A S Misra Law and Practice of Character and Integrity Rolls (Print On Demand)

The purpose of this book is to present in a convenient and classified manner, the subject of character rolls and integrity certificates in all its bearings. Effort has also been made to discuss some allied matters likely to be useful to junior officers in particular, and to the whole body of civil servants in general, including those who have grievances to be redressed in respect of the adverse entries in character rolls or the withholding of integrity certificates.

The book is copiously documented, necessary references to authorities in support being given all through, increasing utility of the book for practical purposes.

For officers and staff :

The administrative officer will find herein the rules and orders, bearing on his duties as a recording officer or as a revising authority in the matter of character rolls and integrity certificates. Young officers will also find it as a handy guide for avoiding adverse entries in their rolls or the withholding of integrity certificates. Also practical suggestions for drafting representations and memorials on the subject, with appropriate precedents, are included herein.

The book will also help in satisfying the increasing consciousness amongst civil servants to secure fair play and eligible parity.

Senior officials might find within these pages some details with which they are already familiar, which nevertheless have been included to make the book useful to their less experienced colleagues and to the other members of the office establishment. Besides, this has made the book a self-contained work for complete and easy reference.

For the Bench and the Bar :

Matters connected with character rolls have come within the purview of Courts and many pronouncements of the Supreme Court and the High Courts hold the field. The members of the Bench as well as of the Bar will also find the book useful. To those members of the legal profession who undertake the drafting of appeals, representations and memorials on behalf of aggrieved civil servants, the book will prove to be a handy guide and a convenient book of reference.

                   DEDICATION III
                   PREFACE TO THE SECOND EDITION V
                   PREFACE TO THE FIRST EDITION VI
                   TABLE OF CASES XXI
                   CORRIGENDA XXII

                   Scope of the book, 3
                   Distinction between confidential roll and character roll, 3
                   References, 4
                   Position about members of All India Services, 4
                   Implication of the word ''officer'', 5
                   Pension,  5
                   Avoidance of unnecessary capital letters, 5
                   Use of italics, 5

                   Universality of confidential record, 7
                   The five basic propositions of conduct, 8
                   Good conduct compensates for ''not-so-good'' work, 8
                   Role of the Civil Servant,   9
                   The new outlook, 10
                   The unwritten rule of conduct, 10
                   Adverse entry and censure, 12

                   Purpose and general propositions 19
                   Object of confidential rolls, 19
                   Maintenance of character/confidential rolls, 20
                   Contents of character rolls for subordinate officials, 20
                   Rolls for temporary employees, 21

                   Kinds of entries-annual and special, 21
                   Annual entries, 21
                   Special entries 23

                   Members of All India Services, 24
                   Entries for district level officers of department connected with
                   planning work, 25
                   Secretariat establishment,   26
                   Collectorate and Tahsil staff, 26
                   Annexure : All India Services (Confidential Rolls) Rules, 1970 27

                   General, 33
                   Parts of rolls maintained by Government, 34
                   Form for officers of All India Services, 34
                   For State Civil Service (Executive Branch) and State Police Service, 34
                   Form for gazetted officers, 34
                   General form of character roll for subordinate officials, 34
                   Form for technical services, 34
                   Form for civilian personnel in Defence Services, 35
                   Some other forms, 35

                   Special provisions about administrative and gazetted officers : 35
                   (i) Information about touring, (ii) Reports on officers exercising magisterial
                   or revenue powers, (iii) Special provision regarding senior members of the
                   U.P. Civil Service, Executive Branch. (iv) Remarks about officers eligible for
                   additional pension, (v) Entry about approved courses of study
                   (vi) Censure and other punishments. (vii) Statistical data not 
                   to be included. Special provisions regarding subordinate officials 38
                   (i) Efficiency, reputation and general conduct. (ii) Entry about promotion,
                   punishment and resignation. (iii) Practice in the U.P. Secretariat.
                   (iv) Commendatory remarks in files. (v) Grant of honorarium and
                   other monetary rewards. (vi) Rewards to police personnel.
                   Points common to all 39
                   (i) Paltry defects not to be mentioned. (ii) Integrity certificate.
                   (iii) Withholding of integrity certificate. (iv) Outstanding 
                   contribution to some important Government work.
                   (v) Conferment of national decoration,
                   (vi) Representations against adverse entries not to be entered.
                   (vii) Oath on first appointment. (viii) Particulars 
                   and declaration about immovable property, etc.
                   Annexure : Paragraphs 35 and 36 of the Manual of Government Orders
                   regarding remarks for special additional pensions 41

