COMPENDIUM OF INSTRUCTIONS Miscellaneous Matters

General Instructions
Copy of letter No. 34013/4(S)77-Estt. (B) dated the 28th October, 1977 from Director (E)
Government of India, Deptt. of Personnel and Administrative Reforms, Ministry of Home Affairs,
New Delhi addressed to the Chief Secretaries of all State Government/Union Territory
Administrations and to etc.
Subject :- Review of cases of Central Government servants convicted under DISIR during internal
emergency­ Guidelines for.
In para 5 of this Department’s OM of even number dated the 10th May, 1977, it had been
stated that cases of Central Government employees who were convicted by the courts under the DISIR
during the internal emergency should be taken up for review. The following guidelines may be followed
in reviewing such case:-
(i)
(ii)
(iii)
(iv)
(v)
A Government servant convicted in a court of law of an offence is to be dismissed,
removed or compulsorily retired from service if the offence is of such a nature as to
render further retention of the Government servant in public service prima facie
undesirable. Keeping this general principle in view, the disciplinary authority should
call far and examine a copy of the judgment (leading to his conviction) with a view to
decide whether the action already taken to dismiss, remove or compulsorily retire the
Government servant needs modification or cancellation.
If a Government servant is found to have been convicted for economic offences or
acts of violence or for acts prejudicial to national security act there would be no case
for showing leniency. But in regard to other convictions which do not involve (a)
any moral turpitude or (b) any participation in violent activities, a lenient view would
be justified considering that most of the convictions under DISIR during the
Emergency were on account of participation in the activities of the erstwhile banned
organisations or distribution of anti-emergency literature.
In cases where it is felt that the action earlier taken in the form of dismissal, removal
or compulsory retirement appears to be excessive but not to tally without jurisdiction,
the competent authority may set aside the order imposing the penalty of dismissal or
removal or compulsory retirement and order a departmental enquiry for imposing an
appropriate minor penalty.
In the case of officers where the Service Commission was consulted before imposing
the penalty of dismissal removal or compulsory retirement, the Commission may
have to be consulted formerly again before setting aside such penalties.
In all cases where the Government servants have been reinstated, half pay and
allowances may be paid for the Intervening period (calculation of the amount being
made in the same manner as in the case of subsistence allowance).
Central Government employees who were suspended from service pending
investigation or pending trial in courts under the DISIR may be reinstated if the
investigation has been dropped or the cases withdrawn.
As regards appointment to a post under the Government, in respect of applicants who were
convicted for political offences during the internal emergency, care should be taken to ensure that no
adverse inference is drawn against the interest of an applicant unless the conviction is for an offence
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