Session overview by bWgKuFy


									Indian Audit and Accounts Department
Courseware on Common Administrative Issues, Reservation Rosters, Vigilance and
Disciplinary Proceedings
Session 4.1 and 4.2: The Central Civil Services (Conduct) Rules, 1964.

SESSION OVERVIEW                                   Government, but also towards the public
                                                   with whom they come into contact in
     The Central Government has a vast             their public dealings. The essence of
number of civil service employees,                 Government service is the sense of
comprising of a multiplicity of ranks and          discipline to which all Government
cadres, spread over myriad departments             employees are subject to and the
and offices. It is paramount that these            privileges to which they, in general are
large numbers of employees are bound               entitled. These two aspects are fully
by a strict code of conduct and ethics in          covered by two sets of service rules, viz.,
the course of the discharge of their               Central Civil Services (Conduct) Rules,
duties as public servants. Article 309 of          1964 and the Central Civil Services
the Constitution of India which deals              (Classification, Control and Appeal)
with the matter of recruitment and                 Rules, 1965. A Government employee
conditions of service of persons serving           who violates any provisions of the
the Union or a State, states         that,         CCS(Conduct)Rules, 1964 can be
“subject to the provisions of         this         proceeded against and imposed with, for
Constitution, Acts of the appropriate              good and sufficient reasons, any of the
Legislature     may      regulate      the         penalties mentioned in Rule 11 of the
recruitment, and conditions of service             CCS(CCA) Rules, 1965.
of persons appointed, to public services
and posts in connection with the affairs           LEARNING OBJECTIVE
of the Union or of any State.” Thus the
responsibility to define Conduct and                    In this session, the learner will learn
other Service rules were enjoined on the           to correctly understand, apply and
Government of India in terms of Article            enforce the various provisions of the
309 of the Constitution.                           CCS (Conduct) Rules when required to
                                                   do so without being off-track, arbitrary
                                                   or subjective. The lesson will aim at
        EVOLUTION – CONDUCT                        building a sound conceptual base of the
               RULES                               various provisions of the conduct rules
                                                   and their appropriate applicability in
                                                   general and specific cases.
        IN 1955           M
                      COMMITTEE   CONDUCT RULES,
                      RECOMMEN        1964
                                                   B. CCS (CONDUCT) RULES, 1964
                                                   - An Analysis

              UPDATED IN
                                                   1. Basic Concept - Government
                                                   employees are required to adhere to
                                                   certain standards of conduct both in their
     Government employees are a                    official and private capacities. These
special type quite distinct from those in          requirements have been laid down in the
the private sector, being charged with             Central Civil Service (Conduct) Rules,
the responsibility not only towards the            1964.

Note 4.1 & 4.2                                                                            366
Indian Audit and Accounts Department
Courseware on Common Administrative Issues, Reservation Rosters, Vigilance and
Disciplinary Proceedings
Session 4.1 and 4.2: The Central Civil Services (Conduct) Rules, 1964.

                                             2.2 Rule 3 - defines the meaning of
2. The CCS (Conduct) Rules, 1964 is          Government, Government servant, and
made up of 25 rules. All these are           Members of family.
statutory rules within the meaning of
Article 309 of the Constitution, and have
been clarified where necessary by            C.   ANALYTICAL EXPOSITION
executive orders in the form of              OF OTHER RULES OF CONDUCT
Government of India’s decisions or
instructions appended below the relevant     1.    General [Rule 3] - This rule is
rule. The basic rules are Rule 1 and 2       sweeping in its coverage and is the most
which define                                 operative rule which provides that every
                                             Government servant shall at all times:-
2.1 Rule 1
                                                (i)     maintain absolute integrity;
(i) Date Of Effect      -             The
CCS(Conduct) Rules, 1964             were       (ii)    devotion to duty; and
notified by the Government of       India,
Ministry of Home Affairs on          30th       (iii)   do    nothing which            is
November 1964 and came into         effect              unbecoming       of             a
from the same day.                                      Government servant.

(ii) Applicability- The CCS (Conduct)        1.1     The fundamental requirement of
Rules, 1964 apply to every person            this rule are integrity, honesty, efficiency
appointed to a Central civil service or      and good behaviour of a public servant.
post including civilians in the defence      Most of the disciplinary proceedings
services but do not apply to –               arise out from the breach of this rule.
                                             Charge of lack of integrity varies from
   (i) to railways                           ‘naked’ corruption to that of abuse of
            (a) a Railway servant,           official position.
            (b)) a person holding a post
                in the Railway Board or      1.2     Integrity – It is wholesome-
                of     the      Financial    uprightness, honesty and purity.
                Commissioner           of    Departmental action can be taken against
                Railways,                    a public servant for serious cases of lack
                                             of integrity.
   (ii)    member of the All India
           Services,                         1.3 Devotion to duty – A Government
                                             servant who habitually fails to perform
   (iii)   a holder of any post of which     the task assigned to him, shall be
           the President has, by general     deemed to be lacking in devotion to
           or special order, directed that   duty. Every Government servant holding
           that these rules shall not        supervisory post is expected to take all
           apply.                            possible steps to ensure that his

Note 4.1 & 4.2                                                                      367
Indian Audit and Accounts Department
Courseware on Common Administrative Issues, Reservation Rosters, Vigilance and
Disciplinary Proceedings
Session 4.1 and 4.2: The Central Civil Services (Conduct) Rules, 1964.

subordinates maintain absolute integrity    1.7 Rule 3-B – It directs a Government
and devotion to duty as per Rule 3(2).      servant to act in accordance with the
                                            Government policies as regards age of
1.4      Conduct unbecoming of a            marriage, preservation of environment,
Government servant        - Government      protection of wild life & cultural
expects that the conduct of its employees   heritage and also to observe policies on
should conform to the ordinary norms of     prevention of crime against women.
decency and morality prevailing in the
society and one should not violate the      1.8 Rule 3-C – Prohibition of sexual
laws of the land. Government can also       harassment of working women : It
demand a certain standard of conduct        directs a Government servant not to
from its employees even in their private    indulge in sexual harassment of working
life, not connected with their official     women. Sexual harassment has been
duties. “Conduct unbecoming of a            defined in the section to include –
Government servant” is left to the
discretion of the Government. The test          (i)     physical       contact     and
should be objective and not subjective.                  advances;
A Government servant should not bring           (ii)    demanding sexual favours;
discredit to the service. Action can also       (iii)   passing sexually coloured
be taken for the ‘past misconduct’                       remarks;          (iv)showing
committed by the Government servant.                     pornography; or
Action can be taken for not vacating the        (v)     any        other unwelcome
Govt. accommodation and misutilising                     physical, verbal or non-verbal
the advance taken from Government or                     conduct of a sexual nature.
not refunding in time. Even habitual
private indebtness will amount to           Gist of some important related
conduct unbecoming of a Government          Government of India’s orders below
servant.                                    Rule 3

1.5      Moral turpitude – It means a       1.    In view of the importance of
conduct against the justice, honesty,       maintaining a high standard of integrity
modesty or good morals which a man          by Government servants, no officer who
owes to fellowman or to society in          does not have a reputation for honesty
general. Moral turpitude depends on the     should be placed in a position where
circumstances in each case.        Since    there is considerable scope for
gunman employed in the Bank was             discretion.
found in possession of illicit liquor, it
does affect the character and involves a    [G.I., M.H.A., O.M. No. 41/2/55 (II)-Ests. (A),
moral turpitude.                            dated 23rd April, 1955.]
1.6 Rule 3-A – It requires a Government     2.    Government servants to observe
servant to perform his official dealings    due courtesies and regard in their
promptly and act in a courteous             dealings with MPs/MLAs.
manner while performing them.
                                            [G.I., Dept. of Per. & Trg., O.M. No.
                                            11013/10/88 )-Ests. (A), dated 23rd June, 1988.]

