Conduct & Disciplinary Rules - 10 : Article from Mr. K.V.Shridharan
Government of India Instructions on Conduct Rules
(A compilation of important Govt orders on Conduct Rules)
5. Central Civil Services (Conduct) Rules 1964 — Guidelines regarding prevention of sexual harassment of women at the workplace — regarding
Following the promulgation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 [SHWW(PPR) Act] and notification of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 [SHWW(PPR) Rules] on 09.12.2013., the Government has recently, on 19.11.2014, notified the amendments to Central Civil Services (Conduct) Rules 1964 and Classification, Control and Appeal Rules, 1965. The amendments and other salient features of the Act/ Rules was brought to the notice of all concerned vide Office Memorandum of even no. dated 27.11.2014. The amendments to the Central Civil Services (Conduct) Rules 1964 and Classification, Control and Appeal Rules, 1965 and the Office Memorandum dated 01.12.2014 are available on the Department's website.
2. The following guidelines, conveying the decision of the Committee of Secretaries on this subject, were issued vide this Department's Office Memorandum No. 11013/3/2009-Estt.(A) dated 03.08.2009.
"As regards provisions for protection of women, it was suggested that the complaints committee mechanism provided under Vishakha guidelines relating to sexual harassment should be strictly in accordance with the judgment and steps should be taken to ensure that the committee is effective and functional at all times. It would also be desirable for the Committees to meet once a quarter, even if there is no live case, and review preparedness to fulfil all requirements of the Vishakha judgment in the Department/Ministry/ organization concerned."
3. As per the guidelines issued vide Office Memorandum dated 21.07.2009, it is also to be ensured that the Complaints Committee shall at all times be in existence and changes in its composition, whenever necessary, should be made promptly and adequately publicized. The composition of the Complaints Committee should also be posted on the websites of the concerned Ministries/Departments/Offices concerned.
4. Vide the Office Memorandum dated 01.12.2014, the attention of the Ministries/Departments was also invited to the reporting requirements mentioned in the SHWW (PPR) Act and SHWW (PPR) Rules.
5. All Ministries/ Departments are requested to please review the progress of implementation of the existing abovementioned guidelines issued in the aftermath of the Vishakha judgment.
6. Attention of all Ministries is invited to Section 22 of the Act relating to including information in Annual Report, and to request that information relating to number of cases filed, if any, and their disposal may be included in the Annual Report of the Ministry / Department.
7. All Ministries / Departments are also requested to furnish an annual return (as on 31 st March) in the enclosed proforma to this Department by 30 th April every year.
DOPT OM No. 11013/2/2015-Estt.A-III, Dated the 2nd February, 2015.
6. Central Civil Services (Conduct) Rules 1961 — Guidelines regarding prevention of sexual harassment of women at the workplace - regarding.
The undersigned is directed to refer to the DoPT OM number No.11013/2/2014- Estt.A-III, dated the 16th July, 2015 etc., vide which need for effective mechanism to ensure that inquiries in the case of allegations of sexual harassment are conducted as per the prescribed procedure and that they are monitored have been issued. Recently, a meeting was held under the Chairmanship of Minister, Women and Child Development wherein concern was expressed that the inquiries in such cases are taking unduly long time. It has, therefore, been decided that the following further steps may be taken to ensure that the inquiries are conducted expeditiously and the aggrieved women are not subjected to victimization:
(1) As already conveyed vide OM dated 2nd February, 2015 all Ministries/Departments shall include in their Annual Reports information related to the number of such cases and their disposal.
(2) As far as practicable, the inquiry in such cases should be completed within 1 month and in no case should it take more than 90 days as per the limit prescribed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
(3) It should be ensured that the aggrieved women are not victimized in connection with the complaints filed by them. For a period of five years after a decision in a proven case of sexual harassment, a watch should be kept to ensure that she is not subjected to vendetta. She should not be posted under the Respondent, or any other person where there may be a reasonable ground to believe that she may be subjected to harassment on this account. In case of any victimization the complainant may submit a representation to the Secretary in the case of Ministries/Departments and Head of the Organization in other cases. These representations should be dealt with sensitivity, in consultation with the Complaints Committee, Ministries/Departments and Head of the Organization in other cases. These representations should be dealt with sensitivity, in consultation with the Complaints Committee, and a decision taken within 15 days of the submission of the same.
