44. Disciplinary action against office bearers of staff associations/unions
• The Staff Side in the National Council (JCM) raised concerns about administrative authorities taking disciplinary action against staff representatives for minor technical lapses, allegedly to victimize them for their union activities.
• Government servants who are office bearers of Staff Associations are subject to the same Conduct and Disciplinary Rules as other government servants.
• If a government servant believes they are being penalized for actions related to their position as a union office bearer, they can directly appeal to the President under Rule 24(3) of the CCS (CCA) Rules, 1965, explaining the connection between the disciplinary action and their union activities.
• If their claim under Rule 24(3) is not accepted and a lower appellate authority decides their appeal, the government servant can still seek a revision of their case by the President under Rule 29 of the same rules.
• The Ministry of Agriculture and other relevant departments are requested to inform all administrative authorities under their control about these rules.
• This information is based on DOPT O.M. No. 35014/2/89-Ests.(A) dated October 10, 1990.
Disciplinary action against office bearers of staff associations/unions
The undersigned is directed to say that the Staff Side in the National Council (JCM) in the meeting held on 28.4.1990, had raised a point that the administrative authorities in some cases take disciplinary action against the representatives of the Staff for some minor lapses of technical nature in their day-to-day work as to victimise them for their activities as the office bearers of the Staff Associations/Unions.
2. The Government servants who are office bearers of the Staff Associations are subject to the provisions of Conduct and Disciplinary Rules like all other Government servants. However, if a Government servant feels that he is being penalised for any act done by him which is directly or indirectly connected with his position as an office bearer of an association, he can prefer an appeal against such action directly to the President in terms of Rule 24(3) of the CCS (CCA) Rules, 1965, bringing forth the reasons which may establish the nexus between the disciplinary action taken against him and his activities as office bearer of an association. If the contention of an office bearer of an association that his case is covered under the provisions of Rule 24(3) ibid is not accepted and his appeal is decided by some lower appellete authority, it would still be open for the Government servant concerned to seek revision of his case by the President in terms of Rule 29 ibid.
3. Ministry of Agriculture, etc., are requested to bring the above rule position to the notice of all administrative authorities under their control.
(DOPT O.M. No. 35014/2/89-Ests.(A) dated 10.10.1990)
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