Note 4.1 & 4.2                                                                         368
Indian Audit and Accounts Department
Courseware on Common Administrative Issues, Reservation Rosters, Vigilance and
Disciplinary Proceedings
Session 4.1 and 4.2: The Central Civil Services (Conduct) Rules, 1964.

                                                   lunch hour and playing cards in the open
3.    Participation       in proselytizing         to be discouraged.
activities or the direct or indirect use of
official position and influence in such            [G.I., M.H.A., D.O. No. 15/45/67 SSO, dated
activities by a Government servant may             11th August, 1967.]
be treated as good and sufficient reason
for taking disciplinary action against him         8. Posters/notices can be displayed by
under the CCS(CCA) Rules, 1965.                    the recognised associations on notice
                                                   boards in the office premises with the
[G.I., M.H.A., O.M. No. 25/50/57 (II)-Ests. (A),   permission of the competent authority at
dated 15th January, 1958.]                         the places specified for this purpose.
                                                   This facility so provided to recognised
4. Neglect by a Government servant of              associations/unions does not confer on
his wife and family may be regarded as a           individual Government servants or their
good and sufficient reason to justify              associations/unions any right to display
action against him under Rule 11 of the            posters/notices on the walls, doors,
CCS(CCA) Rules, 1965.                              windows, etc. of the office premises.
                                                   Government servants who affix or
[G.I., M.H.A., O.M. No. 25/16/59 (II)-Ests. (A),   display posters/notices or are responsible
dated 1st September, 1959.]                        for the display of such notices in
                                                   violation of these instructions would be
5.    A Government servant who is                  rendering     themselves      liable    to
found guilty of the practice of                    appropriate action.
untouchability in any form will be
considered unfit for public service and            9. Failure to obtain permission from
disciplinary action will be taken against          competent authority before leaving
him.                                               station/headquarters (while applying for,
                                                   or on leave) is to be viewed seriously
[G.I., M.H.A., O.M. No. F70/17/61 (II)-Ests.
(A), dated 8th December, 1961.]
                                                   and may entail disciplinary action.

                                                   [DOPT O.M.. No. 11013/7/94-Estt.(A) dated
6. If any compliant is received against            18.05.1994]
any Government servant that he has
acted in a discourteous manner or                  2. Employment of near relatives of
adopted dilatory tactics in his dealings           Government servants in companies or
with the public and if it is established           firms [Rule 4]
that he has so acted, deterrent a prompt
action should be taken against him.                2.1 This rule requires that no
                                                   Government servant shall use his official
[G.I., M.H.A., O.M. No. 14/9/66(II)-Ests. (A),
dated 3rd August, 1961.]
                                                   position or influence to secure
                                                   employment from any firm or company.
7. Government servants to observe                  A Group A officer shall not permit his
proper decorum during the lunch-break;             son or daughter to accept any
playing games beyond the prescribed                employment in any company with which
                                                   he     has official   dealings.      The

Note 4.1 & 4.2                                                                             369
Indian Audit and Accounts Department
Courseware on Common Administrative Issues, Reservation Rosters, Vigilance and
Disciplinary Proceedings
Session 4.1 and 4.2: The Central Civil Services (Conduct) Rules, 1964.

employment      may      be    accepted             (i)     No Government servant shall
provisionally subject to the permission                     be a member, or be otherwise
of the government.                                          associated with, any political
                                                            party or any organisation
2.2 Further, he shall not sign or deal                      which takes part in politics
with any contract with a firm in which                      nor shall he take part in,
his son or daughter is working.                             subscribed in aid of, or assists
Government servants, except Group D                         in any other manner, any
employees, shall furnish information, on                    political    movement         or
the first appointment, stating the                          activity.
occupation of their close relations
employed in public undertaking or                   (ii)    It shall also be the duty of
private firms. ‘Close relations’ for this                   every Government servant to
purpose will include parents, spouse,                       prevent the members of his
children,    brothers      and      sisters.                family from taking part in,
Suppression of this information would                       subscribing in aid of, or
render him liable for disciplinary action.                  assisting in any other manner
                                                            any movement or activity
GOI decision below Rule 4                                   tending directly or indirectly,
                                                            subversive        or       the
1. All employees (except Group ‘D’)                         Government as by law
under the Government of India on first                      established.
employment should furnish information
in respect of their close relations (father,        (iii)   If any question arises whether
mother, wife/husband, sons/daughters/                       a party is a political party or
brothers/ sisters - resident and non-                       whether any organisation
resident) in the prescribed pro forma.                      takes part in politics or
Suppression of information in this pro                      whether any movement is
forma is a major departmental offence                       subversive of Government as
for which the punishment may extend to                      by law established, the
dismissal from service. The pro forma is                    decision of the Government
to be kept in the ACR dossier of the                        shall be final.
employee concerned.                                 (iv)    No Government servant shall
                                                            canvass or otherwise interfere
[G.I., M.H.A., O.M. No. F.3/12/(S)/64-Ests.(B)              with, or uses influence in
dated 12.10.1965]
                                                            connection with or take part
                                                            in an election.
3.    Taking part         in    politics and
elections [Rule 5]
                                                 Note: The display by a Government
                                                 servant on his person, vehicle or
3.1 The CCS(Conduct) Rules lay down
                                                 residence of any electoral symbol shall
                                                 amount to using his influence.

Note 4.1 & 4.2                                                                          370
Indian Audit and Accounts Department
Courseware on Common Administrative Issues, Reservation Rosters, Vigilance and
Disciplinary Proceedings
Session 4.1 and 4.2: The Central Civil Services (Conduct) Rules, 1964.

Gist of some related decisions of GOI            organisation where there is the slightest
under Rule 5                                     reason to think that the organisation has
                                                 a political aspect.
1. It is the duty of the Government
servant who wishes to join, or take part         [M.H.A. O.M.     No.   6/6/69-Ests.(B)   dated
in      the     activities   of     any
association/organisation to satisfy him
                                                 5. No previous sanction of the
that its aims and activities are not of
                                                 Government is required for a
such nature as are likely to be
                                                 Government servant to undertake
objectionable under Rule 5. The
                                                 honorary work of a social /charitable
responsibility for the consequences of
                                                 nature but he should discontinue taking
his decision rests squarely on his
                                                 part in such activities, if so directed by
shoulders and a plea of ignorance or
                                                 the Government. Prior permission is
misconception would not be tenable.
                                                 essential only if the Government servant
 [M.H.A., O.M. No. 25/44/49-Ests.(A) dated
                                                 seeks to hold an elective office. Further,
17.09.1949]                                      while Government servants are free to
                                                 profess and practice any religion in their
2. Attendance at meetings organised by           private lives, they should so conduct
a political party would always be                themselves in public as to leave no room
contrary to Rule 5 unless the meeting (i)        for any impression that they do not
is a public meeting; (ii) it is not held         subscribe to the secular philosophy of
contrary to any prohibitory order or             the State. Some of the organisations and
without permission; (iii) the Government         movements claiming to aim at social and
servant    does not speak or take a              religious reforms may have some
prominent part in the meeting.                   attributes of sectarian or communal
                                                 nature. The responsibility for the
[G.I., C.S. (Dept. of Per.), O.M. No. 25/4/73-   consequences of the decision to join any
Ests. (A), 17-2-1973]                            organisation and participating in its
                                                 activities will rest with the employee
3. Government servants desirous of               himself. A Government servant who
joining foreign language classes                 wishes to join any organisation or
conducted by Indo-Foreign cultural               association should therefore, satisfy
organisations should obtain prior                himself that its activities and objectives
permission from competent authority.             are not of such a nature to attract action
[M.H.A., O.M. No. 25/40/65-Ests.(A) dated
                                                 under any of the provision of the
18.05.1966]                                      Conduct Rules.
                                                 [DOPT O.M.. No. 11013/5/88-Estt.(A) dated
4.    It is essential that Government
                                                 4. Joining of associations                  by
servants should not only maintain
                                                 Government servants [Rule 6]
political neutrality but should also
appear to do so. They should not
                                                 4.1 This rule stipulates that no
participate in the activities of, or
                                                 Government servant shall join, or
associate    themselves    with   any
                                                 continue to be a member of, an

