CHAPTER III

 

CONDUCT & DISCIPLINE

 

3.1          Conduct and Discipline Rules- The Rajya Sabha Secretariat (Recruitment and Conditions of Service) Rules, 1957 (the 1957 Rules) framed by the President after consultation with the Chairman, Rajya Sabha in the exercise of the powers conferred by clause (3) of Article 98 of the Constitution of India, regulates the recruitment and the conditions of service of persons appointed to the Secretarial staff of the Rajya Sabha. Part-IV of the said Rules consists of provisions pertaining to ‘Control and Discipline’. The relevant Rules briefly stated are as follows:

 

(a)               Rule 13:Control-All officers shall be subject to the superintendence and control of the Hon’ble Chairman.

(b)              Rule 14:Penalties-Specifies the following types of penalties that may be imposed on an officer for good and sufficient reasons.

 

Minor Penalties:-

(i)                               censure;

(ii)                             withholding of increments or promotion;

(iii)                            recovery from pay the whole or part of any pecuniary loss caused to the Union by negligence or breach of orders;

Major Penalties:-

(iv)                           reduction in rank including reduction to a lower post or time-scale, or to a lower stage in a time-scale;

(v)                             compulsory retirement;

(vi)                           removal from service in the Secretariat which shall not be a disqualification for future employment;

(vii)                          dismissal from service in the Secretariat which shall ordinarily be a disqualification for future employment.

 

(c)           Rule 15:                Disciplinary Authorities- empowers the Hon’ble Chairman to impose any of the penalties specified in Rule 14 on any officer. Under the proviso to Rule 15, the power to impose such penalties on any officer other than an officer of Class I status has been delegated to the Secretary-General.

(d)           Rule 16:                Procedure for imposing major penalties-lays down the procedure to be followed before imposing any of the penalties specified in clauses (iv) to (vii) of Rule 14 on an officer.

(e)           Rule 17:                Procedure for imposing minor penalties- lays down the procedure to be followed before imposing any of the penalties specified in clauses (I) to (iii) of Rule 14 on an officer.

(f)                  Rule 18:                Special procedure in certain cases- empowers the Disciplinary Authority to dispense with the procedures prescribed in either Rule 16 or 17 in cases:

 

a)             where the penalty is imposed on an officer on the ground of conduct which has led to his conviction on a criminal charge;

b)            where for reasons to be recorded in writing it is not reasonably practicable to follow the procedure prescribed in the said rules; or

c)             where the President  is satisfied that in the interest of the security of the State it is not expedient to follow such procedure.

(g)           Rule 19:                Suspension pending disciplinary proceedings-empowers the Disciplinary Authority, who initiates any disciplinary proceedings to place the officer, against whom such proceedings are started, under suspension, if he is satisfied that it is necessary or desirable to do so.

 

Part V of the 1957 Rules regarding  "Appeal and Review” consists of 8 Rules under the following heads:

 

Rule 22-                  Right to Appeal

Rule 23-                  Form and Contents of Appeal

Rule 24-                  Submission of Appeals

Rule 25-                  Withholding of Appeals

Rule 26-                  Transmission of Appeals

Rule 27-                  Consideration of Appeals

Rule 28-                  Implementation of Orders in Appeal

Rule 29-                  Review. 

 

3.2            Application of CCS Rules-

 

Rule 10 of the 1957 Rules states that in respect of all other matters regulating the conditions of service of officers for which no provision or insufficient provision has been made in these rules, officers shall be governed by such rules as are applicable to the officers holding corresponding posts in the Central Secretariat, subject to such modifications, variations or exceptions, if any, in such rules, as the Chairman may, after consultation with the Ministry of Finance, from time to time, by order specify.

 

Rule 30 of the 1957 Rules regarding Conduct of Officers further states that “subject to the provisions of these rules, every officer shall be governed by such rules of conduct, discipline and control as the Chairman may, from time to time, by general or special order specify.” However no order governing the conduct and discipline of officers of the Secretariat has been issued so far. In the absence of specific orders in this regard, the Fundamental Rules, CCS Rules, CCS (CCA) Rules, and other Rules framed for Government servants are applicable to the secretarial staff of Rajya Sabha. The following important provisions applicable to Government Servants are accordingly mentioned for reference and guidance.

