DEDICATION V
FOREWORD VII
PREFACE TO SECOND EDITION IX
PREFACE TO FIRST EDITION XI
PART I : DEFINITIONS, INTRODUCTORY, UNION AND STATE GOVERNMENTS
[Chapters 1-4]
CHAPTER I : DEFINITIONS AND EXPLANATIONS
Note on printing and style of the test, 3
Definitions and meanings, 4
General explanations, 16
CHAPTER II : UNION GOVERNMENT-OUTLINE OF ITS ORGANISATION
General 19
The President and the Vice-President, 20
The Prime Minister, 21
Council of Ministers and Ministers, 22
The Union Secretariat, 23
Planning Commission, Attached offices and Heads of departments, 26
CHAPTER III : ADMINISTRATIVE ORGANISATION OF
STATE GOVERNMENT
The chart, 28
The Governor, 31
The Cabinet or Council of Ministers, 32
Position under President's rule, 32
The Secretariat, 35
Attached offices, 35
Accountant General's office, 35
Heads of departments, Principal Heads of offices and Heads of offices, 36
Divisional Commissioners and Regional officers, 38
District administration, 39
The judiciary, 41
CHAPTER IV : INTRODUCTORY PROPOSITIONS
Civil Service neutrality, 42
Namelessness of administrative officers-Civil Service anonymity
and indemnity, 42
Continuity of administration, but a change in the level of decision, 43
Administrative officer's responsibility for administrative justice, 44
Virtue, prime factor in administrator's efficacy, 47
Principles to be studied in view of multiplicity of statutes, rules,
orders, and court rulings, 47
Service traditions and late Prime Minister Nehru's call to
administrative officers, 48
PART II : INTRODUCTORY PROVISIONS, RULE OF LAW, ADMINISTRATIVE PROPOSITIONS, LAW OF BIAS AND MALA FIDES, SPEAKING ORDER ETC.
[Chapters 5-13]
CHAPTER V : RULE OF LAW AND ITS OBSERVANCE BY EXECUTIVE AUTHORITIES
Concept and meaning, 53
Judicial side of the rule of law, 55
The administrative side, 56
CHAPTER VI : ADMINISTRATIVE OFFICE AND BASIC PROPOSITIONS ABOUT HIM
Meaning and implications of administrative officer, 59
Key-role of the administrative officer, 60
Inter-relationship with Ministers, Secretaries,
other Secretariat Officers and Heads of Departments, 60
Constant liability to public criticism 65
Insensitiveness to public criticism 65
Stress on officers, 65
Traditions of administrative officers, the unwritten code of conduct, 66
CHAPTER VII : ADMINISTRATIVE PRINCIPLES IN OUTLINE
General, 68
The necessity for government, 69
Role of administrator in policy formulation, 70
Civil service ethics, 73
Human element in administration, 76
The good administrator, 78
The democratic spirit, 81
Stabilising effect of administrators, 82
Critical awareness of Parkinson's laws, 82
Administrator's difficulty in applying sound administrative principle 84
Inter-relation of private life with official life, 85
A word for red tape, 86
Maxims for I.A.S. officers, 87
Miscellaneous points, 87
ANNEXURE-Maxims for I.A.S. and other senior officers, 91
CHAPTER VIII : QUASI-JUDICIAL FUNCTIONS OF THE ADMINISTRATOR
Quasi-judicial orders and quasi-judicial capacity, 99
Ingredients of a quasi-judicial decision, 100
Distinction between a quasi-judicial decision and an
administrative decision, 102
Instances of purely administrative order, 102
Obligations of administrative authorities acting quasi-judicially, 103
CHAPTER IX : OBSERVANCE OF RULES OF NATURAL JUSTICE
General, 107
Natural justice, what is, 107
Notice of case-Reasonable Opportunity, 108
Right to be heard, 109
No man can be a judge in his own cause-Freedom from bias and
mala fides, 110
Decision to be based upon evidence and reason-Speaking order, 110
CHAPTER X : FREEDOM FROM BIAS AND MALA FIDES
Meaning of bias and mala fides, 112
Authorities to whom the law of bias and mala fides applies, 115
Assumption of bias or malice, 117
Proof of bias and mala fides, 118
Bias in disciplinary proceedings and other cases, 121
Safeguards and deterrents against administrative bias, 123
Supreme Court's leading decision on bias-Kraipak's case, 126
