NATIONAL INSTITUTE OF TECHNOLOGY DURGAPURMAHATMA GANDHI AVENUE DURGAPUR-713 209(WEST BENGAL), INDIA

A copy of Office Memorandum No. 11013/08/2013-Estt.( A)-III, dated 06.06.2013 from DOPT,

GOI is enclosed.

All Heads of the Departments / Sections / Centers and Central Facilities are requested to circulate

the same among the members of their respective Deptt/ Sections / Centre / Central Facilities for'.

their information and further necessary action.

It may please be noted that the same Office Memorandum was circulated earlier on 13.11.2013, to

all Departments / Sections of the Institute.

Re~ct::1. Director.2. Registrar.3. All Deans.4. All Head of the Departments & Sections- with a request for wide circulation amongst all employees of

their respective Departments /Sections/ Centres and Central facilities.5. Prof. S.S. Thakur, Chairman, lTIC- with a request for uploading the enclosed OM in the Institute

Website.6. Director Secretariat.7. Registrar Secretariat.7. File copy.

~&;{j~~??[>Dy. Reg( Estt)

No.11013!0812013-Estl·CA)-HIGovernment of India

Ministry of Personnel, Public Grievances & PensionsDepartment of Personnel & Training

North Block, New DelhiDated the 6th June, 2013

The undersigned is directed to refer to the Ministry of Home Affalr's OM No.118/52-Ests. dated the 30th April, 1952, OM No. 25!34i68-Estt.(A) dated the 20fn

December, 1968 and this Department's OM No. 11013f07 /1999-Estt.(A) dated the1st November, 1999 (copies enclosed for ready reference) on the above mentionedsubject. This Department is receiving a number of represe ntat10n5, on servicematters, addressed to the Prime Minister! Minister/ Secretary (P) and other officersdirectly from the Government seT\!ants.

2. It has been envisaged in these instructions that whenever, in any matterconnected with his service rights or conditions, a Government servant wishes topress a claim or to seek· redress of a grievance, the proper course for him is toaddress his immediate official superior, or the Head of his office, or such otherauthority at the lowest 'eve! as is competent to deal wfth the matter. Of late. it (sobserved that there is an increasing 'tendency on the part of officers at differentlevelS to by-pass the prescribed channels of representation and write directly ta thehigh functionaries totally ignoring the prescribed channels. The problem is moreacute in large Departments where often very junior employees at clerical leveladdress multiple representations to the Minster, Prime Minister and otherfunctionaries. Apart from individual representations, the service unions have alsodeveloped a tendency to write to the Ministers and Prime Minister on individualgrievance, Some of these representations are often forwarded through MemberS ofParliament, in violation of Rule 2D of the CCS (Conduct) Rule, 1964.

3. Existing instructions clearly provide that representations on service mattersshoukd be forwarded through proper channel. The stage at which an advance copyof the representation meW be sent to higher authorit\~shas also been indicated. inMHA O.M. No. 25/34f68-Estt.(A) dated 20.12.68 time limits for disposal of varioustypes of representations have been prescribed. Jf it is anticipated that an appeal orpetition cannot be disposed of within a month of its submission, anacknowledgement or interim reply should be sent to the individual within a month.

4. Thus adequate instructions are available in the matter of submission oirepresentations by the Government servants and treatment of the representations bythe authorities concerned. As such submission of representations directly to highelauthorities by- passing the prescribed channel of communication, has to be viewecseriously and appropriate disciplinary action should be taken against thDse VJhcviolate these instructions as it can rightly be treated as an unbecoming cond ucattracting 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 allGovt. servants and appropriate disciplinary action may be taken against those whoviolate these instructions.

~

llil-3-./ ,:'1;..-

'..... . Wadhwa)Under Secretary to the Government of India

All Ministries/Departments of Govt. of India.

1. Comptroller & Auditor General of India, New Delhi.2. Union Public Service Commission, New Delhi.3. Central Vigilance Commissionl New Delhi.4. Centra! Bureau of lnvestigation, New Deihi.5. An Union Territory Administrations.6. Lok SabhaIRajya Sabha secretariat.7. All Officers and Sections in the Ministry of Personnel, Public Grievances &Pensions~.." ~AHH~A.' .hed and SUhordinateo.·. ffice.SOf.' M.iOist.PJ.·...D.f.·perso. ·o.n. nel, P.G.. &.' Pensions.~.' ~.?P&Twith the request to upload this a.M. on Department's web site

(OMslOrders-+ Establishment-+ CCS (Conduct Rules).

N(.). 1I 0 13 ...:- ..~"':J...Est t _ .({\)Government of Indte

Mir,isl, y of r'erBonnel, Public '(.;\ J.evances E. Pen~3i()1\~( Depf3 ~ trt\9nt 0 f PB-~':'Q 11ll1"t-ll &- Tr E;i ni. \1g )

New Del'hl, d"lLf..'d Uw 1~+ fJcv.~ 19°':'.