                   In the case of officers of administrative services, 45
                   Adverse entry not to be made without first issuing a warning, 46
                   Routed reports, 46

                   Communication of adverse remarks 47
                   The Underlying principle and importance, 47
                   Communication, a legal necessity, 47
                   Communication - administrative directions, 48
                   Communication to be prompt, 48
                   Confidential entries-communication-conflict between the 
                   views of reporting, reviewing and accepting authority, 49
                   Which of the adverse remarks should be communicated, which not, 49
                   Special provision for I.A.S. and I.P.S. Officers, 49
                   Special provision about other officers, 50
                   Secretariat establishment,   50
                   Subordinate officials, 50
                   Communication of adverse remarks to judicial officers, 50

                   Good remarks to be communicated in certain circumstances, 51

                   Whole entry to be communicated, 52
                   Communication to be in writing, 52
                   Note to be made about communication, 52
                   Acknowledgement to be obtained, 52

                   Right of representation against adverse remarks, 53
                   Period of limitation, 53
                   Revising authority, 54
                   Representation to be in the form of petition and separately
                   for each party, 54
                   Representation to be complete in itself, 54
                   Representation should conform to conventional propriety, 54
                   Representation to be routed through proper channel, 54
                   Name of representationist to be clearly written, 54
                   Signature on the representation, 55
                   Government paper and Service stamps not to be used, 56
                   Advance copies, 56
                   Prompt action on representations, 56
                   Procedure for dealing with representations, 56
                   Possible orders on the representations, 58
                   Procedure for giving effect to order for
                   expunction or modification, 59

                   What is a memorial and when permissible, 59
                   Limitation for memorial, 59
                   Advance copy of memorial, 60
                   Withholdment of memorial, 60
                   Prohibition against withholdment of memorial of All-India
                   Service officers, 61
                   Other provisions about representations to apply to memorials also, 61

                   Grant of annual increment, 62
                   Crossing of efficiency bar, 63
                   Termination of temporary appointment, 63
                   Termination of probationary appointment, 64
                   Confirmation, 64
                   Conferment of quasi-permanent status, 65
                   Promotion, 65
                   Deputation and foreign service, 66
                   Selection for training or study, 66
                   Award of national decoration, 66
                   Disciplinary cases, 67
                   Extension and re-employment 68
                   Forced retirement after 25 years' service, 69
                   Forced retirement at 50 years, 69
                   Grant of ordinary pensions, 71
                   Additional pensions and special additional pensions, 72
                   Extraordinary pensions, 72
                   Grant of death-cum-retirement gratuity or family pension, 73
                   Grant of compassionate allowance on dismissal or removal, 74
                   Revision, 75

                   General, 76
                   Grounds on which an adverse entry can be challenged, 76
                   Mala fides, 76
                   Extraneous considerations or without jurisdiction, 77
                   Violation of mandatory directions, 77
                   Remedies against adverse entries, 77
                   Representation and memoir, 77
                   Action in court, 78

                   Reporting officers to study standing orders on character rolls, 79
                   Responsibility for compliance with rules, 80
                   Justiciablity of adverse entries, 80
                   Reports to be in narrative form, 80
                   Reporting officer can receive suggestions from another officer
                   for roll entries, 80
                   Period of report and designation of reportee, 81
                   Name and designation of reporting officer with date, 81
                   Signature on the entry, 81
                   Time-schedule for recording of entries and connected matters, 81
                   Custody of confidental rolls, 82
                   Roll to be filed with proceedings of new appointment, 84
                   Transfer of roll, 84
                   Roll to be kept up-to-date, 84
                   Copies of entries not to be given, 84
                   Use of roll by Public Service Commission, 84
                   Treatment of roll on termination of service, 84
                   On removal or dismissal, 85
                   Roll, the property of Government,   85
                   Good paper to be used, 85
                   Stiff covers to be used, 85