 

3.3          Fundamental Rules-

 

1)                   Fundamental Rule 11 provides that unless in any case it be otherwise distinctly provided, the whole time of a Government servant is at the disposal of the Government which pays him and he may be employed in any manner required by proper authority without claim for additional remuneration.

2)                   Proviso under Fundamental Rule 17(1) provides that an officer who is absent from duty without any authority shall not be entitled to any pay and allowances during the period of such absence. Further, Fundamental Rule 17-A provides that a period of unauthorised absence.              

               

(i)                   in the case of employees working in individual establishments, during a strike which has been declared illegal under the provisions of industrial Disputes Act,1947,or any other law for the time being  in force;

(ii)                 in the case of other employees as a result of acting in combination or in concerted manner, such as during a strike without any authority from, or valid reason to the satisfaction of, the competent authority; and

(iii)                in the case of an individual employee, remaining absent unauthorisedly or deserting the post;

 

shall be deemed to cause an interruption or break in service of the employee, unless otherwise decided by the competent authority for the purpose of leave travel concession, quasi-permanency and eligibility for appearing in departmental examinations for which a minimum period of continuous service is required.

 

3.4          C.C.S. (Conduct) Rules-The Central Civil Services (Conduct) Rules, 1964 impose various restrictions on the rights conferred by Article 19(1)of the Constitution in so far as the Government servants are concerned. Important provisions of the Central Civil Services (Conduct) Rules, 1964 which impose such reasonable restrictions are as given below for guidance:

 

1)             Rule 3 provides that every Govt. servant shall at all times-

a)                   maintain absolute integrity;

b)                  maintain devotion to duty; and

c)                   do nothing which is unbecoming of a Government Servant.

 

Rule 3(2) provides that every Govt. servant holding a supervisory post is required to take all possible steps to ensure the integrity and devotion to duty of all Government servants under his control and authority. This rule also requires that no Government servant shall in the performance of his official duties or in the exercise of powers conferred on him, act otherwise than in his best judgement except when he is acting under the directions of his official superior and further that a Govt. servant receiving the oral directions from his official superior shall seek confirmation of the same in writing as early as possible. At the same time, a Govt. servant will not evade his responsibility by seeking instructions from, or approval of, a superior officer or authority when such instructions are not necessary under the scheme of distribution of powers and responsibilities.

 

2)             Rule 4 provides that no Govt. servant shall use his position or influence directly or indirectly to secure employment for any member of his family in any company or firm.  This rule also provides that no Govt. servant shall in the discharge of his official duties deal with any matter or give or sanction any contract to any company or firm or any other person if any member of his family is employed in that company or firm or under that person or if he or any other member of his family is interested in such matter or contract in any other manner. The Govt. servant shall refer every such matter to the official superior.

 

3)             Under Rule 5, a Govt. servant shall neither be a member of, nor be otherwise associated with any political organisation or any organisation which takes part in politics nor take part in, subscribe in aid of, or assist in any manner any political movement or activity. Further this Rule also provides that no Govt. servant shall canvass or otherwise interfere with, or use his influence in connection with or take part in, an election to any legislature or local authority.

 

Publication of an appeal or statement by any Govt. servant in the newspapers supporting or opposing any political party or individual candidate in election to the Legislature or local authority is a violation of provisions of Rule 5 and the Govt. servant becomes liable for disciplinary action.

 

4)             Rule 6 forbids Govt. servants from joining, or continuing to be a member of, an association the object or activities of which are prejudicial to the interest of the sovereignty and integrity of India, or public order or morality;

 

5)             Rule 7 provides that no Govt. servant shall engage himself or participate in any demonstration which is prejudicial to the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or which involved contempt of court, defamation or incitement to an offence. Further no Govt. servant can resort to or in any way abet any form of strike or coercion or physical duress in connection with any matter pertaining to his service or the service of any other Govt. servant. As per explanation below F.R. 17-A,”Strike” includes a general, token, sympathetic or any similar strike and also participation in a Bandh or in similar activities. Accordingly, the right to form associations/unions as contained in the Constitution does not empower Govt. servants to resort to strike or to other activities, which are forbidden by the Conduct Rules.

6)             Rule 9 provides that no Govt. servant shall in any radio broadcast or in any document published in his own name or anonymously, pseudonymously or in the name of any other person or in any communication to the press or in any public utterance, make any statement of fact or opinion.

