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IMPORTANT GOVT ORDERS WITH GIST OF CONTENTS 3
3. Representations
from Government servants of service matters -advance copies
Proper Channel: Government servants should first address
their grievances to their immediate superior or the Head of their Office.
No Premature Appeals: Appeals to higher authorities are
only permitted after exhausting all avenues within the lower hierarchy.
Advance Copies:
Advance copies of representations to higher authorities
(like the President or Ministers) can be submitted through the proper channel.
Higher authorities will examine these copies based on
whether all lower avenues have been exhausted and if there are prima facie
grounds for interference.
Lower Authority’s Input: Higher authorities will
typically seek comments and reports from the appropriate lower authority before
taking any action.
Prohibition on Copies to Outside Authorities: Sending
copies of representations to authorities not directly involved (e.g., other
Ministers, Members of Parliament) is strictly prohibited.
Exemption: These instructions do not apply to officers of
the All India Services.
References are frequently received in this Ministry
enquiring whether the submission of advance copies of representations to higher
authorities is permissible and as to the treatment that should be accorded to
such copies. The matter has been carefully considered and the following
instructions are issued for the guidance of all concerned.
2. Whenever, in any matter connected with the service rights
of 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. An appeal or representation
to a higher authority must not be made unless the appropriate lower authority
has already rejected the claim or refusal relief or ignored or unduly delayed
the disposal of the case. Representations to still higher authorities
(i.e. those addressed to the president the Government or to Hon. Ministers)
must be submitted through the proper channel (i.e. the Head of Office, etc.
concerned). There will be no objection at that stage, but at that stage,
to an advance copy of the representations being sent direct.
3. The treatment by the higher authorities of advance copies
of representations so received should be governed by the following general
principles:
(a) If the advance
copy does not clearly show that all means of securing attention or redress from
lower authorities have been duly tried and exhausted, the representations
should be ignored or rejected summarily on that ground, the reasons being
communicated briefly to the Government servants. If the Government
servant persists in thus prematurely addressing the higher authorities,
suitable disciplinary action should be taken against him.
(b) If the
advance copy shows clearly that appropriate lower authorities have been duly
addressed and exhausted, it should be examined to ascertain whether on the
facts, as stated some grounds for interference or for further consideration
appear, prima facie to exit where no such grounds appear, the representation
may be ignored or summarily rejected, the reasons being communicated briefly to
the Government servant.
(c) Even
where some grounds for interference or further consideration appear to exist,
the appropriate lower authority should be asked, within a reasonable time, to
forward the original representation, with its report and comments on the points
urged. There is ordinarily no justification for the passing of any orders
on any representation without thus ascertaining the comments of the appropriate
lower authority.
(d) Some
Government servants are in the habit of sending copies of their
representations, also to outside authorities, i.e. authorities who are not
directly concerned with the consideration thereof (e.g. other Honorable
Minister, Secretary, Members of Parliament, etc.). This is a most
objectionable practice, contrary to official propriety and subversive of good
discipline and all Government servants are expected scrupulously to eschew it.
4. Separate
instructions exist in respect of officers of the All India services and these
instructions do not apply to those officers.
5. It is
requested that the above instructions may be brought to the notice of all
Government servants.
. (DG
(P&T) No. 118/52-Ests. dated 30.04.1952)
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