Conduct & Disciplinary Rules - 14 : Article from Mr. K.V.Shridharan

 Conduct & Disciplinary Rules - 14 : Article from Mr. K.V.Shridharan

 Conduct & Disciplinary Rules - 14 : Article from Mr. K.V.Shridharan 

Government of India Instructions on Conduct Rules

(A compilation of important Govt orders on Conduct Rules)

Rule 7

19. Strike Notice for 16th March, 2017 - Instructions under CCS (Conduct Rules) 1964 - Regarding.

It has been brought to the notice of the Government that Confederation of Central Government Employees and Workers. New Delhi has given a notice that the members of the affiliates of the Confederation will go on strike on 16th March, 2017 in pursuance of their 7th Central Pay Commission Demands
2. The instructions issued by the Department of Personnel and Training prohibit the Government servants from participating in any form of strike including mass casual leave, go slow etc, or any or any action that abet any form of strike in violation of Rule 7 of the CCS (Conduct) Rules. 1964. Besides, in accordance with the proviso to Rule 17(1) of the Fundamental Rules, pays and allowances is not admissible to an employee for his absence from duty without any authority. As to the concomitant rights of an Association after it is formed, they cannot be different from the rights which can be claimed by the individual members of which the Association is composed. It follows that the right to form an Association does not include any guaranteed right to strike. There is no statutory provision empowering the employees to go on strike. The Supreme Court has also ruled in several judgments that going on a strike is a gravy misconduct under the Conduct Rules and that misconduct by the government employees is required to be dealt with in accordance with the law. Any employee going on strike in any form would face the consequences which. besides deduction of wages. may also include appropriate disciplinary action. Attention of all employees of this Department is also drawn to this Department’s O.M. No. 33012/I/(s)/2008-Estt.(B) dated 12.9 2008. on the subject for strict compliance.
3. All officers are requested that the above instructions may be brought to the notice of the employees working under their control. All officers are also requested not to sanction Casual Leave or other kind of leave to the officers and employees if applied for, during the period of proposed strike. and ensure that the willing employees are allowed hindrance free entry into the office premises.
4. In case employees go on strike all divisional heads are requested to forward a report indicating the number and details of employees who are absent from duty on the day of strike i.e.16.03.2017

DOPT OM No. 45018/I/2017-Vig Dated the 15th March 2017

 

20. All India strike for 08th and 9th January, 2019 – Instructions under CCS (Conduct Rules), 1964 – Regarding.

It has been brought to the notice of the Confederation of Central Government Employees and workers has decided to observe two day strike on 8th and 9th January, 2019 to protest against NPS and certain 7th CPC

2. The instructions issued by the Department of Personnel and Training prohibit the Government servants from participating in any form of strike including mass casual leave, go slow etc. or any action that abet any form of strike/protest in violation of Rule 7 of the CCS (Conduct) Rules, 1964. Besides, in accordance with the proviso to Rule 17(1) of the Fundamental Rules, pay and allowances is not admissible to an employee for his absence from duty without any authority. As to the concomitant rights of an Association after it is formed, they cannot be different from the rights which can be claimed by the individual members of which the Association is composed. It follows that the right to form an Association does not include any guaranteed right to strike/protest. There is no statutory provision empowering the employees to go on strike. The Supreme Court has also agreed in several judgements that going on a strike is a grave misconduct under the Conduct Rules and that misconduct by the Government employees is required to be dealt with in accordance with law. Any employee going on strike in any form would face the consequences which, besides deduction of wages, may also include appropriate disciplinary action. Kind attention of all employees of this Department is also drawn to this Department’s O.M. No.33012/1/(s)/2008- Estt.(B) dated 12.9.2008, on the subject for strict compliance (enclosed as Annexure-A).

3. All officers are requested that the above instructions may be brought to the notice of the employees working under their control. All officers are also requested not to sanction Casual Leave or any other kind of leave to the officers and employees, if applied for, during the period of proposed strike, and ensure that the willing employees are allowed hindrance free entry into the office premises.

4. In case employees go on strike, all Divisional Heads are requested to forward a report indicating the number and details of employees, who are absent from duty on the day of str e i.e, 08.01.2019 and 09.01.2019.

DOPT OM No.45018/1/2017-Vig.Dated the 08th January, 2019

Rule 13

 

21. Revised time limit for grant/refusal of permission under the provisions of CCS (Conduct) rules

 

The following time limits for granting or refusing permission have been prescribed with immediate effect.

 

In the event of failure on the part of competent authority to communicate its decision within the time limits, the employee shall be free to assume that permission has been granted to him.

(DOPT OM No. 11013(2)/88-Estt. (A), dated  07.07.1988)

 

22. Acceptance of awards without prior approval of the Government.

You must be aware that acceptance of awards without prior approval of the Government is a violation of the Conduct Rules. The acceptance of awards attracts the provisions of Rule 14 of the Central Civil Services (Conduct) Rules, 1972 and the instructions issued there under.  The provisions of Rules 14 provide that a Government servant shall not, except with the previous sanction of the Government, receive any complimentary or valedictory address, or accept any testimonial or attend any meeting or entertainment held in his honour or in the honour of any other Govt. servant.

2. However, it has been noticed that some officers have accepted awards in the past from the non-Governmental organisations without the prior approval of the Government. I am directed to caution you against acceptance of any award in future without prior sanction of the Government. Acceptance of awards without the prior approval of the Government will be viewed adversely. The officers in your Ministry/Department and attached and subordinate offices may be apprised of this.

(DG (P) No. 25-14/2010-SPG dated 10.06.2010)

 

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

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:

Before Amendment	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 one thousand five hundred in the case of Government servants holding any Group ‘A’ or Group ‘B’ post; and (ii) rupees five hundred in the case of Government servant holding any Group `C’ or Group ‘D’ posts.	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 India delegation or otherwise, may receive and retain gifts from foreign dignitaries, if the market value of gifts received on one occasion does not exceed rupees one thousand. In all other cases, the acceptance and retention of such gift shall be regulated by the instructions issued by the Government in this regard from time to time.	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 F.No.11013/02/2019-Estt. A-III Dated: 6 August, 2019

……… To be continued……