 

i)         which  has the effect of adverse criticism of any current or recent policy or action   of the Central/State Govt.; or

ii)      which is capable of embarrassing the relations between the Central and the State Govt.

 

7)                   Under Rule 10, even in cases where Govt. sanction for giving evidence is given, a Govt. servant while giving evidence shall not criticize the policy or any action of the Govt.;

 

8)             Rule 11 prohibits a Govt. servant from communicating directly or indirectly any official document or information to any Govt. servant or other person to whom he is not authorised to communicate such document or information. Quotation in his representation from any letter, office memorandum or notes on files to which he does not have access or which he is not required to keep in his personal custody or for personal use amounts to unauthorised communication of information;

 

9)             Rule 13 places restrictions on acceptance of gifts by the Government servant himself and on his permitting any member of his family to accept gifts, except gifts on specified occasions and that too upto the monetary value prescribed in the Rule. Likewise Rule 13-A provides that no Govt. servant shall give or take or abet the giving or taking of dowry directly or indirectly from the parents or guardians of the bride or bridegroom;

 

10)           Under Rule 15, no Govt. servant shall, except with the previous sanction of the Govt. and excepting works of social or charitable nature or literary, artistic or amateur nature, engage directly or indirectly in any trade or business or negotiate for or undertake any other employment; or take part in registration, promotion or management of any bank or other company or Co-operative Society. Canvassing by a Govt. servant in support of the business of insurance agency, commission agency etc. owned or managed by his wife or any other member of his family is deemed to be a breach of this Rule. Further, this Rule also provides that a Govt. servant should report to the Govt. if any member of his family is engaged in a trade or business or owns or manages an insurance agency or Commission agency;

 

11)                Rule 16 places restrictions on investment, lending and borrowing by a Govt. servant or permitting any member of his family in making investments which are likely to embarrass or influence him in the discharge of his official duties;

 

12)           Rule 18 and 18-A require submission of return of assets and liabilities on first appointment and return of movable and immovable and valuable property at such intervals as may be prescribed by the Government. The procedure for acquiring movable and immovable property during the service period is also prescribed in these rules;

 

13)           Rule 20 forbids a Government servant from bringing or attempting to bring any political or other outside influence to bear upon any superior authority to further his interests in respect of matters pertaining to his service under the Government;

 

It is clarified that bringing political or other pressure even for matters relating to transfers attracts provisions of this Rule.

 

14)           Rule 21 requires that no Government servant shall, having a spouse living, enter into a second marriage or enter into a marriage with a person having a spouse living. The Govt.may permit a Government servant to enter into any such marriage if it is satisfied that such marriage is admissible under the personal law applicable to the Government servant and the other party to the marriage and there are adequate grounds for such marriage. Any Government servant marrying a person other than of Indian nationality shall forthwith intimate this fact to the Government.

 

15)           Rule 22 places restrictions on the consumption of drinks and drugs and provides that Government servant shall:-

a)                strictly abide by any law relating to intoxicating drinks or drugs in force in any area in which he may happen to be for the time being;

b)                not be under the influence of any intoxicating drink or drug during the course of his duty and shall also take due care that the performance of his duties at any time is not affected in any way by the influence of such drink or drug;

c)                refrain from consuming any intoxicating drink or drug in a public place;

d)                not appear in a public place in a state of intoxication; and

e)                not use any intoxicating drink or drug in excess.

 

3.5          Misconduct- Under the Government of India’s decisions on the provisions of Central Civil Services (Conduct) Rules, 1964, the following acts may amount to misconduct-

 

i)                If the act or conduct is prejudicial or likely to be prejudicial to the interests of the employer or to the reputation of the employer;

ii)               If the act or conduct is inconsistent or incompatible with the due or peaceful discharge of his duty to his employer;

iii)              If the act or conduct of a employee makes it unsafe for the employer to retain him in service;

iv)             If the act or conduct of the employee is so grossly immoral that all reasonable men will say that the employee cannot be trusted;

v)              If the act or conduct of the employee is such that the employer cannot rely on the faithfulness of his employee;

vi)             If the act or conduct of the employee is such as to open before him temptations for not discharging his duties properly;

vii)            If the employee is abusive or if he disturbs the peace at the place of his employment;

viii)           If he is insulting and insubordinate to such a degree as to be incompatible with the continuance of the relation of employer and employee;

ix)              If the employee is habitually negligent in respect of the duties for which he is engaged;

x)                       If the neglect of the employee though isolated, tends to cause serious consequences.

