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3. Representations from Government servants of service matters -advance copies --- DG (P&T) No. 118/52-Ests. dated 30.04.1952

IMPORTANT GOVT ORDERS WITH GIST OF CONTENTS 3  

3. Representations from Government servants of service matters -advance copies

Proper Channel: Government servants should first address their grievances to their immediate superior or the Head of their Office. 

No Premature Appeals: Appeals to higher authorities are only permitted after exhausting all avenues within the lower hierarchy. 

Advance Copies: 

Advance copies of representations to higher authorities (like the President or Ministers) can be submitted through the proper channel.

Higher authorities will examine these copies based on whether all lower avenues have been exhausted and if there are prima facie grounds for interference.

Lower Authority's Input: Higher authorities will typically seek comments and reports from the appropriate lower authority before taking any action. 

Prohibition on Copies to Outside Authorities: Sending copies of representations to authorities not directly involved (e.g., other Ministers, Members of Parliament) is strictly prohibited. 

Exemption: These instructions do not apply to officers of the All India Services.

References 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 all concerned.

2. Whenever, in any matter connected with the service rights of 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 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 refusal relief or ignored or unduly delayed the disposal of the case.  Representations to still higher authorities (i.e. those addressed to the president the Government or to Hon. Ministers) must be submitted through the proper channel (i.e. the Head of Office, etc. concerned).  There will be no objection at that stage, but at that stage, to an advance copy of the representations 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 representations should be ignored or rejected summarily on that ground, the reasons being communicated briefly to the Government servants.  If the Government servant persists in thus prematurely addressing the higher authorities, suitable disciplinary action should be taken against him.

(b) If the advance copy shows clearly that 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 appear, prima facie to exit 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.

(d) 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.

4. Separate instructions exist in respect of officers of the All India services and these instructions do not apply to those officers.

5. It is requested that the above instructions may be brought to the notice of all Government servants.

. (DG (P&T) No. 118/52-Ests. dated 30.04.1952)



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