Session overview

PAGE Indian Audit and Accounts Department

Courseware on Common Administrative Issues, Reservation Rosters, Vigilance and Disciplinary Proceedings

Session 4.1 and 4.2: The Central Civil Services (Conduct) Rules, 1964.

SESSION OVERVIEW The Central Government has a vast number of civil service employees, comprising of a multiplicity of ranks and cadres, spread over myriad departments and offices. It is paramount that these large numbers of employees are bound by a strict code of conduct and ethics in the course of the discharge of their duties as public servants. Article 309 of the Constitution of India which deals with the matter of recruitment and conditions of service of persons serving the Union or a State, states that, subject to the provisions of this Constitution, Acts of the appropriate Legislature may regulate the recruitment, and conditions of service of persons appointed, to public services and posts in connection with the affairs of the Union or of any State. Thus the responsibility to define Conduct and other Service rules were enjoined on the Government of India in terms of Article 309 of the Constitution.

Government employees are a special type quite distinct from those in the private sector, being charged with the responsibility not only towards the Government, but also towards the public with whom they come into contact in their public dealings. The essence of Government service is the sense of discipline to which all Government employees are subject to and the privileges to which they, in general are entitled. These two aspects are fully covered by two sets of service rules, viz., Central Civil Services (Conduct) Rules, 1964 and the Central Civil Services (Classification, Control and Appeal) Rules, 1965. A Government employee who violates any provisions of the CCS(Conduct)Rules, 1964 can be proceeded against and imposed with, for good and sufficient reasons, any of the penalties mentioned in Rule 11 of the CCS(CCA) Rules, 1965.

LEARNING OBJECTIVE In this session, the learner will learn to correctly understand, apply and enforce the various provisions of the CCS (Conduct) Rules when required to do so without being off-track, arbitrary or subjective. The lesson will aim at building a sound conceptual base of the various provisions of the conduct rules and their appropriate applicability in general and specific cases.

B. CCS (CONDUCT) RULES, 1964 - An Analysis

1. Basic Concept - Government employees are required to adhere to certain standards of conduct both in their official and private capacities. These requirements have been laid down in the Central Civil Service (Conduct) Rules, 1964.

2. The CCS (Conduct) Rules, 1964 is made up of 25 rules. All these are statutory rules within the meaning of Article 309 of the Constitution, and have been clarified where necessary by executive orders in the form of Government of Indias decisions or instructions appended below the relevant rule. The basic rules are Rule 1 and 2 which define2.1 Rule 1 (i) Date Of Effect - The CCS(Conduct) Rules, 1964 were notified by the Government of India, Ministry of Home Affairs on 30th November 1964 and came into effect from the same day.

(ii) Applicability- The CCS (Conduct) Rules, 1964 apply to every person appointed to a Central civil service or post including civilians in the defence services but do not apply to (i) to railways(a) a Railway servant,

(b)) a person holding a post in the Railway Board or of the Financial Commissioner of Railways,

(ii)member of the All India Services,

(iii) a holder of any post of which the President has, by general or special order, directed that that these rules shall not apply. 2.2 Rule 3 - defines the meaning of Government, Government servant, and Members of family.C. ANALYTICAL EXPOSITION OF OTHER RULES OF CONDUCT1. General [Rule 3] - This rule is sweeping in its coverage and is the most operative rule which provides that every Government servant shall at all times:-(i) maintain absolute integrity;

(ii) devotion to duty; and

(iii) do nothing which is unbecoming of a Government servant.

1.1 The fundamental requirement of this rule are integrity, honesty, efficiency and good behaviour of a public servant. Most of the disciplinary proceedings arise out from the breach of this rule. Charge of lack of integrity varies from naked corruption to that of abuse of official position. 1.2 Integrity It is wholesome-uprightness, honesty and purity. Departmental action can be taken against a public servant for serious cases of lack of integrity.

1.3 Devotion to duty A Government servant who habitually fails to perform the task assigned to him, shall be deemed to be lacking in devotion to duty. Every Government servant holding supervisory post is expected to take all possible steps to ensure that his subordinates maintain absolute integrity and devotion to duty as per Rule 3(2).1.4 Conduct unbecoming of a Government servant - Government expects that the conduct of its employees should conform to the ordinary norms of decency and morality prevailing in the society and one should not violate the laws of the land. Government can also demand a certain standard of conduct from its employees even in their private life, not connected with their official duties. Conduct unbecoming of a Government servant is left to the discretion of the Government. The test should be objective and not subjective. A Government servant should not bring discredit to the service. Action can also be taken for the past misconduct committed by the Government servant. Action can be taken for not vacating the Govt. accommodation and misutilising the advance taken from Government or not refunding in time. Even habitual private indebtness will amount to conduct unbecoming of a Government servant.1.5 Moral turpitude It means a conduct against the justice, honesty, modesty or good morals which a man owes to fellowman or to society in general. Moral turpitude depends on the circumstances in each case. Since gunman employed in the Bank was found in possession of illicit liquor, it does affect the character and involves a moral turpitude.

1.6 Rule 3-A It requires a Government servant to perform his official dealings promptly and act in a courteous manner while performing them.

1.7 Rule 3-B It directs a Government servant to act in accordance with the Government policies as regards age of marriage, preservation of environment, protection of wild life & cultural heritage and also to observe policies on prevention of crime against women.1.8 Rule 3-C Prohibition of sexual harassment of working women : It directs a Government servant not to indulge in sexual harassment of working women. Sexual harassment has been defined in the section to include

(i) physical contact and advances;

(ii) demanding sexual favours;

(iii) passing sexually coloured remarks; (iv)showing pornography; or(v) any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.

Gist of some important related Government of Indias orders below Rule 3 1. In view of the importance of maintaining a high standard of integrity by Government servants, no officer who does not have a reputation for honesty should be placed in a position where there is considerable scope for discretion.

[G.I., M.H.A., O.M. No. 41/2/55 (II)-Ests. (A), dated 23rd April, 1955.]

2. Government servants to observe due courtesies and regard in their dealings with MPs/MLAs.

[G.I., Dept. of Per. & Trg., O.M. No. 11013/10/88 )-Ests. (A), dated 23rd June, 1988.]

3. Participation in proselytizing activities or the direct or indirect use of official position and influence in such activities by a Government servant may be treated as good and sufficient reason for taking disciplinary action against him under the CCS(CCA) Rules, 1965.[G.I., M.H.A., O.M. No. 25/50/57 (II)-Ests. (A), dated 15th January, 1958.]

4. Neglect by a Government servant of his wife and family may be regarded as a good and sufficient reason to justify action against him under Rule 11 of the CCS(CCA) Rules, 1965.

[G.I., M.H.A., O.M. No. 25/16/59 (II)-Ests. (A), dated 1st September, 1959.]

5. A Government servant who is found guilty of the practice of untouchability in any form will be considered unfit for public service and disciplinary action will be taken against him.

[G.I., M.H.A., O.M. No. F70/17/61 (II)-Ests. (A), dated 8th December, 1961.]

6. If any compliant is received against any Government servant that he has acted in a discourteous manner or adopted dilatory tactics in his dealings with the public and if it is established that he has so acted, deterrent a prompt action should be taken against him.

[G.I., M.H.A., O.M. No. 14/9/66(II)-Ests. (A), dated 3rd August, 1961.]

7. Government servants to observe proper decorum during the lunch-break; playing games beyond the prescribed lunch hour and playing cards in the open to be discouraged. [G.I., M.H.A., D.O. No. 15/45/67 SSO, dated 11th August, 1967.]

8. Posters/notices can be displayed by the recognised associations on notice boards in the office premises with the permission of the competent authority at the places specified for this purpose. This facility so provided to recognised associations/unions does not confer on individual Government servants or their associations/unions any right to display posters/notices on the walls, doors, windows, etc. of the office premises. Government servants who affix or display posters/notices or are responsible for the display of such notices in violation of these instructions would be rendering themselves liable to appropriate action.9. Failure to obtain permission from competent authority before leaving station/headquarters (while applying for, or on leave) is to be viewed seriously and may entail disciplinary action.[DOPT O.M.. No. 11013/7/94-Estt.(A) dated 18.05.1994]2. Employment of near relatives of Government servants in companies or firms [Rule 4]

2.1 This rule requires that no Government servant shall use his official position or influence to secure employment from any firm or company. A Group A officer shall not permit his son or daughter to accept any employment in any company with which he has official dealings. The employment may be accepted provisionally subject to the permission of the government.

