Conduct & Disciplinary Rules - 12 : Article from Mr. K.V.Shridharan
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Government of India Instructions on Conduct Rules
(A compilation of important Govt orders on Conduct Rules)
12. Requirement of taking prior permission by Government servants for leaving station/headquarters – Clarification regarding.
The undersigned is directed to refer to this Department’s O.M. No. 11013/7/94-Estt. (A) dated 18th May, 1994 on the subject mentioned above in which it has inter-alia been clarified that separate permission may not be necessary where a Government servant has indicated his intention of leaving headquarters/station along with leave address while applying for leave. It has also been clarified that in case leave applied for the purpose of visiting foreign country is sanctioned, it would imply that permission for going abroad is also granted and, therefore, leave sanctioning authority should keep this aspect in mind while granting the leave applied for.
2. The above instructions have been reviewed and it has been decided that ‘while granting leave the sanctioning authority shall take prior approval, if required, for permitting the officer to go abroad as per the existing instructions.’
3. All Ministries/Departments are requested to bring these instructions to the notice of all concerned under their control and ensure that these are strictly followed
DOPT OM No. 11013/8/2000-Estt. (A), dated the 7th November, 2000
13. Requirement of taking prior permission for leaving station/ headquarters for going abroad while on leave.
Undersigned is directed to refer to the Office Memorandum mentioned in the margin and to say that as per the existing instructions, when Government servant applies for leave for going abroad on a private visit, separately prior permission of the Competent authority for such visit is also required. While granting such permission, many factors are required to be kept in view. For example, permission may be denied in the interest of security. Individuals facing investigation/inquiry on serious charges, who may try to evade apprehension by police authorities, or facing the inquiry, may also not be permitted to leave the country. On the other hand, it is also desirable that requests of Government servants for such permission are dealt with expeditiously.
2. Keeping the above in view, it has been decided that requests for permission for private visits abroad may be processed in the attached formats. As clarified vide the OM dated 1st September, 2008, the competent authority for granting permission will be as per instructions issued by the Cadre Authority/administrative Ministry/Department. In the absence of any such instructions, it is the leave sanctioning authority. In case due to specific nature of work in a Department, administrative exigencies, or some adverse factors against the Government servant etc., it is not expedient to grant permission to the Government servant, such decision for refusal should not be taken below the level of Head of Department. It may be ensured that the decisions are conveyed to the Government servants within 21 days of receipt of complete application to the competent authority. Any lacunae in the application should be brought to the notice of the Government servant within one week of the receipt of the application. In the event of failure on the part of the competent authority to communicate its decision to the Government employee concerned with 21 days of receipt of the application, the employee concerned shall be free to assume that permission has been granted to him.
3. If in case some modifications are considered necessary due to specialised nature of work handled by any organisation, changes may be made with the approval of this Department.
DOPT OM No. 11013/8/2015-Estt.A-III Dated the 27th July, 2015..
14. Accountability for delay in decision making
A Core Group on Administrative Reforms (CGAR) has been constituted under the Chairmanship of Cabinet Secretary in February, 2003 to formulate specific changes in the systems and procedures in consultation with the ministries/departments concerned and to advise strategies for changing attitudes. The Core Group has decided that the existing provisions about accountability mechanism should be reiterated with a view to bring to everyone's notice that these provisions are adequate for initiating disciplinary proceedings when an officer adopts a dilatory attitude leading to delay in decision-making and/or harassment of the public.
2. In view of the above, the following provisions of CCS (Conduct) Rules, 1964 are brought to the notice of all Ministries/Departments for information and necessary action: -
Rule 3. General
(1) Every Government servant shall at all times -
(i) Maintain absolute integrity;
(ii) Maintain devotion to duty; and
(iii) do nothing which is unbecoming of a Government servant.
(2) (i) Every Government servant holding a supervisory post shall take all possible steps to ensure the integrity and devotion to duty of all Government servants for the time being under his control and authority;
(ii) No Government servant shall, in the performance of his official duties, or in the exercise of powers conferred on him, act otherwise than in his best judgment except when he is acting under the direction of his official superior;
Explanation I - A Government servant who habitually fails to perform the task assigned to him within the time set for the purpose and with the quality of performance expected of him shall be deemed to be lacking in devotion to duty within the meaning of clause (ii) sub-rule (1).
