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    Civil - Services - Code - of - Conduct - & - Misconduct

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    Civil - Services - Code - of - Conduct - & - Misconduct

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    Zarin Lasker
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    Civil_Services_Code_Of _Conduct_&_Misconduct

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    Civil - Services - Code - of - Conduct - & - Misconduct

    Uploaded by

    Zarin Lasker

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    THE CENTRAL CIVIL SERVICES (CONDUCT) RULES 1965 AND CODE OF CONDUCT } Introduction } Scope & application of the Act Code of Conduct Important Definitions General duties of government employees under the Central Civil Services (CCS) Conduct Rules, 1965 Questions Introduction | The Central Civil Services (Conduct) Rules, 1965 hi integrity in public services and to lay down the code of conduct for Central Government ave been laid down to maintain employees. Scope and Application of the Act 1. These rules are called as Central Civil Services (Conduct) Rules, 1964 2. They shall come into force at once. 3. These rules may apply to every person appointed to a civil service oF post in connection with the affairs of the union : Provided that nothing in these rules shalt apply 10 any government servant who is (i) a railway servant as defined in Section 3 of the Indian Railways Act, 1890; holding a post Railway Board. Any post under the administrative control of the Railway Board, an All India servi post in respect of which the president has, by a general or spe that these rules shall not apply like those whose hades ot mensem like in ports, docks, itrigation, mines, factories, ete, apply to any person temporarily transferred 10 a service oF post “IVIL SERVICE f econ 5 CONDUCT tes 1945 sn cooe o con’ - oak, it qed in louse (2) OF the First proviso o wy = i sia I ) sic Principles Or Code of Conduct Employment of honora P fe sone to cly naan SFO st ean econ panne : ee rocavaitabie: al circumstances or when suitable paid employees ‘ 2. Honorary e ployment should be offer 3, Honorary worker works only in administrative powers : 4, Honorary worker should be paid a nominal salary of Re 1 per mfonth in respect of the civil post the duties of which he is required to patie Such nominal salary | must be fixed and specified in the order of appointment . 5, In the case of employment of members of parliament in an honorary eapacity, it #8 Recessary to ensure that such employment does not amount to holding an office of profit under Article 102 (1) (a) of the constitution. 6. All proposals for the employment of honorary workers in civil posts as well as all } Proposals for exceptional treatment in cases in which the Ministry concerned } considers that the requirements of any basic principles should be referred 10 Ministry of Home Affairs for prior concurrence red only to renders of meritorious services advisory matters and not executive, judicial or there is 7. At the time of the appointment, honorary workers should be made clear tl , no obligation for the government to provide them with residential accommodation or any concessions. ain ent 8. A copy of the office Memorandum should be communicated to every honorary worker along with his employment 9, The Central Civil Services (Conduct) Rules, contain specific statutory authority for framing such rules or as terms of the contract, In tegard to the employees of corporate undertakings controlled or partly financed by the Central Government, the Rules would be applied with necessary modifications. 10. Non-official members ise. those employees other than in government service, like in Boards and Committees of Enquiry set up government, may sometimes attach derable importance to their non-official status and prefer it to be maintained ‘membership of such commissions, etc. In such case person so, ‘central civil service or post but paid honoraria. ‘Central Government. fany person appointed by Government to any civil h union affairs. wife or husband, Son op 3. “Members of family” of government servant include, the ated whether by bloog daughter or step-son or step-daughter or any other person Fe OF marriage to the government servant. General Duties of Government Employees under the Central Civil Services (Conduct) rules ity, devotion 1. Every government servant shall a all times maintain absolute integrity; 0 | duty or do nothing which is unbecoming of a government servant: sible steps to for the time p Every government servant holding a supervisory post shall take all a ensure the integrity and devotion to duty of all government servants being under his control 3. Any direction of the official superior should always be given in writing. 4. Any government servant receiving oral direction, shall seek confirmation for the same in writing at the earliest. 5. No Government servant shall in the performance of his official duties act in dis- courteous manner or delay the carrying out of work assigned to him. 6. Every government servant shall act in accordance with the policies of the government regarding marriageable age, cultural heritage, etc. 7. Every goverment servant shall take appropriate steps to prevent sexual harassment 10 any woman at any work place. 8. The government servants should show courtesy and consideration to members of Parliament and of state legislatures. 9. Every officer shall extent best possible help to the members of the parliament in the discharge of their important functions under the constitution. 10, Due attention should be paid to the seating arrangement at public functions of the Members of Parliament. Seats should be blocked for them to remove any enience later ‘of conduct, prohibit any government servant to approach a Member of sponsoring his own case, and state governments specially take care that untouchability in offices and by goverment eee is not Practised. If any government uilty of the practise of untouchability in any form, he will be liable to such conduct on his part will constitute a sufficient ground for in the Rules, that no government employee should play buildings of the office premises..Any person: violating a to disciplinary action. officers to ensure the integrity and devotion to Sis ay THE CENTRAL CIVIL SERVICES (CONDUCT) RULES 1 7 1965 AND CODE blood by all government servants is there. A sey parate machinery for joint consultation has been set up for the same purpose So ae . 