Sunday, 10 March 2019

Accountability (wilful delay )

A Core Group on Administrative Reforms (CGAR) has been constituted under the chairmanship of Cabinet Secretary in February, 2003 to formulate specific changes in the systems and procedures in consultation with the ministries/departmentsconcerned andto advise strategies for changing attitudes.

The CoreGroup has decided that the existing provisionsabout accountability mechanism should be reiterated with a view to bring to everyone's notice that these provisions are adequate for initiating disciplinary proceedings when an officer adopts a dilatory attitude leading to delay in decision-making and/orharassment of the public.

2. In view of the above, the followingprovisions of CCS (Conduct) Rules, 1964 are brought to the noticeof all MinistrieslDepartmentsfor information and necessary action :-

(i) maintainabsolute integrity;
(ii) maintaindevotion to duty; and
(iii) do nothingwhich is unbecoming of a Government servant.

(2) (i) Every Government servant holding a supervisory post shall take all possible steps to ensure the integrity -and devotion to duty of all Government servants for the time being under his control and authority;
(ii) No Government servant shall, in the performance of his official duties, or in the exercise of powers conferred on him, act otherwise than in his best judgement except when he is acting under the direction of his official superior; •

Explanation I :- A Government servant who habitually fails to perform the task assigned to him within the time set for the purpose and with the quality of performance expected of him shall be deemed to be lacking in devotion to duty within the meaning of clause (ii) of sub-rule (1).



Explanation 11:- Nothing in clause (iij of sub-rule (2) shall be construed as empowering a Government servant to evade his responsibilities by seeking instructions from, or approval of, a superior officer or authority when such instructions are -not necessary under the scheme of distribution of powers and responsibilities. (b) in his official dealings with the public or otherwise adopt dilatory tactics or wilfully cause delays in disposal of the workassigned to him.

 J 3. Rule 11 0f the CCS (CCA) Rules, 1965 provides that the penalties (ranging from 'censure' to 'dismissal') mentioned therein may be imposed on a Government servant 'for good ~nd sufficient reasons'. Thus any Government servants violating the provisions of Conduct Rules can be proceeded against as it will form 'good and sufficient reasons' for imposing the penalties prescribed in Rule 11.

In other words, disciplinary proceedings could be initiated if an officer adopts a dilatory attitude, leading to delay in decisions makingand/or harassment of the public.

4. MinistrieslDepartments are also requested to bring the above cited provisions of the Conduct Rules and CCA Rules to the notice of all the officers and officials in the Ministry/Department (proper) and in the organizations/offices under their administrative control to clarify that if they are found responsible for willful delay in disposal of the various types of cases dealt with by them, finally leading to delay in decisions making,they shall be liable for disciplinary action in terms of the relevantprovisions referred to in para2 and 3 of this OM.



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