Mentor’s Comment:

The question is straight forward and don’t require much suggestion. However, the knowledge of hierarchy in government, order of precedence and a fair knowledge of Civil Service Conduct Rules 1964 will provide good input in answer.

Also the person who executes rules should and must be anticipated to follow it in all circumstances. And hence, the points should be directed towards this.

 

Model answer:

(a) Section 19 of Central Civil Service (Conduct) Rules 1964 provides a mechanism through which a civil servant can vindicate his grievance. The Civil Servant has to exhaust all options before which he can proceed to a court or to any other forum including approaching to his excellency the governor. He cannot approach directly the higher authority passing other officers in the hierarchy. The employee should approach first to head of office for redressing his/her grievances and thereafter can approach senior officers in hierarchy. Ultimately the employee has got a right to approach the state government for redressal.

The above arrangement brings discipline in organization and that is why jumping the hierarchy is treated as misconduct. There is a ‘proper channel’ through which an employee is supposed to move. Hence, writing a letter directly to the Governor of the state is treated as misconduct under the Civil Services (Conduct) Rules, 1964.

 

(b) Through section ‘15’ of civil services (conduct) rules 1964, private trade or employment is forbidden for a civil servant. The principle is that the whole time of a civil servant is at the disposal of the government which pays him. He is on duty 24 hours for the government. In the above case, a civil servant doing a part time job in an educational institution is breaking this rule. Hence, the question of double loyalty of the civil servant arises. It also comes in way of devotion to duty’ as mentioned in the sections 3 of civil services (Conduct) Rules.

Government pays to Civil Servant according to its capacity and civil servants know their pay structures promotional avenues before they join the Civil Services and hence to undertake any other job along with civil services is unethical and the government does not permit it.