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State of Rajasthan - Section

Section 36 in Rajasthan Jails Subordinate Service Rules, 1998

36. Procedure for Selection.

(1)
(I)
(a)After the vacancies to be filled by promotion have been determined under rule 14, the Board referred to in Rule 32 of these Rules shall be constituted:
Provided that in case of promotion of Deputy Jailers to the post of Jailers, the Chairman of the Board shall be the Appointing Authority.
(b)The Board shall prepare correct and complete list contains names not exceeding three times the number of vacancies out of the senior most eligible members of Service, who have passed part-1 of qualifying examination specified in rule 36(2) by obtaining 40% marks in parade and other outdoor tests and 40% marks in written test with 45% marks in aggregate for promotion to the class of post concerned:
Provided that there shall be no part-1 qualifying examination for-promotion to posts of Factory Supervisors, Assistant Supervisors, Vocational Teachers and Teacher Grade II.
(II)The Board(s) constituted under this rule shall consider the cases of all the persons included in the list, Interviewing all of them who present themselves for interview and shall prepare the list containing names of suitable candidate in order of seniority, who secure 45% marks in qualifying examination Part-II and, where qualifying examination Part-I is also prescribed, 50% aggregate of the total marks of the qualifying examination parts I and II, upto one and half times the number of such posts as are specified by a Appointing Authority from time to time and as are determined to be filled under rule 14 or select one more person if the number of vacancies is only one.
In interviewing candidates for promotion regard shall be had to be following factors:
(i)That they have passed part-I qualifying examination, where prescribed;
(ii)Their previous record of service (good and bad entries):
(iii)Integrity:
(iv)Intelligence, tact and energy:
(v)Technical and general knowledge;
(vi)Experience and efficiency;
(vii)Personality and character:
(viii)Physical fitness and capacity to discharge duties of the post to which promotion is to be made including aptitude to undertake extensive tours; and
(ix)Practical knowledge of relevant laws and procedures.
(III)All candidates included in the lists prepared by the Board(s) under rule 36(1)(II) shall be required to undergo the prescribed promotion cadre course, for which the candidates shall be nominated in accordance with seniority:
Provided that such candidates as have been unable to attend or complete the promotion cadre course for reasons beyond their control, shall be allowed to attend the next promotion cadre course, without incurring any loss of seniority:Explanation. - In case any question arises as to whether a candidate could not proceed for promotion cadre course or complete it for reasons beyond his control, the decision of the Appointing Authority shall be final.
(IV)Names of the candidates who have successfully completed the promotion cadre course, shall be placed on the approved list, for promotion in order of seniority.
The candidates who have failed to successfully complete the promotion cadre course on first attempt shall be given one more chance for passing the promotion cadre course examination and their inter se seniority, on successfully completing the course/would remain intact.
(V)The candidates who fail to attend/complete the promotion cadre course when nominated or who are unable to successfully complete the promotion cadre course as provided in sub-rules (III) and (IV) above, shall not be eligible to undergo another promotion cadre course except on the basis of the recommendations of a new Board.
(VI)The Approved List so prepared, shall come into force only when persons of previous approved list have been appointed.
(2)Qualifying Examination for Promotion. - (i) Qualifying examination for promotion means and includes:-
Part Description Maximum Marks
Part-I (a) Written test 100
  (b) Parade and other out-door tests 100
Part-II (a) Interview 25
  (b) Examination of service record, including AnnualConfidential Reports 25
(ii)The syllabus for Part-I examination and general instructions in respect of part-11 shall be determined and issued by the Appointing authority from time to time.
(iii)The Board(s) referred to in rule 32 shall fix the dates and places of examinations.
(iv)On completion of qualifying examination and finalisation of results, the names of candidates who have been found fit to undergo promotion cadre course, shall be announced by the Chairman of the Board immediately' and a list containing the names of such candidates shall be forwarded to the Appointing Authority within the shortest possible time.
(3)Promotion Cadre Course. - (i) The promotion cadre course for various ranks shall be conducted at the Training Institute as may be decided by the Appointing Authority from time to time.
(ii)The promotion cadre course shall be of such duration and shall have such syllabus as may be approved by the Appointing Authority from time to time. In the promotion cadre course due emphasis shall be laid down on indoor and outdoor work.
(iii)The promotion cadre course examination shall be conducted by such Committee as may be constituted by the Appointing Authority.
(4)Promotion. - (i) Substantive promotion in the service shall be given in accordance with the order in which names appear in the approved list:Provided that in case a person who has qualified for undergoing a promotion cadre course is awarded a major punishment involving reduction in rank, dismissal or removal from service or has been compulsorily retired before undergoing the promotion cadre course or during the promotion cadre course, shall not be entitled to undergo the promotion cadre course or the remaining part of the promotion cadre course unless on appeal or review the punishment inflicted on him is withdrawn or the nature of punishment is modified to minor punishment other than with holding of promotion.
(ii)Likewise, if such punishment is inflicted after the completion of the promotion cadre course and preparation of approved list, promotion shall be with held till he is exonerated as a result of the decision in appeal or review as the case may be, or till he has undergone the punishment so inflicted.
(5)Restriction on promotion of persons forgoing promotion. - In case a person on his appointment by promotion to the next higher post either on the basis of urgent/temporary appointment or on regular basis, on the recommendations of the Board forgoes such appointment he shall be considered again for appointment by promotion only after a period of one year (both on the basis of urgent/temporary appointment or on regular basis on the recommendations of the Board).
(6)Disposal of representations and references. - (i) If at any time, a representation or reference relating to qualifying examination or preparation of approved list or promotion cadre course or its examination or any other training course or selection or any other departmental examination conducted under these Rules, is made either by a member of the service or by any Board or by any subordinate office, the orders of the Appointing Authority on it shall be final and ordinarily no further representation or reference on the point so decided upon, shall lie to the Government.
(ii)If on receipt of information or on the basis of an enquiry, the Government or the Appointing Authority, is satisfied that the proceedings of a Board have not been conducted in accordance with the provisions of these Rules or Orders and instructions issued in accordance with these Rules or in just and fair manner, it may set aside the proceedings of such Board and may constitute a fresh Board for the purpose.
Explanation. - All reference to rule 36 in the Rajasthan Jails Subordinate Service Rules, 1997 shall be construed as reference to sub-rule (1) to (6) of rule 36.
(7)Special nomination for Promotion Cadre Course. - Nomination for promotion cadre course for next higher rank upto Jailor to the extent of 10% of vacancies to be filled by promotion in a particular year may be made by the Appointing Authority in case of those members of service who have shown outstanding work in preventing escape from prisons or any other field of prison management.Part-VI Appointment, Probation and Confirmation