The Central Civil Services (Conduct) Rules, 1964

RULE 19. VINDICATION OF ACTS AND CHARACTER OF GOVERNMENT SERVANT:

Government of India Decisions

(1) Conviction of Government servants – requirement regarding intimation to departmental superiors.

Attention is invited to rules 55 and 55A of the Central Civil Services (Classification, Control and Appeal) Rules and Section 240 (3) of the Government of India, Act, 1935 (also article 311 of the Constitution) which provide that the procedure thereunder need not be followed in cases where a departmental penalty is to be imposed on a Government servant on the basis of facts which have led to his conviction in a criminal court. Dismissal etc. in such cases is not to be automatic; each case should be examined on its merits and orders imposing the appropriate penalty passed only where the charges against the Government servant on which his conviction is based show that he was guilty of moral turpitude or of grave misconduct which is likely to render his further retention in service undesirable or contrary to public interest.

2. In order that the departmental authorities of a Government servant, who has been convicted by a court of law, may be in a position to consider his case and pass suitable orders thereon, every Government servant is ordinarily expected to inform his departmental superior of such conviction, whether the offence is of a serious nature or is purely technical. Since, however, there is no specific requirement at present to do so, cases frequently occur in which Government servants concerned omit to inform their official superior of the fact of their conviction which comes to light later from other sources. In these circumstances it has been decided, and it is hereby made clear, that it shall hereafter 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.

3. It is requested that the position as in para 2 above may kindly be caused to be explained to all Government servants with whom the Ministry of Finance etc. may be concerned.

[MHA OM No. 25/70/49-Ests., dated 20.12.1949]

(2) Government servants seeking redress in Courts of Law of their grievances arising out of their employment or conditions of service.

In supersession of orders contained in this Ministry’s Office Memorandum No. 25/52/52-Ests. Dated the 11th October, 1952 (Not reproduced) on the above subject, the following instructions are issued:-

(a) 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.

(b) 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.

[MHA OM No. 25/3/59-Ests.(A), dated 21.04.1959]

(3) Allegations made in the Press or by individuals against a Government servant in respect of his official conduct – procedure for dealing with.

The First Five Year Plan contained a suggestion that when specific allegations were made in the Press against individual public officers, they should be asked to clear their names in court. This was accompanied by a recommendation that the legal expenses in such cases should be sanctioned by Government on the understanding that if the officer lost his case, he would have to reimburse to Government and if damages were awarded to him, the cost of legal proceedings would be the first charge on them. The suggestions have been carefully considered and the following conclusions have been reached.

2. When allegations are made in the Press or by individuals against a Government servant in respect of his conduct in the discharge of his public functions, a preliminary confidential enquiry by a senior officer should be ordered by Government.

3. If such an enquiry leads to the conclusion that the allegations are based on ignorance, insufficient information or even malice, it should be further considered whether, having regard to the nature and circumstances of the case, any action in a Court of Law is necessary to vindicate the conduct of the Government servant, for in some cases, mere publication of the results of the enquiry may not always carry conviction with the public. If it is decided to have resort to a Court of Law, it should also be considered whether Government should themselves initiate proceedings in a Court of Law against the party which made the allegations or whether the Government servant should be required to initiate such proceedings. If, on the other hand, it is considered as a result of enquiry that there are reasonable grounds to doubt the propriety and correctness of the conduct of the Government servant, or if the enquiry is not conclusive, Government may entrust the case to the Special Police Establishment for investigation or order a full departmental enquiry under the Central Civil Services (Classification, Control and Appeal) Rules, or require the Officer to vindicate his conduct by resorting to a Court of Law.

4. In cases where Government decide to initiate criminal proceeding themselves, the provision of Section 198B of the Criminal Procedure Code should be made use of. According to these provisions the complaint can be filed within six months of the date of the alleged offence, by the Public Prosecutor directly in a Court of Sessions with the previous sanction of the Government and the case will thereafter be pursued by Government. Where the Government decided to institute civil proceedings, the usual procedure for institution of civil proceedings by Government may be followed.

5. In cases where the Government servant is required to vindicate his conduct in a Court of Law Government will give financial assistance as laid down in sub-paragraph 2 (d) of MHA OM No. F45/5/53-Ests.(A), dated the 8th January, 1959 (Decision No. 4 below).

6. When a Government servant desires to institute proceedings suo moto to vindicate the conduct in the course of the discharge of his official duties, he will have to obtain the previous sanction of the Government as required in Rule 16 of the Central Civil Services (Conduct) Rules, 1955 (Now Rule 19).