               

3.6            Acts and Omissions Amounting to Misconduct- The following acts and omissions (not to be taken to be an exhaustive list) have been generally held to amount to misconduct:-

 

i)              Wilful insubordination or disobedience, whether alone or in combination with others, to any lawful and reasonable order of a superior.

ii)             Infidelity, unfaithfulness, dishonesty, untrustworthiness, theft and fraud, or dishonesty in connection with the employer’s business or property.

iii)         Strike, picketing, gherao-Striking work or inciting others to strike work in contravention of the provisions of any law, or rule having the force of law.

iv)           Habitual late attendance.

v)            Habitual absence without permission and over-staying leave.

vi)           Conviction by a criminal court.

 

3.7            Serious Misconduct meriting major penalty-The procedures for initiating disciplinary action against a Government servant for misconduct are provided under the Central Civil Services (Classification, Control & Appeal) Rules, 1965. These rules correspond to the rules mentioned in Part IV and V of the 1957 rules. The Government of India’s instructions under Rule 14 of the CCS (CCA) Rules states that the nature of the disciplinary action and quantum of punishment has to commensurate with the gravity of the offence committed. The following types of cases have been indicated as those which may merit imposing one of the major penalties-

i)              Cases in which there is a reasonable ground to believe that a penal offence has been committed by a Government servant but the evidence forthcoming is not sufficient for prosecution in a Court of Law, e.g.,-

a)                   possession of disproportionate assets;

b)                   obtaining or attempting to obtain illegal gratification;

c)                   misappropriation of Government property, money or stores;

d)           obtaining or attempting to obtain any valuable thing or pecuniary     advantage without consideration or for a consideration which is not adequate;

 

ii)             Falsification of Government records

iii)            Gross irregularity or negligence in the discharge of official duties with a   dishonest motive

iv)           Misuse of official position or power for personal gain

v)            Disclosure of secret or confidential information even though it did not fall strictly within the scope of the Official Secrets Act

vi)           False claims on the Government-like T. A. claims, reimbursement claims etc.

 

3.8          Procedure in Disciplinary Cases- The breach of code of conduct and discipline or any errant behaviour by an official of the Secretariat is to be reported to the Personnel Section, by the Officer in charge of the Section/Unit (through the Deputy Secretary/Director), in case of Section staff and by the appropriate superior officer in other cases. In cases where the gravity of the offence does not demand immediate disciplinary action, the concerned officer of the level of Under Secretary may, after calling for written explanation in the matter, issue a written warning to the individual, in the first instance, if felt desirable. Only in the event of repetition of the lapse/misconduct by the same individual, the matter may be referred to the Personnel Section alongwith the earlier/connected papers for suitable action. Similarly, when an official proceeds on leave without prior permission, the concerned officer of the level of Under Secretary should in the first instance, recall the person concerned on duty immediately and in the event of non-compliance of such directions, the matter may be referred to Personnel Section for suitable action. All such reports will be in writing, giving specific details of the misconduct, the names of witnesses or documentary evidence etc. On receipt of such information in the Personnel Section, any additional material that may be required for processing the case is sought from the concerned officer/section before the case is submitted to the Deputy Secretary/Director (Admn) along with proposal for action. (The Section concerned is required to submit the necessary information without delay. Failure to do so will be dealt with seriously). The nature of disciplinary action against the official would depend on the gravity of offence. After examining all the materials available in case it is felt that the matter is not serious enough to justify the imposition of some formal punishment, but calls for some informal action such as the communication of a written warning, admonition or reprimand, action is taken accordingly under orders of the appropriate authority.

 

Where the alleged act by an official amounting to misconduct warrants some formal punishment by way of imposition of either a minor or major penalty, the procedures as stipulated in the Rajya Sabha Secretariat (Recruitment and Conditions of Service) Rules, 1957 read with CCS (CCA) Rules are followed.