Note 4.1 & 4.2                                                                            371
Indian Audit and Accounts Department
Courseware on Common Administrative Issues, Reservation Rosters, Vigilance and
Disciplinary Proceedings
Session 4.1 and 4.2: The Central Civil Services (Conduct) Rules, 1964.

association the objects and or activities      GOI decisions below Rule 7
of which are prejudicial to the interests
of the sovereignty and integrity of India      1. “Strikes” – Interpretation of what
or public order or morality.                   constitutes a strike under the conduct
                                               Rules. ‘Strike’ means refusal to work or
GOI decision below Rule 6                      stoppage or slowing down of work by a
                                               group of employees acting in
1. Action for alleged violation of Rule 6      combination, and includes –
can be taken by a disciplinary authority
only when an authority not below the              (i)     mass absentation from work
level of the Head of Department has                       without permission (which is
decided that the objects or activities of                 wrongly described as “mass
the Association concerned are such as                     casual leave”);
would attract Rule 6 ibid.
                                                  (ii)    refusal    to work overtime
[M.H.A., Deptt. Of Personnel & A.R. No.                   where such overtime work is
11013/2/77-Estt.(A) dated 07.06.1978]                     necessary in the public
5.   Demonstrations and strikes by
Government servants [Rule 7]                      (iii)   resort to practices or conduct
                                                          which is likely to result in, or
5.1 Rule 7 of the Conduct Rules lays                      results in the cessation or
down that no Government servant shall                     substantial retardation of
                                                          work in any organisation.
    (i)     engage himself or participate                 Such practices would include,
            in any demonstration which                    what are called ‘go-slow’,
            is prejudicial to the interests               ‘sit-down’, ‘pen-down’ stay-
            of the sovereignty and                        in’, sympathetic” or any other
            integrity of India, the security              similar strike; as also absence
            of the State, friendly relation               from work for participation in
            with foreign states, public                   a Bandh or any similar
            order, decency or morality or                 movements.
            which involves contempt of
            court,      defamation        or   2. Government servants who resort to
            incitement to an offence, or       action of the above kind violate rule 7 of
                                               the Central Civil Services (Conduct)
    (ii)    resort to or in any way abet       Rules, 1964 and disciplinary action can
            any form of strike or coercion     be taken against them. It may be noted
            or physical       duress    in     that the list of activities which are
            connection with any matter         covered under the definition of strike as
            pertaining to his service or       enumerated above is only illustrative and
            the service of any other           not exhaustive.
            Government servant.

Note 4.1 & 4.2                                                                        372
Indian Audit and Accounts Department
Courseware on Common Administrative Issues, Reservation Rosters, Vigilance and
Disciplinary Proceedings
Session 4.1 and 4.2: The Central Civil Services (Conduct) Rules, 1964.

[M.H.A., O.M. No. 25/23/66-Ests.(A), dated           be served in pursuance of
09.12.1966]                                          such disciplinary action, it
                                                     should be specified to the
3. Participation in “Gherao” by Central              extent that the facts justify,
Government servants – Instances have                 that            demonstrations
come to the notice of Government in                  prejudicial to public order
which employees of certain Central                   and      involving    criminal
Government offices staged which is                   offences, namely, wrongful
called “Gherao”, involving forcible                  restraint,           wrongful
confinement of public servants within                confinement,          criminal
office premises by surrounding their                 trespass and incitement to
places of duty and have held                         such offences, have been held
demonstrations/ meetings both within                 that such conduct was
office premises during office hours and              subversive of discipline and
also outside the office premises beyond              harmful to the public interest;
office hours, tending to forcible                    and that the conduct was
confinement of public servants within                wholly unbecoming of a
office           premises.           Such            Government servant.
demonstrations/activities are prejudicial
to public order and also involve criminal    (ii)    Absence from work on
trespass or incitement to commit                     account of participation in
offences. They are also subversive or                ‘Gherao’, should in all cases
discipline and harmful to the public                 be treated as unauthorised
interest, and participation in them by               absence involving break in
Government servants and would                        service. The absence should
constitute good and sufficient reason                not be regularised as leave of
within the meaning of Rule 11 of the                 any kind.
Central Civil Services (Classification,
Control and Appeal) Rules, 1965. It has,     (iii)   Whenever there is a case of
therefore, been decided that a serious               ‘Gherao’, wrongful restraint,
view should be taken of such acts of                 wrongful confinement or
lawlessness and insubordination on the               criminal trespass or of any
part of public servants. The Central                 other cognizable offence, a
Government Departments are advised to                written report should be made
take action on the following lines in such           to the Officer-in-charge of
cases                                                the Police Station having
                                                     jurisdiction, requesting him
   (i)    Disciplinary action should be              to register the offence and to
          taken against the prominent                take action under the law.
          participants in the ‘Gherao’               The names of the offenders
          for contravention of Rules 3               should be included in the
          and 7 of the Central Civil                 written report. Copies of the
          Services (Conduct) Rules,                  report should be endorsed to
          1964. In the charge-sheet to               the Police Commissioner/

Note 4.1 & 4.2                                                                  373
Indian Audit and Accounts Department
Courseware on Common Administrative Issues, Reservation Rosters, Vigilance and
Disciplinary Proceedings
Session 4.1 and 4.2: The Central Civil Services (Conduct) Rules, 1964.

           Superintendent of Police and       6.2 A Government servant publishing
           the Home Secretary to the          a book or participating in a public media
           State Government concerned         is required to make it clear that the views
           for     necessary      action      expressed by him are his own and not
           according to law.                  that of the Government.

   (iv)    If,    notwithstanding     the     GOI decision below Rule 8
           mandatory provisions of the
           Criminal Procedure Code,           1. Participation in A.I.R. programmes
           Police takes no action on          and receiving of honorarium thereof –
           such a report, action should       permission not necessary.
           be taken promptly to file a
           complaint       before     the     7.   Criticism of Government [Rule 9]
           appropriate Magistrate in
           respect of the substantive         7.1 Rule 9 of the Conduct Rules
           offences under the Indian          stipulates that no Government servant
           Penal Code or other law. In        shall, in any radio broadcast, telecast
           certain    circumstances     a     through any electronic media or in any
           petition could be filed before     document published in his own name or
           the High Court for issue of        anonymously, pseudonymously or in the
           appropriate writ, but this         name of any other person or in any
           should be done after taking        communication to the press or in any
           legal advice.                      public utterance, make any statement of
                                              fact on opinion –
[G.I. M.H.A., O.M. No. 25/S.11/67-Ests.(A),
dated the 13th April, 1967]                        (i)     which has the effect of an
                                                           adverse criticism of any
6.   Connection with Press or other                        current or recent policy on
media [Rule 8]                                             action of the Central or State
6.1    No Government servant, except
with the previous sanction of the                  (ii)    which       is capable of
Government, is permitted to own wholly                     embarrassing the relation
or in part or conduct or participate in the                between     the     Central
editing or management of, any                              Government      and      the
newspaper       or    other     periodical                 Government of any State;
publications or electronic media. This
however, will not apply in case of                 (iii)   which     is   capable    of
Government servant who in the bona                         embarrassing the relations
fide discharges of his official duties,                    between      the     Central
publishes a book or participates in a                      Government       and    the
public media.                                              Government of any foreign

Note 4.1 & 4.2                                                                       374
Indian Audit and Accounts Department
Courseware on Common Administrative Issues, Reservation Rosters, Vigilance and
Disciplinary Proceedings
Session 4.1 and 4.2: The Central Civil Services (Conduct) Rules, 1964.