2.2 Further, he shall not sign or deal with any contract with a firm in which his son or daughter is working. Government servants, except Group D employees, shall furnish information, on the first appointment, stating the occupation of their close relations employed in public undertaking or private firms. Close relations for this purpose will include parents, spouse, children, brothers and sisters. Suppression of this information would render him liable for disciplinary action.GOI decision below Rule 41. All employees (except Group D) under the Government of India on first employment should furnish information in respect of their close relations (father, mother, wife/husband, sons/daughters/ brothers/ sisters - resident and non-resident) in the prescribed pro forma. Suppression of information in this pro forma is a major departmental offence for which the punishment may extend to dismissal from service. The pro forma is to be kept in the ACR dossier of the employee concerned.[G.I., M.H.A., O.M. No. F.3/12/(S)/64-Ests.(B) dated 12.10.1965]3. Taking part in politics and elections [Rule 5]

3.1 The CCS(Conduct) Rules lay down that

(i) No Government servant shall be a member, or be otherwise associated with, any political party or any organisation which takes part in politics nor shall he take part in, subscribed in aid of, or assists in any other manner, any political movement or activity.

(ii) It shall also be the duty of every Government servant to prevent the members of his family from taking part in, subscribing in aid of, or assisting in any other manner any movement or activity tending directly or indirectly, subversive or the Government as by law established.

(iii) If any question arises whether a party is a political party or whether any organisation takes part in politics or whether any movement is subversive of Government as by law established, the decision of the Government shall be final.

(iv) No Government servant shall canvass or otherwise interfere with, or uses influence in connection with or take part in an election.

Note: The display by a Government servant on his person, vehicle or residence of any electoral symbol shall amount to using his influence.

Gist of some related decisions of GOI under Rule 51. It is the duty of the Government servant who wishes to join, or take part in the activities of any association/organisation to satisfy him that its aims and activities are not of such nature as are likely to be objectionable under Rule 5. The responsibility for the consequences of his decision rests squarely on his shoulders and a plea of ignorance or misconception would not be tenable.

[M.H.A., O.M. No. 25/44/49-Ests.(A) dated 17.09.1949]2. Attendance at meetings organised by a political party would always be contrary to Rule 5 unless the meeting (i) is a public meeting; (ii) it is not held contrary to any prohibitory order or without permission; (iii) the Government servant does not speak or take a prominent part in the meeting.[G.I., C.S. (Dept. of Per.), O.M. No. 25/4/73-Ests. (A), 17-2-1973]

3. Government servants desirous of joining foreign language classes conducted by Indo-Foreign cultural organisations should obtain prior permission from competent authority.[M.H.A., O.M. No. 25/40/65-Ests.(A) dated 18.05.1966]4. It is essential that Government servants should not only maintain political neutrality but should also appear to do so. They should not participate in the activities of, or associate themselves with any organisation where there is the slightest reason to think that the organisation has a political aspect.[M.H.A. O.M. No. 6/6/69-Ests.(B) dated 18.07.1969]5. No previous sanction of the Government is required for a Government servant to undertake honorary work of a social /charitable nature but he should discontinue taking part in such activities, if so directed by the Government. Prior permission is essential only if the Government servant seeks to hold an elective office. Further, while Government servants are free to profess and practice any religion in their private lives, they should so conduct themselves in public as to leave no room for any impression that they do not subscribe to the secular philosophy of the State. Some of the organisations and movements claiming to aim at social and religious reforms may have some attributes of sectarian or communal nature. The responsibility for the consequences of the decision to join any organisation and participating in its activities will rest with the employee himself. A Government servant who wishes to join any organisation or association should therefore, satisfy himself that its activities and objectives are not of such a nature to attract action under any of the provision of the Conduct Rules.[DOPT O.M.. No. 11013/5/88-Estt.(A) dated 11.07.1988]

4. Joining of associations by Government servants [Rule 6]

4.1 This rule stipulates that no Government servant shall join, or continue to be a member of, an association the objects and or activities of which are prejudicial to the interests of the sovereignty and integrity of India or public order or morality.

GOI decision below Rule 61. Action for alleged violation of Rule 6 can be taken by a disciplinary authority only when an authority not below the level of the Head of Department has decided that the objects or activities of the Association concerned are such as would attract Rule 6 ibid.[M.H.A., Deptt. Of Personnel & A.R. No. 11013/2/77-Estt.(A) dated 07.06.1978]

5. Demonstrations and strikes by Government servants [Rule 7]

5.1 Rule 7 of the Conduct Rules lays down that no Government servant shall

(i) engage himself or participate in any demonstration which is prejudicial to the interests of the sovereignty and integrity of India, the security of the State, friendly relation with foreign states, public order, decency or morality or which involves contempt of court, defamation or incitement to an offence, or

(ii) resort to or in any way abet any form of strike or coercion or physical duress in connection with any matter pertaining to his service or the service of any other Government servant.

GOI decisions below Rule 71. Strikes Interpretation of what constitutes a strike under the conduct Rules. Strike means refusal to work or stoppage or slowing down of work by a group of employees acting in combination, and includes

(i) mass absentation from work without permission (which is wrongly described as mass casual leave);

(ii) refusal to work overtime where such overtime work is necessary in the public interest;

(iii) resort to practices or conduct which is likely to result in, or results in the cessation or substantial retardation of work in any organisation. Such practices would include, what are called go-slow, sit-down, pen-down stay-in, sympathetic or any other similar strike; as also absence from work for participation in a Bandh or any similar movements.

2. Government servants who resort to action of the above kind violate rule 7 of the Central Civil Services (Conduct) Rules, 1964 and disciplinary action can be taken against them. It may be noted that the list of activities which are covered under the definition of strike as enumerated above is only illustrative and not exhaustive.

[M.H.A., O.M. No. 25/23/66-Ests.(A), dated 09.12.1966]

3. Participation in Gherao by Central Government servants Instances have come to the notice of Government in which employees of certain Central Government offices staged which is called Gherao, involving forcible confinement of public servants within office premises by surrounding their places of duty and have held demonstrations/ meetings both within office premises during office hours and also outside the office premises beyond office hours, tending to forcible confinement of public servants within office premises. Such demonstrations/activities are prejudicial to public order and also involve criminal trespass or incitement to commit offences. They are also subversive or discipline and harmful to the public interest, and participation in them by Government servants and would constitute good and sufficient reason within the meaning of Rule 11 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. It has, therefore, been decided that a serious view should be taken of such acts of lawlessness and insubordination on the part of public servants. The Central Government Departments are advised to take action on the following lines in such cases

(i) Disciplinary action should be taken against the prominent participants in the Gherao for contravention of Rules 3 and 7 of the Central Civil Services (Conduct) Rules, 1964. In the charge-sheet to be served in pursuance of such disciplinary action, it should be specified to the extent that the facts justify, that demonstrations prejudicial to public order and involving criminal offences, namely, wrongful restraint, wrongful confinement, criminal trespass and incitement to such offences, have been held that such conduct was subversive of discipline and harmful to the public interest; and that the conduct was wholly unbecoming of a Government servant.

(ii) Absence from work on account of participation in Gherao, should in all cases be treated as unauthorised absence involving break in service. The absence should not be regularised as leave of any kind.

(iii) Whenever there is a case of Gherao, wrongful restraint, wrongful confinement or criminal trespass or of any other cognizable offence, a written report should be made to the Officer-in-charge of the Police Station having jurisdiction, requesting him to register the offence and to take action under the law. The names of the offenders should be included in the written report. Copies of the report should be endorsed to the Police Commissioner/ Superintendent of Police and the Home Secretary to the State Government concerned for necessary action according to law.

(iv) If, notwithstanding the mandatory provisions of the Criminal Procedure Code, Police takes no action on such a report, action should be taken promptly to file a complaint before the appropriate Magistrate in respect of the substantive offences under the Indian Penal Code or other law. In certain circumstances a petition could be filed before the High Court for issue of appropriate writ, but this should be done after taking legal advice.[G.I. M.H.A., O.M. No. 25/S.11/67-Ests.(A), dated the 13th April, 1967]

6. Connection with Press or other media [Rule 8]

6.1 No Government servant, except with the previous sanction of the Government, is permitted to own wholly or in part or conduct or participate in the editing or management of, any newspaper or other periodical publications or electronic media. This however, will not apply in case of Government servant who in the bona fide discharges of his official duties, publishes a book or participates in a public media.

6.2 A Government servant publishing a book or participating in a public media is required to make it clear that the views expressed by him are his own and not that of the Government.

GOI decision below Rule 81. Participation in A.I.R. programmes and receiving of honorarium thereof permission not necessary.

