PROGRAMME ON CONDUCT RULES

(WITH EXAMPLES FROM PROFESSIONAL LIFE)

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Extracts from address of Sardar Vallabhbhai Patel on
21st April, 1947 to the first batch of officers of the
Indian Administrative Service (IAS)

“You are the pioneers in the Indian Service, and the

future of this service will depend much upon the
foundation and traditions that will be laid down by
you, by your character and abilities and by your
spirit of service,”

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ARTICLE 309 FOR REALIZATION OF DREAMS OF
OUR LEADERS AND OUR DREAMS
• ACTS OF APPROPRIATE LEGISLATURE TO REGULATE THE
RECRUITMENTS, AND CONDITIONS OF SERVICE OF
PERSONS APPOINTED TO PUBLIC SERVICES AND POSTS
IN CONNECTION WITH THE AFFAIRS OF UNION OF ANY
STATE.
• PENDING ENACTMENT OF ACT, EXECUTIVE TO FRAME
RULES REGULATING RECRUITMENT AND CONDITIONS
OF SERVICE OF PERSONS APPOINTED TO SUCH
SERVICES AND POSTS
• RULES AND REGULATIONS FRAMED TO HAVE SAME
FORCE AS AN ACT OF PARLIAMENT.
LTC RULES, LEAVE RULES FRAMED UNDER ARTICLE 309 3
 EXPECTATIONS FROM THE PUBLIC SERVANTS
• Integrity, Impartiality, Commitment to public service,
Open accountability, Devotion to duty, Exemplary
behaviour (Code of Ethics – 2nd ARC)
• Integrity, honesty, objectivity, impartiality, transparency,
accountability (Cabinet Secretary letter dated 3rd March,
2010)
• Zero Tolerance to Corruption (India signing UN
Convention Against Corruption in 2011)
• UNDERSTANDING THESE VALUES IN THE CONTEXT OF
RULE 1, 2 & 3 OF CCS (CONDUCT) RULES, 1964
according to which not only Government Servant shall
maintain his integrity but shall have control over his
dependents 4
 OVERVIEW OF CONDUCT RULES BASED ON
INTERACTION WITH THE PARTICIPANTS IN
PREVIOUS SESSIONS & CORE PRINCIPLES
• IN KOLKATA, A SENIOR OFFICER ASKING QUESTION ON TRANSFER
GRANT
• A FEW DAYS AGO, PARTICIPANT ASKED ABOUT NON-RECEIPT OF
APPOINTMENT LETTER BECAUSE OF NCL CERTIFICATE
• ACTIVITIES AFTER OFFICE HOURS (FR 11)
• FUNDAMENTAL RIGHTS OF GOVERNMENT SERVANT AS CITIZENS
OF THE COUNTRY AND RESTRICTIONS IMPOSED UNDER CCS
(CONDUCT) RULES, 1964
• IN THE ABOVE CONTEXT, IMPORTANCE OF PUBLIC SERVANT,
PUBLIC DUTY, PUBLIC INTEREST
• CONDUCT AND VIGILANCE ANGLE
• CONSEQUENCES OF MISCONDUCT
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BE OPEN TO SUGGESTION AND ACQUIRE SUFFICIENT KNOWLEDGE
OF THE FOLLOWING TO HAVE MASTERY ON THE SUBJECT

• INCIDENT RELATING TO DEPARTMENT OF CULTURE – CLAIM

FOR REIMBURSEMENT OF TAXI FARE FOR TRAVEL FROM
AIRPORT TO RESIDENCE
• LESSONS LEARNT – BE OPEN BUT ACQUIRE SUFFICIENT
SHARPNESS, MORE AND MORE KNOWLEDGE AND IN THE
CONTEXT OF CONDUCT RULES :
i. CONSTITUTIONAL PROVISIONS
ii. CCS (CONDUCT) RULES, 1964
iii. COMPLETE KNOWLEDGE OF RULES LIKE FINANCIAL
RULES, MANUALS HAVING RELEVANCE WITH THE
SUBJECT YOU ARE DEALING WITH SO THAT YOU DO
NOT ERR IN PERFORMACNE OF DUTIES
iv. JUDEMENTS OF THE COURT;
AMENDMENT TO RULE 7 CONSEQUENT TO PETITION FILED BY ONE
OF THE INDIVIDUALS
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 In the context of Previous Slide

An incident relating to information I submitted and lesson therefrom

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 RULES PROVIDING CONTINUITY, CLARITY

Rule 23 : Interpretation

Who will interpret the Rules.