GOI instructions below Rule 9                        the Government, he shall not criticise the
                                                     policy or any action of the Central
1. Instances have come to notice of                  Government or of a State Government.
Service Associations of Government
employees-                                           GOI instructions below Rule 10

    (i)     Passing resolutions/ making              1.    The above will not apply to
             statements and/or expressing            Government servants who appear before
             opinion on issues which                 the Pay Commission on behalf of service
             involve violation by the                associations, provided they are so
             individual employee of the              authorised by the associations. There is
             Rule 9 of the Conduct Rules.            also no objection to individual
             In such cases, disciplinary             Government      servants     submitting
             action to be initiated by               Memoranda etc. to the Pay Commission,
             calling for explanation from            in their individual capacity, provided
             those individuals who are               that individual grievances are not pt
             signatories or parties to the           before the Commission.
             resolutions if they are serving
             Government employees.                   [G.I, D.P.& A.R., O.M. No. 11013/16/83-
                                                     Estt.(A) dated 16.11.1983]
[M.H.A., O.M.       No. 25/5/68-Ests.(A) dated
17.01.1968.]                                         9. Unauthorised communication of
                                                     information [Rule 11]
2.    It is reiterated that signatories or
parties to resolutions, etc., passed by              9.1 No Government        servant shall,
service associations/unions/federations              except in accordance with any general or
which violate against the provisions of              special order of the Government or in
Rule 9 would render themselves liable to             the performance in good faith of the
disciplinary action.                                 duties assigned to him; communicate
                                                     directly or indirectly, any official
[G.I., Cabinet Secretariat, Dept. of Personnel No.   document or any part thereof or
25/4/72-Ests.(A) dated 18.02.1972]
                                                     information to any Government servant
                                                     or any other person to whom he is not
8.    Evidence before Committee or
                                                     authorised to communicate such
any other authority [Rule 10]
                                                     document or information.
8.1 No Government         servant     is
                                                     Explanation:       Quotation      by      a
permitted, except with the previous
                                                     Government        servant      (in      his
sanction of the Government, to give
                                                     representation to the Head of
evidence in connection with any inquiry
                                                     Office/Head of Department/President) of
conducted by any person, committee or
                                                     or    from     any     letter,    circular,
                                                     memorandum and notes from files which
                                                     he is not authorised to have access/keep
8.2 Where a Government servant
                                                     in his personal custody will amount to
gives evidence with previous sanction of

Note 4.1 & 4.2                                                                              375
Indian Audit and Accounts Department
Courseware on Common Administrative Issues, Reservation Rosters, Vigilance and
Disciplinary Proceedings
Session 4.1 and 4.2: The Central Civil Services (Conduct) Rules, 1964.

unauthorised     communication      of
information within the meaning of Rule        [G.I., M.H.A., O.M. No. 24/50/55-Ests. dated
11.                                           10.08.1955]

Gist of some related GOI instructions         2.    The     members          of a service
below Rule 11                                 association      can      freely    collect
                                              subscription among themselves for
1. It is not necessary to disclose the        welfare activities of the association. So
identity of the superior officer who made     long as their appeal is confined to the
adverse remarks in the annual                 members, no permission need be sought.
confidential report of a Government           If any approach is made to the public,
servant. If, however, in a particular case,   directly or indirectly, such permission is
it is considered necessary to disclose the    necessary.
identity of the superior officer, the
authority dealing with the representation     Exceptions:-
may at his discretion allow the identity      (i) Flag day collections exempted
to be communicated.                           [G.I., M.H.A., Memo No. 25/33/55-Ests. dated
2. It is the duty of all Government
servants to safeguard the security of all     (ii) Central Government servants
classified information to which they          allowed to participate in the fund raising
have access in the course of their official   efforts of the national Foundation for
duties.                                       Communal Harmony on a voluntary
10.    Subscriptions [Rule 12]
                                              [G.I., DOPT, O.M. No. 11013/9/95-Estt.(A)
10.1 No Government servant shall              dated 02.11.1995]
except with the previous sanction of the
Government or of the prescribed               11.     Gifts [Rule 13]
authority, ask for or accept contributions
to, or otherwise associate himself with       11.1 Except as provided in the Conduct
the raising of any funds or other             Rules, no Government servant shall
collections in cash or in kind in             accept, or permit any member of his
pursuance of any object whatsoever.           family or any other person acting on his
                                              behalf to accept, any gift.
Gist of some related GOI decisions
1. Government servants should not                (i)   “Gift” includes free transport,
sponsor the raising of funds from the                   boarding, lodging or other
public for any purpose whatsoever. Mere                 service    or    any     other
payment of a subscription to some                       pecuniary advantage when
charitable or benevolent fund would not,                provided by any person other
by itself, amount to the participation in               than a near relative or
the raising of such fund.                               personal friend having no

Note 4.1 & 4.2                                                                        376
Indian Audit and Accounts Department
Courseware on Common Administrative Issues, Reservation Rosters, Vigilance and
Disciplinary Proceedings
Session 4.1 and 4.2: The Central Civil Services (Conduct) Rules, 1964.

           official dealings with the
           Government servant.                        (v)     In   any     other    case, a
                                                             Government servant shall not
   (ii)    A casual meal, lift or other                      accept any gift without the
           social hospitality shall not be                   sanction of the Government if
           deemed to be a gift.                              the value thereof exceeds –

   (iii)   A Government servant shall                        (a) Rs. 1,000 Government
           avoid      accepting      lavish                      servants holding any
           hospitality      or    frequent                       Group “A” or Group “B”
           hospitality       from        any                     post; and
           individual,     industrial     or                 (b) Rs. 250 - holding any
           commercial                 firms,                     Group “C” or Group “D”
           organisations, etc., having                           post.
           official dealings with him.
                                                12.     Dowry [Rule 13A]
   (iv)    On      occasions        such as
           weddings,         anniversaries,     12.1 As regards dowry, the Conduct
           funerals      or        religious    Rules lay down that no Government
           functions,                  when     servant shall-
           giving/receiving gifts is in
           conformity         with        the         (i)    give or take or abet the giving
           prevailing     religious      and                 or taking of dowry;
           social practice, a Government
           servant may accept gifts from              (ii)   demand directly or indirectly,
           his near relatives or from his                    from the parent or guardian
           personal friends having no                        of a bride or a bridegroom, as
           official dealings with him,                       the case may be, any dowry.
           but shall make a report to the
           Government, if the value of          12.2 Up till 1961, dowry was regarded
           such gift exceeds –                  as a customary gift which the
                                                Government servant could accept
           (a) Rs. 5,000 - Government           without prior sanction. As per the
               servant   holding  any           section dowry is no longer treated as a
               Group ‘A’ post;                  customary gift in the context of the
           (b) Rs 3,000 - Government            provisions of the Dowry Prohibition Act,
               servant   holding  any           1961.
               Group ‘B’ post;
           (c) Rs. 1,000 - Government           GOI decision below Rule 13-A
               servant   holding  any
               Group ‘C’ post and               1. Any violation of the provision of
           (d) Rs. 500 - Government             Dowry Prohibition Act, 1961 by a
               servant   holding  any           Government servant will constitute a
               Group ‘D’ post.                  good and sufficient reason for institution

Note 4.1 & 4.2                                                                          377
Indian Audit and Accounts Department
Courseware on Common Administrative Issues, Reservation Rosters, Vigilance and
Disciplinary Proceedings
Session 4.1 and 4.2: The Central Civil Services (Conduct) Rules, 1964.