7. Criticism of Government [Rule 9]

7.1 Rule 9 of the Conduct Rules stipulates that no Government servant shall, in any radio broadcast, telecast through any electronic media or in any document published in his own name or anonymously, pseudonymously or in the name of any other person or in any communication to the press or in any public utterance, make any statement of fact on opinion

(i) which has the effect of an adverse criticism of any current or recent policy on action of the Central or State Government;(ii) which is capable of embarrassing the relation between the Central Government and the Government of any State;

(iii) which is capable of embarrassing the relations between the Central Government and the Government of any foreign State.

GOI instructions below Rule 91. Instances have come to notice of Service Associations of Government employees-(i) Passing resolutions/ making statements and/or expressing opinion on issues which involve violation by the individual employee of the Rule 9 of the Conduct Rules. In such cases, disciplinary action to be initiated by calling for explanation from those individuals who are signatories or parties to the resolutions if they are serving Government employees.[M.H.A., O.M. No. 25/5/68-Ests.(A) dated 17.01.1968.]

2. It is reiterated that signatories or parties to resolutions, etc., passed by service associations/unions/federations which violate against the provisions of Rule 9 would render themselves liable to disciplinary action.[G.I., Cabinet Secretariat, Dept. of Personnel No. 25/4/72-Ests.(A) dated 18.02.1972]

8. Evidence before Committee or any other authority [Rule 10]

8.1 No Government servant is permitted, except with the previous sanction of the Government, to give evidence in connection with any inquiry conducted by any person, committee or authority.8.2 Where a Government servant gives evidence with previous sanction of the Government, he shall not criticise the policy or any action of the Central Government or of a State Government.

GOI instructions below Rule 101. The above will not apply to Government servants who appear before the Pay Commission on behalf of service associations, provided they are so authorised by the associations. There is also no objection to individual Government servants submitting Memoranda etc. to the Pay Commission, in their individual capacity, provided that individual grievances are not pt before the Commission.

[G.I, D.P.& A.R., O.M. No. 11013/16/83-Estt.(A) dated 16.11.1983]

9. Unauthorised communication of information [Rule 11]

9.1 No Government servant shall, except in accordance with any general or special order of the Government or in the performance in good faith of the duties assigned to him; communicate directly or indirectly, any official document or any part thereof or information to any Government servant or any other person to whom he is not authorised to communicate such document or information.

Explanation: Quotation by a Government servant (in his representation to the Head of Office/Head of Department/President) of or from any letter, circular, memorandum and notes from files which he is not authorised to have access/keep in his personal custody will amount to unauthorised communication of information within the meaning of Rule 11.

Gist of some related GOI instructions below Rule 111. It is not necessary to disclose the identity of the superior officer who made adverse remarks in the annual confidential report of a Government servant. If, however, in a particular case, it is considered necessary to disclose the identity of the superior officer, the authority dealing with the representation may at his discretion allow the identity to be communicated. 2. It is the duty of all Government servants to safeguard the security of all classified information to which they have access in the course of their official duties.10.Subscriptions [Rule 12]

10.1 No Government servant shall except with the previous sanction of the Government or of the prescribed authority, ask for or accept contributions to, or otherwise associate himself with the raising of any funds or other collections in cash or in kind in pursuance of any object whatsoever.Gist of some related GOI decisions

1. Government servants should not sponsor the raising of funds from the public for any purpose whatsoever. Mere payment of a subscription to some charitable or benevolent fund would not, by itself, amount to the participation in the raising of such fund.[G.I., M.H.A., O.M. No. 24/50/55-Ests. dated 10.08.1955]

2. The members of a service association can freely collect subscription among themselves for welfare activities of the association. So long as their appeal is confined to the members, no permission need be sought. If any approach is made to the public, directly or indirectly, such permission is necessary.

Exceptions:-(i) Flag day collections exempted [G.I., M.H.A., Memo No. 25/33/55-Ests. dated 31.10.1955]

(ii) Central Government servants allowed to participate in the fund raising efforts of the national Foundation for Communal Harmony on a voluntary basis.[G.I., DOPT, O.M. No. 11013/9/95-Estt.(A) dated 02.11.1995]

11.Gifts [Rule 13]

11.1 Except as provided in the Conduct Rules, no Government servant shall accept, or permit any member of his family or any other person acting on his behalf to accept, any gift.

Explanations:

(i) Gift includes free transport, boarding, lodging or other service or any other pecuniary advantage when provided by any person other than a near relative or personal friend having no official dealings with the Government servant.

(ii) A casual meal, lift or other social hospitality shall not be deemed to be a gift.

(iii) A Government servant shall avoid accepting lavish hospitality or frequent hospitality from any individual, industrial or commercial firms, organisations, etc., having official dealings with him.(iv) On occasions such as weddings, anniversaries, funerals or religious functions, when giving/receiving gifts is in conformity with the prevailing religious and social practice, a Government servant may accept gifts from his near relatives or from his personal friends having no official dealings with him, but shall make a report to the Government, if the value of such gift exceeds

(a) Rs. 5,000 - Government servant holding any Group A post;

(b) Rs 3,000 - Government servant holding any Group B post;

(c) Rs. 1,000 - Government servant holding any Group C post and

(d) Rs. 500 - Government servant holding any Group D post.

(v) In any other case, a Government servant shall not accept any gift without the sanction of the Government if the value thereof exceeds

(a) Rs. 1,000 Government servants holding any Group A or Group B post; and

(b) Rs. 250 - holding any Group C or Group D post.

12. Dowry [Rule 13A]

12.1 As regards dowry, the Conduct Rules lay down that no Government servant shall- (i) give or take or abet the giving or taking of dowry;

(ii) demand directly or indirectly, from the parent or guardian of a bride or a bridegroom, as the case may be, any dowry.12.2 Up till 1961, dowry was regarded as a customary gift which the Government servant could accept without prior sanction. As per the section dowry is no longer treated as a customary gift in the context of the provisions of the Dowry Prohibition Act, 1961.GOI decision below Rule 13-A

1. Any violation of the provision of Dowry Prohibition Act, 1961 by a Government servant will constitute a good and sufficient reason for institution of disciplinary proceedings against him in addition to such legal action as may be taken against him in accordance with the provisions of the Act.

[G.I., M.H.A., O.M. No. 25/37/65-Ests.(A) dated 30.08.1965]

13.Public Demonstrations in honour of Government servants [Rule 14]

13.1No Government servant shall, except with the previous sanction of the Government, receive any complimentary or valedictory address or accept any testimonial or attend in a meeting or entertainment held in his honour; or in the honour of any other Government servant. However, this will not apply to -

(i) a farewell entertainment of a substantially private and informal character held in honour of a Government servant or any other Government servant on the occasion of his retirement or transfer of any person who has recently quitted the service of any Government;

(ii) the acceptance of simple and inexpensive entertainment arranged by public bodies or institutions.

GOI clarification below Rule 14 1. Government servants should not be allowed to accept awards or monetary benefits instituted by private trusts/foundations etc.

[G.I., DOPT., O.M. No. 11013/2/99-Estt.(A) dated 17.02.2000.]14. Private trade or employment [Rule 15]

14.1 No Government servant shall, except with the previous sanction of the Government -(i) engage directly or indirectly in any trade or business; (ii) negotiate for, or undertake, any other employment;

(iii) hold an elective office, or canvass for a candidate or candidates for an elective office, in any body, whether incorporated or not;(iv) canvass in support of any business of insurance agency, commission agency, etc., owned or managed by any member of his family;(v) take part except in the discharge of his official duties, in the registration, promotion or management of any bank or other company registered or required to be registered, under the Companies Act, 1956 or any other law for the time in force or of any co-operative society for commercial purposes; (vi) participate in or associate himself in any manner in the making of -(a) a sponsored media (radio or television programme); (b) a media programme commissioned by a Government media but produced by a private agency; (c) a privately produced media programme including video magazine.

14.2 A Government servant may, without the previous sanction of the Government undertake -(i) honorary work of a social or charitable nature;(ii) occasional work of a literary, artistic or scientific character;(iii) participate in sports activities as an amateur;

(iv) take part in the registration, promotion or management (not involving the holding of an elective office) of a literary, scientific or charitable society or of a club or similar organisation, the aims or objects of which relate to promotion of sports, cultural or recreational activities, registered under the Societies Registration Act, 1860 or any other law in force;

(v) take part in the registration, promotion or management (not involving the holding of elective office) of a co-operative society substantially for the benefit of Government servants, registered under the Co-operative Societies Act, 1912 /or any other law in force;Provided that

(i) he shall discontinue taking part in such activities, if so directed by the Government; and

(ii) his official duties shall not suffer thereby and he shall, within a period of one month of his taking part in such activity, report to the Government giving details of the nature of his participation.