(4) All Ministries/Departments shall furnish a monthly report to the Ministry of Women and Child Development giving details of number of complaints received, disposed of and action taken in the case.
DOPT OM No. 11013/7/2016-Estt.A-III Dated the 22nd December, 2016
7. Online Complaint Management System Titled "Sexual Harassment Electronic-Box (SHe-Box)" - Regarding.
The undersigned is directed to say that Ministry of Women & Child Development launched an online complaint management system titled Sexual Harassment electronic-Box (SHe-Box) on 24th July, 2017 for registering complaints related to sexual harassment at workplace. The She-Box is] an initiative to provide a platform to the women working or visiting any office of Central Government (Central Ministries, Departments, Public Sector Undertakings, Autonomous Bodies and Institutions etc.) to file complaints related to sexual harassment at workplace under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
2. Once a complaint is submitted to SHe-Box, it will be directly sent to the Internal Complaint Committee (ICC) of the concerned Ministry / Department/ PSU / Autonomous Body etc. having jurisdiction to inquire into the complaint. The She-Box also provides an opportunity to both the complainant and nodal administrative authority to monitor the progress of inquiry conducted by the ICCs. The SHe-Box portal can be accessed at the link given below:
http://www.shebox.nic.in/
3. Features of the SHe-Box are as under:
(i) SHe-Box is an online Complaint Management System for lodging complaints related to sexual harassment of women at workplace. The steps required for filing of complaint through
SHe-Box can be downloaded from the link: http://www.shebox.nic.in/assets/site/download/manual.pdf
(ii) Any woman working or visiting any office of Central Government (Central Ministries, Departments, Public Sector Undertakings, Autonomous Bodies and Institutions etc.) can file complaint related to sexual harassment at workplace through this SHe-Box .
(iii) Once a complaint is submitted to the SHe-Box, it will directly send the complaint to the Internal Complaints Committee (ICC) of the concerned Ministry /Department /PSU /Autonomous Body etc; having jurisdiction to inquire into the complaint. The Internal Complaints Committee will take action as prescribed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and update the status of the complaint through 'Administrator Login'
(iv) The status of complaint can be viewed at any time by pressing the tab 'View Status of Your Complaint' within SHe-Box.
4. The complaint registered in the She-Box contains only a brief description of the incident of sexual harassment at workplace. The Internal Complaints Committee (ICC) is required to initiate inquiry as prescribed under Section 11 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 read with Department of Personnel & Training's O.M. No. 11013/2/2014-Estt.(A-III) elated 16th July, 2015 by calling upon the complainant to provide detailed complaint along with all the relevant evidences (documentary or otherwise).
5. All the Ministries/Departments are requested to bring the contents of this OM to the notice of all officers and staff working under them. The Ministries/ Departments are also requested to advise the PSEs /Autonomous Bodies under their administrative control to bring the content of SHe-Box to all officers and staff.
DOPT OM No. 11013/7/2016-Estt.A-III, Dated the 1st November, 2017.
Conduct & Disciplinary Rules - 11 : Article from Mr. K.V.Shridharan
Click the below link Click the below link to view previous topics
Conduct & Disciplinary Rules - 1
Conduct & Disciplinary Rules - 2
Conduct & Disciplinary Rules - 3
Conduct & Disciplinary Rules - 4
Conduct & Disciplinary Rules - 5
Conduct & Disciplinary Rules - 6
Conduct & Disciplinary Rules - 7
Conduct & Disciplinary Rules - 8
Conduct & Disciplinary Rules - 9
Conduct & Disciplinary Rules - 10
Conduct & Disciplinary Rules - 11
Conduct & Disciplinary Rules - 12
Government of IndInstructions 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
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
Government of India Instructions on Conduct Rules
(A compilation of important Govt orders on Conduct Rules)
12. Requirement of taking prior permission by Government servants for leaving station/headquarters – Clarification regarding.