of disciplinary proceedings against him
in addition to such legal action as may           [G.I., DOPT., O.M. No. 11013/2/99-Estt.(A)
                                                  dated 17.02.2000.]
be taken against him in accordance with
the provisions of the Act.                        14.    Private trade or employment
                                                  [Rule 15]
[G.I., M.H.A., O.M. No. 25/37/65-Ests.(A) dated
                                                  14.1 No Government servant shall,
13.   Public   Demonstrations    in               except with the previous sanction of the
honour of Government servants [Rule               Government -
                                                     (i)     engage directly or indirectly
13.1 No Government servant shall,                            in any trade or business;
except with the previous sanction of the
Government, receive any complimentary                (ii)    negotiate for, or undertake,
or valedictory address or accept any                         any other employment;
testimonial or attend in a meeting or
entertainment held in his honour; or in              (iii)   hold an elective office, or
the honour of any other Government                           canvass for a candidate or
servant. However, this will not apply to -                   candidates for an elective
                                                             office, in any body, whether
    (i)     a farewell entertainment of a                    incorporated or not;
            substantially private and                (iv)    canvass in support of any
            informal character held in                       business of insurance agency,
            honour of a Government                           commission agency, etc.,
            servant     or   any    other                    owned or managed by any
            Government servant on the                        member of his family;
            occasion of his retirement or
            transfer of any person who               (v)      take        part except in the
            has recently quitted the                          discharge of his official
            service of any Government;                        duties, in the registration,
                                                              promotion or management of
    (ii)    the acceptance of simple and                      any bank or other company
             inexpensive    entertainment                     registered or required to be
             arranged by public bodies or                     registered,      under      the
             institutions.                                    Companies Act, 1956 or any
                                                              other law for the time in force
                                                              or of any co-operative society
GOI clarification below Rule 14                               for commercial purposes;
                                                     (vi)     participate in or associate
1. Government servants should not be                          himself in any manner in the
allowed to accept awards or monetary                          making of -
benefits     instituted by   private                         (a) a sponsored media (radio
trusts/foundations etc.                                           or television programme);

Note 4.1 & 4.2                                                                           378
Indian Audit and Accounts Department
Courseware on Common Administrative Issues, Reservation Rosters, Vigilance and
Disciplinary Proceedings
Session 4.1 and 4.2: The Central Civil Services (Conduct) Rules, 1964.

           (b) a     media programme                       registered under the Co-
               commissioned      by    a                   operative Societies Act, 1912
               Government media but                        /or any other law in force;
               produced by a private
               agency;                         Provided that –
           (c) a      privately produced
               media          programme            (i)    he shall discontinue taking
               including video magazine.                  part in such activities, if so
                                                          directed by the Government;
14.2 A Government servant may,                            and
without the previous sanction of the
Government undertake -                             (ii)    his official duties shall not
                                                           suffer thereby and he shall,
   (i)     honorary work of a social or                    within a period of one month
           charitable nature;                              of his taking part in such
                                                           activity, report to the
   (ii)    occasional work of a literary,                  Government giving details of
           artistic or scientific character;               the      nature    of     his
   (iii)   participate in sports activities
           as an amateur;                      14.3 Every Government servant shall
                                               report to the Government if any member
   (iv)    take part in the registration,      of his family is engaged in a trade or
           promotion or management             business or owns or manages in
           (not involving the holding of       insurance agency or commission agency.
           an elective office) of a
           literary,    scientific      or     14.4 Unless otherwise provided by
           charitable society or of a club     general or special orders of the
           or similar organisation, the        Government, no Government servant
           aims or objects of which            may accept any fee for any work done
           relate to promotion of sports,      by him for any private or public body or
           cultural    or     recreational     any private person without the sanction
           activities, registered under        of the prescribed authority.
           the Societies Registration
           Act, 1860 or any other law in       GOI decisions below Rule 15
                                               1. Permission to participate in the AIR
   (v)     take part in the registration,      programmes and to receive honorarium
           promotion or management             there from – Permission not required if
           (not involving the holding of       the broadcasts are purely literary, artistic
           elective office) of a co-           or scientific character and in such cases,
           operative             society       permission is also not necessary for
           substantially for the benefit       Government       servants    to     receive
           of Government servants,             honorarium. In cases where permission

Note 4.1 & 4.2                                                                         379
Indian Audit and Accounts Department
Courseware on Common Administrative Issues, Reservation Rosters, Vigilance and
Disciplinary Proceedings
Session 4.1 and 4.2: The Central Civil Services (Conduct) Rules, 1964.

to broadcast is necessary, such                  1. Where a Government servant has
permission, if given, should be taken to         been found guilty of letting out/sub-
carry with it also the sanction to receive       letting         the         Governmental
the honorarium.                                  accommodation allotted to him/her, the
                                                 disciplinary authority must take suitable
[G.I., M.H.A. O.M. No. 25/32/56-Ests.(A) dated   departmental disciplinary action under
                                                 the disciplinary rules for imposition of a
                                                 suitable penalty on grounds of
2. Acceptance of part-time employment
                                                 unbecoming conduct involving violation
of Examiner-ship of examination papers
                                                 of Rule 3(1) (iii) of the Conduct Rules.
set by recognised Universities – Since
offers of Examiner-ship are generally of         [G.I., DOPT., O.M. No. 11013/14/85-Estt.(A)
a casual nature, occurring once or twice         dated 06.03.1986 and DOPT. O.M. No.
a year, there is no objection to giving          11012/2/97-Estt.(A) dated 31.12.1997.]
permission in such cases.
                                                 16.   Investments,         lending      and
[G.I., M.H.A., O.M. No. 25/5/56-Ests.(A) dated   borrowing [Rule 16]
06.09.1957 .]
                                                 16.1      No Government servant shall -
3. Acceptance of part-time employment
of Government servants after office                 (i)        speculate in any stock, share
hours ordinarily not to be allowed.                            or other investments. This
                                                               shall not apply to occasional
[G.I., M.H.A., O.M. No. 25/42/58-Ests. (A),
dated 16.10.1958.]
                                                               investments made through
                                                               stock brokers and the like.
15.   Sub-letting and vacation of                              Frequent purchase or sale or
Government accommodation [Rule 15-                             both, of shares, securities or
A]                                                             other investments shall be
                                                               deemed to be speculation;
15.1 No Government servant can sub-
let, lease or otherwise allow occupation            (ii)       make, or permit any member
by any other person of Government                              of his family or any person
accommodation which has been allotted                          acting on his behalf to make,
to him.                                                        any investment which is
                                                               likely to embarrass or
15.2 A Government servant shall, after                         influence    him     in   the
the cancellation of his allotment of                           discharge of his official
Government accommodation vacate the                            duties;
same within the time-limit prescribed by
the allotting authority.                            (iii)     either himself or through any
                                                               member of his family or any
GOI decision below Rule 15-A                                   other person acting on his
                                                               behalf –

Note 4.1 & 4.2                                                                           380
Indian Audit and Accounts Department
Courseware on Common Administrative Issues, Reservation Rosters, Vigilance and
Disciplinary Proceedings
Session 4.1 and 4.2: The Central Civil Services (Conduct) Rules, 1964.

            (a) Lend or borrow or deposit         17.    Insolvency    and          habitual
                money, as a principal or          indebtedness [Rule 17]
                an agent, to, or from or
                with, any person or firm          17.1 A Government servant shall
                or     private    limited         manage his private affairs by avoiding
                company.                          habitual indebtedness or insolvency. If
                                                  any legal proceeding is instituted for
            (b) Lend money         to any         recovery of any debt due from him or for
                person at interest or in a        adjudging him as an insolvent, he shall
                manner whereby return in          forthwith report the full facts of the legal
                money or in kind is               proceedings to the Government.
                charged or paid.
                                                  18.    Movable,    immovable           and
GOI decisions below Rule 16                       valuable Property [Rule 18]

1. Instances have come to notice of the           18.1    Every Government servant is
Government where certain Government               required on his first appointment to any
servants have entered into transactions           service or post submit a return (format of
regarding          moveable/immoveable            returns prescribed vide Cabinet Sectt,
property without the previous sanction            DOP OM No. 25/7/65-Ests(A) dated
of the prescribed authority and they have         08.01.1973)of his assets and liabilities
afterwards sought ex-post-facto sanction.         giving full particulars of–
Such a procedure renders the provision
of the rules completely ineffective and              (i)     the      immovable property
defeats the purpose for which the rules                       inherited by him, or owned or
have been framed. Government servants                         acquired by him or held by
concerned should, therefore, adhere to                        him on lease or mortgage,
the provisions of the rules strictly and                      either in his own name or in
obtain the sanction of the prescribed                         the name of any member of
authority, wherever necessary, before                         his family or in the name of
entering into such transactions.                              any other person.