CHAPTER XI : OBLIGATION TO MAKE SPEAKING ORDERS
What is a speaking order, 133
Authorities who have to make speaking orders, 133
Instances in which an administrative officer must pass
a speaking order, 134
Other propositions, 135
Some instructive court-decisions on speaking orders, 136
CHAPTER XII : DISCRETION OF ADMINISTRATIVE AUTHORITIES
Meaning of ''discretion'', 140
General propositions on administrative discretion, 141
Abuse of power by administrative authorities, with a couple of rulings, 145
CHAPTER XIII : DECISION-MAKING
General, 150
When is an officer disqualified from taking a decision, 151
Reasonable and practical sides of a decision, 152
Directive of Director-General, Posts & Telegraphs, regarding
decision-making, 153
Indiscreet decisions, 154
How to argue with superior officer, 155
Gandhiji's method of approach, 156
Example of Abraham Lincoln, 157
Speaking and non-speaking decisions, 158
Snap decisions, 159
''To draw the snake out of its hole'' 160
''The best is the enemy of the good'', 160
Oral decisions, 161
Residuary propositions, 161
ANNEXURE-Sanction behind executive orders, 164
PART III : CONDUCT, BEHAVIOUR AND SECRECY
[Chapters 14-21]
CHAPTER XIV : CONDUCT AND MISCONDUCT
General, 171
Regulation of government servant's conduct, 172
Meaning of misconduct, 173
Misconduct in private life, 176
Effective safeguard against misconduct, 177
CHAPTER XV : CONDUCT RULES IN GENERAL
General, 180
Historical retrospect, 182
Various sets of conduct rules, 184
Conduct rules vis-a-vis fundamental rights, 187
The unwritten code of conduct, 189
CHAPTER XVI : ETHICS OF OFFICIAL BEHAVIOUR
General, 190
Contents of the aid memoire on official behaviour, 191
ANNEXURE-Radio talk on ''Integrity in administration'',
by Dr. Sampurnanand, former Mukhya Mantri, U.P., 196
CHAPTER XVII : CONDUCT DURING ELECTIONS
General, 199
Statutory provisions, 199
Executive directions :
Govt. servants to be impartial-Tours of Ministers, etc.- Election meetings-
Permission to hold election meetings-Maintenance of law and
order-Warning to licensees of motor vehicles, 200
Conclusion, 203
CHAPTER XVIII : ADMINISTRATIVE ORDERS ON CONDUCT AND BEHAVIOUR
Direct approach to Members of Government, 204
Interviews on service matters, 205
Resort to non-officials, 206
Association of officers with press correspondents, 206
Farewell parties and addresses to officers, 207
Association of officer's name with building, park, road, etc., 208
Performance of opening ceremonies, laying of foundation stones,
presiding over public meetings 208
Complimentary passes for cinemas, etc., not to be accepted, 209
Acceptance of dowry by officials, 209
Conduct connected with prohibition laws, 209
Shikar parties, 210
Need for secular behaviour and prohibition against
proselytising activities, 211
Special consideration to be shown to ex-servicemen and serving
members of defence forces, 211
Instructions on miscellaneous points, 212
CHAPTER XIX : CONTEMPT OF PARLIAMENT
General, 219
Nature of offence 219
Parliamentary privileges and contempt 221
Arrest, imprisonment, detention or release of member, 222
Service of legal process on member, 222
Punishment, 223
Procedure, 224
CHAPTER XX : GENERAL DUTIES, OBLIGATIONS OF AND RESTRICTION ON CIVIL SERVANTS
Obligations and Restrictions under the Constitution, 225
Fundamental Duties under the Constitution, 228
Obligations and restrictive conditions under the Fundamental Rules, 228
Duties under the Standards of Financial Propreity, 231
Duties under the Account Rules, 232
Duties under the Budget Rules, 234
Obligations under the Conduct Rules, 236
Other duties and obligations, 236
CHAPTER XXI : SECRECY
Unauthorised communication of information, 239
Special responsibility of government servants, 241
Use of confidential information in appeal or representation, 242
Despatch and transmission of secret papers, 243
Code of security ''Don'ts'' 245