14.3 Every Government servant shall report to the Government if any member of his family is engaged in a trade or business or owns or manages in insurance agency or commission agency.

14.4 Unless otherwise provided by general or special orders of the Government, no Government servant may accept any fee for any work done by him for any private or public body or any private person without the sanction of the prescribed authority.

GOI decisions below Rule 151. Permission to participate in the AIR programmes and to receive honorarium there from Permission not required if the broadcasts are purely literary, artistic or scientific character and in such cases, permission is also not necessary for Government servants to receive honorarium. In cases where permission to broadcast is necessary, such permission, if given, should be taken to carry with it also the sanction to receive the honorarium.[G.I., M.H.A. O.M. No. 25/32/56-Ests.(A) dated 15.01.1957.]

2. Acceptance of part-time employment

of Examiner-ship of examination papers set by recognised Universities Since offers of Examiner-ship are generally of a casual nature, occurring once or twice a year, there is no objection to giving permission in such cases.[G.I., M.H.A., O.M. No. 25/5/56-Ests.(A) dated 06.09.1957 .]

3. Acceptance of part-time employment of Government servants after office hours ordinarily not to be allowed.[G.I., M.H.A., O.M. No. 25/42/58-Ests. (A), dated 16.10.1958.]

15.Sub-letting and vacation of Government accommodation [Rule 15-A]15.1 No Government servant can sub-let, lease or otherwise allow occupation by any other person of Government accommodation which has been allotted to him.

15.2 A Government servant shall, after the cancellation of his allotment of Government accommodation vacate the same within the time-limit prescribed by the allotting authority.

GOI decision below Rule 15-A1. Where a Government servant has been found guilty of letting out/sub-letting the Governmental accommodation allotted to him/her, the disciplinary authority must take suitable departmental disciplinary action under the disciplinary rules for imposition of a suitable penalty on grounds of unbecoming conduct involving violation of Rule 3(1) (iii) of the Conduct Rules.

[G.I., DOPT., O.M. No. 11013/14/85-Estt.(A) dated 06.03.1986 and DOPT. O.M. No. 11012/2/97-Estt.(A) dated 31.12.1997.]

16.Investments, lending and borrowing [Rule 16]

16.1 No Government servant shall -(i) speculate in any stock, share or other investments. This shall not apply to occasional investments made through stock brokers and the like. Frequent purchase or sale or both, of shares, securities or other investments shall be deemed to be speculation;

(ii) make, or permit any member of his family or any person acting on his behalf to make, any investment which is likely to embarrass or influence him in the discharge of his official duties;

(iii) either himself or through any member of his family or any other person acting on his behalf

(a) Lend or borrow or deposit money, as a principal or an agent, to, or from or with, any person or firm or private limited company.

(b) Lend money to any person at interest or in a manner whereby return in money or in kind is charged or paid.

GOI decisions below Rule 161. Instances have come to notice of the Government where certain Government servants have entered into transactions regarding moveable/immoveable property without the previous sanction of the prescribed authority and they have afterwards sought ex-post-facto sanction. Such a procedure renders the provision of the rules completely ineffective and defeats the purpose for which the rules have been framed. Government servants concerned should, therefore, adhere to the provisions of the rules strictly and obtain the sanction of the prescribed authority, wherever necessary, before entering into such transactions.[G.I., M.H.A., O.M. No. 25/25/61/Estt.(A) dated 26.06.1961.]

2. All officers should be advised not to approach their subordinates for standing surety for loans taken from private sources either by them or by their relatives or friends.[G.I., M.H.A., O.M. No. 25/25/61/Estt.(A) dated 26.06.1961.]

17.Insolvency and habitual indebtedness [Rule 17]17.1A Government servant shall manage his private affairs by avoiding habitual indebtedness or insolvency. If any legal proceeding is instituted for recovery of any debt due from him or for adjudging him as an insolvent, he shall forthwith report the full facts of the legal proceedings to the Government.

18.Movable, immovable and valuable Property [Rule 18]18.1 Every Government servant is required on his first appointment to any service or post submit a return (format of returns prescribed vide Cabinet Sectt, DOP OM No. 25/7/65-Ests(A) dated 08.01.1973)of his assets and liabilities giving full particulars of

(i) the immovable property inherited by him, or owned or acquired by him or held by him on lease or mortgage, either in his own name or in the name of any member of his family or in the name of any other person.

(ii) shares, debentures and cash including bank deposits inherited by him or similarly owned acquired or held by him.

(iii) other movable property inherited by him or similarly owned, acquired or held by him and

(iv) debts and other liabilities incurred by him directly or indirectly.

18.2 No Government servant shall accept without the previous knowledge of the prescribed authority acquire or dispose off any immovable property by lease, mortgage, purchase, sale, gift or otherwise either in his own name or in the name of any member of his family.

19.Restrictions in relation to acquisition and disposal of immovable property outside India and transactions with foreigners, etc. [Rule 18A]19.1 No Government servant shall, except with previous sanction of the prescribed authority

(i) acquire, by purchase, mortgage, lease, gift or otherwise, either in his own name or in the name of any member of his family, any immovable property situated outside India;

(ii) dispose of, by sale, mortgage, gift or otherwise or grant any lease in respect of any immovable property situated outside India which was acquired or is held by him either in his own name or in the name of any member of his family;

(iii) enter into any transaction with any foreigner, foreign Government, foreign organisation or concern,-

(a) for the acquisition, by purchase, mortgage, lease, gift or otherwise, either in his own name or in the name of any member of his family, any immovable property;

(b) for the disposal of, by sale, mortgage, gift or otherwise, or the grant of any lease in respect of any immovable property which was acquired or is held by him either in his own name or in the name of any member of his family.

20.Vindication of acts and character of Government servant [Rule 19]20.1 No Government servant shall, except with the previous sanction of the Government, have recourse to any Court or to the Press for the vindication of any official act which has been the subject-matter of adverse criticism or an attack of a defamatory character.

Provided that(i) if no such sanction is received by the Government servant within a period of three months from the date of receipt of his request by the Government, he shall be free to assume that the permission as sought for has been granted to him.

20.2 Nothing in this rule shall be deemed to prohibit a Government servant from vindicating his private character or any act done by him in his private capacity and where any action for vindicating his private character or any act done by him in private capacity is taken, the Government servant shall submit a report to the prescribed authority regarding such action.

GOI decisions below Rule 19

1. Conviction of Government servants requirement regarding intimation to departmental superiors. It shall be the duty of a Government servant who may be convicted in a criminal court, to inform his official superiors of the fact of his conviction and the circumstances connected therewith, as soon as it is possible for him to do so. Failure on the part of any Government servant so to inform his official superiors will be regarded as suppression of material information and will render him liable to disciplinary action on this ground alone, apart from the penalty called for on the basis of the offence on which his conviction was based.

2. Government servants seeking redress in Courts of Law of their grievances arising out of their employment or conditions of service instructions thereof:(i) Government servants seeking redress of their grievances arising out of their employment or conditions of service should, in their own interest and also consistently with official propriety and discipline, first exhaust the normal official channels of redress before they take the issue to a court of law.(ii) Where, however, permission to sue Government in a court of law for the redress of such grievances is asked for by any Government servant either before exhausting the normal official channels of redress or after exhausting them, he may be informed that such permission is not necessary.

21.Canvassing of non-official or other outside influence [Rule 20]21.1No Government servant shall bring or attempt to bring any political or other outside influence to bear upon any superior authority to further his interests in respect of matters pertaining to his service under Government. GOI decisions below Rule 201. Representation of service matters by relatives should be discouraged No notice should be taken of a representation on service matters submitted by a relative of a Government servant. The only exception may be cases in which because of the death or physical disability, etc. of the Government servant, it is impossible for the Government servant himself to submit a representation.[G.I., M.H.A., O.M. No. F25/21/63-Ests.(A), dated 19.09.1963.]

2. Prohibition on bringing any political or outside influence in respect of matters pertaining to service under the Government - Rule 20 of CCS(Conduct) Rules, 1964 provides that no Government servant shall bring or attempt to bring any political or other outside influence to bear upon any superior authority to further his interest in respect of matters pertaining to his service under the Government. Instructions have been issued from time to time bringing to the notice of all Government servants the aforesaid rule provisions. Instances have come to notice where individual Government servant have approached the Ministry of Urban Development (Directorate of Estate) for out of turn allotment of residential accommodation, or for a departure from the allotment rules through Members of Parliament, prominent persons, politicians etc. Since the allotment of Government accommodation to a Government servant is made only because of his service under the Government, such canvassing for out of turn allotment through MPs and other political persons etc. constitutes a violation of the provisions of Rule 20 of the CCS(Conduct) Rules, 1964. The Government servants are, therefore, advised to refrain from such practice. They should not bring or attempt to bring any political or other out side influence to further their interests in respect of matters pertaining to their service under the Government, including allotment of residential accommodation.