If Government decide to grant such sanction, no question of reimbursement of any expenses to the Government servant will arise, but advances may be granted as laid down in sub-paragraph (c) (ii) of paragraph 2 of Ministry of Home Affairs OM No. F45/5/53-Ests.(A), dated the 8th January, 1959 (Decision No. 4 below).

7. The appropriate authority for taking a decision in each case will be the administrative Ministry of the Government of India concerned who will consult the Finance and Law Ministries, where necessary. The Comptroller and Auditor General of India will exercise the powers of an administrative Ministry in respect of the Indian Audit and Accounts Department.

8. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders are issued in consultation with the Comptroller and Auditor General.

[MHA OM No. 25/32/54-Ests.(A), dated 08.01.1959]

(4) Legal and financial assistance to Government servants involved in law suits arising out of their official work and conduct.

The question has been raised whether, and if so under what circumstances, Government should provide legal and financial assistance to a Government servant for the conduct of legal proceedings by or against him. The following decisions which have been taken in consultation with the Ministries of Law and Finance and the Comptroller and Auditor General are circulated for information and guidance.

2. (a) Proceedings initiated by Government in respect of matters connected with the official duties or position of the Government servant.

Government will not give any assistance to a Government servant for his defence in any proceedings, civil or criminal instituted against him by the State in respect of matters arising out of, or connected with, his official duties or his official position. Should, however, the proceedings conclude in favour of the Government servant, Government will entertain his claim for reimbursement of costs incurred by him for his defence, and if Government are satisfied from the facts and circumstance of the case that the Government servant was subjected to the strain of the proceedings without proper justification, they will consider whether the whole or any reasonable proportion of the expenses incurred by the Government servant for his defence should be reimbursed to him.

(b) Proceedings in respect of matters not connected with official duties or position of the Government servant.

Government will not give any assistance to a Government servant or reimburse the expenditure incurred by him in the conduct of proceedings in respect of matters not arising out of or connected with, his official duties or his official position, irrespective of whether the proceedings were instituted by a private party against the Government servant or vice versa.

(c) Proceedings instituted by a private party against a Government servant in respect of matters connected with his official duties or position.

(i) If the Government on consideration of the facts and circumstances of the case, consider that it will be in the public interest that Government should themselves undertake the defence of the Government servant in such proceedings and if the Government servant agrees to such a course, the Government servant should be required to make a statement in writing as in Annexure ‘A’ and thereafter Government should make arrangements for the conduct of the proceedings as if the proceedings had been instituted against Government.

(ii) If the Government servant proposes to conduct his defence in such proceedings himself, the question of reimbursement of reasonable costs incurred by him for his defence may be considered in case the proceedings conclude in his favour. In determining the amount of costs to be so reimbursed, Government will consider how far the court has vindicated the acts of the Government servant. The conclusion of the proceedings in favour of the Government servant will not by itself justify reimbursement.

To enable the Government servant to meet the expenses of his defence, Government may sanction, at their discretion an interest-free advance not exceeding Rs. 500/- or the Government servant’s substantive pay for three months, which ever is greater, after obtaining from the Government servant a bond in the form reproduced as Annexure B. The amount advanced would be subject to adjustment against the amount, if any, to be reimbursed as above.

The Government servant may also be granted from any provident fund to which he is a subscriber, an advance not exceeding thee months’ pay or one-half of the balance standing to his credit, whichever is less; this advance will be repayable in accordance with the rules of the Fund.

(d) Proceedings instituted by a Government servant on his being required by Government to vindicate his official conduct.

A Government servant may be required to vindicate his conduct in a Court of Law in certain circumstances [vide Ministry of Home Affairs OM No. F. 25/32/54-Ests.(A), dated 8th January, 1959] (Decision No.3). The question whether costs incurred by the Government servant in such cases should be reimbursed by the Government and if so, to what extent, should be left over for consideration in the light of the result of the proceedings. Government may, however, sanction in interest-free advance, in suitable instalments, of an amount to be determined by them in each case on the execution of a bond by the Government servant in the form reproduced in Annexure ‘B’.

In determining the amount of cost to be reimbursed on the conclusion of the proceedings, the Government will consider to what extent the Court has vindicated the acts of the Government servant in the proceedings. Conclusion of the proceedings in favour of the Government servant will not by itself justify reimbursement.

(e) Proceedings instituted by a Government servant suo moto with the previous sanction of Government to vindicate his conduct arising out of or connected with his official duties or position.