Explanation II: - Nothing in clause (ii) of sub-rule (2) shall be constructed as empowering a Government servant to evade his responsibilities by seeking instructions from, or approval of, a superior officer or authority when such instructions are not necessary under the scheme of distribution of powers and responsibilities.
Rule 3A. Promptness and Courtesy
No Government servant shall
(a) in the performance of his official duties, act in a discourteous manner;
(b) in his official dealing with the public or otherwise adopt dilatory tactics or willfully cause delays in disposal of the work assigned to him.
3. Rule 11 of the CCS (CCA) Rules, 1965 provides that the penalties (ranging from 'censure' to 'dismissal') mentioned therein may be imposed on a Government servant for good and sufficient reasons'. Thus any Government servants violating the provisions of Conduct Rules can be proceeded against as it will form 'good and sufficient reasons' for imposing the penalties prescribed in Rule 11. In other words, disciplinary proceedings could be initiated if an officer adopts a dilatory attitude, leading to delay in decisions making and/or harassment of the public.
4. Ministries/Departments are also requested to bring the above cited provision of the Conduct Rules and CCS Rules to the notice of all the officers and officials in the Ministry/Department (proper) and in the organizations/offices under their administrative control to clarify that if they are found responsible for willful delay in the disposal of the various types of cases dealt with by them, finally leading to delay in decisions making, they shall be liable for disciplinary action in terms of the relevant provision referred to in para 2 and 3 of this OM.
(DOPT No. 11013/2/2004-Estt (A) dated 16.02.2004)
15. Observance of punctuality in Government Offices.
Instructions have been issued from time to time with regard to the need to observe punctuality by Government servants. Responsibility for ensuring punctuality in respect of their employees rests within Ministries/ Departments/ Offices.
2. The decision to introduce AADI-IAR enabled Bio-metric Attendance System (AEBAS) in Central Government offices, including attached/ sub-ordinate offices, to replace the manual system of marking of attendance to ensure punctuality is to be implemented in all Ministries/ Departments. This Department vide O.M. of even no. dated 21.11.2014 and 28.01.2015, while recognizing that the Biometric Attendance System is only an enabling platform had, inter-alia, stated that there was no change in the instructions relating to office hours, late attendance etc.
3. In this connection attention is invited to Rule 3(1)(ii) of CCS (Conduct) Rules, 1964 which stipulates that every Government servant shall at all times maintain devotion to duty. Habitual late attendance is viewed as conduct unbecoming of a Government servant and disciplinary action may be taken against such a Government servant. It is also added that punctuality in attendance is to be observed by Government servants at all levels.
4. It is also requested that the necessary directions may be issued to all employees to mark their attendance in BAS portal on regular basis.
DOPT OM No. 11013/9/2015-Estt.A-III Dated the 22nd June, 2015.
16. Introduction of AADHAR enabled bio-metric attendance system.
The undersigned is directed to refer to Secretary, DEITY's DO letter no. SSD/DeitY/BAS/2014-74 dated 23.12.2014 (copy enclosed), observing that in many offices there is a large difference between the number of registered employees and the number of employees marking their attendance in the Biometric attendance system (BAS). The Secretaries of all Ministries / Departments have been requested to issue directions to all employees to mark their attendance in BAS Portal on regular basis.
2. As per the Guidelines issued vide O.M. No. 11013/9/2014-Estt.A-III dated 21.11.2014, it has been decided to use an AADHAR Enabled Bio-metric Attendance System (AEBAS) in all offices of the Central Government, including attached / subordinate Offices, in India. All employees are, therefore, required to register themselves in the system and mark their attendance. Instructions already exist for dealing with cases of late attendance/ unauthorized absence, which may be followed.
3. It is requested that necessary directions may be issued to all employees to mark their attendance in BAS portal on regular basis.
DOPT OM No. 11013/9/2011-Estt.A-III Dated the 28th January, 2015
……… To be continued……