How, in case of doubt, a proposal for interpretation has to be sent.

Rule 24 : Delegation of Power

Rule 25 : Repeal and Saving

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JOURNEY THROUGH CONDUCT RULES FOR EASY UNDERSTNDING
OUR RIGHTS AND OBLIGATIONS

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 APPLICABILITY (RULE 1) (importance of understanding GoI
decisions)
Applicable to every person appointed to a civic service or civil post
(including a civilian in Defence Service) in connection with the affairs
of Union)
Exceptions : Members of All India Services and Railway Servant
WHETHER APPLICABLE TO HONORARY WORKERS
• Who can be appointed as Honorary Workers;
• Does Conduct Rules applicable to them?
• Can you give examples of persons of repute who were appointed
as Honorary Workers through you.
• What were tasks given to them i.e. whether advisory or
administrative with powers.
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 APPLICABILITY (RULE 1) (importance of understanding GoI
decisions)

• What Rules say about such assignment.

• Whether Members of Parliament can be appointed in honorary
capacity

G.I. MHA OM No.25/2/50-Ests. (A) dated the 20.6.19510

WHETHER APPLICABLE TO PERSONAL STAFF OF MINISTERS WHOSE

TERM IS CO TERMINOUS WITH THE MINISTER
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 APPLICABILITY (RULE 1) (importance of understanding GoI
decisions)

WHETHER APPLICABLE TO PERSONS APPOINTED TO COMMITTEES,

COMMISSIONS
WHETHER APPLICABLE TO PUBLIC SECTOR UNDERTAKINGS/
AUTONOMOUS ORGANIZATIONS
CONDUCT RULES ON OFFICIALS ON DEPUTATION – WHETHER
RULES OF PARENT ORGANIZATION OR THE ONES WORKING ON
DEPUTATION WILL APPLY?

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 DEFINITIONS (RULE 2)

GOVERNMENT
GOVERNMENT SERVANT
FAMILY

ANY OTHER PERSON ACTING ON BEHALF OF THE GOVERNMENT

SERVANT

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 GENERAL (RULE 3)

Every Government Servant shall at all times

MAINTAIN ABSOLUTE INTEGRITY

MAINTAIN DEVOTION TO DUTY (Recall FR 11)
DO NOTHING WHICH IS UNBECOMING OF GOVERNMENT SERVANT

Who is to judge integrity or unbecoming of government servant and

how this is judged (Will be dealt with separately)

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 Integrity and Applicability of Conduct Rules to Family Members

Why conduct rules should be applicable to Family Members?

Answer : Maintenance of Integrity

In such an event, which Rules should be applicable.

Answer : Rule 13, Rule 13A, Rule 16, Rule 18

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Brother of a Government Servant on return from his foreign trip
Brought a watch and gave it to him.

What precautions brother recipient have to observe when he is a

Government Servant?

What if Brother on foreign visit is also a Government Servant?

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 RULE 13 GIFTS

RESTRICTIONS ON GOVERNMENT SERVANT, FAMILY MEMBERS, ANY

PERSON ACTING ON HIS BEHALF

OCCASIONS PERMITTING ACCEPTANCE OF GIFTS

FROM WHOM GIFTS CAN BE ACCEPTED
VALUES OF GIFTS WHICH CAN BE ACCEPTED ON OCCASIONS SUCH
AS WEDDINGS, ANNIVERSARIES, FUNERAL OR RELIGIOUS
FUNCTIONS.
What is meant by such – Does it mean other occasions?
WHAT IF THE VALUE OF GIFTS PRESCRIBE EXCEED THE LIMITS

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 RULE 13 GIFTS

VALUE OF GIFTS WHICH CAN BE ACCEPTED ON OTHER OCCASIONS

WHETHER SANCTION IS REQUIRED OR SIMPLE INTIMATION ON

SUCH OTHER OCCASIONS.

