Wednesday, September 25, 2024

1. Moral Turpitude, One owns pay fixation not be referred to Pay Commission. Accepting or demanding dowry, Sub-letting the Government accommodation

 1.    Moral Turpitude means

“In common parlance, the term “moral turpitude” means any act or crime which involves grave infringement of the moral sentiments of the community or the society at large. However, in the case of Baleshwar Singh V District Magistrate AIR 1963 A11 71 Allahabad High Court has defined the term ‘moral turpitude’ as follows: -

“The expression ‘moral turpitude’ is not defined anywhere. But it means anything done contrary to justice, honesty, modesty or good morals. It implies depravity and wickedness of character or disposition of the person charged with the particular conduct. Every false statement made by a person may not be moral turpitude, but it would be so if it discloses witness or depravity in the doing of any private and social duty which a person to his fellowmen or to society in general. If therefore the individual charged with a certain conduct owes a duty either to another individual or to society in general to act in a specific manner or not to so act and he still acts contrary to it and does so knowingly his act must be help to be due to wiliness and depravity. It will be contrary to accepted customary rule and duty between man and man”.

The above definition of term ‘moral turpitude has been accepted by the Hon’ble Supreme Court in the case of Allahabad Bank and another V.Deepak Kumar Bhola 1997(4) SCC 1 as follows:-

 In our opinion the above said observations correctly spell out the true meaning of the expression ‘moral turpitude’.


2.Pay anomalies in one owns pay fixation should not be referred to the Pay Commission.


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.

(G. I. D. (3) below Rule 10)


3. Accepting or demanding dowry?

Rule 13A of Conduct Rules barred Govt. servant, give or take or abet (encourage) the giving or taking of dowry in any form.

4. Sub-letting the Government accommodation allotted to Govt servant is not permissible.

Rule 15A of Conduct Rules prohibits sub-letting of Govt. accommodation allotted to him. It will also attract departmental action vide Dept. OM 11012/2/97-Estt(A), dt.31.12.1997.

5. Limits for Acceptance of Gifts

During Weddings, anniversaries, funeral or religious functions

Other case

Group A – Rs.25000

Group B – Rs.15000

Group C – Rs.7500

Group A – Rs.5000

Group B – Rs.5000

Group C – Rs.2000

(DOPT OM dated 06.08.2019)

Gifts includes

w Free transport

w Free boarding, lodging or any other expenses

[Rule 13 (2) (3)]

Your's Kayveeyes




4 comments:

  1. Great Initiative sir, to help many thousands like me in the Department. Your contributions will remain for generations.

    ReplyDelete