RELAX, REFRESH RULING KNOWLEDGE
CCS - CONDUCT RULES 1964
33. Can a Government servant criticize the
Government?
A Government servant should not, in any
radio broadcast or in any document published in his own name or anonymously,
pseudonymously or in the name of any other person or in any communication to
the press or in any public utterance, make any statement of fact or opinion.
(i) which has the effect of an adverse
criticism of any current or recent policy or action of the Central or a State
Government;
(ii) which is capable of embarrassing the
relations between the Central Government and a State Government; or
(iii) which is capable of embarrassing the
relations between the Central Government and the Government of any foreign
State.
This rule does not, however, apply to
any statements made or otherwise expressed by a Government servant in his
official capacity or in the due performance of the duties imposed on him.
(Rule 9)
34. Whether the Government servant shall
give evidence in connection with any enquiry conducted by any person, authority
without the sanction of the Government. What are all the exception to this
rule?
No. He should not give any evidence.
The previous sanction of the Government is not necessary in the following cases
-
1.
evidence
given at an enquiry before an authority appointed by the Government, Parliament
or a State Legislature; or
2.
evidence
given in any judicial enquiry; or
3.
evidence
given at any departmental enquiry ordered by authorities subordinate to the
Government.
[Rule 10 (3)]
35. A Government servant while giving
evidence in connection with an enquiry conducted by a committee refers to the
lack of uniformity in the prohibition policy pursued by the Central Government.
Will it be taken as a adverse criticism?
There is no objection to the Government servant tendering evidence before the committee with the sanction of the Government. But reference to the prohibition policy of the Central Government amounts to criticism of Government and hence violates the provisions of Rule 10 (1) of C. C. S. (Conduct) Rules.
36. A Government servant without the
permission of the Government had given evidence before the Administrative
Reforms Commission and thereafter he gave wide publicity to the evidence
tendered by him. Will it be tolerable as per the Conduct Rules?
Under Rule 10 (3) of the C.C.S.
(Conduct) Rules, no permission of the Government or of the Head of the
Department is necessary for giving evidence before the Administrative Reforms
Commission. But evidence tendered before the Commission should not be given
publicity as that amounts to public criticism of Government or unauthorized
communication of information, vide Rules 9 and 11 of the C. C. S. (Conduct)
Rules. The action of the Government servant in giving publicity to the evidence
tendered before the Commission is not order.
(G. I. D. (2) below Rule 10)
37. An official referred to the pay
anomalies in the pay fixation of his own case in his memorandum to the Pay
Commission, and requested the Commission's intervention. Is it in order?
Individual Government servants are free
to submit memoranda to the Pay Commission in their individual capacity. But
individual grievances should not be put to the Commission. Reference in the
memoranda submitted by him to the anomalies in the fixation of his pay amounts
to individual grievance and hence should not have been put to the Commission.
The official's action is not in order.
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