RS. FIVE THOUSAND IN CASE OF GROUP A & B

RS. TWO THOUSAND IN CASE OF GROUP C&D

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 RULE 16 INVESTMENT, LENDING AND BORROWING
• Speculation in stock, share or other investment not permissible
Exception : Nothing to apply on occasional investments made
through stock broker
• Family members not to make any investment which is likely
embarrass Government Servant in discharge of his official
duties. Restriction also applicable to Government Servant.
• Purchase of shares out of quota for Director falls in above
category
• Govt. Servant or family members or any other person not to
apply for shares in IPO where Govt. Servant is involved in
decision making process;
• Lending borrowing with company with whom Govt. Servant has
official dealings or likely to have dealings to be avoided. 19
 RULE 18 MOVABLE, IMMOVABLE AND VALUABLE PROPERTY

WHAT PRECAUTIONS AN UNDER SECRETARY HAS TO OBSERVE

WHILE PURCHASING A SCOOTER FROM HIS SECTION OFFICER

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 RULE 18 MOVABLE, IMMOVABLE AND VALUABLE PROPERTY

OBLIGATION OF THE GOVERNMENT ON THE FIRST APPOINTMENT

WITH REGARD TO DECLARATION OF ASSETS AND LIABILITIES
SUBMISSION OF ANNUAL RETURN BY GROUP A AND GROUP B
OFFICERS
ACQUISITION AND DISPOSAL OF IMMOVABLE PROPERTY WITH
PREVIOUS KNOWLEDGE
PRIOR SANCTION IN CASE OF DEALING WITH A PERSON HAVING
OFFICIAL DEALINGS
MOVABLE PROPERTY AND PRIOR SANCTION
FIXED DEPOSIT, CHIT FUNDS, INSURANCE POLICY, JEWELLERY,
PRESENTS (GIFTS OR MOVABLE PROPERTY), LOANS (SECURED OR
NOT SECURED) 21
 RULE 18 MOVABLE AND IMMOVABLE PROPERTY

FIXED DEPOSIT, CHIT FUNDS, INSURANCE POLICY, JEWELLERY,

PRESENTS (GIFTS OR MOVABLE PROPERTY), LOANS (SECURED OR
NOT SECURED)

IN A MEETING OF DEPARTMENTAL PARLIAMENTARY STANDING

COMMITTEE, ISSUE WAS RAISED BY MEMBERS OF PARLIAMENT
WITH REGARD TO NON-SUBMISSION OF RETURN BY SENIOR
OFFICERS IN THE CONTEXT OF RULES IN FORCE.

WHAT DO YOU THINK WAS ISSUE WHICH MUST HAVE BEEN RAISED
BY THEM.
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RULE 18A RESTRICTIONS IN RELATION TO ACQUISITION AND
DISPOSAL OF IMMOVABLE PROPERTY OUTSIDE INDIA AND
TRANSACTIONS WITH FOREIGNERS

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RULE 17 – A WORD OF WISDOM

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 Integrity and Rule 4

(Rules amended by the Government)

Why?

Lesson : Government can amend Rules at any time to get what is

expected of a Government Servant.

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DEVOTION TO DUTY AND DO NOTHING WHICH IS UNBECOMING
OF A GOVERNMENT SERVANT

INCIDENT WITH JOINT SECRETARY IN THE MINISTRY OF POWER

(FR 11)

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 SOME EXAMPLES OF RULE 3 (BASED ON GOI ORDERS) :

CAN POLICE CONSTABLE STAND SURETY FOR A HARDENED

CRIMINAL
CAN A PERSON PARTICIPATE IN BIDDING IN AUCTIONS HELD BY THE
DEPARTMENT IN WHICH GOVERNMENT IS WORKING
AN OFFICIAL COMES TO RESIDENCE AFTER 8 PM DAILY – WHETHER
IT IS NEGLECT OF FAMILY BY A GOVERNMENT SERVANT
CAN A GOVERNMENT SERVANT ANNOY HIS WIFE BY NOT GIVING
SMILE TO HIS WIFE
WHAT IF GOVERNMNET SERVANT IS A WIFE AND HUSBAND IN
PRIVATE SECTOR
NEGLECT OF FAMILY BY A COMPASSIONATE APPOINTEE
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 SOME EXAMPLES OF RULE 3 FOR YOUR OPINION (BASED ON GOI
ORDERS) :

NON-MAINTENANCE OF DECORUM DURING TRAINING

LEAVING STATION WITHOUT PERMISSION OF COMPETENT
AUTHORITY I II
WHAT CAN BE CONSEQUENCES OF A GOVERNMENT SERVANT
OBTAINING EMPLOYMENT ON THE BASIS OF FALSE CERTIFICATE
THOUGH NOT OBSERVED AT THE BEGINNINGNON RECEIPT OF
WHAT IF A GROUP D EMPLOYEE REFUSES TO RECEIVE CHARGE
SHEET AS THE SAME IS NOT IN THE LANGUAGE UNDERSTOOD BY
HIM

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 GENERAL (RULE 3) (contd.)