[G.I., DOPT., O.M. No. 11013/6/90-Estt.(A), dated 30.03.1990.]

3. Procedure for dealing with the Government servants attempting to further their service interests through non-Governmental influence-instructions with reference to rule 20 of the CCS(Conduct) Rules, 1964 Rule 20 of the CCS(Conduct) Rules, 1964 provides that no Government servant shall bring or attempt to bring any political or other outside influence to bear upon any superior authority to further his/her service under the Government. The Government of India has, from time to time, emphasized that Government servant should not approach Members of Parliament or State Legislatures or other political/outside authorities to sponsor their cases in respect of service matters. As per OM No. 11013/7/85-Estt.(A), dated 22.05.1985, the following action should be taken against Government servant approaching Members of Parliament or State Legislatures for sponsoring individual cases.

4. A Government employee violating the aforesaid provisions of the Conduct Rules for the first time should be advised by the appropriate disciplinary authority, to desist from approaching Members of Parliament/ Members of State Legislature to further his/her interest in respect of matters pertaining to his/her service conditions. A copy of this advice need not, however, be placed in the CR dossier of the employee concerned.

5. If a Government employee is found guilty of violating the aforesaid provisions of the Conduct Rules a second time despite the issue of advice on the earlier occasion, a written warning should be issued to him/her by the appropriate disciplinary authority and a copy thereof should be placed in his/her CR dossier.

6. If a Government employee is found guilty of violating the aforesaid provisions of the Conduct Rules, despite the issue of warning to him/her, disciplinary action should be initiated against him/her by the appropriate disciplinary authority under the provision of CCS(CCA) Rules, 1965.

7. In spite of the above instructions, cases of individual Government servants continue to be sponsored by public representatives/outside authorities. After careful consideration of all aspects of the matter it has been decided that the following procedure may be adopted for dealing with communications from public representatives/outside authorities relating to the service matters of Government employees:

(i) Communications received from public representatives regarding problems of groups/categories of Government functionaries must be entertained and dealt with on a time-bound basis. In all such cases, after due examination, appropriate replies would continue to be issued at the level of the Minister concerned.

(ii) All communications from public representatives relating to the grievances of the retired personnel should receive the same consideration and be dealt with in the same way as outlined in (i) above.

(iii) In cases in which a public representatives sponsors the cause of an individual Government servant (e.g. recruitment, appointment, promotion, posting to particular station, appointment to a specific position, complaints against super session, expunction of adverse remarks, allotment of Government accommodation, etc.) a formal reply should continue to be sent from the Minister acknowledging the receipt of the communication stating that the contents of the letter have been noted and where necessary, suggesting that the person whose case has been recommended, may be advised to represent his case through proper official channels. All such communications addressed to the Minister shall be replied to at, his/her level. In all such cases the formal reply given by the Minister shall be deemed to dispose of the communication unless there are further directions from the Minister in the matter.[G.I., DOPT., O.M. No. 11013/12/94-Estt.(A), dated 12.01.1995.]8. Canvassing of non-official or other outside influence by Government servants - Bringing or attempting to bring any political or other outside influence by a Government servant to bear upon any superior authority to further his interest in respect of service matters pertaining to his service under the Government is prohibited under the prohibited under the provisions of the Conduct Rules. Detailed procedure for dealing with the Government servants attempting to further their service interests through non-Governmental influence has been prescribed in DOPTs OM No. 11013/12/94-Estt.(A) dated 12.01.1995.

9. In spite of these instructions, certain Government servants are still bringing to bear outside influence indirectly to further their service interests. It is clarified that bringing of indirect influence by Government servant would also attract the provisions of rule 20 of the CCS(Conduct) Rules, 1964.

[G.I., DOPT., O.M. No. 11013/11/97-Estt.(A), dated 06.11.1997.]

10. Representation from Government servants on service matters -It has been envisaged in the Ministry of Home Affairs OM No. 118/52-Ests. Dated 30th April 1952, that whenever, in any matter connected with his service rights or 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. Despite this, it is observed that there has been a tendency on the part of officers at different levels to by-pass the prescribed channels of representation and write directly to the high functionaries totally ignoring the prescribed channels. The problem is more acute in large Departments where often very junior employees at clerical levels address multiple representations to the Minister, Prime Minister and other functionaries. Apart from individual representations, the service unions have also developed a tendency to write to the Ministers and Prime Minister on individual grievances. Some of these representations are often forwarded through Members of Parliament, in violation of Rule 20 of the CCS(Conduct) Rules, 1964.

11. Existing instructions clearly provide that representations on service matters should be forwarded through proper channel. The stage at which an advance copy of the representation may be sent to higher authorities has also been indicated. In MHA OM No. 25/34/68-Estt.(A), dated 20.12.1968, time limits for disposal of various types of representation have been prescribed. If it is anticipated that an appeal or petition cannot be disposed of within a month of its submission, an acknowledgement or interim reply should be sent to the individual within a month.

12. Thus adequate instructions are available in the matter of submission of representations by the Government servants and treatment of the representations by the authorities concerned. As such submission of representations directly to higher authorities by-passing the prescribed channel of communication, has to be viewed seriously and appropriate disciplinary action should be taken against those who violate these instructions as it can rightly be treated as an unbecoming conduct attracting the provisions of Rule 3(1) (iii) of the CCS(Conduct) Rules, 1964.[G.I., DOPT., O.M. No. 11013/7/99-Estt.(A), dated 01.11.1999.]

22. Restriction regarding marriage [Rule 21]22.1 No Government servant shall enter into, or contract, a marriage with a person having a spouse living.22.2 No Government servant having a spouse living, shall enter into or contract, a marriage with any person,Provided that1. Central Government may permit a Government servant to enter into, or contract any such marriage as referred above, if it is satisfied that (i) such marriage is permissible under the personal law applicable to such Government servant and the other party to the marriage; and(ii) there are other grounds for so doing.

22.3 A Government servant who has married or marries a person other than of Indian nationality is required to forthwith intimate the fact to the Government.

GOI decisions below Rule 211. Procedure for dealing with requests from Government servants for permission to remarry while first wife is still living - The first point to be scrutinized when an application for permission is received, is whether such marriage is permissible under the personal law applicable to the applicant. If so, the question arises whether there are sufficient grounds for allowing an exception to Governments general policy. The alleged grounds given in support of the request should be scrutinized to see whether the allegations are true and well-founded. In case the wife also joins the applicant, it should be ascertained whether she has willingly consented and whether any letter etc., purporting to proceed from her is genuine and is the outcome of her own free will. For this purpose, higher officers in the department concerned may, if necessary send for the applicant and his wife and make personal inquiries. Where the first wifes views have not been stated, they should, if possible, be ascertained. If permission is sought on grounds of alleged sickness of the wife, as much information as possible should be obtained in consultation with the medical authorities. The arrangements made by the husband for the maintenance of the first wife should also be ascertained and it should be examined whether they are satisfactory.

[G.I., M.H.A., O.M. No. 219/51-Ests. dated 16.02.1955.]

2. Inclusion of a provision in all rules of recruitment to the effect that the restrictions against bigamy will apply to female Government servants also. The Central Civil Services (Conduct) Rules, 1955 have now been amended by incorporating therein the following further provision as Rule 18 (2) (now Rule 21) :-(i) No female Government shall marry any person who has a wife living without first obtaining the permission of Government.

(ii) The above principle should govern the recruitment and conditions of service of central Government servants. Accordingly, a provision to the effect that no female candidate who has married a person having already a wife living, will be eligible for recruitment to a service or post unless Government specially exempt such a candidate from the operation of this provision, may be added by the Ministries etc., in rules or orders relating to recruitment to services and posts with which they are concerned.

[G.I., M.H.A. O.M. No. 25/5/55-Ests., dated 31.05.1956.]3. Form of declaration to be obtained from new entrants regarding their having one or more than one wife - MHA OM No. 219-51-Ests., dated the 16th October, 1954 prescribed that candidates for employment should be asked to indicate whether they had more than one wife living and that, if it transpired that a declaration in the negative given by a Government servant was incorrect, he would be liable to be dismissed from service.[G.I., M.H.A., O.M. No. 25/52/57-Ests.(A), dated 02.01.1958.]