 

The following table indicates the various stages, channels/levels of decision making and time schedule in the procedure followed for the imposition of minor/major penalties:-

 

     

         

 

                The following are the Disciplinary Authorities in respect of various categories of officials:-

(i)            Group A                                 Chairman

(ii)           Group B,C,D                          Secretary-General

 

3.9          Expeditious Disposal of Cases of Suspension etc.-As per instructions issued from time to time, under CCS Rules, (applicable mutatis mutandis in the case of Rajya Sabha Secretariat) generally suspension should only be resorted to in the following circumstances:-

 

i)         where a disciplinary proceeding against a Government servant is contemplated or is pending;

ii)     where in the opinion of the competent authority a Government servant has engaged himself in activities prejudicial to the interest of the security of the State;

iii)    where a case against a Government servant in respect of any criminal offence is under investigation, inquiry or trial.

 

An order of suspension should not be made in a perfunctory or in a routine and casual manner without proper regard to the guiding principles and where no public interest is likely to be served. Suspension should not be resorted to for petty offences unrelated to morality or official duties. Whenever a Government servant continues to remain absent from duty or overstays leave without permission and his movements are not known, he should not be mechanically placed under suspension, as this would entail payment of subsistence allowance, as against treating the period of absence as dies non. But when an official who is under suspension disappears and cannot be contacted at his last known address, the suspension order should be lifted and proceedings initiated for his removal in absentia.

 

While public interest is to be the guiding factor in deciding to place a Government servant under suspension, the competent authority should take all factors into account and exercise his discretion with due care while taking such action even when the matter is under investigation and before a prima facie case is established. The following circumstances may be considered appropriate to place a Government servant under suspension:-

 

i)                     where his continuance in office will prejudice investigation, trial or any inquiry (e.g., apprehended tampering with witnesses or documents);

ii)                   where his continuance in office is likely to seriously subvert discipline in the office in which he is working;

iii)                  where his continuance in office will be against the wider public interest, e.g., if there is a public scandal and it is considered necessary to place the Government servant under suspension to demonstrate the policy of the Government to deal with officers involved in such scandals, particularly corruption;

iv)                 where a preliminary inquiry revealed a prima facie case justifying criminal or departmental proceedings, which is likely to lead to his conviction and/or dismissal, removal or compulsory retirement from service; and

v)                   where he is suspected to have engaged himself in activities prejudicial to the interest of the security of the State.

 

Certain types of misdemeanour where suspension may be desirable in the circumstances mentioned above are indicated below:

 

i)                     an offence or conduct involving moral turpitude;

ii)                   corruption, embezzlement or misappropriation of Government money, possession of disproportionate assets, misuse of official powers for personal gain;

iii)                  serious negligence and dereliction of duty resulting in considerable loss to Government;

iv)                 desertion of duty; and

v)                   refusal or deliberate failure to carry out written orders of superior officers.

 

A Government servant is, however, deemed to have been placed under suspension from the date of his detention if detained in custody for a period exceeding forty eight hours or from the date of conviction if sentenced to a term exceeding forty eight hours. The Government have decided that disciplinary cases of Government Officers/officials should be finally decided within a period of six months from the date the officer/official was placed under suspension.

 

3.10        Official and Confidential documents-

 

3.10.1     Official information is confidential-Official information acquired by the staff in their capacity as employees must be considered and treated as strictly confidential. No member of staff, except in so far as may be necessary in the discharge of his official duties, may take a spare copy of any writing on any official document which comes before him in his official capacity, or to which he is allowed to have access.

 

3.10.2     Use of unpublished documents: No member of the staff may make use of any unpublished record or letter for communication to the press, or to unauthorised persons, whether official or not.

 

3.10.3     Treatment of Office Record: Office notes must be considered to be strictly confidential documents, and must not be removed from the office or be used by anyone outside the office on any pretext whatsoever. If any dealing hand of a Branch/Section wants to take any file or files home for study, the Branch/Section-in-charge can allow him to do so if circumstances justify the need, but he should keep a note of the file so removed from the office and should ensure that it is brought back to the office by the dealing hand on the following morning in a complete form. The office files taken home by the dealing hand should be carefully guarded by him and not shown to anyone.