WHAT IF A MARRIED GOVERNMENT SERVANT STARTS LIVING WITH

ANOTHER WOMAN WITH HER CONSENT
IN EXCHANGE OF WORDS BETWEEN A PRINCIPAL AND A TEACHER,
TEACHER SLAPPED PRINCIPAL –
WHO HAS INDULGED IN MISCONDUCT?

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 Rule 3 and following happenings – whose integrity (examples
known and from my professional life)

A casual conductor depositing collection of tickets next day – What

penalty should have been imposed
Dwarka Courts – Dress Code for Female employees
My experience as Regional Director, NCTE – NON SUBMISSION OF
MINUTES OF MEETING.

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 HOW TO RECONCILE FOLLOWING PROVISIONS
Rule 3 (1) : Every Government Servant shall at all times –
(xviii) Refrain from doing anything which is or may be contrary to
law, rules, regulations and established practices;
(xix)Maintain discipline in the discharge of his duties and be liable to
implement the lawful orders duly communicated to him.
Rule 3 (2)(ii) No Government Servant shall, in the performance of
his official duties, or in the exercise of powers conferred on him, act
otherwise than in his best judgement except where he is acting
under the directions of his official superior.
Certain examples : Organization of Netaji Birth Centenary
Celebration;
Letter to Prime Minister Office and subsequent action
Grant of Mega Power Status to a project in Haryana 31
 Comment on the following :

Response on lodging of grievance on receipt of Water Bill

Capacity Building on Poverty Reduction.

Rule 3A – Promptness and Courtesy

Provisions in Manual of Office Procedure :

…… No Government Servant shall keep a case pending with him for more
than seven working days unless higher limits have been prescribed fir
specified types of cases through departmental instructions.

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 PROMPTNESS AND COURTESY – SOME EXAMPLES

• Instructions on dealing with communications from Members of

Parliament
• My claim for inquiry I conducted and report submitted – in what time,
it should have been processed as per Rules.
• An issue with Delhi Development Authority taken up through emails;
• Subsequent to decision on LG Listening Post.

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 Rule 3 B – Observance of Government’s Policies

Defacing of wall for expressing personal sentiments.

A Government Servant driving car emitting pollution

A Government Servant not vacating seats reserved for ladies

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Prohibition of Sexual Harassment of Working Women and your
responsibility as individual or in supervisory capacity

What happens if there is exploitation of man.

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Rule 3 C : Prohibition of Sexual Harassment of Working Women and
your responsibility as individual or in supervisory capacity

Background

Visakha Judgement

Your views on incident in Supreme Court

A prominent leader of a political party denial on having a son out of
relation for some time.
Justification of relation by yet another leader of political party
A.K. Chopra vs. Export Promotion Council
Opinion I formed on the basis of an inquiry from me for finding
connectivity to Karkardooma Court 36
 Rule 3 C : WHAT IS PROHIBITED?

Physical contact and advances; or

….. ………….. …………….. …………………
Any other unwelcome, physical, verbal, non-verbal conduct of a
sexual nature.

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 Rule 3 C : CIRCUMSTANCES DEFINES

IMPLIED OR EXPLICIT PROMISE OF PREFERENTIAL TREATMENT IN

EMPLOYMENT;
IMPLIED OR EXPLICIT THREAT OF DETRIMENTAL TREATMENT IN
EMPLOYMENT;
IMPLIED OR EXPLICIT THREAT ABOUT HER PRESENT OR FUTURE
EMPLOUMENT STATUS;
INTERFERENCE WITH HER WORK OR CREATING AN INTIMIDATING
OR OFFFENSIVE OR HOSTILE WORK ENVIRONMENT FOR HER;
HUMULIATING TREATMENT LIKELY TO AFFECT HEALTH OR SAFETY;
(EXAMPLE OF AN INCIDENT IN MINISTRY OF POWER)

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 Rule 3 C : Prohibition of Sexual Harassment of Working Women
Comment on the following with regard to what we discussed in
previous slide
Act of a Government Servant with colleague
Appreciating dress of female colleague
Appreciating grace on her face with dress she has on
Saying that even Hema Malini or Madhuri Dixit fades in
front of you and Girl’s reaction
A Government Servant talking about his sleeplessness
A Government servant sending friend request on facebook to an
unknown girl
A Government servant commenting photograph on cover page of a
magazine
14 seconds staring 39
WHEHTER MRS. KEJRIWAL COMMITTED GRAVE MISCONDUCT
WHEN HER HUSBAND MR. KEJRIWAL JOINED POLITICS – WHICH
RULE GOVERNS POSITION AND HOW DOES RULE GUIDES A
GOVERNMENT SERVANT

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Rules imposing restrictions and allowing some acts with previous
sanction or permission.