O~F!C~tJ~~Pi~AtwUM

Represen\:.al tbn fr,jfl\' GQvernment servant.sser'vice ITIatters.

Thf>Ministry of30th Apr il .enclosed for

undersigned is direoted to refeTHomA Affairs D.M. No,L1S}52-EsLs.1952 on thp subject m8n~iGn~d ebav8ready ref8'·EJIY.~",).

t. 0 t h,:"dE t ~(\

2. Jt. has been enl/Lsoged in Lhese instructj('n~,that whenever, in any matter connected 1-:1th his Senjj.C'~,right.s ort:.:ondltions, f?1 '::invernment sefVEtnl wish':'", !:c:presf.< a c is 1m or t.o sE.<.eh~$dr eSB of a sn- ievapce , U1€proper cou,\se for him .1.'" \:,(1 address hi~; immecliBi ..~'offici.al super lor' • or the\l~'9d of his off.i.~:B, or suchoth~r 8uthc,r i i.:y at thE' l.ovlest leveJ 8S he i.s c~'mpt:"tBnlto deat with the mattel-. Df 19te, it is observed thEd.ther£! hBS been a tendency urt"'th'~ PEHt. of c'ffic.:F.tfS Bt

d.i.ffE"rent levels to by-pas2' t.he prescrib1?d channels ofrepresentation end wTit~ dl~ectlY to t.he highfunct.i.onaries totully ignoring the prescribed Ch8\lne.\~ ..The problem is morE" Bcute' in l'a,ge Departm4';lnt.s w\'l'='re.often vsry junior employees at clerical levBl addressmult,iple rl?presentations to ; the Minister, Prime,!'llld,ster and other functional'ies_ {-,part frot,'individual representations, Lhe-service ~ni.olls hBV'?also developed a tendency tu write to the Ministers andPr irne Minist.'?r on individ'JeJ gr'ievancE's. Sorne (If lh'92E'repr~sentatlons are cften forwBTded through Members ofP~rliament. :in viole.tinnof RulE' 20 (If the C(::;;(Condu.ct) RuIe:;,. 1964 ~

3. Er.i~Ling instruC':ti.Dns clearly provide thE,t.representations on ~ervjc~ matters should be forwsrdedthrough proper channel. The stage at whic~ 8n aclvanc~60py of the Tepresentation may be sent ta h5gherallthol-itie~ hee also been indicate.d. In MHA 0.1-\.No.25/3~/b8-Estt_(A) dated 20.12.~8 - lcoPY enclosed)time limits for disposa] of verlqus type~ ofrepresentations have bB?~ prescribed. It it isanlicipeted that an BPF'''Jel or p~ti1.:.ion cannot bedisposed of within B m(.>nLh of its submissi011, enacknowlf.:'dgement or inlerirn reply shot·ld be sent. tC' Lh.'?individual IrJithin a monr_h.

4. ThuR e.dequatc-i i n!':.~t1u~:'l i0n<.:. arE" eve) 1~.bl~ j 1t ·th~matter of 5ubmissiol' ,yf rspresenl.alions by 1.1'",Government serV8.ntf.: £;\'8 t,e",tffl",nt "r tl,;..·representations by the BuLh!)" i.t; ('-6 concerned, (.'\s 8'.I'.:.,hsubmi ss j Oft of r epresent.c, U '.'ns d i r Bell y t.O hi ghe rauthorities by-pass.iTl9 the pl-escribed chanl?r:-l. ofcon@~\nic8tion, has t.o hp \/i:,>wed :::eri<.,tls,),! E.nc·approp1'iat8 rHsc.lplinary ~r_~.j()n shoul.d b~ L.Bk<:=Hl f\92insi:t.h0se whc' \.'.i,,1.13tf.\ Lhesf' jll~;\\"J{"ti(:'ns 8~ it (.-9.1'\ :5ghlh'

be L)- 85 tedp'r 0 \1 3S 10 nsRules, 196il

as(.Jf

an unbecoming conductRu 1.6 :-J (1 ').( i i i) 0t t. he

at t r act. 1ng t· heCCS ( Co liduc t. )

.r $<'" r: is requBsLed that these inslflh;tions may hE'b broughc co t_he not j (:6 of all G,J-vt. s8rvsnLs b.ntl

BPpropr iate discipl j ;\;:.1T)' aclion m~Y be Leken agai riaLtlKJse whp violatE! thElse. inst·~-uction6.

mo•• ' "', " /'~l {""'-~'" ,/'\. '_/\fV---" .'''L )'-' e::::::.----- c-'"> -'" -(1 .C\. Thomas )---_.---

Deput)' S6cre:tt.ary to the 8ove"-OJil8nt of India

i, CCHllpf..;-oI1EH 6- AudLioY General of India, New Db'ti,)2. Union Public S6li"vi(a.J Commission, Ne~J DEdhl.3. Central Vlgilanc~ CGmmis61on~ New Deihl.4. CsnLral Bureau of lnvAstigation, New Delhi.L::, All. Ur:ion TerritJYI}' ?'dOii.ni.$.LrhLions-.t:>. Lok S&bha/R-sjys' SEibha SecretaY iat .7. All Oi;f icers end Sec~ions in t.he 'Ministry o'f