 

3.10.4     Movement of Confidential and Secret Cases: In their passage from the office to officers and vice versa, confidential and secret papers should either be passed direct from hand to hand, or be submitted and returned under sealed cover.  It should be ensured that

 

i)                     when a case is sent in a closed cover, the date on which it is sent and the diary number of the case should be inserted on the cover or on the label.

ii)                   The officer who sends out the file or papers in a sealed cover should write his initials or signatures on the slip in such a way that part of the signatures or initials is on the portion of the slip attached to the flap of the envelope and the rest on the remaining portion of the slip. This will enable detection of efforts to open or tamper with the cover.

iii)                  Where confidential papers have to be sent to officers at their residences, they should invariably be sent in a sealed cover. The peon taking the cover to the officers residence should be instructed to obtain the signature  (with date and time) of the Officer to whom the papers are addressed if he is present, and if not, he may obtain the signature (with date and time) of any person of the household in token of having received them.

 

3.10.5     Confidential reference to Outside Offices: When it is required to consult another department in connection with a confidential case, only the papers that are absolutely necessary for the purpose of the reference should be sent with the file, and a list of the papers so sent should be kept on the retained portion.

 

3.10.6     Treatment of Covers marked 'Secret' or 'Confidential: Covers received, which are marked with the word 'Secret' or 'Confidential' should be sent unopened to the officer to whom they are addressed by his personal staff. Covers marked with the word 'Secret 'or 'Confidential' only, and without the name or designation of any Officer on either the inner or outer cover, should be submitted un-opened to the Head of office/Department. Papers received from the Government of India or State Governments and marked 'Top Secret' will be dealt with by the Officer concerned and will remain in his custody after disposal; on no account must such papers be allowed to be seen by an official lower in status than that of a Section-in-charge.

 

3.10.7     ‘Secret’ and ‘Confidential’ references from Government: Secret and confidential information supplied by Ministries of the Government of India in response to notices of Questions etc. or in connection with matter before Parliamentary Committees must be generally treated as such, subject to specific orders with regard circulation or transmission of the information to any party.

 

3.11            Handing over Charge on Transfer- Officials on their transfer from one Section or Office to another cannot just leave the Section or Office and join in the new Section or new office of posting. They are required to first properly hand over the pending receipts, all registers and files in their custody or under their charge besides preparing a list of important and time bound papers/matters so that the records remain in proper custody at all times and no important and time bound case remains unattended or delayed.

 

With the above end in view the following procedure is required to be observed when an official is transferred to or out of a Section:-

 

i)                     The official transferred out of the Section/Cell or from an Office will prepare three lists, consisting respectively of:-

a)                   all undealt receipts remaining with him. The undealt receipts will be tallied with the entries in the assistant's diary.

b)                   Registers and records and Assistant's diary maintained by him; and

c)                   All files including guard files in his custody.

 

In addition to this, he will also separately prepare a list of receipts/files/matters of urgent nature, court cases, and other important matters, which need to be attended to without delay by his successor;

ii)                   In case, at the time of his transfer his replacement/successor has been posted and has joined, he will hand over the undealt receipts/all registers and records including assistant's diary and files according to the three lists prepared as at above under proper signatures of the relieved and relieving official. A copy of each of the three lists will be retained by both the officials and the third copy will be handed over to the Section officer or Senior most Assistant supervising the work;

iii)                  Where an official is transferred out without his replacement/successor having been posted, the official transferred out shall, before leaving for his new posting, prepare the three lists of receipts, registers and files as at above and hand over the same together with the receipts/files/registers to the Section Officer or Senior Assistant supervising his work. He will also prepare another list indicating the receipts of urgent nature, court cases, and other important matters needing attention without delay and hand over the same to the supervisory Officer supervising his work, so that he assigns such receipts/matters to some other dealing hand as an interim measure. As and when the replacement/successor joins, he shall take over the undealt receipts, files and registers by signing.

iv)                 Where an official posted in a Section or an office is not able to take over the charge because of his predecessor being on leave etc. at the time of his joining, the official shall prepare lists of pending receipts, registers (including assistant's diary) and current files, including guard files and hand over a copy of all these lists to the Section's supervisor pointing out the important pending receipts left unattended so that the Section's supervisor may initiate measures for their immediate disposal and if necessary inform the Branch Officer of the position. As and when the official posted out rejoins duty in the Office, he should be asked by the supervisor of the Section to verify the entries in the lists and sign the lists.

 

It is the personal responsibility of the official transferred to or from the Section/Office to prepare the lists in the above manner and to hand over the same to the Supervisor of the Section/office personally. A copy of these lists is to be attached with the joining/departure reports by the supervisor while forwarding the joining departure reports to the next superior/higher authority without which the joining/departure reports will not be deemed to be complete.

