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

Compendium of Instructions on Conduct & Duties—Vol. VICopy of letter No. 8/64-AIS. III, dated the 14th January, 1965, from the Under-Secretary to theGovernment of India, Ministry of Home Affairs, New Delhi-II, to the Chief Secretary to theGovernment, of all State Governments except Orissa and Nagaland.Subject :- All India Services Conduct Rules, 1954-interpretation.I am directed to state that recently a question was referred to the Government of Indiawhether wives of All India Services Officers, should be permitted to enter into business or becomepartners in firms of a commercial nature.2. After a careful consideration, Government of India are of the opinion that even though thewife of an officer may intend to undertake business activity from funds entirely at her own disposal thislegal "separation" between the officer and his wife, may not be fully acceptable or tenable in the publiceye, who would be prons to cast aspersions on the officer and the office that he holds. Apart from this,the nature of duties of all India Services Officer is such that he may exercise influence in varyingspheres of governmental activity, depending upon the post that he holds from time to time. The StateGovernment on their part may suffer the difficulty of precluding the services of such an officer fromdepartments which might bring him into contact with the business activities of his wife in his officialcapacity. Even if the officer conducts his affair in absolutely honest manner and keeps his conductabove reproach, the chances of allegations of direct or indirect abuse of his official position, cannot beruled out.3. I am to request that while dealing with such request from the All India Services Officers, theState Governments may keep in mind the views expressed above.__________Copy of Punjab Government Circular letter No. 140-2-GSI-65/5259, dated 4th March, 1965, fromthe Chief Secretary to Government, Punjab to all Heads of Department, etc., etc.Subject :- Possession by Government employees or by any other person on their behalf of pecuniaryresources of property disproportionate to their known sources of income.I am directed to say that a presumption of corruption fairly and reasonably arises against anofficer who cannot account for large accretion of wealth which he could not possibly have saved fromhis known sources of income. This principle has received statutory recognition in section 5(3) of thePrevention of Corruption Act, 1947, and its application in a departmental enquiry against an officercharged with corruption could not, therefore, be unjust or inequitable. In fact, this principle hasrecently been up-held by the Supreme Court in the case of Shri G.R. Mankar versus Union of India (CivilAppeal No. 160 of 1963).2. You are, therefore, requested to ensure that, in a departmental enquiry against an officercharged with corruption and found to be in possession of assets disproportion to his known sourcesof income, the Presenting Officer concerned bring the legal position, as senate out in para I above, tothe notice of the Enquiring Officer.3. Punjab Government's letter No. 4167 -2GS-63/9945, dated the 28th March, 1963, may betreated as cancelled.36