15. The Rules state that no government servant shall, in the performance of his official ices duties, act otherwise than in his best judgement exceptwhen he is acting under the direction of his official superior which is in writing es 16, While performing the services, it is laid down in the Rules, that a government servant must be impartial and must not show undue favour or ill will in his official dealings. If he is found to misuse his official position he would render himself liable for disciplinary action for violation of Rule 3 of the Central Civil Services ime (Conduct) Rules, 1964 17. Every government servant is required to act in his best judgement in the performance of his official duties or in the exercise of powers conferred on him. All he government servants should faithfully implement the laid down policies, rules and regulations, in service matters. If the prescribed policies, rules, orders are not adhered to and implemented properly by administrative authorities, ete. litigation on service matters would be reduced | _AZ® Guidelines regarding prevention of sexual harassment of working women in the workplace, (i) Rule 3 of the Central Civil Services (Conduct) Rules, 1964 provides that no a government servant shall indulge in any act of sexual harassment of any women at her workplace. “Sexual harassment” includes such unwelcome sexually determined bel Sto viour, whether directly or otherwise as : (a) physical contract and advances (b) demand or request for sexual favours. (c) any non-verbal or verbal conduct of a sexual nature se (ii) Whether or not such conduct constitutes any offence under law or a breach of the service rules, an appropriate complaint mechanism should be created in the employer's organisation for redress of the complaint made by the victim. (iii) The committee so formed to redress the complaints shall be headed by an officer of higher rank to lend credibility to the investigations. servant shall use his position or influence directly or indirectly to ‘any member of his family in any company or firm. I, as soon as he becomes aware of the acceptance by a an employment in any company or firm, intimate such thority and shall also intimate whether he has or has that company or firm himself or participate in any demonstration interests of the sovereignty and integrity of India or CODE OF CONDUC THE CENTRAL civin services (CONDUCT) RULES 1965 AND DD <= 07 =e th any matte Pertaining to his service ¥ eee 23. ‘No government servant shall employ to, work an although in individual cases, the rute may be relaxed or modi 24. A government servant shal] OF the service of any other gove ; rk any child below the aBe of 14 yeary ified. * strictly abide by law retating 10 intoxicating drinks or drugs not be wnider influence of intoxicants during the course of his duty * not appear ina public place in state of intoxication: The government servant shall, except with the Acquire, dispose of. sale, in his name or name previous sanction of the authority situated ou Mortgage any immovable property (situated Of the family members : overnment 26. No government servant shall, except with the previous sanction of the govern) tside India) (@) “engage directly or indirectly in any trade or business, (b) negotiate for, or undertake, any other employment, or (€) hold an elective office (@) promote any bank or other company 27. No government servant shall, except with the previous sanction of the government oF of the: prescribed authority, ask for or accept contributions to, oF otherwise associate himself with the raising of, any funds or other collections in cash or in Kind in pursuance of any object whatsoever 28. No government servant shall, except with the previous sanction of the goverment. give evidence in connection with any enquiry conducted by any person, committee or authority, In case sanction has been given, no government servant shall criticise the policy or any action of the central or state governmerits Explain the code of conduct as laid down under the Central Civil Services (CCS Conduct Rules. 2. Give the Central Civil Services Rules in detail 3. What is the scope of the Central Civil ‘ervices (conduct) rules 2 the basic principles of Code of Conduct rules as given in Central Civil Conduct Rules. ‘general duties that are to be performed by civil servants ? ent employees participate in any political campaign ? Comment in nee to Central Civil Services (conduct) Rules 1965. terms needed in the Central Civil Services (conduct) Rates. needed regarding prevention of sexual harassment of working lace as mentioned in CSS (conduct) Rules 1965, NEGATIVE DISCIPLINE- MISCONDUCT, CHARGE-SHEET AND DOMESTIC ENQUIRY Introduction 11 Meaning of Misconduct 0 Types of Misconduct = Minor Infraction — Major Infraction = Intolerable Offences ‘Act of Minor Infractions/misconducts Dealing with cases of Minor Infractions Misconducts as per Industrial Dispute Act Acts of Major Misconducts Industrial Employment (standing orders) Act, 1964 and Acts of misconduct The Indian Labour Conference 1957 and code of Discipline — Mutual agreement between Management and Union — Agreement on the part of Management — Agreement on the part of Trade Union 1 Concept of Warning = Oral Warning Written Warning Concept of Charge Sheet omestic Enquiry aoo000 mismanagement or neglect of an official in regards to iinproper or wrong behaviour or unlawful behaviour or ;generic term and can also be specific misconduct like in- ‘etc. Misconduct is a specific word with a specific -slackness from an employee's side. Y EET AND DOMESTIC ENQUIRY ot af 7 ened worker With or without mee reams nesens = enna nee a Feeeeeevcad to some disciptinnsy ne Bit if the frequency of isconduct mt may led to some disciplinary action quency of minor miscor | a aetice the following are the minor infractions ; + (@ Late attendance and absence without leave or without suffi ‘iy Neglect of work, negligence in performing dute ut sufficient cause ; (ii) Distribution or exhibition within the premise newspapers, hand bills, pamphle ie; premises oF any, asaplehies ae management. elS, OF posters without the previous sanctions ¢

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