No.11013/08/2013-Estt.(A)-III
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
North Block, New Delhi
Dated the 6th June, 2013
OFFICE MEMORANDUM
Subject: Representation from Government servant on service matters.
The
undersigned is directed to refer to the Ministry of Home Affair’s O.M
No.118/52-Ests. dated the 30th April, 1952, O.M No. 25/34/68-Estt.(A)
dated the 20th December, 1968 and this Department’s O.M
No.11013/07/1999-Estt.(A) dated the 1st November, 1999 (copies enclosed
for ready reference) on the above mentioned subject. This Department is
receiving a number of representations, on service matters, addressed to
the Prime Minister / Minister / Secretary (P) and other officers
directly from the Government servants.
2. It has been envisaged
in these instructions that whenever, in any matter connected with his
service rights or conditions, a Government servant wishes to press a
claim or to seek redress of a grievance, the proper course for him is to
address his immediate official superior, or the Head of his office, or
such other authority at the lowest level as is competent to deal with
the matter. Of late, it is observed that there is an increasing tendency
on the part of officers at different levels to by-pass the prescribed
channels of representation and write directly to the high functionaries
totally ignoring the prescribed channels. The problem is more acute in
large Departments where often very junior employees at clerical level
address multiple representations to the Minster, Prime Minister and
other functionaries. Apart from individual representations, the service
unions have also developed a tendency to write to the Ministers and
Prime Minister on individual grievance. Some of these representations
are often forwarded through Members of Parliament, in violation of Rule
20 of the CCS (Conduct) Rule, 1964.
3. Existing instructions
clearly provide that representations on service matters should be
forwarded through proper channel. The stage at which an advance copy of
the representation may be sent to higher authorities has also been
indicated. In MHA O.M. No. 25/34/68-Estt.(A) dated 20.12.68 time limits
for disposal of various types of representations have been prescribed.
If it is anticipated that an appeal or petition cannot be disposed of
within a month of its submission, an acknowledgement or interim reply
should be sent to the individual within a month.
4. Thus adequate
instructions are available in the matter of submission of
representations by the Government servants and treatment of the
representations by the authorities concerned. As such submission of
representations directly to higher authorities by- passing the
prescribed channel of communication, has to be viewed seriously and
appropriate disciplinary action should be taken against those who
violate these instructions as it can rightly be treated as an unbecoming
conduct attracting the provisions of Rule 3 (1) (iii) of the CCS
(Conduct) Rules. 1964.
5. It is again reiterated that these
instructions may be brought to the notice of all Govt. servants and
appropriate disciplinary action may be taken against those who violate
these instructions.
sd/-
Y.K.Wadhwa)
Under Secretary to the Government of India
Copy of the Office Memorandum No.118/52-Ests. Dated 30th April, 1952Representations from Government Servants on service matters — advance copies.Reference
are frequently received in this Ministry enquiring whether the
submission of advance copies of representations to higher authorities is
permissible and as to the treatment that should be accorded to such
copies. The matter has been carefully considered and the following
instructions are issued for the guidance of al concerned
2.
Whenever, in any matter connected with his service rights or conditions,
a Government servant wishes to press a claim or to seek redress of a
grievance, the proper course for him is to address his immediate
superior official, or the Head of office, or such other authority at the
lowest level as he is competent to deal with the matter. An appeal or
representation to a higher authority must not be made unless the
appropriate lower authority has already rejected the claim or refused
relief or ignored or unduly delayed the disposal of the case.
Representations to still higher authorities (.e.g. those addressed to
the President, the Government or to Hon’ble Minister) must be submitted
through the proper channel (i.e, the Head of Office, etc. concerned).
There will be no objection at that stage, but only at that stage to an
advance copy of the representation being sent direct.
3. The
treatment by the higher authorities of advance copies of representations
so received should be governed by the following general principles —
(a)
If the advance copy does not clearly show that all means of securing
attention or redress from lower authorities have been duly tried and
exhausted, the representation should be ignored or rejected summarily on
that ground, the reasons being communicated briefly to the Government
servants. If the Government servant persists in this prematurely
addressing the higher authorities, suitable disciplinary action should
be taken against him.
(b) If the advance copy shows clearly that
all appropriate lower authorities have been duly addressed and
exhausted, it should be examined to ascertain whether on the facts as
stated, some grounds for interference or for further consideration,
prima facie exist. Where no such grounds appear, the representation may
be ignored or summarily rejected , the reasons being communicated
briefly to the Government servant.
(C) Even where some grounds
for interference or further consideration appear to exist, the
appropriate lower authority should be asked. within a reasonable time,
to forward the original representation, with its report and comments on
the points urged. There is ordinarily no justification for the passing
of any orders on any representation without thus ascertaining the
comments of the appropriate lower authority.