Miscellaneous :
Declaration on first appointment-Secrecy of the budget-Who is
competent to give information to the press-Index list of confidential
orders-District Officer's responsibility for secret words, 246
ANNEXURE.-A classic example of secret-keeping, 247
PART IV : DISCIPLINARY PROCEEDINGS
[Punishment and Appeals]
[Chapters 22-29]
CHAPTER XXII : DISCIPLINARY PROCEEDINGS-DEFINITIONS, GENERAL PROPOSITIONS AND STAGES
DEFINITION, 251
GENERAL PROPOSITIONS, 255
Nature of disciplinary proceedings, 255
Basic law on major punishments and procedure thereof, 256
Appointing authority, 257
Subordinate authority, 258
Reasonable opportunity of defence, 258
Some cases on reasonable opportunity, 259
Penalties to be inflicted only for good and sufficient reasons, 260
STAGES OF DISCIPLINARY PROCEEDINGS, 261
Stages for major punishments, 261
Stages for minor punishments, 263
ANNEXURE 1-Chart showing the causes of
disciplinary proceedings, 266
ANNEXURE 2-Acts and rules bearing upon punishments
and appeals, 267
CHAPTER XXIII : PRELIMINARY ENQUIRY, CHARGE-SHEET AND EXPLANATION
Preliminary enquiry, 268
Decision to hold formal departmental enquiry, 269
Charge-sheet, 270
Appointment of enquiry officer, 271
Written statement of defence, 271
ANNEXURE. -Standard Form of charge-sheet prescribed by the
Uttar Pradesh Government, 273
CHAPTER XXIV : ENQUIRY OFFICER-CONDUCT OF ENQUIRY AND ENQUIRY OFFICER'S REPORT
The enquiry officer, 275
Conduct of enquiry, 276
The enquiry report, 278
Waiver of prescribed procedure, 279
Record of the case, 280
CHAPTER XXV : IMPOSITION OF PENLTY
Forms of punishment, 281
Consideration of the enquiry report by disciplinary authority, 284
Consultation with public Service Commission, 285
Final order of the disciplinary authority-speaking order, 285
Results of dismissal or removal, 285
Some points to be kept in view by disciplinary authority, 286
Evidence, 289
Double Jeopardy, 289
Dismissal by subordinate authority, 289
Principles of natural justice should be followed where constitutional
provisions do not apply, 289
Dismissal and Removal, 289
CHAPTER XXVI : REMEDIES AGAINST PUNISHMENT
ADMINISTRATIVE REMEDIES, 290
General, 290
Appeal, 290
Representation, 291
Review of punishment order by punishing authority itself, 291
Review by higher authority, 292
Memorial against punishment 293
Period of limitation, 294
Orders that may be passed by appellate or revisory authority, 296
COURT ACTIONS AGAINST PUNISHMENT, 297
General propositions about court action, 297
Remedy through writ petition, 298
Remedy through civil suit/Services Tribunals, 298
CHAPTER XXVII : RESINSTATEMENT AND RESTITUTION
Payment of emoluments and treatment of period of absence
from duty, 300
Opportunity to show cause if lesser payment is proposed, 306
Date from which reinstatement takes effect and
consequential matters, 307
Administrative instructions concerning reinstatement, 308
Counting of service for pension, 309
CHAPTER XXVIII : VIGILANCE COMMISSION, VIGILANCE ESTABLISHMENT AND ADMINISTRATIVE TRIBUNAL
VIGILANCE COMMISSION, 310
Creation and purpose of Vigilance Commission, 310
Functions of the Commission, 311
VIGILANCE ESTABLISHMENT, 312
Constitution of Vigilance Establishment, 312
Functions of the establishment, 312
ADMINISTRATIVE TRIBUNAL, 315
Constitution of the Tribunal, 315
Functions of the Tribunal, 315
Conduct of proceedings, 316
Tribunal's report to Government, 317
Action by Government on the report, 318
CHAPTER XXIX : MISCELLANEOUS PROVISIONS REGARDING DISCIPLINARY PROCEEDINGS
Departmental proceedings and criminal prosecution, 319
Suspesion during : (a) criminal proceedings ; or (b) arrest for debt,
or (c) preventive detention, 323
Conviction on a criminal charge-whether ground for dismissal,
removal or reduction in rank, 324
Travelling allowance to suspended officer, 324
No leave to suspended officer, 325
Appointment of substitute in place of suspendee, 325
