Duty of Supervisory Officers for ensuring the integrity and devotion to duty.
11) Duty of Supervisory Officers for ensuring the integrity and devotion to duty.
Under Rule 3 (2) (i) of the Central Civil Services (Conduct) Rules, 1964, "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".
2. The National Council set up under the Machinery for Joint Consultation and Compulsory Arbitration in its meeting held on 28th July, 1972 adopted a recommendation of the committee set up by the Council to consider the item "Amendment of the Central Civil Services (Conduct) Rules, 1964, to the effect that clarification may be issued that sub-rule (i) of rule 3 (2) is intended to be invoked only in cases where there has been a failure on the part of supervisory officer concerned to take all reasonable and necessary steps to ensure the integrity and devotion to duty of Government servants under his control and authority.
[Cabinet Secretariat, Department of Personnel OM No. 25/2/72-Ests. (A), dated 10.01.1973]
(12) Third Report of the Committee of the National Council (JCM) set up to consider the item ‘Amendment of the CCS (Conduct) Rules, 1964.
The committee of the National Council (JCM) has examined some provisions of the Central Civil Services (Conduct) Rules, 1964 relating to (a) general conduct of Government servants and (b) the authorized communication of official information. During discussion in the Committee, the Staff Side urged consideration of the following points in relation to the provisions of rule 3 and 11 and the aforesaid rule :-
(i) The scope of Rule 3 (1) of the Central Civil Services (Conduct) Rules, 1964 is too wide. It is being used to cover all types of cases many of which are of a trivial nature. This tendency is particularly noticeable at lower levels where frivolous complaints are also brought into the ambit of this Rule.
(ii) Where action is taken against a Government servant for violation of clause (iii) of Rule 3 (1) of the Central Civil Services (Conduct) Rules, 1964, the acts of misbehaviour on the basis of which disciplinary action is proposed should be simultaneously intimated to the Government servant.
(iii) Rule 3 (2) (i) of the Central Services (Conduct) Rules, 1964, is not followed in practice by supervisory staff at all levels.
(iv) Rule 3 (2) (ii) of the Central Civil Services (Conduct) Rules, 1964, does not offer any protection when the supervisory officer refuses to give written confirmation of the directions given by him orally.
(v) Rule 11 of the Central Civil Services (Conduct) Rules, 1964 should not be a bar to communicating routine or statistical information on request by recognized unions and associations of Government employees.
(vi) Quotations by a Government servant of the orders in an individual case of a nature similar to his own case should not be prohibited under the Explanation below rule 11 of the aforesaid rules.
2.1 The above points have been examined in detail and the position is clarified below.
2.2 Rule 3 (1) of the Central Civil Services (Conduct) Rules 1964 provides that a Government servant shall at all times maintain absolute integrity and devotion to duty and do nothing unbecoming of a Government servant. This rule serves the specific purpose of covering acts of misconduct not covered by other specific provisions of the Rules. It is, therefore, necessary that disciplinary authorities should first satisfy themselves that alleged acts of misconduct do not attract the provisions of any specific rules before taking recourse to rule 3 (1) ibid. Where action is taken under rule 3 (1) particularly on grounds of unbecoming conduct, special care should be taken to eliminate cases of a trival nature. Supervisory officers should look into this matter during periodic inspections and ensure that disciplinary proceedings under rule 3 (1) are not initiated on grounds which are unjustified.
2.3 Under rule 14 (3) of the Central Civil Services (CCA) Rules, 1965 the disciplinary authority is required to draw up, or cause to be drawn up, the substance of the imputations of misconduct or misbehaviour into definite and distinct articles of charge and a statement of the imputations of misconduct or misbehaviour in support of each article of charge containing a statement of all relevant facts. Where it is proposed to impose a minor penalty, rule 16 ibid provides that the Government servant should be informed in writing of the imputation of misconduct or misbehaviour on which action is proposed to be taken against him. It is evident that if these mandatory provisions are followed there can be no complaint that the concerned Government servant has not been adequately informed of the acts of misbehaviour on the basis of which action is proposed to be taken against him.
2.4 Rule 3 (2) (ii) of the Central Civil Services (Conduct) Rules, 1964, provides that when a Government servant acts under the directions of his official superior, he should obtain the direction in writing wherever practicable and where it is not practicable he shall obtain written confirmation of the direction as soon thereafter as possible. Clearly, it is the duty of the superior officer giving a direction to confirm it in writing when such confirmation is sought by his subordinate. It is not open to the superior to refuse to confirm in writing the directions given by him orally, just as it is open to him to state immediately that no such direction was given.
3.1 Rule 11 ibid provides that no Government servant shall, without prior permission, communicate directly or indirectly any information to any other Government servant or any other person to whom he is not authorized to communicate such information.
3.2 When a request is received from recognized Unions and Associations of Government servants for supplying routine or statistical information, the authority having custody of such information should make it available after satisfying itself that the information is actually relevant to the purpose given by the Union or Association. If the required information is not readily available or it will have to be collected involving time and labour not commensurate with the purpose in view, the Association or Union should be informed accordingly.
3.3 The Explanation below rule 11 of the Central Civil Services (Conduct) Rules, 1964, provides that quotation by a Government servant in his representation of or from any letter, circular or memorandum or from the notes from any file to which he is not authorized to have access or he is not authorized to keep in his personal custody or for personal purpose shall amount to unauthorized communication of information.
3.4 This provision will not apply to quotation by a Government servant of any order passed in the case of another Government servant whose case is similar to his own provided that the quotation in such a case is from the final orders passed and not from the notings on the file.
[MHA, Department of Personnel & A.R. OM No. 11013/18/76-Est.(A) dated the 7th February, 1977]