Conduct & Disciplinary Rules – 90 : (Compiled By Com Kayveeyes)

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Dec 2, 20210 comments

Conduct & Disciplinary Rules – 90 : (Compiled By Com Kayveeyes)

 RELAX, REFRESH RULING KNOWLEDGE

CCS - CONDUCT RULES 1964

31. State the provisions of Conduct Rules regarding taking part in politics and elections by Government servants.

1.        A Government servant should not be a member of, or be otherwise associated with, any political party or any organization which takes part in politics.

2.        A Government servant should not take part in, subscribe in aid of, or assist in any other manner, any political movement or activity.

3.        A Government servant should also prevent any member of his family from taking part in, subscribing in aid of, or assisting in any other manner any movement or activity, which is or tends directly or indirectly to be, subversive of the Government as by law established. If he is unable to prevent his family members from taking part in such movement or activity, he should report the matter to Government immediately.

4.        A Government servant should not canvass or otherwise interfere with, or use his influence in connection with or take part in, an election to any legislature or local authority.

5.        The display by a Government servant on his person, vehicle or residence of any electoral symbol shall amount to using his influence in connection with an election.

Rule 5) 

32. Describe briefly the role of a Government servant during elections.

A Government servant should not canvass or otherwise interfere with or use his influence in connection with or take part in an election to any legislature or local authority

1.        A Government servant qualified to vote at such election may exercise his right to vote but he shall give no indication of the manner in which he proposes to vote or voted.

2.        A Government servant should not display on his person, vehicle or residence of any electoral symbol.

3.        A Government servant should not propose or second the nomination of a candidate at an election; he should not act as polling agent.

4.        A Government servant can assist in the conduct of an election in the due performance of a duty imposed on him by or under any law for the time being in force.

5.        The Govt servants are required to so conduct himself as to inspire confidence in the public in regard to his impartiality.

6.        If any person in the service of the Govt acts as an election agent or a polling agent of a candidate at an election, he shall be punishable with imprisonment, for term which may extend to three months or with fine or with both.

[Rule 5 (4) and GID (7)]

33. What is the provisions in the Conduct Rules relating to attendance by Government servants at political meetings?

C. C. S. (Conduct) Rules prohibit Government servants from taking part in, subscribing in aid of, or assisting in any way any political movement in India. Attendance by Government servants at public meetings organized by political parties would amount to participating in a political movement and would, therefore attract the provisions of Rule 5 of the C. C. S. (Conduct) Rules, 1964. They will not, however, be deemed to have violated the provisions of these rules if the following conditions are satisfied:

i.         that the meeting is a public meeting and not in any sense a private or restricted meeting;

ii.       that the meeting is not held contrary to any prohibitory order or without permission where permission is needed; and

iii.     that the Government servant in question does not himself speak at, or take active or prominent part in organizing or conducting the meeting.

Even where the above conditions are satisfied, frequent or regular attendance by a Government servant at meetings organized by any particular political party would be construed as assisting a political movement as such conduct is bound to create an impression that he is a sympathizer of the aims and objects of that party and that in his official capacity he may favour or support the members of that particular party.

(G. 1. D. (2) Rule 5)

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