If a Government servant resorts to a Court of Law with the previous sanction of Government to vindicate his conduct arising out of or connected with his official duties or position, though not required to do so by Government, he will not ordinarily be entitled to any assistance but Government may, in deserving cases, sanction advances in the manner indicated in sub-para (c) (ii) above but no part of the expenses incurred by the Government servant will be reimbursed to him, even if he succeeds in the proceedings.

3. Sub-clause (d) of article 320 (3) of the Constitution requires consultation with the Union Public Service Commission on any claim by a Government servant for the reimbursement of the costs incurred by him in defending legal proceedings instituted against him in respect of acts done or purporting to be done in execution of his duty. In other cases, consultation with the Union Public Service Commission is not obligatory, but it will be open to Government to seek the Commission’s advice, if considered necessary.

4. The question whether a case falls under 320 (3) (d) of the Constitution so as to require consultation with the Commission may at times be difficult to determine. It may be stated generally that though consultation is obligatory in a case where a reasonable connection exists between the act of the Government servant and the discharge of his official duties, the act must bear such relation to the official duties that the Government servant could lay a reasonable but not a pretended or a fanciful claim that he did it in the course of the performance of his duties.

5. The appropriate authority for taking decision in each case will be the administrative Ministry of the Government of India concerned who will consult the Finance and Law Ministries, where necessary. The Comptroller and Auditor General of India will exercise the powers of an administrative Ministry in respect of the personnel of the Indian Audit and Accounts Department.

6. In so far as persons serving in the Indian Audit and Accounts Department as concerned, these orders are issued in consultation with the Comptroller and Auditor General.

[MHA OM No. F-45/5/53-Ests.(A), dated 08.01.1959]

ANNEXURE ‘A’

(Here enter description of the proceedings)

The Government of India having been pleased to undertake my defence in the above proceedings, I hereby agree to render such assistance to Government as may be required for my defence and further agree that I shall not hold Government in any way responsible if the proceedings end in a decision adverse to me.

Date ………….

Signature of the Government Servant ………….

ANNEXURE ‘B’

[MHA OM NO. F.45/5/53-Ests.(A), dated 08.01.1959]

[This has been substituted vide decision No. (5) below].

(5) Government servants involved in legal proceedings – Provision for legal and financial assistance.

Attention is invited to the instructions issued in this Ministry’s Office Memorandum No. F.45/5/53-Ests.(A), dated the 8th January, 1959 (Decision No. 4) regarding the grant of legal and financial assistance to the Government servants involved in legal proceedings. In connection with these instructions the following decisions have been taken and are circulated for information and guidance:-

(i) Where, in a civil suit Government servant is sought to be made liable for damages for acts for negligence in discharge of his official duties of civil nature and Government is impleaded on the ground of vicarious liability, the Government should arrange for the defence of the Government servant also, provided the defence of the Government and the Government servant are substantially the same and there is no conflict of interest. Each case should be examined in consultation with the Law Officers before undertaking common defence. If it is decided to arrange for the defence of the Government servant, the Government servant should be required to make a statement in writing as in Annexure ‘A’ of the Ministry OM referred to above (Decision No. 4 above).

(ii) In cases falling under para 2 (d) of the OM referred to above the amount of the interest-free-advance will also not exceed Rs. 500 or the Government servant’s substantive pay for three months whichever is greater.

(iii) The authority competent to sanction the advances under para 2 (c) (ii), 2 (d) and 2 (e) of the above OM will be the Administrative Ministry concerned or the Comptroller and Auditor General in respect of staff serving under him.

(iv) No second advance in respect of the same proceedings will be admissible. There will, however, be no objection to the grant of more than one advance if they relate to different proceedings against a Government servant.

(v) The recovery of the advance may be made in not more than twenty-four equal monthly instalments, the exact number being determined by the sanctioning authority provided the advance is recovered before the date of retirement. The recovery of the advance should commence on the first issue of Pay/leave salary/subsistence allowance following the month in which the advance is drawn. The advance is recoverable from each issue of pay/leave salary/subsistence allowance till it is repaid in full. At the time of reimbursement of legal expenses the entire balance of advance outstanding against the Government servant should be recovered from the amount reimbursed to him. If the amount reimbursed is less than the outstanding balance of the advance the remaining amount will be recovered in installments as already fixed. In the case of grant of more than one advance, the recovery of such advances should run concurrently.

(vi) Where advance under the above instructions is sanctioned to a temporary/quasi-permanent Government servant, he should be asked to furnish a surety of a permanent central Government servant of equivalent or higher status in the attached form (Annexure ‘C’).

(vii) The amount of advance sanctioned under the above instructions is debitable under the Minor Head “Other Advances” subordinate to Major Head “Loans and Advances by the Central Government”.