RULE 5 TAKING PART IN POLITICS AND ELECTIONS

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DURING A DEMONSTRATION STAGED BY GOVERNMENT SERVANTS
THEY GHERAOED A SENIOR OFFICER

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RULE 7 DEMONSTRATION AND STRIKES
- WHAT DOES NOW EXIST?

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 Certain acts completely prohibited

Rule 6 : Joining of Association (Who is to decide)

Rule 13A : Dowry

Rule 15A : Sub letting and vacation of Government accommodation

Rule 20 : Canvassing of non official or other influence

Rule 22A : Prohibition regarding employment of children below 14

years of age

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An official in DDA asks me that some one is asking for information
under RTI which, though diarized, is not available on record
- What is rule and who has indulged in misconduct.

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 RULE 11 COMMUNICATION OF OFFICIAL INFORMATION

TO BE READ WITH THE OBLIGATION OF THE GOVERNMENT SERVANT

UNDER RIGHT TO INFORMATION ACT, 2005

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There is a friend of mine who collected subscription for organizing
Jagrata but used the same money for getting a suit for him.

- What Rules he violated?

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 RULE 12 SUBSCRIPTION

TO BE READ IN THE CONTEXT OF CARDINAL PRINCIPLES WHICH THE

GOVERNMENT SERVANT NEEDS TO OBSERVE

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A woman accused an Official in MCD for harassing her which was
not true?

Whether he has protection under Conduct Rules, 1964.

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RULE 19 : VINDICATION OF ACTS AND CHARACTER OF
GOVERNMENT SERVANTS

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RULE 21 : RESTRICTIONS REGARDING MARRIAGE – WITH WHICH
PART OF RULE 3 THIS RESTRICTION IS IMPOSED

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A LADY OFFICER WAS PATTED BY A SENIOR OFFICER IN
DRUNK POSITION.

WHAT ARE RULES FOR CONSUMPTION OF DRINK

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 RULE 22 : CONSUMPTION OF INTOXICATING DRINKS AND DRUGS

Any relation of Rule 22 with Rule 3C or Rule 3 in general

What happens if you have taken a drink at 8 pm
What happens if you have taken a drink at 8 pm and called by your
officer
How to avoid a situation as above
What happens in case you happen to be in a State where there is
total prohibition
What happens in case your wife complains about your excessive
drinking.
What happens in case your wife asks you to join for a drink.
Let us understand Rule 22 carefully so as to avoid misconduct 53
 IMPORTANT GOVERNMENT OF INDIA DECISIONS

Government of India decision 1 (Advisory)

Government of India decision 2 (duty of supervisors)

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 ROLE OF SUPERIORS

ONE OF THE COMPLAINANTS APPROACHING MEMBER-SECRETARY,

MRTP COMMISSION FOR EXPEDITIOUS DISPOSAL OF HIS
COMPLAINT;
THREATENING CALL FROM AN ORGANIZATION ON RELEASE OF
GRANT BASED ON THE OBSERVATIONS OF MINISTER OF HUMAN
RESOURCE DEVELOPMENT;
DEPUTATION AS PART OF DELEGATION TO MINISTRY OF POWER;
APPROVAL TO AGENDA FOR ORGANIZATION OF POWER MINISTERS
CONFERENCE
DELAYED REALIZATION ON HELP REQUIRED TO BE EXTENDED FOR
MY EMPANELMENT AS JOINT SECRETARY TO THE GOVERNMENT OF
INDIA 55
 ROLE OF COLLEAGUES

Institution of inquiry against a colleague who ceased to be Head of

Office.

Ear poisoning of superiors to get favours

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 A few incidents beyond or within rules on the conduct for your
judgement

• A charged officer continues to contact me till receipt of Inquiry

Report
• Under Secretary and Section Officer going together for a training
• What I believed to be a favoured one
• Conduct of an officer in training institution for getting orders for
training allowance.

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 RELATIONS BETWEEN MANUAL OF OFFICE PROCEDURE AND
CCS (CONDUCT) RULES 1964

Dealing with Members of Public - How many advisories have been

sent by the Department of Personnel and Training.

Promptness and Courtesy

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REVIEW

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 SITES AND BOOKS RECOMMENDED FOR FURTHER STUDY

http://persmin.gov.in/
G.B. Singh’s Commentary on CCS Conduct Rules, 1964
Swamy’s Manual on Disciplinary Proceedings

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THANKS

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