23. Consumption of intoxicating drinks and drugs [Rule 22]23.1 A Government servant shall

(i) strictly abide by any law relating to intoxicating drinks or drugs in force in any area in which he may happened to be for the time being;

(ii) not be under the influence of any intoxicating drink or drug during the course of his duty and shall also take due cane that the performance of his duties at any time is not affected in any way by the influence of such drinks or drugs;

(iii)refrain from consuming any intoxicating drinks on drugs in a public place;

(iv) not appear in a public place in a state of intoxication;

(v) not use any intoxicating drink or drug to excess.

GOI decisions below Rule 221. The following questions have been raised by some Ministries/Departments:-

(i) whether the definition of public place should include a club meant exclusively for the members where it is permissible for members to invite non-members as guests, and

(ii) whether a hotel would be a public place or not for the purpose of the said rule.

2. The position in regard to the above two points is clarified as under :-

(i) the club of the nature mentioned above would be a public place not only for the non-member guests but also for members who may be Government servants.

(ii) Drinking in the lodging room in a hotel will not attract the provisions of Rule 22 but drinking at the bar or restaurant where the public is permitted would attract the aforesaid rule.[G.I., D.P.& A.R. Letter No. 11013/16/74-Estt.(A), dated 30th October, 1976.]

24.Prohibition regarding employment of children below 14 years of age [22A]24.1 No Government servant shall employ to work any child below the age of 14 years.

25. Interpretation [Rule 23]

25.1 If any question arises relating to the interpretation of the CCS(Conduct) Rules 1964, it shall be referred to Government whose decision thereon shall be final. GOI decision below Rule 231. Where the Central Government is satisfied that the operation of any rule regulating the conditions of service of Union Government servants, or any class of such Government servants, causes undue hardship in any particular case, it may, by order, dispense with or relax the requirements of that rule to such extent and subject to such conditions as it may consider necessary, for dealing with the case in a just and equitable manner.

[G.I., M.H.A. Notification NO 108/54-Ests (A) dated the 20th November 1954.]

26. Delegation of Powers [Rule 24]26.1 The Government may delegate, any of the powers exercisable under these rules, to any officer or authority as specified in the order in this context.

27. Repeal and Savings [Rule 25] Provides for repeal and saving of rules in existence before these Conduct Rules.

D. ACTS CONSTITUTING MISCONDUCT 1. The word misconduct though not capable of precise definition, its reflections receive its connotations from the context, the delinquency in its performance and its effect on the discipline and the nature of duty. It may involve moral turpitude; it must be improper or wrong behaviour, unlawful behaviour, wilful in character; forbidden act, a transgression of established and definite rule of action or code of conduct but not mere error of judgement, carelessness or negligence in performance of the duty; the act complained of bears forbidden quality or character. Its ambit has to be construed with reference to the subject-matter and the context wherein the term occurs, regard being had to the scope of the statute and the public purpose it seeks to serve. On the above lines

If the act or conduct is1.1 Prejudicial or likely to be prejudicial to the interests of the master or to the reputation of the master.1.2 Such that the master cannot rely on the faithfulness of his employee.

1.3 Inconsistent or incompatible with the due or peaceful discharge of his duty to his master.1.4 Makes it unsafe for the employer to retain him in service.

1.5 Grossly immoral that all reasonable men will say that the employee cannot be trusted. OR

If the Government servant is 1.6 Abusive or if he disturbs the peace of the place of his employment.1.7 Habitually negligent in respect of the duties for which he is engaged. ALSO INCLUDES1.8 Wilful insubordination or disobedience, whether alone or in combination with others, to any lawful and reasonable order of a superior.

1.9 Infidelity, unfaithfulness, dishonesty, untrustworthiness, theft and fraud indulged into by the Government servant.

1.10 Strike, picketing, gherao inciting others to strike work.

1.11 Riotous and disorderly behaviour during office hours.1.12 Habitual late attendance.

1.13 Habitual neglect of work.

1.14 Habitual absence without permission and overstaying of leave.

1.15 Conviction by criminal court.

can be defined as misconduct.

For the exhaustive list of misconduct, reference may be made to Notes on CCS(Conduct) Rule 1964 published by the G.O.I., M.H.A., D.P. & A.R., Third edition.

SUMMARY It is said that the service security, safety, reputation and honour of the Government servants are in their own hands. A faithful and honest compliance with the Conduct Rules and yet, unhesitant but dynamic discharge of duties, are the hall mark of efficient Government servants. It is expected that the participants will observe the Rules of Conduct while performing their duties in office and as a civil citizen.

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CENTRAL CIVIL SERVICES(CLASSIFICATION, CONTROL & APPEAL) RULES, 1965In exercise of the powers conferred by proviso to Article 309 and Clause (5) of Article 148 of the Constitution and after consultation with the Comptroller and Auditor-General in relation to persons serving in the Indian Audit and Accounts Department, the President he reby makes the following rules, namely :-PART IGENERAL

1. Short title and commencement(1) These Rules may be called the Central Civil Services (Classification, Control and Appeal) Rules, 1965.(2) They shall come into force on the 1st December, 1965.2. Interpretation

In these rules, unless the context otherwise requires, -(a) "appointing authority", in relation to a Government servant, means - (i) the authority empowered to make appointments to the Service of which the Government servant is for the time being a member or to the grade of the Service in which the Government servant is for the time being included, or(ii) the authority empowered to make appointments to the post which the Government servant for the time being holds, or

(iii) the authority which appointed the Government servant to such Service, grade or post, as the case may be, or(iv) where the Government servant having been a permanent member of any other Service or having substantively held any other permanent post, has been in continuous employment of the Government, the authority which appointed him to that Service or to any grade in that Service or to that post,

whichever authority is the highest authority;(b) "cadre authority", in relation to a Service, has the same meaning as in the rules regulating that Service;

(c) "Central Civil Service and Central Civil post" includes a civilian Service or civilian post, as the case may be, of the corresponding Group in the Defence Services;(d) "Commission" means the Union Public Service Commission;

(e) "Defence Services" means services under the Government of India in the Ministry of Defence, paid out of the Defence Services Estimates, and not subject to the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957) and the Air Force Act, 1950 (45 of 1950);(f) "Department of the Government of India" means any establishment or organization declared by the President by a notification in the Official Gazette to be a department of the Government of India;(g) "disciplinary authority" means the authority competent under these rules to impose on a Government servant any of the penalties specified in Rule 11;(h) "Government servant' means a person who -(i) is a member of a Service or holds a civil post under the Union, and includes any such person on foreign service or whose services are temporarily placed at the disposal of a State Government, or a local or other authority;ii) is a member of a Service or holds a civil post under a State Government and whose services are temporarily placed at the disposal of the Central Government;iii) is in the service of a local or other authority and whose services are temporarily placed at the disposal of the Central Government;(i) " head of the department" for the purpose of exercising the powers as appointing, disciplinary, appellate or reviewing authority, means the authority declared to be the head of the department under the Fundamental and Supplementary Rules or the Civil Service Regulations, as the case may be;(j) "head of the office" for the purpose of exercising the powers as appointing, disciplinary, appellate or reviewing authority, means the authority declared to be the head of the office under the General Financial Rules;(k) "Schedule" means the Schedule to these rules;(l) "Secretary" means the Secretary to the Government of India in any Ministry or Department, and includes-(i) a Special Secretary or an Additional Secretary,(ii) a Joint Secretary placed in independent charge of a Ministry or Department,(iii) in relation to the Cabinet Secretariat, the Secretary to the Cabinet,(iv) in relation to the President's Secretariat, the Secretary to the President, or as the case may be, the Military Secretary to the President,(v) in relation to Prime Minister's Secretariat, the Secretary to the Prime Minister, and (vi) in relation to the Planning Commission, the Secretary or the Additional Secretary to the Planning Commission;(m) "Service" means a civil service of the Union.3. Application(1) These rules shall apply to every Government servant including every civilian Government servant in the Defence Services, but shall not apply to -(a) any railway servant, as defined in Rule 102 of Volume I of the Indian Railways Establishment Code,(b) any member of the All India Services,(c) any person in casual employment,(d) any person subject to discharge from service on less than one month's notice,(e) any person for whom special provision is made, in respect of matters covered by these rules, by or under any law for the time being in force or by or under any agreement entered into by or with the previous approval of the President before or after the commencement of these rules, in regard to matters covered by such special provisions.(2) Notwithstanding anything contained in sub-rule (1), the President may by order exclude any Group of Government servants from the operation of all or any of these rules.(3) Notwithstanding anything contained in sub-rule (1), or the Indian Railways Establishment Code, these rules shall apply to every Government servant temporarily transferred to a Service or post coming within Exception (a) or (e) in sub-rule (1), to whom, but for such transfer, these rules would apply.(4) If any doubt arises, -(a) whether these rules or any of them apply to any person, or(b) whether any person to whom these rules apply belongs a particular Service,the matter shall be referred to the President who shall decide the same.Government of Indias decisions :(1)