Personnel. Public Gr ievences & Pensions, &:: HIfPl-,8. All Att.ached and subo1dinate Offi.ces·of Ministry

of Per so T\ ne 1, P. G. & Paos Ions l MIia-:-

C'\ t' \

(~"\-r rV~.j 'C:::::::::-- L:'~/v(T ~O.. Thomas) --~---

Deputy Secretary ~o the Government of India

)py of the Office Memorandum No. 118r52~Ests. Dated 30th April, 1952

Reference are frequently received in this Ministry enquiring whether the submission of advancecopies of representationsto higher authorities is permissible and as to the treatment that shouldbe accorded to such copies.- The matter has been carefully considered ·and 'the folJ~winginstructions are issued for the guidance of all concerned,

2. \lVhenever, in any matter connected with his' service rights or conditions, a Governmentservant wishes to press a claim or to seeK.redress o~a grievance, the proper course for him isto address hiS immediate superior official, or the Head of office, or such other authority at thelowest level as he is competent to deal with the rr.atter.An appeal or representation to a higherauthority must not be made unless the appropriate lower authority has already rejected theclaim or refused relief or ignored or unduly delayed the disposal of the case. RepresentaFonstostill higher authorities (.e.g. those addressed to the President, the Government or to Hon'bjeMinister) must be submitted through the proper channel (Le. the Head of Office, etcconcerned). There will be no objection at that stage, but only at that st(?,geto an advance copyof the representationbeing sent direct.

3. The treatment by the higher authorities of advance copies of representations so receivedshould be governed by the following general principles~

(a) If the advance copy does not dearly shov.•that all means of securing attention or redressfrom lower authorities have been duly tried and exhausted, the representation should be ignoredor rejected summarily on that ground, the reasons being communicated briefly to theGovernment servants. 1f the Government servant persists in this prematurely addressing thehigher authorities,suitable disciplinary action should be taken against him.

(b) If the advance copy shows clearly that all appropriate iower authorities have been dulyaddressed and exhausted, rt should be examined to ascertain whether on the facts as stated,some grounds for interference or for further consideration, prima facie exist. VVhereno suchgrounds appear, the representation may be ignored or summarHy rejected, the reasons beingcommunicated briefly to the Government servant.

(c) Even where some grounds for interference or further consideration appear to exist, theappropriate lower authority shOUldbe asked. within a reasonable Ume, to forward the originalrepresentation, with its report and comments on the points urged. There is ordinarily nojustification for the pass'tng of any orders on any representation wlthout thus ascertaining thecomments of the appropriate lower authority.

•4. Some Government se;vants are in the habit of sending copies of their representations also tcoutside authDrities,i.e. authorities who are not directly concerned with the consideration'thereo'(e.g. other Honorable Minister, Secretary, Members of Parliament etc.) This is a mosobjectionable practice, contrary to official propriety and subversive of good discipline and 81Government servants are expected scrupulously to eschew it.

Reference is invited to the Ministry of Home Affairs Office Memorandum No. 118f52-Ests. Datedthe 30th AptiL 1952 on the subject mentioned above (copy enclosed for ready reference). It hasbeen brought to the notice of the Ministry of Home Affaic5 that undue delay.occurs very often inthe disposal of representations from Government servants in regard to matters connected withthe ser'o/ice rights or conditions which causes hardship to the individuals concerned.

2. The representations from Government servants on service matters may be broadly ci2ssifiedas follows :-

(4) Appeals and petitions under statutory Tules and orders (e.g. C\assifica\ion Control andAppeal Rules and the petition instructions).

3. In regard to representations of the type mentioned at (1) and (2) above, ·if the individual hasnot received a reply thereto' within a month of its submission. he could address. or ask for aninterview with the next higher officer for redress of his grievances. Such superior officer shouldimmediately send forihe papers and take 'such action as may be called Tor. without delay

4. Representations of the type mentioned at (3) above, would be made genera!iy only In caseswhere 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 ofthe 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 earlierrepresentation has been disposed off 'appropriately.

5. In regard to the representations of the type mentioned at (4) above, although the relevantru~es or orders do not prescribe a time limit for disposing of appeals and petitions by thecompetent authority, it should' be ensured that all such appeals and petitions receive promptattention and are disposed within a reasonable time. If it is anticipated that an appeal or apetition cannot be disposed of within a month of its submission, an acknowledgement or aninterim reply should be sent to the individual within a month.

6. The instructions contained in paragraph 2 of this Ministry's omce Memorandum No. i 18f52-Ests. Dated the 30Ihfi..pril. 1952, will stand modified to the extent indicated in the paragraphs 3,4and 5 above.