The undersigned is directed to refer to this Department’s O.M. No. 11013/7/94-Estt. (A) dated 18th May, 1994 on the subject mentioned above in which it has inter-alia been clarified that separate permission may not be necessary where a Government servant has indicated his intention of leaving headquarters/station along with leave address while applying for leave. It has also been clarified that in case leave applied for the purpose of visiting foreign country is sanctioned, it would imply that permission for going abroad is also granted and, therefore, leave sanctioning authority should keep this aspect in mind while granting the leave applied for.
2. The above instructions have been reviewed and it has been decided that ‘while granting leave the sanctioning authority shall take prior approval, if required, for permitting the officer to go abroad as per the existing instructions.’
3. All Ministries/Departments are requested to bring these instructions to the notice of all concerned under their control and ensure that these are strictly followed
DOPT OM No. 11013/8/2000-Estt. (A), dated the 7th November, 2000
13. Requirement of taking prior permission for leaving station/ headquarters for going abroad while on leave.
Undersigned is directed to refer to the Office Memorandum mentioned in the margin and to say that as per the existing instructions, when Government servant applies for leave for going abroad on a private visit, separately prior permission of the Competent authority for such visit is also required. While granting such permission, many factors are required to be kept in view. For example, permission may be denied in the interest of security. Individuals facing investigation/inquiry on serious charges, who may try to evade apprehension by police authorities, or facing the inquiry, may also not be permitted to leave the country. On the other hand, it is also desirable that requests of Government servants for such permission are dealt with expeditiously.
2. Keeping the above in view, it has been decided that requests for permission for private visits abroad may be processed in the attached formats. As clarified vide the OM dated 1st September, 2008, the competent authority for granting permission will be as per instructions issued by the Cadre Authority/administrative Ministry/Department. In the absence of any such instructions, it is the leave sanctioning authority. In case due to specific nature of work in a Department, administrative exigencies, or some adverse factors against the Government servant etc., it is not expedient to grant permission to the Government servant, such decision for refusal should not be taken below the level of Head of Department. It may be ensured that the decisions are conveyed to the Government servants within 21 days of receipt of complete application to the competent authority. Any lacunae in the application should be brought to the notice of the Government servant within one week of the receipt of the application. In the event of failure on the part of the competent authority to communicate its decision to the Government employee concerned with 21 days of receipt of the application, the employee concerned shall be free to assume that permission has been granted to him.
3. If in case some modifications are considered necessary due to specialised nature of work handled by any organisation, changes may be made with the approval of this Department.
DOPT OM No. 11013/8/2015-Estt.A-III Dated the 27th July, 2015..
14. Accountability for delay in decision making
A Core Group on Administrative Reforms (CGAR) has been constituted under the Chairmanship of Cabinet Secretary in February, 2003 to formulate specific changes in the systems and procedures in consultation with the ministries/departments concerned and to advise strategies for changing attitudes. The Core Group has decided that the existing provisions about accountability mechanism should be reiterated with a view to bring to everyone's notice that these provisions are adequate for initiating disciplinary proceedings when an officer adopts a dilatory attitude leading to delay in decision-making and/or harassment of the public.
2. In view of the above, the following provisions of CCS (Conduct) Rules, 1964 are brought to the notice of all Ministries/Departments for information and necessary action: -
Rule 3. General
(1) Every Government servant shall at all times -
(i) Maintain absolute integrity;
(ii) Maintain devotion to duty; and
(iii) do nothing which is unbecoming of a Government servant.
(2) (i) Every Government servant holding a supervisory post shall take all possible steps to ensure the integrity and devotion to duty of all Government servants for the time being under his control and authority;
(ii) No Government servant shall, in the performance of his official duties, or in the exercise of powers conferred on him, act otherwise than in his best judgment except when he is acting under the direction of his official superior;
Explanation I - A Government servant who habitually fails to perform the task assigned to him within the time set for the purpose and with the quality of performance expected of him shall be deemed to be lacking in devotion to duty within the meaning of clause (ii) sub-rule (1).