                   State Railways 86
                   General, 86
                   Provisions in the Railway Establishment Code, 87

                   General, 90
                   Confidential reports, 91
                   Confidential records, 93
                   Character sheets, 93
                   Forms, 93
                   Representation against adverse remarks, 93

                   Reports on officers, 95
                   Reports on subordinate officials, 99
                   Recommendation rolls for subordinates, 100
                   General points about subordinates, 100

                   Confidential reports on officers, 102
                   Confidential reports on subordinates, 103
                   Entry about blood donation, 103

                   Police, 103
                   Jails, 104
                   Excise, 104
                   Medical, 105
                   Public Health, 105
                   Tube-wells, 105

                   Acknowledgment of good work, 106
                   Prohibition of certificates to serving personnel, 106
                   Certificates for Secretariat establishment, 107
                   Service certificates for railwaymen, 107
                   Clean chits to discharged employees, 107
                   Check against discharge of temporary employees with
                   satisfactory record, 108
                   Restriction on approach to officers, 108
                   Prohibition against approach to legislators, 108
                   Service rolls, 109

                   General, 110
                   The superior officer is always right, 110
                   Habit of contradicting to be avoided, 112
                   Observance of standards of financial propriety, 113
                   Balance of temper, 113
                   Other points, 115

                   General, 116
                   Discipline and character, 116
                   Courtesy and etiquette, 117
                   Economy of speech, 119
                   One thing at a time, 120
                   lglk fon/khr u fdz;ke, and the doctrine of verification, 121
                   Personal office and library, 122
                   How to find time, 123
                   Transcendental meditation, 124
                   Cultivation of a hobby, 124
                   Residuary aids, 124
                   ''A Message to Garcia'', 125

                   CIRCULARS ON CHARACTER ROLLS, 127
                   CIRCULARS ON CONNECTED SUBJECTS

                   Purpose, 138
                   Raja Sir Maharaj Singh Committee, 1938, 138
                   U.P. Disciplinary Proceedings Inquiry Committee, 1952, 139

                   Importance of integrity certificates, 142
                   Employees subject to integrity certificates, 143
                   Form of integrity certificate, 143
                   Officers empowered to grant or withhold certificates, 143
                   No elaborate procedure for withholding certificate, 144
                   Integrity certificate to be included in annual
                   confidential report, 144
                   Annual statement by departmental heads, etc. regarding 
                   integrity of their subordinates, 144
                   Right of representation against withholdment of certificate, 145
                   Obligation to follow standing instructions for
                   clean administration, 145
                   Advantage in retiring voluntarily in certain circumstances, 145

                   WHEN WITHHELD 147
                   PROCEDURE FOR WITHHOLDING THE CERTIFICATE 147
                       Maintenance of secret record, 147
                       Action on secret record, 147
                       Living beyond means, 148
                       Evil reputation for honesty, 148

                   Stoppage of annual increment, and at efficiency bar, 151
                   Non-confirmation of probationer, 152
                   Reference of case to Administrative Tribunal, 152
                   Other disciplinary action, 152
                   Ineligibility for promotion and reversion, 152
                   Transfer, 153
                   Termination of temporary employment, 153
                   Retirement at 50 years, 153
                   Retirement on completion of 25 years' service of attainment
                   of age 55, 153
                   Reduction in pension, 154
                   Other consequences, 154
                   Inquiry regarding property where increment has been stopped for
                   want of certificate, 154

