Below placed is an OFFICE MEMORANDUM issued by DOPT vide F. No. 11013/08/2013-Estt(A-III) Dated August 31, 2015 on the above subject. It is an age old instruction.
The funny part of the OM is that contravention of the instruction is treated as misconduct under the conduct rules. But if the higher authority does not take any action, either forwarding or rejecting by informing the employee, there is not misconduct. So the provision is simply made to hush up the matter from the notice of the higher authorities. In my case this had happened in many occasions. This is well explained in my book ‘A FRAUD IN THE INDIAN CONSTITUTION’ in the chapter named ‘Whistle blower charge sheeted’. This may happen to anybody in any Government Office. So what is the use of making a representation if no action is taken on it?
Now go to the body of the OM:
“Subject: Representation from Government servant on service matters - reiteration of instructions - regarding.
The undersigned is directed to refer to O.M. of even number dated 6th June, 2013 wherein instructions have been issued on submission of representation by Government servants about their service matters. In spite of these instructions, it has been observed that Government servants including officers/ officials of para military forces and Army personnel continue to represent directly to the Prime Minister, Minister, Secretary (P) and other higher authorities, directly.
2. As per the existing instructions, wherever, in any matter connected with his service rights or conditions, a Government servant wishes to press a claim or to seek redressal of a grievance, the proper course for him is to address his immediate official superior, or Head of his office, or such other authority at the appropriate level who is competent to deal with the matter in the organisation.
3. Such submission of representations directly to other 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. This can rightly be treated as an unbecoming conduct attracting the provisions of Rule 3 (1) (iii) of the Central Chill Services (Conduct) Rules, 1964. It is clarified that this would include all forms of communication including through e-mails or public grievances portal etc.
4. Attention in this connection is also invited to the provision of Rule 20 of CCS (Conduct) Rules, 1964 prohibiting Government servants from bringing outside influence in respect of matter pertaining to his service matter. Representation by relatives of Government servant is also treated as outside influence as clarified vide MHA OM No. F. 25/21/63-Estt.(A) dated 19.09.1963
5. It is reiterated that these instructions may be brought to the notice of all Govt servants including officers/ officials of para military forces and member of armed forcesand action taken against those who violate these instructions.”
IS IT NOT A ONE SIDED CONDUCT RULE MADE TO SUPPRESS THE SUBORDINATES WITHOUT PROVIDING AN EQUAL LIABILITY ON THE SUPERIOR OFFICER, IN CASE NO ACTION IS TAKEN ON THE REPRESENTATION?