Explanation II: - Nothing in clause (ii) of sub-rule (2) shall be constructed as empowering a Government servant to evade his responsibilities by seeking instructions from, or approval of, a superior officer or authority when such instructions are not necessary under the scheme of distribution of powers and responsibilities.
Rule 3A. Promptness and Courtesy
No Government servant shall
(a) in the performance of his official duties, act in a discourteous manner;
(b) in his official dealing with the public or otherwise adopt dilatory tactics or willfully cause delays in disposal of the work assigned to him.
3. Rule 11 of the CCS (CCA) Rules, 1965 provides that the penalties (ranging from 'censure' to 'dismissal') mentioned therein may be imposed on a Government servant for good and sufficient reasons'. Thus any Government servants violating the provisions of Conduct Rules can be proceeded against as it will form 'good and sufficient reasons' for imposing the penalties prescribed in Rule 11. In other words, disciplinary proceedings could be initiated if an officer adopts a dilatory attitude, leading to delay in decisions making and/or harassment of the public.
4. Ministries/Departments are also requested to bring the above cited provision of the Conduct Rules and CCS Rules to the notice of all the officers and officials in the Ministry/Department (proper) and in the organizations/offices under their administrative control to clarify that if they are found responsible for willful delay in the disposal of the various types of cases dealt with by them, finally leading to delay in decisions making, they shall be liable for disciplinary action in terms of the relevant provision referred to in para 2 and 3 of this OM.
(DOPT No. 11013/2/2004-Estt (A) dated 16.02.2004)
15. Observance of punctuality in Government Offices.
Instructions have been issued from time to time with regard to the need to observe punctuality by Government servants. Responsibility for ensuring punctuality in respect of their employees rests within Ministries/ Departments/ Offices.
2. The decision to introduce AADI-IAR enabled Bio-metric Attendance System (AEBAS) in Central Government offices, including attached/ sub-ordinate offices, to replace the manual system of marking of attendance to ensure punctuality is to be implemented in all Ministries/ Departments. This Department vide O.M. of even no. dated 21.11.2014 and 28.01.2015, while recognizing that the Biometric Attendance System is only an enabling platform had, inter-alia, stated that there was no change in the instructions relating to office hours, late attendance etc.
3. In this connection attention is invited to Rule 3(1)(ii) of CCS (Conduct) Rules, 1964 which stipulates that every Government servant shall at all times maintain devotion to duty. Habitual late attendance is viewed as conduct unbecoming of a Government servant and disciplinary action may be taken against such a Government servant. It is also added that punctuality in attendance is to be observed by Government servants at all levels.
4. It is also requested that the necessary directions may be issued to all employees to mark their attendance in BAS portal on regular basis.
DOPT OM No. 11013/9/2015-Estt.A-III Dated the 22nd June, 2015.
16. Introduction of AADHAR enabled bio-metric attendance system.
The undersigned is directed to refer to Secretary, DEITY's DO letter no. SSD/DeitY/BAS/2014-74 dated 23.12.2014 (copy enclosed), observing that in many offices there is a large difference between the number of registered employees and the number of employees marking their attendance in the Biometric attendance system (BAS). The Secretaries of all Ministries / Departments have been requested to issue directions to all employees to mark their attendance in BAS Portal on regular basis.
2. As per the Guidelines issued vide O.M. No. 11013/9/2014-Estt.A-III dated 21.11.2014, it has been decided to use an AADHAR Enabled Bio-metric Attendance System (AEBAS) in all offices of the Central Government, including attached / subordinate Offices, in India. All employees are, therefore, required to register themselves in the system and mark their attendance. Instructions already exist for dealing with cases of late attendance/ unauthorized absence, which may be followed.
3. It is requested that necessary directions may be issued to all employees to mark their attendance in BAS portal on regular basis.
