Conduct & Disciplinary Rules - 11 : Article from Mr. K.V.Shridharan

 Conduct & Disciplinary Rules - 11 : Article from Mr. K.V.Shridharan

Conduct & Disciplinary Rules - 11 : Article from Mr. K.V.Shridharan

 Government of India Instructions on Conduct Rules

(A compilation of important Govt orders on Conduct Rules)

 

8. Amendment in Central Civil Services (Conduct) Rules, 1964 acceptance of gifts by Government servants - regarding.

The undersigned is directed to say that the following rules of Central Civil Services (Conduct) Rules, 1964 prescribing ceiling for receiving gifts by Government servants, have been amended vide G.S.R. No. 531 (E) dated 29.07.2019 (copy enclosed) so as to bring the uniformity in provisions of CCS (Conduct) Rules, 1964, AIS (Conduct) Rules, 1968 and Foreign Contribution (Acceptance or Retention of Gifts or Presentations) Rules, 2012 :

After Amendment

     Sub-rule (3) of Rule 13
In any other case, a Government servant shall not accept any gift without the sanction

     of the Government,

     If the value exceeds -
(i) rupees five thousand in the case of Government servants holding any Group 'A'

or Group B' post: and
(ii) rupees two thousand in the case of Government servant holding any Group 'C' post.

     Sub-rule (4) of Rule 13
Notwithstanding anything contained in sub-rule (2) and (3), a Government servant,

     being a member of the Indian delegation or otherwise, may receive and retain gifts

     from foreign dignitaries in accordance with the provisions of The Foreign Contribution

(Acceptance or Retention of Gifts or Presentation) Rules, 2012, as amended from time to time.

2. All Ministries/ Departments/Offices are requested to bring the above amendments to the notice of all administrative authorities under their control.

DOPT OM No. 11013/02/2019-Estt.A-III, Dated the 6th August, 2019

9 Central Civil Services (Conduct) Rules, 1974, Submission of representations by Government servants - instructions regarding.

The undersigned is directed to refer to this Department's O.M. No. 11013/7/99¬Estt. (A) dated 01.11.1999 on the abovementioned subject which indicates that the categories of representations from Government servants on service matters have been broadly identified as follows:-

(i) Representations/complaints regarding non-payment of salary/ allowances or other issues;

(ii) Representations on other service matters;

(iii) Representations against the orders of the immediate official superior authority; and

(iv) Appeals and petitions under statutory rules and orders such as Central Civil Services (Classification, Control and Appeal) Rules, 1965 and the petition instructions.

(Apart from the above, sometimes, Government servants also submit advance copy of their representations to the authorities higher than the appropriate/Competent Authority.)

2. Necessary guidelines to deal with such representations are contained in the aforesaid O.M. which are to be followed by the administrative authorities. However, it is observed that some officials resort to the practice of sending repeated representations on the same issue which involves repeated examination of the same issue and bogs down the official machinery to the detriment of consideration of more important and time-bound issues. The matter has been considered by this Department. It needs to be emphasized that Government servants should desist from making frequent and numerous representations on the same issue.

The second representation on the same issue will be examined only if it contains any fresh points regarding new developments or facts having a bearing on the issue. It has been decided that when representations have already been considered and replied, further representations exceeding two on the same issue will henceforth be ignored. A Government servant may make a representation to an authority higher than the lowest competent authority only when he is able to establish that all the points or submissions made therein have not been fully and properly considered by his immediate official superior, or the Head of Office concerned or such other authority at the lowest level competent to deal with the matter. Government servants should desist from prematurely addressing the higher authorities.

3. All the Ministries/Departments are requested to bring the above guidelines for the notice of all concerned for information and compliance.

DOPT F.No.11013/4/2010-Estt. (A) Dated the 19th April, 2010.