 

The Section Officer/ Senior Assistant supervising the work of the Official concerned will bring to the notice of the Branch Officer in writing both any deviation from this procedure as well as details of important papers and cases left unattended or likely to remain unattended and ensure issue of orders for their prompt disposal. Any lapse in this behalf is the personal responsibility of the supervisor of the Section.

 

3.12        Representations/applications-Procedure for submission-

 

3.12.1       Submission of application or representations:

 

i)              No member of the staff shall submit on any subject connected with the office his application for leave or his representation direct to the Chairman/Deputy Chairman/Secretary General/Additional Secretary/Joint Secretary. Such communications should be sent through proper channel i.e. the Branch/Section in-charge to which the petitioner belongs, and the Branch/Section in-charge will submit them to the next superior authority for further submission to the appropriate authority in the ordinary course. Failure to observe this will be considered as an act unbecoming of an Official and must be severely dealt with.

ii)             Representations should not be made jointly. In no case should office forms or papers be used for making personal representation or requests.

iii)            In making applications, representations, appeals or petitions, the language used should not be improper or offensive. Failure to observe this by the person concerned must be suitably dealt with.

 

3.12.2       Applications for outside posts: Applications for outside posts will ordinarily be forwarded at the discretion of the Secretary-General. Such applications should be submitted through the Branch/Section-in-charge.

 

3.13        Attendance and Leave-

 

3.13.1     Hours of Attendance: Office hours unless otherwise specified are from 10 A.M. to 6.P.M. with a half-an-hour lunch-break from 1.30 P.M. to 2 P.M. Any member of the staff may, however, be required to work beyond office hours or on holidays (except Independence Day and Republic Day), if his work is not up-to-date or the business of the Secretariat demands. The order of the Joint Secretary supervising the Section will be obtained on such occasions, in advance.

 

3.13.2     Attendance Register: An attendance register will be kept in each Branch/Section under the supervision of the Section/Committee Officer. On arrival in office every official will mark his attendance in this register. It will be removed from the office and placed before the Branch Officer at 10.10 A.M. In case any official is on leave, the kind of leave will be mentioned. In case of absence the letter 'A' will be written in pencil. If the absence is regulated as leave, appropriate entry will be substituted. Any member of the staff arriving after 10.10 A.M. will report himself to the Branch Officer and give the reasons for his late attendance verbally or in writing. For late attendance or short leaves, the following deductions should be made from the casual leave account of the official:-

 

Upto 2 hours                         1/3^rd of a day

Upto 3-½  hours                   ½ of a day

 

3.13.3       Checking of attendance:

(i)            Surprise checks of all sections are to be conducted by the Officers/Officials deputed by the Administration Section.

(ii)           The branch officers will conduct surprise checks of their sections once a week for ensuring that officials come to office in time and also remain present in the sections during working hours.

 

3.13.4     Leave not to be presumed: Absence without leave is an infringement of discipline, which, unless satisfactory explanation is submitted, will be severely dealt with. Leave must be applied for and sanctioned before it is taken, and it is only in cases of sudden and serious illness, or other exceptional circumstances to be proved to the satisfaction of the officer concerned, that the rule can be relaxed.

 

                Private Secretaries, Personal Assistants, Stenographers and Peons attached to officers should not leave office while the Officers are sitting or proceed on leave without personally informing the officer concerned.

 

                Absence of officials from duty or refusal to perform duty assigned is a breach of discipline and will attract disciplinary action. The period in question may also be treated as 'dies non'.

 

3.13.5     Casual Leave: Casual leave to Section staff will be given by Under Secretary and the Register will be maintained by the Section-in-charge. Casual leave of Under Secretary and Deputy Secretary/Director and equivalent will be sanctioned by the Joint Secretary/Additional.-Secretary concerned and register will be maintained by PS to the Joint/Additional-Secretary. Casual leave for Joint/Additional Secretary will be sanctioned by the Secretary-General. PS to Secretary-General will maintain the register. The following general instructions will apply:

 

i)                   The maximum amount of casual leave allowed during the calendar year must not exceed       the   admissible limit of 8 days.

ii)             Casual leave will not ordinarily be granted for more than 5 days at a time.

iii)            Casual leave shall not be combined with any other kind of leave. This may, however, be combined with restricted holidays, or gazetted holidays.