DOPT OM No. 11013/9/2011-Estt.A-III Dated the 28th January, 2015
Government of India Instructions on Conduct Rules
(A compilation of important Govt orders on Conduct Rules)
17. Grant of vigilance clearance for obtaining passport.
The undersigned is directed to say that matter regarding guidelines for granting vigilance clearance to members of the Central Civil Service holding Central Civil Posts have been reviewed and it has been decided to lay down guidelines for grant of vigilance clearance to the Government servant for obtaining Indian Passport.
2. Ministry of External Affairs (MEA) has issued the guidelines for issuance of ordinary Passport to the Government servant vide O.M. No. VI/401/01/05/2014 dated 26.05.2015 in connection with procedures to be the followed in case of passport to be issued to Government servant.
3. In view of the above, it is mandatory for the administrative Department/Controlling Authority to check whether any provision of the Section 6(2) of the Passport Act, 1967 are attracted in the case of employee, who are working under them, while obtaining Indian Passport. As such, it is required to check the vigilance clearance of such Government servant.
4. Accordingly, it has been decided that vigilance clearance can be withheld only under the following circumstances:
(i) The officer is under suspension;
(ii) A charge sheet has been issued against the officer in a disciplinary proceeding and
the proceeding is pending.
(iii) Charge sheet has been filed in a Court by the investigating Agency in a criminal case and the case is pending.
(iv) Sanction for investigation or prosecution has been granted by the Competent Authority in a case under the PC Act or any other criminal matter.
(v) An FIR has been filed or a case has been registered by any Government entity against the officer, after a preliminary fact finding inquiry.
(vi) The officer is involved in a trap/ raid case on charges of corruption and investigation is pending.
5. Vigilance clearance shall not be withheld due to an FIR filed on the basis of a private complaint unless a charge-sheet has been filed by the investigating agency provided that there are no directions to the contrary by a competent court of law. However, the information regarding FIR may be provided to the Passport Office. The final decision will be taken by the concerned Passport Issuing Authority.
6. There may be situations wherein wards and relatives of the civil servants residing abroad (for education and other purposes) could be having medical emergencies or family events. The officer himself/ herself may require to visit abroad for medical reasons. Therefore, as a policy, ordinarily, a passport will not be granted if a disciplinary proceeding is pending against the officer. However, the competent authority can take a view wherein a foreign travel is necessitated due to extreme urgent situation like medical emergencies etc. on case to case basis.
7. All Ministries/ Departments/Offices are requested to bring the above guidelines to the notice of all Disciplinary Authorities under their control.
DOPT F. No. 11012/7/2017-Estt.A-III Dated 28th March, 2018
Rule 4
18. Clarification of the Definition of "Members of Family" in the context of Rule 4 regarding.
The undersigned is directed to say that as per rule 4 (1) of CCS (Conduct) Rules, 1964, no Government servant shall use his position or influence directly or indirectly to secure employment for any member of his family in any company or firm. Further, rule 4(3) reads as follows:
"No Government servant shall in the discharge of his official duties deal with any matter or give or sanction any contract to any company or firm or any other person if any member of his family is employed in that company or firm or under that person or if he or any member of his family is interested in such matter or contract in any other manner and the Government servant shall refer every such matter or contract to his official superior and the matter or contract shall thereafter be disposed of according to the instructions of the authority to whom the reference is made."
2. As per rule 2 of the CCS (Conduct) Rules, 1964, the definition of "Members of Family" may differ from that given in the rule 2, sub clause (c) in the context of a rule. For removal of doubts it is clarified that in the context of rule 4(1) and 4(3) "Members of family" in relation to a Government servant include the wife or husband, son or daughter, parents, brothers or sisters or any person related to any of them by blood or marriage, whether they are dependent on the Government servant or not.
3. All Ministries/ Departments/Offices are requested to bring the above guidelines to the notice of all Disciplinary Authorities under their control.
DOPT OM No. 11013/4/2016-Estt (A-III) Dated the 20th July, 2016.
……… To be continued……
No comments:
Post a Comment