10. Representation from Government servant on service matters.

The undersigned is directed to refer to the Ministry of Home Affair's OM No. 118/52-Ests. dated the 30th April, 1952, OM No. 25/34/68-Estt.(A) dated the 20th December, 1968 and this Department's OM No. 11013/07/1999-Estt.(A) dated the 1st November, 1999 (copies enclosed for ready reference) on the above mentioned subject. This Department is receiving a number of representations, on service matters, addressed to the Prime Minister/ Minister/ Secretary (P) and other officers directly from the Government servants.

2. It has been envisaged in these instructions that whenever, in any matter connected with his service rights or conditions, a Government servant wishes to press a claim or to seek redress of a grievance, the proper course for him is to address his immediate official superior, or the Head of his office, or such other authority at the lowest level as is competent to deal with the matter. Of late, it is observed that there is an increasing tendency on the part of officers at different levels to by-pass the prescribed channels of representation and write directly to the high functionaries totally ignoring the prescribed channels. The problem is more acute in large Departments where often very junior employees at clerical level address multiple representations to the Minster, Prime Minister and other functionaries. Apart from individual representations, the service unions have also developed a tendency to write to the Ministers and Prime Minister on individual grievance. Some of these representations are often forwarded through Members of Parliament, in violation of Rule 20 of the CCS (Conduct) Rule, 1964.

3. Existing instructions clearly provide that representations on service matters should be forwarded through proper channel. The stage at which an advance copy of the representation may be sent to higher authorities has also been indicated. In MHA O.M. No. 25/34/68-Estt.(A) dated 20.12.68 time limits for disposal of various types of representations have been prescribed. If it is anticipated that an appeal or petition cannot be disposed of within a month of its submission an acknowledgement or interim reply should be sent to the individual within a month.

4. Thus adequate instructions are available in the matter of submission of representations by the Government servants and treatment of the representations by the authorities concerned. As such submission of representations directly to higher authorities by- passing the prescribed channel of communication, has to be viewed seriously and appropriate disciplinary action should be taken against those who violate these instructions as it can rightly be treated as an unbecoming conduct attracting the provisions of Rule 3 (1) (iii) of the CCS (Conduct) Rules, 1964.

5. It is again reiterated that these instructions may be brought to the notice of all Govt. servants and appropriate disciplinary action may be taken against those who violate these instructions.

DOPT OM No. 11013/08/2013-Estt.A-III, Dated the 6th June, 2013.

11. Representation from Government servant on service matters - reiteration of instructions - regarding.

The undersigned is directed to refer to O.M. of even number dated 6th June, 2013 wherein instructions have been issued on submission of representation by Government servants about their service matters. In spite of these instructions, it has been observed that Government servants including officers/ officials of para military forces and Army personnel continue to represent directly to the Prime Minister, Minister, Secretary (P) and other higher authorities, directly.

2. As per the existing instructions, wherever, in any matter connected with his service rights or conditions, a Government servant wishes to press a claim or to seek redressal of a grievance, the proper course for him is to address his immediate official superior, or Head of his office, or such other authority at the appropriate level who is competent to deal with the matter in the organisation.

3. Such submission of representations directly to other authorities by- passing the prescribed channel of communication, has to be viewed seriously and appropriate disciplinary action should be taken against those who violate these instructions. This can rightly be treated as an unbecoming conduct attracting the provisions of Rule 3 (1) (iii) of the Central Chill Services (Conduct) Rules, 1964. It is clarified that this would include all forms of communication including through e-mails or public grievances portal etc.

4. Attention in this connection is also invited to the provision of Rule 20 of CCS (Conduct) Rules, 1964 prohibiting Government servants from bringing outside influence in respect of matter pertaining to his service matter. Representation by relatives of Government servant is also treated as outside influence as clarified vide MHA OM No. /21/63-Estt.(A) dated 19.09.1963

5. It is reiterated that these instructions may be brought to the notice of all Govt servants including officers/ officials of para military forces and member of armed forces and action taken against those who violate these instructions.

DOPT OM No. 11013/08/2013-Estt(A-III) Dated the 31st August, 2015