Persons to whom not applicable In exercise of the powers conferred by sub-rule (2) of rule 3 of the Central Civil Services (Classification, Control and Appeal) Rules, 1957 (now 1965), the President hereby directs that the following classes of Government servants shall be wholly excluded from the operation of the said rules, namely :-MINISTRY OF EXTERNAL AFFAIRSLocally recruited staff in Missions abroad.MINSITRY OF COMMUNICATIONS(Posts and Telegraphs Department)(i)Extra-Departmental Agents(ii)Monthly-rated staff paid from contingencies other than those brought on to regular establishment.(iii)Monthly-rated work-charged and other employees not on regular establishment.(iv)Daily-rated staff paid from contingencies.(v)Daily-rated workmen paid by the day, week, month, etc.(vi)All hot weather and monsoon establishment.(vii)Non-departmental telegraphic and telephone operators.[M.H.A. Notification No. S.R.O. 609, dated the 28th February, 1957].MINISTRY OF HOME AFFAIRSPolice Officers up to the rank of Inspector of Police in Delhi Special Police Establishment.[M.H.A., Notification No. F.7/24/61-Ests. (A), dated the 15th December, 1961].MINISTRY OF URBAN DEVELOPMENTThe Presidents Garden Establishment and Estate Office.[M.H.A., Notification No. 7/5/1959-Ests. (A) dated the 25th May, 1959 as amended by Notification No. 11012/19/84-Estt. (A), dated 28th July, 1986].MINISTRY OF TOURISM AND CIVIL AVIATION AND MINISTRY OF SHIPPING AND TRANSPORT(i)Locally recruited staff in Tourist Offices abroad.(ii)Work-charged personnel of the Mangalore Projects and the Tuticorin Harbour Projects.[M.H.A., Notification No. 7/1/66-Ests. (A), dated the 11th April, 1966].PART IICLASSIFICATION

4. Classification of Services(1) the Civil Services of the Union shall be Classified as follows :-(i) Central Civil Services, Group 'A';(ii) Central Civil Services, Group 'B';(iii) Central Civil Services, Group 'C';(iv) Central Civil Services, Group 'D';(2) If a Service consists of more than one grade, different grades of such Service may be included in different groups.5. Constitution of Central Civil ServicesThe Central Civil Services, Group 'A', Group 'B', Group 'C' and Group 'D', shall consist of the Services and grades of Services specified in the Schedule.6. Classification of PostsCivil Posts under the Union other than those ordinarily held by persons to whom these rules do not apply, shall, by a general or special order of the President, be Classified as follows :-(i) Central Civil Posts, Group 'A';(ii) Central Civil Posts, Group 'B';(iii)Central Civil Posts, Group 'C';(iv)Central Civil Posts, Group 'D';Government of Indias orders/decisions :-

(1) NotificationIn exercise of the powers conferred by Rule 6 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, as amended by the Central Civil Services (Classification, Control and Appeal) Amendment Rules, 1975 and after consultation with the Comptroller and Auditor General of India in relation to the persons serving in the Indian Audit and Accounts Department, the President hereby direct that with effect from the date of issue of this order, all civil posts under the Union, shall, (subject to such exceptions as Government may, by any general or special order, make from time to time), be reclassified as Group A, Group B, Group C and Group D, as the case may be, as indicated below :-

Existing ClassificationRevised ClassificationClass IGroup AClass IIGroup BClass IIIGroup CClass IVGroup DProvided that(i)the classification of any posts created or deemed to have been created on or after 01.01.1973 in the revised scale but before the date of issue of this order, as specific additions to cadres existing prior to 01.01.1973 shall be the same as that of the posts in the cadres to which they have been added and(ii)any other posts not covered by (i) above created or deemed to have been created in their revised scale of pay on or after 01.01.1973 but before the date of issue of this order having a classification higher than the one envisaged by para 2 of this order shall be reclassified in terms of that paragraph but without prejudice to the status of the existing incumbents of such posts.[Deptt. Of Personnel & A.R. Notification No. 21/2/74-Estt. (D) dated 11.11.1975](2) Order In exercise of the powers conferred by proviso to article 309 and clause 5 of article 148 of the Constitution read with Rule 6 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, and in supersession of paragraph 2 of the notification of the Government of India in the Department of Personnel and Administrative Reforms number S.O. 5041 dated the 11th November, 1975 as amended by the notification of Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) number S.O. 1752 dated the 30th June, 1987, and after consultation with the Comptroller and Auditor General of India in relation to the persons serving in the Indian Audit and Accounts Department, the President hereby directs that with effect from the date of publication of this order in the Official Gazette, all civil posts under the Union, shall be classified as follows :-Sl.No.Description of Posts Classification of posts

1.A Central Civil post carrying a pay or a scale of pay with a maximum of not less than Rs. 13,500Group A

2.A Central Civil post carrying a pay or a scale of pay with a maximum of not less than Rs. 9,000 but less than Rs. 13,500Group B

3.A Central Civil post carrying a pay or a scale of pay with a maximum of over Rs. 4,000 but less than Rs. 9,000Group C

4.A Central Civil post carrying a pay or a scale of pay the maximum of which is Rs. 4,000 or lessGroup D

Explanation :- For the purpose of this order (i)Pay has the same meaning as assigned to it in F.R. 9 (21) (a) (I);(ii)Pay or scale of pay, in relation to a post, means the pay or the scale of pay of the post prescribed under the Central Civil Services (Revised Pay) Rules, 1997.[Deptt. Of Personnel & Training Order No. 13012/1/98-Estt. (D) dated 20.04.1998](3)Order

S.O. 641 (E) In exercise of the powers conferred by the proviso to article 309 and clause (5) of article 148 of the Constitution read with rule 6 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 and in partial modification of the Government of India in the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) Order number S.O. 332 dated the 20th April, 1998 and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby directs that, with effect from the date of publication of this Order in the Official Gazette, all posts of Senior Audit Officers and Senior Account Officers in the Office of the Comptroller and Auditor General of India and in all organized Accounts Cadres in the scale of pay or Rs. 8000-275-13500 shall be classified as Group B[Deptt. Of Personnel & Training Order No. 13012/1/98-Estt. (D) dated 29th July, 1998](4) Classification of PostsUnder the Central Civil Services (Classification, Control and Appeal) Rules, 1965, all Central Government posts are classified into four categories, viz., Group A, B, C and D. This classification is based on the norms prescribed in Department of Personnel and Training Notification No. 13012/2/87-Estt. (D) dated the 30th June, 1987. The classification serves an important administrative purpose including in matters of recruitment/disciplinary cases, etc. Some allowances are also granted with reference to the classification of the posts. The Fifth Central Pay Commission had, however, recommended a new classification dividing all Central Civil posts into six categories namely, Top Executives, Senior Executives, Executives, Supervisory Staff, Supporting Staff and Auxiliary Staff. These recommendations of the Pay Commission had been examined and after consideration of all pros and cons of the matter, it has been decided not to accept classification of posts as recommended by the Pay Commission and to retain the existing classification into Groups A, B, C and D.2.Consequent upon the revision of pay scales on the basis of the recommendations of the Fifth Central Pay Commission, it has, however, become necessary to prescribe revised norms for categorization of posts into the above four categories based on the revised pay scales as approved by the Government.3.Accordingly, A Notification classifying various Civil posts into Groups A, B, C and D based on revised norms of pay scales/pay ranges has been notified in the Official Gazette vide SO 332 (E) dated 20th April, 1998. A copy of the Notification is enclosed. (decision No. (2)].4.In some Ministries/Departments posts may exist which are not classified as per the norms laid by this Department. It would be seen that all posts would now stand classified strictly in accordance with the norms of pay scales/pay as prescribed under the Notification. If for any specific reason the concerned Ministry/Department proposes to classify the posts differently, it would be necessary for that Department to send a specific proposal to Department of Personnel & Training giving full justification in support of the proposal within three months of this OM so that the exceptions to the norms of classification as laid down in S.O. 332(E) dated 20th April, 1998 can be notified.[Deptt. Of Personnel and Training OM No. 13012/1/98-Estt. (D), dated 12th June, 1998(5)Classification of Posts - Clarification

References are being received seeking clarifications whether the revised norms of pay scales/pay would be applicable for classification of posts under the flexible complementing scheme or other lateral advancement schemes.2.There are many promotion schemes such as merit promotion scheme, career advancement scheme, in-situ promotion scheme etc. where promotions are not linked to availability of vacancy in the higher grade and promotions are allowed in the higher grade in a time bound manner after assessment of the official by temporarily upgrading the post to the higher grade, which gets reverted to the lowest level at which it was originally sanctioned upon vacation of the post by the incumbent due to retirement, further promotion to vacancy based post etc. In many cases, higher scales are allowed on expiry of the specified length of service, even while the person continues to hold the same post such as the Assured Career Progression Scheme. It is clarified that in all such schemes, the classification of the post shall be determined with reference to the grade in which the post is originally sanctioned irrespective of the grade/pay scale in which the officer may be placed at any point of time.