iv)           Casual leave on medical grounds for more than two days will not be allowed without a medical certificate.

v)            Special casual leave for participating in National Sports Events etc, may be given as per orders by the Government.

vi)           Casual leave shall not be applied from home except on medical grounds.

vii)          If any Government servant avails himself of casual leave when it is not admissible, he will do so at his own risk and ordinarily will be treated as absent on leave without pay.

viii)         Prior permission for casual leave on account of anticipated causes will be taken through proper channel. Absence in anticipation of sanction will be condoned only if the necessity for the leave could not have been foreseen. In such cases, the nature of sudden emergency should be stated in the application. Failure to obtain prior permission may invite disciplinary action.

ix)                  An official without adequate cause applying for casual leave on account of temporary indisposition may, if considered necessary by the leave sanctioning authority, be required to produce a medical certificate or hospital ticket.

x)                    An application for casual leave submitted from the residence of an applicant should contain his residential address. If he proposes to leave the headquarters during the leave period, permission to leave the headquarters should be taken and the leave address should also be given.

xi)                  In all cases where prior approval has not been taken, the official shall inform his Superior Officer on telephone as soon as possible.

 

                      An abstract statement showing casual leave taken and late attendance will be exhibited in the last column of the attendance register and consolidated by the Section-in-charge immediately after a month is over.

 

3.13.6            Procedure for grant of regular Leave: Regular Leave account of all staff is maintained in the Estt.(G) Section and grant of leave is regulated by CCS(Leave) Rules. Sanction of leave is accorded only after verification of title and all officers/officials are expected to apply for leave well in advance, on the prescribed proforma unless the reason is emergent and unforeseen. While applying for leave an official will check that he has sufficient leave to his credit. Where the official applying for leave has not indicated that he has sufficient leave to his credit, the superior officer will not recommend the leave while forwarding it for appropriate action to Estt. (G) Section. Officers recommending or sanctioning leave to staff under their control are expected to exercise judgement regarding the need for the leave in relation to the work pending disposal or requiring the presence of the officer/official. Absence without obtaining sanction of leave will constitute misconduct, entailing disciplinary action.

 

                      Under the extant provisions of CCS (Leave) Rules, leave cannot be claimed as a matter of right. When the exigencies of the public service so require, discretion to refuse or revoke leave of any description is reserved to the authority empowered to grant it. However, as emphasized in the instructions issued from time to time, such provisions have been made in the Rules because it is not possible to let all those who want leave at a particular time to have it at that time and there is a limit beyond which depletion of staff cannot be permitted without dislocating the working of an establishment. These instructions are not intended to be used as in effect to abridge the leave entitlements of the staff. It is indeed desirable in the interest of the public services that government servants take leave at suitable intervals and return to work relaxed and refreshed. It has also been laid down that the leave sanctioning authorities may encourage government servants to take leave periodically, preferably annually, and in case where all applications for leave cannot, in should draw up phased programme for the grant of leave to the applicants by turn with due regard to the principles enunciated.

3.13.7            Compensatory Leave: Members of the non-gazetted staff would be eligible for Compensatory Leave in lieu of attending office on Saturdays/Sundays/holidays with the prior approval of the Joint Secretary. The accumulation of Compensatory Leave in lieu of duties performed on Sundays, etc. would not be subject to any limit. The leave so accumulated should be availed of within a period of twelve months from their respective due dates. However, not more than two days' Compensatory leave would be admissible at a time.

 

3.13.8            Special Leave: Special Leave will be granted to non-gazetted staff in lieu of attending office on Saturdays/Sundays/holidays, specially declared as 'working days'. Those officers and members of the staff who fail to attend office on that day, specially declared as a 'working day', would be required to apply for leave for that day and such officials would not be entitled to the benefit of Special Leave. The accumulation of Special leave, like Compensatory Leave, would not be subject to any limit. However, the leave should be availed of within a period of twelve months from the day it becomes due.

 

3.13.9           Holidays:

 

i)                    The holidays admissible in public offices are notified yearly in the official gazette.

ii)                   The Head of a Division may order in the interest of work that the whole or part of the office shall remain open on any holiday.

iii)                  On holidays, on which the office is closed, one or more members of the office staff may if necessary, be called by the Branch Officer to attend office to deal with work of urgency. For this purpose, a list of residential address with nearest telephone number of all staff members should be maintained in the Section/Office.