Treatment of Representations from Railway servants on service matters

Railway Board Letter No
E[D&A]69 RG 6-3 dated 14.2.69
Date
Circular Subject
Representations from Railway servants on service matters – treatment of

1. Reference Board’s letter No. E.52RG6-2 dated 4.11.1952 with which a copy of Ministry of Home Affairs’ Office Memorandum No. 118/52/Ests. Dated 30.4.52 on the above subject was circulated to all Railway administrations and it was desired that paras 2 and 4 thereof may be brought to the notice of all railway employees.  The Ministry of Home Affairs have once again intimated that undue delay occurs in the disposal of representations from Government servants in regard to matters connected with the service rights or conditions  which causes hardship to the individuals concerned.  They have, therefore, re-considered  the matter and issued self contained revised instructions in this regard which are as under:

[i]  Whenever, in any matter connected with 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 is competent to deal with the matter.  The representations from Government servants on service matters may be broadly classified as follows:

[1] Representations/complaints regarding non-payment of salary /allowances or other dues;
[2] Representations on other service matters;
[3] Representations against the orders of the immediate superior authority; and
[4] Appeals and petitions under statutory rules and orders [eg. Classification, Control and Appeal Rules and the petition instructions].

[ii] In regard to representations of the type mentioned at [1] & [2] above, if the individual has not received a reply thereto within a month of its submission, he can address, or ask for an interview with the next higher officer for redress of his grievances.  Such superior officer should immediately send for the papers and take such action as may be called for, without delay.

[iii] Representations of the type mentioned at [3] above, would be made generally only in cases where there is no provision under the statutory rules or orders for making appeals or petitions.  Such representations also should be dealt with as expeditiously as possible.  The provisions of the preceding paragraph would apply to such representations also, but not to later representations made by the same Government servant on the same subject after his earlier representation has been disposed off appropriately.

[iv] In regard to the representations of the type mentioned at [4] above, although the relevant rules or orders do not prescribe a time limit for disposing of appeals and petitions by the competent authority, it should be ensured that all such appeals and petitions receive prompt attention and are disposed within a  reasonable time.  If it is anticipated that an appeal or a petition cannot be disposed of within a month of its submission, an acknowledgement or an interim reply should be sent to the individual within a month. 

2. The treatment of advance copies of representations received by still higher authorities 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 Government servant.  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 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 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 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. 

3. 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 Hon. 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. The Board desire that the above instructions should be brought to the notice of all officers for information and necessary action; while the contents of paragraphs 1[i], 1[ii], 1[iii] and 3 above should be brought to the notice of all Railway servants.