[Deptt. Of Personnel & Training OM No. 11012/5/2000-Estt. (A) dated 10th May, 2000.]6-A.All reference to Central Civil Services/Central Civil Posts, Class I, Class II, Class III and Class IV in all Rules, Orders, Schedules, Notifications, Regulations, Instructions in force, immediately before the commencement of these rules shall be construed as references to Central Civil Services/Central Civil Posts, Group 'A', Group 'B', Group 'C' and Group 'D' respectively, and any reference to "Class or Classes" therein in this context shall be construed as reference to "Group or Groups", as the case may be.7.General Central ServiceCentral Civil posts of any Group not included in any other Central Civil Service shall be deemed to be included in the General Central Service of the corresponding Group and a Government servant appointed to any such post shall be deemed to be a member of that Service unless he is already a member of any other Central Civil Service of the same Group.PART IIIAPPOINTING AUTHORITY

8. Appointments to Group A Services and PostsAll appointments to Central Civil Services, Group A and Central Civil Posts, Group A, shall be made by the President :Provided that the President may, by a general or a special order and subject to such conditions as he may specify in such order, delegate to any other authority the power to make such appointments.Government of Indias orders/decisions :(1) Delegation of powers to Administrator of Goa, Daman and Diu In pursuance of the proviso to rule 8 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, the President hereby orders that all appointments to Central Civil Services and Posts, Class I, under the Government of Goa, Daman and Diu, shall be made by the Administrator of Goa, Daman and Diu :Provided that no appointment to the post of Chief Secretary, Finance Secretary, Inspector General of Police, or Development Commissioner or any other post which carries an ultimate salary of Rupees two thousand per mensem or more shall be made except with the previous approval of the Central Government.[M.H.A. Order No. 7/1/65-Ests. (A) dated the 10th February, 1965](2)Delegation of powers to Administrator of Dadra and Nagar Haveli The President hereby orders that all appointments to Central Civil Services and Posts, Class I under the Government of Dadra and Nagar Haveli shall be made by the Administrator of Dadra and Nagar Haveli.Provided that no appointment to the post of Chief Secretary, Finance Secretary, Inspector General of Police or Development Commissioner or any other post which carries an ultimate salary of Rupees two thousand per mensem or more shall be made except with the previous approval of the Central Government.[M.H.A. Order No. 7/6/69-Ests. (A) dated the 12th June, 1969](3)Delegation of powers to Administrators of Arunanchal Pradesh and Mizoram In pursuance of the proviso to rule 8 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, the President hereby orders that all appointments to Central Civil Services, Class I and Central Civil Posts, Class I, under the Arunachal Pradesh and Mizoram Administrations shall respectively be made by the Administrators of the Union territories of Arunachal Pradesh and Mizoram appointed under article 239 of the Constitution :Provided that no appointment to the post of Chief Secretary, Finance Secretary, Inspector General of Police or Development Commissioner or any other post which carries an ultimate salary of Rupees two thousand per mensem or more shall be made except with the previous approval of the Central Government.[Dept. of Personnel Order No. 7/2/72-Est.(A), dt. 21st January, 1972].9. Appointments to other Services and Posts

(1) All appointments to the Central Civil Services (other than the General Central Service) Group B, Group C and Group D, shall be made by the authorities specified in this behalf in the Schedule :Provided that in respect of Group C and Group D, Civilian Services, or civilian posts in the Defence Services appointments may be made by officers empowered in this behalf by the aforesaid authorities.(2) All appointments to Central Civil Posts, Group B, Group C and Group D, included in the General Central Service shall be made by the authorities specified in that behalf by a general or special order of the President, or where no such order has been made, by the authorities - specified in this behalf in the Schedule.PART IV

SUSPENSION

10.

Suspension(1) The appointing authority or any authority to which it is subordinate or the disciplinary authority or any other authority empowered in that behalf by the President, by general or special order, may place a Government servant under suspension-(a) where a disciplinary proceeding against him is contemplated or is pending; or(aa) where, in the opinion of the authority aforesaid, he has engaged himself in activities prejudicial to the interest of the security of the State; or(b) where a case against him in respect of any criminal offence is under investigation, inquiry or trial:Provided that, except in case of an order of suspension made by the Comptroller and Auditor - General in regard to a member of the Indian Audit and Accounts Service and in regard to an Assistant Accountant General or equivalent (other than a regular member of the Indian Audit and Accounts Service), where the order of suspension is made by an authority lower than the appointing authority, such authority shall forthwith report to the appointing authority the circumstances in which the order was made.(2) A Government servant shall be deemed to have been placed under suspension by an order of appointing authority -(a) with effect from the date of his detention, if he is detained in custody, whether on a criminal charge or otherwise, for a period exceeding forty-eight hours;(b) with effect from the date of his conviction, if, in the event of a conviction for an offence, he is sentenced to a term of imprisonment exceeding forty-eight hours and is not forthwith dismissed or removed or compulsorily retired consequent to such conviction.EXPLANATION - The period of forty-eight hours referred to in clause (b) of this sub-rule shall be computed from the commencement of the imprisonment after the conviction and for this purpose, intermittent periods of imprisonment, if any, shall be taken into account.(3) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a Government servant under suspension is set aside in appeal or on review under these rules and the case is remitted for further inquiry or action or with any other directions, the order of his suspension shall be deemed to have continued in force on and from the date of the original order of dismissal, removal or compulsory retirement and shall remain in force until further orders.(4) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a Government servant is set aside or declared or rendered void in consequence of or by a decision of a Court of Law and the disciplinary authority, on a consideration of the circumstances of the case, decides to hold a further inquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the Government servant shall be deemed to have been placed under suspension by the Appointing Authority from the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders :Provided that no such further inquiry shall be ordered unless it is intended to meet a situation where the Court has passed an order purely on technical grounds without going into the merits of the case.(5)(a) Subject to the provisions contained in sub-rule (7), an order of suspension made or deemed to have been made under this rule shall continue to remain in force until it is modified or revoked by the authority competent to do so.(b) Where a Government servant is suspended or is deemed to have been suspended (whether in connection with any disciplinary proceeding or otherwise), and any other disciplinary proceeding is commenced against him during the continuance of that suspension, the authority competent to place him under suspension may, for reasons to be recorded by him in writing, direct that the Government servant shall continue to be under suspension until the termination of all or any of such proceedings.(c) An order of suspension made or deemed to have been made under this rule may at any time be modified or revoked by the authority which made or is deemed to have made the order or by any authority to which that authority is subordinate.(6) An order of suspension made or deemed to have been made under this rule shall be reviewed by the authority competent to modify or revoke the suspension, before expiry of ninety days from the effective date of suspension, on the recommendation of the Review Committee constituted for the purpose and pass orders either extending or revoking the suspension. Subsequent reviews shall be made before expiry of the extended period of suspension. Extension of suspension shall not be for a period exceeding one hundred and eighty days at a time.

(7) An order of suspension made or deemed to have been made under sub-rules (1) or (2) of this rule shall not be valid after a period of ninety days unless it is extended after review, for a further period before the expiry of ninety days :

Provided that no such review of suspension shall be necessary in the case of deemed suspension under sub-rule (2), if the Government servant continues to be under suspension at the time of completion of ninety days of suspension and the ninety days period in such case will count from the date the Government servant detained in custody is released from detention or the date on which the fact of his release from detention is intimated to his appointing authority, whichever is later.

Government of Indias decisions :(1) Report of arrest to superiors by Government servants :-

It shall be the duty of the Government servant who may be arrested for any reason to intimate the fact of his arrest and the circumstances connected therewith to his official superior promptly even though he might have subsequently been released on bail. On receipt of the information from the person concerned or from any other source the departmental authorities should decide whether the fact and circumstances leading to the arrest of the person call for his suspension. Failure on the part of any Government servant to so inform his official superiors will be regarded as suppression of material information and will render him liable to disciplinary action on this ground alone, apart from the action that may be called for on the outcome of the police case against him.[MHA letter No. 39/59/54-Est.(A) dated the 25th Februar