(viii) The form of the bond at Annexure ‘B’ to the instructions of the 8th January, 1959 (Decision No. 4 above) is hereby substituted by the one attached herewith.

2. In so far as the persons serving in the Indian Audit and Accounts Department are concerned, these orders are issued in consultation with the Comptroller and Auditor General of India.

[MHA OM No. 45/1/61-Ests.(A), dated 26.11.1963]

ANNEXURE ‘B’

BY THIS BOND I …………………………. having taken an advance of Rs …………………. (Rupees ………………….. only) from the President of India (herein after called the Government) promise to pay to the Government the sum of Rs …………………. in ………………. equal monthly installments of Rs ………………. by the 10th of every month commencing from ………………………….

2. AND I agree that in case I cease to be in Government service for any reason whatsoever the entire balance of the amount shall become at once due and payable and that in case I fail to pay the same before the date of expiry of six months from the date I cease to be in Government service or before the date on which the payment of the last installment under this bond would have become due but for my ceasing to be in Government service, whichever date is earlier, the Government without prejudice to any other right to which it shall be entitled under any law for the time being in force, shall recover the entire balance of the amount from me.

Dated this …………………………… day of ……………………………… 19 .

Witness to Signature
1 ………………………….
2 ……………………….

(Signature of Government servant)

Accepted
Signature ………………………………
(Designation) ………………………………
For and on behalf of the President of India

ANNEXURE ‘C’

SURETY FORM

Know all men by these presents that I …………………. son of Shri ……………………………. resident of ……………………. in the district of ………………………… at present employed as a permanent …………………………. in the …………………………………. (hereinafter called ‘the surety’) am held and firmly bound to the President of India (hereinafter called ‘the Government’) which expression shall include his successors and assignees in the sum of Rs …………………………. (Rupees ………………………………… only) with all costs between attorney and client and all charges and expenses that shall or may have incurred by or occasioned to the Government to be paid to the Government for which payment to be well and truly made I hereby bind myself, my heirs, executors, administrators and representatives firmly by these presents. As witness my hand this …………………………. day of ……………………. one thousand nine hundred and ……………………….

Whereas the Government has agreed to grant to Shri ……………………………. son of Shri …………………………. a resident of ………………………. in the District of ………………………. at present employed as temporary/quasi-permanent in the …………………. (hereinafter called ‘the borrower’) at the borrower’s own request an advance of Rs ……………………………. (Rupees ……………………………………. only) for the …………………………. and whereas the borrower has undertaken to repay the said amount in ………………………. equal monthly instalments.

And whereas in consideration of Government having agreed to grant the aforesaid advance to the borrower the surety has agreed to execute the above bond with such condition as hereunder is written.

Now the condition of the above written bond is that if the said borrower shall, while employed in the said ……………………………………………. duly and regularly pay or cause to be paid to the Government the amount of the aforesaid advance owing to the Government by installments, then this bond shall be void otherwise the same shall be and remain in full force and virtue.

But so nevertheless that if the borrower shall die or become insolvent or at any time cease to be in service of the Government the whole or so much of the said sum of Rs ……………………… (Rupees ……………………… only) as shall then remain unpaid shall immediately become due and payable to the Government and be recoverable from the surety in one installment by virtue of this bond.

The obligation undertaken by the surety shall not be discharged or in any way affected by an extension of time or any other indulgence granted by the Government to the said borrower whether with or without the knowledge or consent of the surety.

The Government have agreed to bear the stamp duty, if any, for this document.

Signed & delivered by
the said ………….
at …………………….
this ………………….
of ………………………19.

Signature of Surety ………………………
Designation ………………………
Office to which attached ………………………
In the presence of
1. ………………………
2. ………………………

Signature
Address & Occupation of witness

Accepted
(Signature) ………………………
Designation ………………………
For and on behalf of the President of India

(6) Retired Government servants involved in legal proceedings – Provision of legal and financial assistance.

Question has been raised whether, and if so, under what circumstances, Government should provide legal and financial assistance to a retired Government servant for the conduct of legal proceedings instituted against him by a private party in respect of matters connected with his official duties or position before his retirement. This has been considered by Government and it has been decided that the provisions contained in paragraph 2 (c) of the Ministry of Home Affairs O.M. No. 45/5/53-Estt. (A) dated 8th January, 1959 (Copy enclosed) should be extended also to retired Government servants. Accordingly, the provisions contained in the aforesaid paragraph, with the exception of the provision regarding grant of advance from Provident Fund, will apply also to Government servants who have retired from service, other than those who have been compulsorily retired from service as a measure of punishment. Further, the amount of interest free advance that may be granted to a retired Government servant will be subject to a maximum limit of Rs. 500/-

2. The form of declaration to be obtained from a retired Government servant when the Government undertakes his defence and the form of Bond to be obtained from him, if advance is granted to cover legal expenses, are enclosed as Annexure ‘A’ and ‘B’ to this Office Memorandum.