4. Some Government
servants are in the habit of sending copies of their representations
also to outside authorities, i.e. authorities who are not directly
concerned with the consideration thereof (e.g. other Honorable Minister,
Secretary, Members of Parliament, etc). This is a most objectionable
practice, contrary to official propriety and subversive of good
discipline and all Government servants are expected scrupulously to
eschew it.
Copy of the Office Memorandum No. 25/34/68-Estt.(A) Dated 20.12.1968
Representations from Government servants on service matters — Treatment of
Reference
is invited to the Ministry of Home Affairs Office Memorandum
No.118/52-Ests. Dated the 30th April, 1952 on the subject mentioned
above (copy enclosed for ready reference). It has been brought to the
notice of the Ministry of Home Affairs that undue delay occurs very
often in the disposal of representations from Government servants in
regard to matters connected with the service rights or conditions which
causes hardship to the individuals concerned.
2. The representations from Government servants on service matters may be broadly classified as follows :-
(1) Representations/complaints regarding non-payment of salary/
allowances or othe dues.
(2) Representations on other service matters,
(3) Representations against the orders of the immediate superior authority: and
(4)
Appeals and petitions under statutory rules and orders (e.g.
Classification Control and Appeal Rules and the petition Instructions).
3.
In regard to representations of the type mentioned at (1) and (2)
above, if the individual has not received a reply thereto within a month
of its submission, he could address, or ask for an interview with the
next higher officer for redress of his grievances. Such superior officer
should immediately send for the papers and take such action as may be
called for, without delay.
4. Representations of the type
mentioned at (3) above, would be made generally only in cases where
there is no provision under the statutory rules or orders for making
appeals or petitions. Such representations also should be dealt with as
expeditiously as possible. ‘The provisions of the preceding paragraph
would apply to such representations also, but not to Later
representations made by the same Government servant on the same subject
after his earlier representation has been disposed off appropriately.
5.
In regard to the representations of the type mentioned at (4) above,
although the relevant rules or orders do not prescribe a time limit for
disposing of appeals and petitions by the competent authority, it should
be ensured that all such appeals and petitions receive prompt attention
and are disposed within a reasonable time. If it is anticipated that an
appeal or a petition cannot be disposed of within a month of its
submission, an acknowledgement or an interim reply should be sent to the
individual within a month.
6. The instructions contained in
paragraph 2 of this Ministry’s Office Memorandum No.118/52-Ests. Dated
the 30th April, 1952, will stand modified to the extent indicated in the
paragraphs 3, 4 and 5 above.
No.11013/7/99-Estt.(A)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
New Delhi, dated the 1st November, 1999
OFFICE MEMORANDUM
Subject: Representation from Government Servants on Service matters.
The
undersigned is directed to refer to the Ministry of Home Affairs
O.M.No.118/52-Ests. dated 30th April, 1952 on the subject mentioned
above (copy enclosed for ready reference).
2. It has been
envisaged in these instructions that whenever, in any matter connected
with his service rights or conditions, a Government servant wishes to
press a claim or to seek redress of a grievance, the proper course for
him is to address his immediate official superior, or the Head of
Office, or such other authority at the lowest level as he is competnet
to deal with the matter. Of late, it is observed that there has been a
tendency on the part of officers at differnet levels to by-pass the
prescribed channels of representation and write directly to the high
functionaries totally ignoring the prescribed channels. The problem is
more acute in large Departments where often very Junior employees at
clerical level address multiple representations to the Minister, Prime
Minister and other functionaries. Apart from individual representations,
the service unions have also developed a tendency to write to the
Ministers and Prime Minister on individual grievances. Some of these
representations are often forwarded through Members of Parliament, in
violation of Rule 20 of the CCS (Conduct) Rule, 1964.
3. Existing
instructions clearly provide that representations on service matters
should be forwarded through proper channel. The stage at which an
advance copy of the representation may be sent to higher authorities has
also been indicated. In MHA O.M. No. 25/34/68-Estt.(A) dated 20.12.68
(copy enclosed) time limits for disposal of various types of
representations have been prescribed. If it is anticipated that an
appeal or petition cannot be disposed of within a month of its
submission, an acknowledgement or interim reply should be sent to the
individual within a month.
4. Thus adequate instructions are
available in the matter of submission of representations by the
Government servants and treatment of the representations by the
authorities concerned. As such submission of representations directly to
higher authorities by- passing the prescribed channel of communication,
has to be viewed seriously and appropriate disciplinary action should
be taken against those who violate these instructions as it can rightly
be treated as an unbecoming conduct attracting the provisions of Rule 3
(1) (iii) of the CCS (Conduct) Rules. 1964.
5. It is again
reiterated that these instructions may be brought to the notice of all
Govt. servants and appropriate disciplinary action may be taken against
those who violate these instructions.
sd/-
(T.O.Thomas)
Deputy Secretary to the Government of India
Source: www.pesrmin.nic.in
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