[G.I., M.H.A., O.M.      No. 25/25/61/Estt.(A)       (ii)    shares, debentures and cash
dated 26.06.1961.]                                           including bank deposits
                                                             inherited by him or similarly
2. All officers should be advised not to                     owned acquired or held by
approach their subordinates for standing                     him.
surety for loans taken from private
sources either by them or by their                   (iii)   other      movable property
relatives or friends.                                        inherited by him or similarly
[G.I., M.H.A., O.M. No. 25/25/61/Estt.(A) dated
                                                             owned, acquired or held by
26.06.1961.]                                                 him and

Note 4.1 & 4.2                                                                           381
Indian Audit and Accounts Department
Courseware on Common Administrative Issues, Reservation Rosters, Vigilance and
Disciplinary Proceedings
Session 4.1 and 4.2: The Central Civil Services (Conduct) Rules, 1964.

   (iv)     debts and other liabilities                 (a) for the acquisition, by
           incurred by him directly or                      purchase,       mortgage,
           indirectly.                                      lease, gift or otherwise,
                                                            either in his own name or
18.2 No Government servant shall                            in the name of any
accept without the previous knowledge                       member of his family,
of the prescribed authority acquire or                      any immovable property;
dispose off any immovable property by                   (b) for the disposal of, by
lease, mortgage, purchase, sale, gift or                    sale, mortgage, gift or
otherwise either in his own name or in                      otherwise, or the grant of
the name of any member of his family.                       any lease in respect of
                                                            any immovable property
19.    Restrictions in relation to                          which was acquired or is
acquisition and disposal of immovable                       held by him either in his
property outside India and transactions                     own name or in the name
with foreigners, etc. [Rule 18A]                            of any member of his
19.1 No Government servant shall,
except with previous sanction of the         20.    Vindication  of    acts    and
prescribed authority –                       character of Government servant [Rule
   (i)     acquire, by         purchase,
           mortgage, lease, gift or          20.1 No Government servant shall,
           otherwise, either in his own      except with the previous sanction of the
           name or in the name of any        Government, have recourse to any Court
           member of his family, any         or to the Press for the vindication of any
           immovable property situated       official act which has been the subject-
           outside India;                    matter of adverse criticism or an attack
                                             of a defamatory character.
   (ii)    dispose of, by sale, mortgage,
           gift or otherwise or grant any    Provided that
           lease in respect of any
           immovable property situated          (i)     if no such sanction is received
           outside India which was                       by the Government servant
           acquired or is held by him                    within a period of three
           either in his own name or in                  months from the date of
           the name of any member of                     receipt of his request by the
           his family;                                   Government, he shall be free
                                                         to assume that the permission
   (iii)   enter into any transaction with               as sought for has been
           any      foreigner,     foreign               granted to him.
           Government,             foreign
           organisation or concern,-         20.2  Nothing in this rule shall be
                                             deemed to prohibit a Government

Note 4.1 & 4.2                                                                     382
Indian Audit and Accounts Department
Courseware on Common Administrative Issues, Reservation Rosters, Vigilance and
Disciplinary Proceedings
Session 4.1 and 4.2: The Central Civil Services (Conduct) Rules, 1964.

servant from vindicating his private                   redress before they take the
character or any act done by him in his                issue to a court of law.
private capacity and where any action
for vindicating his private character or       (ii)   Where, however, permission to
any act done by him in private capacity                sue Government in a court of
is taken, the Government servant shall                 law for the redress of such
submit a report to the prescribed                      grievances is asked for by
authority regarding such action.                       any Government servant
                                                       either before exhausting the
GOI decisions below Rule 19                            normal official channels of
                                                       redress or after exhausting
1. Conviction of Government servants –                 them, he may be informed
requirement regarding intimation to                    that such permission is not
departmental superiors. It shall be the                necessary.
duty of a Government servant who may
be convicted in a criminal court, to        21.    Canvassing of non-official or
inform his official superiors of the fact   other outside influence [Rule 20]
of his conviction and the circumstances
connected therewith, as soon as it is       21.1 No Government servant shall
possible for him to do so. Failure on the   bring or attempt to bring any political or
part of any Government servant so to        other outside influence to bear upon any
inform his official superiors will be       superior authority to further his interests
regarded as suppression of material         in respect of matters pertaining to his
information and will render him liable to   service under Government.
disciplinary action on this ground alone,
apart from the penalty called for on the    GOI decisions below Rule 20
basis of the offence on which his
conviction was based.                       1. Representation of service matters by
                                            relatives should be discouraged –No
2. Government servants seeking redress      notice should be taken of a
in Courts of Law of their grievances        representation on service matters
arising out of their employment or          submitted by a relative of a Government
conditions of service – instructions        servant. The only exception may be
thereof:                                    cases in which because of the death or
                                            physical disability, etc. of the
   (i)    Government servants seeking       Government servant, it is impossible for
          redress of their grievances       the Government servant himself to
          arising     out    of    their    submit a representation.
          employment or conditions of       [G.I., M.H.A., O.M. No. F25/21/63-Ests.(A),
          service should, in their own      dated 19.09.1963.]
          interest and also consistently
          with official propriety and       2. Prohibition on bringing any political
          discipline, first exhaust the     or outside influence in respect of matters
          normal official channels of       pertaining to service under the

Note 4.1 & 4.2                                                                     383
Indian Audit and Accounts Department
Courseware on Common Administrative Issues, Reservation Rosters, Vigilance and
Disciplinary Proceedings
Session 4.1 and 4.2: The Central Civil Services (Conduct) Rules, 1964.

Government -              Rule 20 of          the CCS(Conduct) Rules, 1964 – Rule
CCS(Conduct) Rules, 1964 provides             20 of the CCS(Conduct) Rules, 1964
that no Government servant shall bring        provides that no Government servant
or attempt to bring any political or other    shall bring or attempt to bring any
outside influence to bear upon any            political or other outside influence to
superior authority to further his interest    bear upon any superior authority to
in respect of matters pertaining to his       further his/her service under the
service     under     the    Government.      Government. The Government of India
Instructions have been issued from time       has, from time to time, emphasized that
to time bringing to the notice of all         Government servant should not approach
Government servants the aforesaid rule        Members of Parliament or State
provisions. Instances have come to            Legislatures or other political/outside
notice where individual Government            authorities to sponsor their cases in
servant have approached the Ministry of       respect of service matters. As per OM
Urban Development (Directorate of             No.       11013/7/85-Estt.(A),    dated
Estate) for out of turn allotment of          22.05.1985, the following action should
residential accommodation, or for a           be taken against Government servant
departure from the allotment rules            approaching Members of Parliament or
through Members of Parliament,                State Legislatures for sponsoring
prominent persons, politicians etc. Since     individual cases.
the     allotment      of     Government
accommodation to a Government servant         4. A Government employee violating
is made only because of his service           the aforesaid provisions of the Conduct
under the Government, such canvassing         Rules for the first time should be advised
for out of turn allotment through MPs         by the appropriate disciplinary authority,
and other political persons etc.              to desist from approaching Members of
constitutes a violation of the provisions     Parliament/      Members       of    State
of Rule 20 of the CCS(Conduct) Rules,         Legislature to further his/her interest in
1964. The Government servants are,            respect of matters pertaining to his/her
therefore, advised to refrain from such       service conditions. A copy of this advice
practice. They should not bring or            need not, however, be placed in the CR
attempt to bring any political or other       dossier of the employee concerned.
out side influence to further their
interests in respect of matters pertaining    5. If a Government employee is found
to their service under the Government,        guilty of violating the aforesaid
including allotment of residential            provisions of the Conduct Rules a
accommodation.                                second time despite the issue of advice
[G.I., DOPT., O.M. No. 11013/6/90-Estt.(A),   on the earlier occasion, a written
dated 30.03.1990.]                            warning should be issued to him/her by
3. Procedure for dealing with the             the appropriate disciplinary authority
Government servants attempting to             and a copy thereof should be placed in
further their service interests through       his/her CR dossier.
non-Governmental               influence-
instructions with reference to rule 20 of

Note 4.1 & 4.2                                                                      384
Indian Audit and Accounts Department
Courseware on Common Administrative Issues, Reservation Rosters, Vigilance and
Disciplinary Proceedings
Session 4.1 and 4.2: The Central Civil Services (Conduct) Rules, 1964.

