COMPENDIUM OF INSTRUCTIONS Miscellaneous Matters

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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 247
Compendium of Instructions - <strong>Miscellaneous</strong> <strong>Matters</strong>—Vol. IX involving moral turpitude, which could be regarded as sufficient ground for considering the applicant ineligible for Government service except where the appointing authority comes to a considered conclusion that there are features and grounds to believe that the person has rid himself of the weakness in which case specific approval of Government should be obtained before his employment. In this connection, attention is invited to paragraph (a) Home Department O.M. No. 20/58/45-Estts. (S) dated the 7th Feb., 1947 and also MHA-OM No. 2/11/56Estts. (B) dated the 1st December, 1956 (vide pages 23 and 43 of the Brochure on verification of character and antecedents of Government servants issued by the Ministry of Home Affairs. 3. Ministry of Finance etc. are requested to take action accordingly and bring the contents of this O.M. to the notice of all Heads of Departments/Offices under their control. __________ Copy of letter No. 34013/4(S)77-Estt. (B) dated the 1st November, 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. I am directed to forward herewith a copy of the Office Memo. No. even number dated the 28th October, 1977 issued to the Ministries/Departments of the Government of India on the above mentioned subject for information and guidance. In this connection I am to invite reference to this Ministry's letter of even number dated the 10th May, 1977 regarding review of cases of employees whose services were terminated by invoking the provisions of proviso (c) to Article 311 (2) of the Constitution of with which a copy of this Department's OM of even number dated the 10th May, 1977 was enclosed. __________ 248
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II CLASSIFICATION OF POSTS
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III OUTSOURCING POLICY
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Outsourcing Policy No. 43/5/2001-IG
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Outsourcing Policy APPENDIX POLICY
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IV SERVICE RULES
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Service Rules Copy of U.O. Circular
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Service Rules MODEL SERVICE RULES (
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VI GENERAL INSTRUCTIONS
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COMPENDIUM OF INSTRUCTIONS Miscellaneous Matters

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