Conduct & Disciplinary Rules – 92 : (Compiled By Com Kayveeyes)

 Conduct & Disciplinary Rules – 92 : (Compiled By Com Kayveeyes)

Conduct & Disciplinary Rules – 92 : (Compiled By Com Kayveeyes)

RELAX, REFRESH RULING KNOWLEDGE

CCS - CONDUCT RULES 1964

 33.     Can a Government servant criticize the Government?

A Government servant should not, in any radio broadcast or in any document published in his own name or anonymously, pseudonymously or in the name of any other person or in any communication to the press or in any public utterance, make any statement of fact or opinion.

(i)      which has the effect of an adverse criticism of any current or recent policy or action of the Central or a State Government;

(ii)     which is capable of embarrassing the relations between the Central Government and a State Government; or

(iii)   which is capable of embarrassing the relations between the Central Government and the Government of any foreign State.

This rule does not, however, apply to any statements made or otherwise expressed by a Government servant in his official capacity or in the due performance of the duties imposed on him.

(Rule 9)

34. Whether the Government servant shall give evidence in connection with any enquiry conducted by any person, authority without the sanction of the Government. What are all the exception to this rule?

No. He should not give any evidence. The previous sanction of the Government is not necessary in the following cases -

1.        evidence given at an enquiry before an authority appointed by the Government, Parliament or a State Legislature; or

2.        evidence given in any judicial enquiry; or

3.        evidence given at any departmental enquiry ordered by authorities subordinate to the Government.

[Rule 10 (3)]

35. A Government servant while giving evidence in connection with an enquiry conducted by a committee refers to the lack of uniformity in the prohibition policy pursued by the Central Government. Will it be taken as a adverse criticism?

There is no objection to the Government servant tendering evidence before the committee with the sanction of the Government. But reference to the prohibition policy of the Central Government amounts to criticism of Government and hence violates the provisions of Rule 10 (1) of C. C. S. (Conduct) Rules.

36. A Government servant without the permission of the Government had given evidence before the Administrative Reforms Commission and thereafter he gave wide publicity to the evidence tendered by him. Will it be tolerable as per the Conduct Rules?

Under Rule 10 (3) of the C.C.S. (Conduct) Rules, no permission of the Government or of the Head of the Department is necessary for giving evidence before the Administrative Reforms Commission. But evidence tendered before the Commission should not be given publicity as that amounts to public criticism of Government or unauthorized communication of information, vide Rules 9 and 11 of the C. C. S. (Conduct) Rules. The action of the Government servant in giving publicity to the evidence tendered before the Commission is not order.

(G. I. D. (2) below Rule 10)

37. An official referred to the pay anomalies in the pay fixation of his own case in his memorandum to the Pay Commission, and requested the Commission's intervention. Is it in order?

Individual Government servants are free to submit memoranda to the Pay Commission in their individual capacity. But individual grievances should not be put to the Commission. Reference in the memoranda submitted by him to the anomalies in the fixation of his pay amounts to individual grievance and hence should not have been put to the Commission. The official's action is not in order.

(G. I. D. (3) below Rule 10)