6. If a Government employee is found              (iii)    In cases in which a public
guilty of violating the aforesaid                         representatives sponsors the
provisions of the Conduct Rules, despite                  cause of an individual
the issue of warning to him/her,                          Government servant (e.g.
disciplinary action should be initiated                   recruitment,       appointment,
against him/her by the appropriate                        promotion,        posting      to
disciplinary    authority  under     the                  particular               station,
provision of CCS(CCA) Rules, 1965.                        appointment to a specific
                                                          position, complaints against
7. In spite of the above instructions,                    super session, expunction of
cases of individual Government servants                   adverse remarks, allotment of
continue to be sponsored by public                        Government accommodation,
representatives/outside authorities. After                etc.) a formal reply should
careful consideration of all aspects of the               continue to be sent from the
matter it has been decided that the                       Minister acknowledging the
following procedure may be adopted for                    receipt of the communication
dealing with communications from                          stating that the contents of
public representatives/outside authorities                the letter have been noted and
relating to the service matters of                        where necessary, suggesting
Government employees:                                     that the person whose case
                                                          has been recommended, may
   (i)     Communications       received                  be advised to represent his
           from public representatives                    case through proper official
           regarding    problems       of                 channels.         All        such
           groups/categories           of                 communications addressed to
           Government       functionaries                 the Minister shall be replied
           must be entertained and dealt                  to at, his/her level. In all such
           with on a time-bound basis.                    cases the formal reply given
           In all such cases, after due                   by the Minister shall be
           examination,       appropriate                 deemed to dispose of the
           replies would continue to be                   communication unless there
           issued at the level of the                     are further directions from
           Minister concerned.                            the Minister in the matter.

   (ii)    All communications         from    [G.I., DOPT., O.M. No. 11013/12/94-Estt.(A),
                                              dated 12.01.1995.]
           public           representatives
           relating to the grievances of
                                              8. Canvassing of non-official or other
           the retired personnel should
                                              outside influence by Government
           receive         the        same
                                              servants - Bringing or attempting to
           consideration and be dealt
                                              bring any political or other outside
           with in the same way as
                                              influence by a Government servant to
           outlined in (i) above.
                                              bear upon any superior authority to
                                              further his interest in respect of service

Note 4.1 & 4.2                                                                        385
Indian Audit and Accounts Department
Courseware on Common Administrative Issues, Reservation Rosters, Vigilance and
Disciplinary Proceedings
Session 4.1 and 4.2: The Central Civil Services (Conduct) Rules, 1964.

matters pertaining to his service under        employees at clerical levels address
the Government is prohibited under the         multiple representations to the Minister,
prohibited under the provisions of the         Prime Minister and other functionaries.
Conduct Rules. Detailed procedure for          Apart from individual representations,
dealing with the Government servants           the service unions have also developed a
attempting to further their service            tendency to write to the Ministers and
interests through non-Governmental             Prime Minister on individual grievances.
influence has been prescribed in DOPT’s        Some of these representations are often
OM No. 11013/12/94-Estt.(A) dated              forwarded     through     Members       of
12.01.1995.                                    Parliament, in violation of Rule 20 of the
                                               CCS(Conduct) Rules, 1964.
9. In spite of these instructions, certain
Government servants are still bringing to      11. Existing instructions clearly provide
bear outside influence indirectly to           that representations on service matters
further their service interests. It is         should be forwarded through proper
clarified that bringing of indirect            channel. The stage at which an advance
influence by Government servant would          copy of the representation may be sent to
also attract the provisions of rule 20 of      higher authorities has also been
the CCS(Conduct) Rules, 1964.                  indicated. In MHA OM No. 25/34/68-
                                               Estt.(A), dated 20.12.1968, time limits
[G.I., DOPT., O.M. No. 11013/11/97-Estt.(A),   for disposal of various types of
dated 06.11.1997.]                             representation have been prescribed. If it
                                               is anticipated that an appeal or petition
10. Representation from Government             cannot be disposed of within a month of
servants on service matters -It has been       its submission, an acknowledgement or
envisaged in the Ministry of Home              interim reply should be sent to the
Affairs OM No. 118/52-Ests. Dated 30th         individual within a month.
April 1952, that whenever, in any matter
connected with his service rights or           12. Thus adequate instructions are
conditions, a Government servant wishes        available in the matter of submission of
to press a claim or to seek redress of a       representations by the Government
grievance, the proper course for him is to     servants and treatment of the
address his immediate official superior,       representations by the authorities
or the Head of his office, or such other       concerned. As such submission of
authority at the lowest level as he is         representations directly to higher
competent to deal with the matter.             authorities by-passing the prescribed
Despite this, it is observed that there has    channel of communication, has to be
been a tendency on the part of officers at     viewed seriously and appropriate
different levels to by-pass the prescribed     disciplinary action should be taken
channels of representation and write           against those who violate these
directly to the high functionaries totally     instructions as it can rightly be treated as
ignoring the prescribed channels. The          an unbecoming conduct attracting the
problem is more acute in large                 provisions of Rule 3(1) (iii) of the
Departments where often very junior            CCS(Conduct) Rules, 1964.

Note 4.1 & 4.2                                                                        386
Indian Audit and Accounts Department
Courseware on Common Administrative Issues, Reservation Rosters, Vigilance and
Disciplinary Proceedings
Session 4.1 and 4.2: The Central Civil Services (Conduct) Rules, 1964.

                                              permission is received, is whether such
[G.I., DOPT., O.M. No. 11013/7/99-Estt.(A),   marriage is permissible under the
dated 01.11.1999.]                            personal law applicable to the applicant.
                                              If so, the question arises whether there
22. Restriction regarding marriage            are sufficient grounds for allowing an
[Rule 21]                                     exception to Government’s general
                                              policy. The alleged grounds given in
22.1 No Government servant shall enter        support of the request should be
into, or contract, a marriage with a          scrutinized to see whether the allegations
person having a spouse living.                are true and well-founded. In case the
22.2 No Government servant having a           wife also joins the applicant, it should be
spouse living, shall enter into or            ascertained whether she has willingly
contract, a marriage with any person,         consented and whether any letter etc.,
                                              purporting to proceed from her is
Provided that                                 genuine and is the outcome of her own
                                              free will. For this purpose, higher
1. Central Government may permit a            officers in the department concerned
Government servant to enter into, or          may, if necessary send for the applicant
contract any such marriage as referred        and his wife and make personal
above, if it is satisfied that                inquiries. Where the first wife’s views
                                              have not been stated, they should, if
   (i)     such marriage is permissible       possible, be ascertained. If permission is
           under the personal law             sought on grounds of alleged sickness of
           applicable      to     such        the wife, as much information as
           Government servant and the         possible should be obtained in
           other party to the marriage;       consultation      with     the      medical
           and                                authorities. The arrangements made by
                                              the husband for the maintenance of the
   (ii)    there are other grounds for so     first wife should also be ascertained and
           doing.                             it should be examined whether they are
22.3 A Government servant who has
married or marries a person other than of     [G.I., M.H.A., O.M. No. 219/51-Ests. dated
Indian nationality is required to             16.02.1955.]
forthwith intimate the fact to the
Government.                                   2. Inclusion of a provision in all rules
                                              of recruitment to the effect that the
GOI decisions below Rule 21                   restrictions against bigamy will apply to
                                              female Government servants also. The
1. Procedure for dealing with requests        Central Civil Services (Conduct) Rules,
from      Government    servants      for     1955 have now been amended by
permission to remarry while first wife is     incorporating therein the following
still living - The first point to be          further provision as Rule 18 (2) (now
scrutinized when an application for           Rule 21) :-

Note 4.1 & 4.2                                                                       387
Indian Audit and Accounts Department
Courseware on Common Administrative Issues, Reservation Rosters, Vigilance and
Disciplinary Proceedings
Session 4.1 and 4.2: The Central Civil Services (Conduct) Rules, 1964.