3. The provisions regarding consultation with Union Public Service Commission and the authority competent to take decision in each case will be the same as those contained in Ministry of Home Affairs Office Memorandum dated 8th January, 1959.

ANNEXURE A

(here enter description of the proceedings)

Date …………………….

Signature of the retired Government servant.

ANNEXURE B

BY THIS BOND I ________________________ a retired Government servant at present residing at _______________________having taken an advance of Rs.__________________ (Rupees ______________________ only) from the President of India (hereinafter called the “Government”) promise and undertake to refund and pay to the Government the said sum of Rs. ___________________ in ______%__________ equal monthly installment of Rs.________________ payable by the 10th of every month commencing from _______$_________.

2. And I agree that in case I fail to pay any of the above mentioned installment on due date, the entire balance of the amount then remaining due shall at once become due and payable by me to the Government and if I fail to pay the same within six months from the date on which the balance of the amount thus becomes due for payment, the Government shall have the right to recover the same from me by the due process of Law.

Dated this _____________ day of ____________________ 19.

(Signature of the retired Government servant)

Accepted.………………………

Witnesses to signature.
1. ________________
2. ________________

Z (Signature) ………………………
(Designation) ………………………
for and on behalf of the President of India

* Here give the name and other particulars of retired Government servant including the post held by him before retirement.

% Here mentioned the number of instalments.

$ Here mention the date of commencement of the first installment.

Z Here mention the designation of the officer who is authorized to execute the bond under article 299(1) of the Constitution.

[DOPT O.M. No. 28022/1/75-Ests.(A) dated 20th January, 1977]

(7) Vindication of allocation by Government servants – going to press without permission of favoured.

The staff side of the National Council (JCM) had recently suggested that the provisions contained in Rule 19 (1) of the Central Civil Services (Conduct) Rules, 1964, should be amended suitably to allow Unions or Associations of Government Employees whose activities were maligned in the Press to vindicate themselves, without obtaining the previous sanction of the Government.

This matter was discussed in the meeting of the Committee of the National Council set up to consider the suggestions of the staff side for amending the Conduct Rules. While the suggestion that the rule should be so amended that individual employees are enabled to go to the Press to vindicate their position without prior permission was not favoured, it was decided to issue further instructions to provide that Government should take significant or positive steps in the circumstances where the adverse criticism of Government employees in public was found to be based on wrong premises.

As the Ministry of Finance etc., are aware, instructions regarding action to be taken in the event of allegations against Government servants in the Press are contained in the them Ministry of Home Affairs (now Department of Personnel and Training) Office Memorandum No. 25/32/54-Estt. (A) dated the 8th January, 1959 (Decision No. 3). Attention is particularly invited to para 3 to this Office Memorandum. It is considered that the provisions contained therein should be invoked where it is found on an enquiry that the allegations in the Press against individual Government servant are based on ignorance, insufficient information or even malice.

It is requested that the contents of this Office Memorandum may be brought to the notice of all concerned.

[DP&AR OM No. 11013/21/76-Estt. (A), dated 24.02.1977]

(8) Legal assistance to Government employees for proceedings instituted in respect of his official duty or position by another Government employee.

Attention is invited to the Ministry of Home Affairs Office Memorandum No. 45/5/53-Ests.(A) dated the 8th January, 1959, on the above mentioned subject and to say that Government have had occasion to consider whether Government should undertake the defence of a Government employee against whom a case is filed by another Government employee or reimburse the reasonable costs incurred by the former for his defence if such cases are in respect of the matters connected with the former’s official position or duties. It has been decided that, whether on a consideration of the facts and circumstances of the case, it is considered that it would be in public interest to defend a Government employee in a case filed against him by another Government employee in respect of matters connected with the former’s official duties or position, the latter may be treated as a ‘private party’ and assistance given to the former in terms of para 2 (c) of the Office Memorandum referred to above. But this will not apply to cases in which the Government employee(s) has/have been impleaded as co-respondent(s) by other Government employee (s) in suite against the Government in regard to conditions of service such as seniority etc.

[DOPT O.M. No. 28020/1/78-Ests.(A) dated 6th October, 1978]

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