                   Proficiency in drafting, 162
                   Prior study of material, 163
                   Three casts of the draft, 163
                   Fly-leaf, contents and chronology, 163
                   Beginning portion of draft, 163
                   Subject to the draft, 164
                   Division of draft into paragraphs, 164
                   Numbering of paragraphs, 164
                   Division of the draft into sections,   164
                   Language of the draft, 165
                   Examples of the use of improper language, 167
                   Avoidance of superlatives, 167
                   Singular to be preferred to plural, 168
                   Positive should precede the negative, 168
                   Impersonal tone to permeate the draft, 168
                   Summary of points, 168
                   Endorsements, 168
                   Annexures, 168
                   Stitching, 169
                   Submission of advance copy, 169

                   Prakash Chandra Sharma v. Oil and Natural Gas Commission, 173
                   R.L. Butail v. Union of India, 173
                   State of Punjab v. Dewan Chuni Lal, 173

                   Amulya Ratan v. State of West Bengal, 176
                   Bhajan Singh v. Bahal Singh, 176
                   B.V. Kanniah Chetty v. Inspector-General of Police, 177
                   Hira Singh v. Union of India, 177
                   K.K. Karunkara v. Director of Economics and Statistics, 178
                   Kedar Nath Agarwal v. State of Ajmer, 178
                   Kirpal Singh v. State of Punjab, 179
                   Lajpat Rai v. Governor of Haryana, 180
                   Nadhan Singh v. Union of India, 181
                   P.O. Verghese v. Director of Public Instruction, Kerala, 183
                   S.S.S. Venkatrao v. State of Orissa, 184
                   State of Rajasthan v. Guman Singh, 185
                   Vaidyanath Prasad Sinha v. State of Bihar, 186

                   Form of confidential report on Indian Civil Administrative Cadre officers
                   (Applies also to State Executive Service officers)   191
                   Form of confidential report on Indian Police Cadre officers 
                   (Applies also to State Public Service officers) 193
                   Revised form of confidential report on gazetted officers 193
                   General form of character roll for subordinate officials 194
                   Form of confidential report on gazetted personnel of 
                   Public Works Department 194
                   Form of confidential report on non-gazetted executives of P.W.D.
                   such as overseers 195
                   Form of confidential report on other non-gazetted personnel of P.W.D.,
                   such as technical establishment, computors, draftsmen, clerks 196
                   Form of confidential record for non-gazetted personnel of Posts
                   and Telegraphs Department 197
                   Form of acknowledgment of receipt of adverse entry 197
                   Form of annual report regarding integrity of officers, 198
                   Form of service roll for class IV employees 199

                   Memorial to the President of India by a member
                   of the Indian Police Service for expunction of a couple of
                   remarks in his confidential roll 202
                   Memorial against adverse entries by a member of the 
                   U.P. Police Service submitted to the Minister-in-charge
                   of the Police portfolio 217
                   Representation of the Tax Superintendent of a municipal board against
                   adverse remarks in his roll, including a censure entry made in it 230
                   Representation to the State Government against adverse remarks
                   in the roll of a sub-registrar 250
                   Representation to the State Government by another sub-registrar 
                   against adverse entries, withholdment of integrity certificate 
                   and future annual increments by I.G. of Registration 262
                   Representation against adverse entries in the roll of a store-keeper 275
                   Application submitting the representation for expunction of adverse
                   remarks, through proper channel, with advance copy to State
                   Government 285
                   Application submitting advance copy of the representation for 
                   expunction of adverse remarks 287
                   Endorsement submitting to the State Government an advance copy of the
                   representation against adverse remarks, withholdment of integrity
                   certificate and future annual increments 288
                   Application asking for information on certain points bearing 
                   on the adverse entries communicated to the reportee to enable 
                   him to make a full and proper representation against them 289
                   Extracts from a representation showing how a delinquent's 
                   past good record can be pleaded in disciplinary proceedings 290
                   Another extract on the same subject 290

                   Examples of defective entries, 301
                   Further examples of defective/unhelpful entries, 302
                   Examples of balanced and objective entries, 304
                   Some characteristic entries, 307
                   SELECT BIBLIOGRAPHY 309
                   TABLE OF CITED CASES WITH SUBJECT 312
                   THE INDEX 317