    (i)    “No female Government shall          23. Consumption of intoxicating drinks
            marry any person who has a          and drugs [Rule 22]
            wife living without first
            obtaining the permission of         23.1 A Government servant shall –
                                                   (i)     strictly     abide by any law
    (ii)    The above principle should                     relating to intoxicating drinks
            govern the recruitment and                     or drugs in force in any area
            conditions of service of                       in which he may happened to
            central Government servants.                   be for the time being;
            Accordingly, a provision to
            the effect that no female              (ii)    not be under the influence of
            candidate who has married a                    any intoxicating drink or drug
            person having already a wife                   during the course of his duty
            living, will be eligible for                   and shall also take due cane
            recruitment to a service or                    that the performance of his
            post unless Government                         duties at any time is not
            specially exempt such a                        affected in any way by the
            candidate from the operation                   influence of such drinks or
            of this provision, may be                      drugs;
            added by the Ministries etc.,
            in rules or orders relating to         (iii)   refrain from consuming any
            recruitment to services and                    intoxicating drinks on drugs
            posts with which they are                      in a public place;
                                                   (iv)    not appear in a public place in
[G.I., M.H.A. O.M. No. 25/5/55-Ests., dated                a state of intoxication;
                                                   (v)     not use any intoxicating drink
3. Form of declaration to be obtained                      or drug to excess.
from new entrants regarding their having
one or more than one wife - MHA OM              GOI decisions below Rule 22
No. 219-51-Ests., dated the 16th
October, 1954 prescribed that candidates        1. The following questions have been
for employment should be asked to               raised by some Ministries/Departments:-
indicate whether they had more than one
wife living and that, if it transpired that a      (i)     whether the      definition of
declaration in the negative given by a                     public place should include a
Government servant was incorrect, he                       club meant exclusively for
would be liable to be dismissed from                       the members where it is
service.                                                   permissible for members to
                                                           invite    non-members       as
[G.I., M.H.A., O.M. No. 25/52/57-Ests.(A),
dated 02.01.1958.]
                                                           guests, and

Note 4.1 & 4.2                                                                        388
Indian Audit and Accounts Department
Courseware on Common Administrative Issues, Reservation Rosters, Vigilance and
Disciplinary Proceedings
Session 4.1 and 4.2: The Central Civil Services (Conduct) Rules, 1964.

                                                  1. Where the Central Government is
      (ii)      whether a hotel would be a        satisfied that the operation of any rule
                public place or not for the       regulating the conditions of service of
                purpose of the said rule.         Union Government servants, or any class
                                                  of such Government servants, causes
2. The position in regard to the above            undue hardship in any particular case, it
two points is clarified as under :-               may, by order, dispense with or relax the
                                                  requirements of that rule to such extent
      (i)       the    club of the nature         and subject to such conditions as it may
                mentioned above would be a        consider necessary, for dealing with the
                public place not only for the     case in a just and equitable manner.
                non-member guests but also        [G.I., M.H.A. Notification NO 108/54-Ests (A)
                for members who may be            dated the 20th November 1954.]
                Government servants.
                                                  26. Delegation of Powers [Rule 24]
      (ii)      Drinking in the lodging room
                in a hotel will not attract the   26.1 The Government may delegate,
                provisions of Rule 22 but         any of the powers exercisable under
                drinking at the bar or            these rules, to any officer or authority as
                restaurant where the public is    specified in the order in this context.
                permitted would attract the
                aforesaid rule.                   27. Repeal and Savings [Rule 25] –
[G.I., D.P.& A.R. Letter No. 11013/16/74-         Provides for repeal and saving of rules in
Estt.(A), dated 30th October, 1976.]              existence before these Conduct Rules.

24.     Prohibition         regarding
employment of children below 14 years             D. ACTS                CONSTITUTING
of age [22A]                                      MISCONDUCT

24.1 No Government servant shall                  1.        The word ‘misconduct’ though
employ to work any child below the age            not capable of precise definition, its
of 14 years.                                      reflections receive its connotations from
                                                  the context, the delinquency in its
25.         Interpretation [Rule 23]              performance and its effect on the
                                                  discipline and the nature of duty. It may
25.1 If any question arises relating to           involve moral turpitude; it must be
the interpretation of the CCS(Conduct)            improper or wrong behaviour, unlawful
Rules 1964, it shall be referred to               behaviour, wilful in character; forbidden
Government whose decision thereon                 act, a transgression of established and
shall be final.                                   definite rule of action or code of conduct
                                                  but not mere error of judgement,
GOI decision below Rule 23                        carelessness      or     negligence     in
                                                  performance of the duty; the act
                                                  complained of bears forbidden quality or

Note 4.1 & 4.2                                                                            389
Indian Audit and Accounts Department
Courseware on Common Administrative Issues, Reservation Rosters, Vigilance and
Disciplinary Proceedings
Session 4.1 and 4.2: The Central Civil Services (Conduct) Rules, 1964.

character. Its ambit has to be construed      fraud indulged into by the Government
with reference to the subject-matter and      servant.
the context wherein the term occurs,
regard being had to the scope of the          1.10 Strike, picketing, ‘gherao’ inciting
statute and the public purpose it seeks to    others to strike work.
serve. On the above lines
                                              1.11 Riotous and disorderly behaviour
If the act or conduct is                      during office hours.

1.1 Prejudicial or likely to be prejudicial   1.12 Habitual late attendance.
to the interests of the master or to the
reputation of the master.                     1.13 Habitual neglect of work.

1.2 Such that the master cannot rely on       1.14 Habitual       absence      without
the faithfulness of his employee.             permission and overstaying of leave.

1.3 Inconsistent or incompatible with         1.15 Conviction by criminal court.
the due or peaceful discharge of his duty
to his master.                                can be defined as misconduct.

1.4 Makes it unsafe for the employer to       For the exhaustive list of misconduct,
retain him in service.                        reference may be made to “Notes on
                                              CCS(Conduct) Rule 1964” published by
1.5 Grossly immoral that all reasonable       the G.O.I., M.H.A., D.P. & A.R., Third
men will say that the employee cannot         edition.
be trusted. OR

If the Government servant is                  SUMMARY

1.6 Abusive or if he disturbs the peace            It is said that the service security,
of the place of his employment.               safety, reputation and honour of the
                                              Government servants are in their own
1.7 Habitually negligent in respect of        hands. A faithful and honest compliance
the duties for which he is engaged.           with the Conduct Rules and yet,
                                              unhesitant but dynamic discharge of
ALSO INCLUDES                                 duties, are the hall mark of efficient
                                              Government servants. It is expected that
1.8    Wilful     insubordination      or     the participants will observe the Rules of
disobedience, whether alone or in             Conduct while performing their duties in
combination with others, to any lawful        office and as a civil citizen.
and reasonable order of a superior.
1.9 Infidelity,            unfaithfulness,
dishonesty, untrustworthiness, theft and

Note 4.1 & 4.2                                                                      390
Indian Audit and Accounts Department
Courseware on Common Administrative Issues, Reservation Rosters, Vigilance and
Disciplinary Proceedings
Session 4.1 and 4.2: The Central Civil Services (Conduct) Rules, 1964.

Note 4.1 & 4.2                                                            391

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