A copy each of the marginally noted Office Memorandum from the Ministry of Home Affairs, Government of India, on the above-mentioned subject is forwarded herewith for information and necessary action.
The Board desire that the instructions contained in paragraphs 2 and 4 of the Home ministry’s Office Memorandum dated 30.04.1952, and those contained in paragraph 2 of their Memorandum dated 11.10.1952 may be brought to the notice of all Railway employees through the medium of the Railway Gazette etc.
Copy of office Memorandum No.118/52-Ests. Dated 30.4.1952. of Ministry of Home Affairs
Sub: Representations from government servants on service matters –advance copies.
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1. 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 his service rights or conditions, a Govt. 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 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 refused relief or ignored or unduly delayed the disposal of the case. Representations to still higher authorities [e.g. those addressed to the President, the Government, or to Hon. Ministers must not be made unless all means of securing attention or redress from lower authorities have been exhausted even in such cases the representation must be submitted through the proper channel [i.e. the Head of office, etc. concerned]. There will be no objection at that stage, but only at that stage, to an advance copy of the representation 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 representation should be ignored or rejected summarily on that ground, the reasons being communicated briefly to the Govt. servants. If the Govt. 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 all 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 exist. Where no such grounds appear, the representation may be ignored or summarily rejected, the reasons being communicated briefly to the Govt. 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 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.
4. Some Govt. 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 Hon. Minister, Secretary, Members of Parliament, [etc.]. This is a most objectionable practice, contradictory to official propriety and subversive of good discipline and all Govt. servants are expected to scrupulously eschew it.
5. Separate instructions exist in respect of officers of the All-India Services and those instructions do not apply to those officers.
6. It is requested that the above instructions may be brought to the notice of all Govt. servants.
Copy of Office Memorandum.25/52/52-Ests dated 11.10.1952 from Jt. Secretary to Govt. of India, Ministry of Home Affairs
Sub: Seeking redress in Courts of Law by Government servants of grievances arising out of their employment or conditions of service.
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1. Attention is invited to the instructions contain ed in this Ministry’s O.M. No. 118/52-Ests. dated the 30th April 1952, which deals generally with circumstances and the manner in which Government servants can seek redress of grievances arising out of their employment or conditions of service.
2. Instances have occurred where Government servants have improperly had recourse to the Courts of Law in such matters. It is, therefore, considered necessary, in continuation with the instructions quoted above, to state that, in the matter of grievances arising out of a Government servant’s employment or Conditions of service, the proper course is to seek redress from the appropriate departmental and Governmental Authorities. Any attempt by a Government servant to seek a decision on such issues in a Court of Law, [even in cases where such a remedy is legally admissible] without first exhausting the normal official channels of redress, can only be regarded as contrary to official propriety and subversive of good discipline and may well justify the initiation of disciplinary action against the Government servant.