compendium of instructions conduct & duties - Chief Secretary ...

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Conduct InstructionsIf a Government servant resorts to a Court of Law with the previous sanction ofGovernment to vindicate his conduct arising out of or connected with his officialduties or position though not required to do so by Government, he will not ordinarilybe entitled to pay any assistance but Government may in deserving cases, sanctionadvances in the manner indicated in sub-para C (ii) above, but no part of the expensesincurred by the Government servant will be reimbursed to him even if he succeeds inthe proceedings.Clause (d) of article 320 (3) of the Constitution required consultation with the Public ServiceCommission or any claim by a Government servant for the reimbursement of the costs incurred by himin defending legal proceedings instituted against him in respect of acts done or purporting to be donein the execution of his duty. In order cases consultation with the Public Service Commission is notobligatory, but it will be open to Government to seek the Commission’s advice, if considered necessary.The question whether a case falls under article 320 (3) (d) of the constitution so as to require consultationwith the Commission may at time be difficult to determine. It may be stated generally that the isobligatory in a case where a reasonable connection exist between the act of the Government servantand the discharge of his official duties, the act must bear such relation to the official duties that theGovernment servant could lay a reasonable but not a pretended or a fanciful claim that he did it in thecourse of the performance of his duties.9. The recovery of advance will be made in not less than twelve and not more than twenty-fourequal instalments, the exact number being determined by the sanctioning authority.The advance will be debatable to the head “P-Loans and Advances by State GovernmentLoans to Government Servants-M-other Advances-Advances for legal proceedings” for expenditureconnected with the interest-free advances to Government servants involved in legal proceedings.10. These instructions are being issued with the concurrence of the Finance Department,-videtheir U.O. No. 5447-FGI-(DS)-61, dated the 21st December, 1961. I am to request that these instructionsmay be brought to the notice of all Government servants under your control.11. The receipt of this letter may please be acknowledged.ANNEXURE ‘A’(Here enter description of the proceedings)The Government of Punjab having been pleased to undertake my defence in the aboveproceedings.. I hereby agree to render such assistance to Government as may be required for mydefence and further agree that I shall not hold Government in any way responsible if the proceedingsend in the decision adverse to me.Dated :___________Signature of the Government Servant29
Compendium of Instructions on Conduct & Duties—Vol. VIANNEXURE ‘B’By this Bond, I_________________(here give the name and other particulars of theGovernment servant including post held by him) acknowledge myself bond to the Government ofPunjab in the sum of Rs.______________________ (here enter a sum representing double the amountadvanced) to the said Government.Now the above written Bond is conditioned to be void in case the above bounder (Governmentservant), his personnel representatives or any person acting for and on behalf of the above bounden)(Government servant) shall, on demand, pay to the said Government or its representatives of assignsor their attorney authorised to receive the same, the said sum of Rs.______________________butin the event of the above bounden (Government servant) or his personal representatives or any personacting for and on his behalf failing to pay the said sum on demand, the above written Bond shall remainin full force and effect.Dated this the_____________day of_____________19 .Witnesses :—Signature of the Govt. Servant(Published in the Punjab Government Gazette, Legislative Supplement Ordinary,dated the 26the January, 1962)___________Copy of letter No. 16110-8GS-62/39005, dated 6th November, 1962 from the Chief Secretary toGovernment, Punjab to all Heads of Departments, etc., etc.Subject :- Approaching Ministers and other higher officers.I am directed to say that the Government has observed that the tendency on the part ofofficials to approach higher officers and Ministers by ways other than those indicated through ‘properchannel’ is on the increase. This practice is contrary to the instructions issued by the Government fromtime to time and subverts discipline. In this context, attention is invited to the instructions containedin Punjab Government letter No. 4174-P-54/17154, dated the 28th July, 1954 which may be brought tothe notice of all Government servants under your control for strict compliance. They may be told inexpress terms that you will take strict disciplinary action against them for any infringement of theseinstructions.2. The receipt of this communication may kindly be acknowledged_________30
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VGENERAL DUTIES
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General DutiesEndst. No. 62/03/2009
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