Service of process on delinquent officer, 325
Service of dismissal order, 325
Enhancement of punishment, 326
No proceedings a second time, 327
Expenses of witnesses, 327
Personal interview with appellate authority, 328
Assistance of counsel, 328
Admission of public, 328
Time-schedule for disciplinary proceedings, 328
Time-schedule for disposal of appeals, 329
Direction to suspended officer not to leave station
without permission, 329
PART V : CONSTITUTION AND SERVICES AND OTHER GENERAL
SERVICE MATTERS
[Chapters 30-44]
CHAPTER XXX : THE CONSTITUTION AND ITS RELATIONSHIP TO CIVIL SERVICES
Need for Constitution and its principles, 333
Outline of the Indian Constitution, 333
Place of Civil Services in the Constitution, 337
CHAPTER XXXI : SERVICE RULES AND CLASSIFICATION OF SERVICES
SERVICE RULES, 340
Basic provisions, 340
Various classes of service rules in U.P., 341
Distinction between requirement rules and conditions
of service rules, 342
Matters to be provided in service rules, 342
Government's right to change rules, 343
Service Rules with retrospective effect, 343
Service Rules and administrative instructions, 344
Relaxation of rules, 344
CLASSIFICATION OF SERVICES, 346
ANNEXURE. -Model Draft of Service Rule, 348
CHAPTER XXXII : PUBLIC SERVICE COMMISSION
General, 361
Functions of the State Public Service Commission, 362
Matters on which Commission need not be consulted, 363
Sanctity of the Commission's recommendations and procedure in
case the recommendations are not acceptable, 366
Procedure for appointment by promotion through the Commission, 367
Miscellaneous matters concerning the Commission, 367
ANNEXURE I. -Schedule to U.P. Public Service Commission
(Limitation of Functions) Regulations, 369
ANNEXURE II-U.P. Promotion by Selection in consultation with
Public Service Commission (Procedure) Rules 1970, 371
CHAPTER XXXIII : APPOINTMENTS TO PUBLIC SERVICES
General, 377
Principles of recruitment and reservation of posts, etc. 377
Age, educational and other qualifications, 387
Methods of recruitment, 389
Restriction on applications by serving personnel for other posts, 393
Probation and confirmation, 393
Miscellaneous, 396
CHAPTER XXXIV : HOW TO INTERVIEW AND BE INTERVIEWED FOR PROMOTION OR NEW APPOINTMENT
Note, 400
Interview and the act of conversation, 400
General points about interviews, 401
Interview board and the art of asking questions, 401
Preparation for interview, 402
Dress and appearance, 403
Commencement of interview, 403
''Dos'' and ''Don'ts'' for the candidates, 403
Conclusion, 406
CHAPTER XXXV : TEMPORARY AND RETRENCHED PERSONNEL; PROBATIONERS
Implications of ''temporary government servant'', 407
General rule for termination of service of temporary employees, 407
Instructions of U.P. Government regarding termination of
service of temporary employees, 410
Proceedings against temporary employees, 410
Probationers, 415
ANNEXURE. -U.P. Temporary Government Servants (Termination of Service)
Rules, 1975, 416
CHAPTER XXXVI : SERVICE RIGHTS, PRIVILEGES AND IMMUNITIES
General, 422
Constitutional rights, 423
Statutory rights and immunities, 424
Rights under the Fundamental Rules, 427
CHAPTER XXXVII : CONFIDENTIAL REPORTS
General propositions, 430
Guide-lines for making enquiries, 432
Confidential entry-Conflict between views of repoting, reviewing
and accepting authorities, 435
Communication of adverse entries, 435
Representations against adverse entries, 438
Memorial against adverse entries, 439
Time-schedule for recording entries, making representations, etc., 439
Special provisions for All-India Services and some others, 440
Some instructive decisions of Supreme Court and High Courts, 442
Miscellaneous points, 445
ANNEXURE A. -Examples of defective entries, 447
ANNEXURE B. -All India Services (Confidential Rolls) Rules, 1970 449
CHAPTER XXXVIII : INTEGRITY CERTIFICATES AND MEASURES TO CHECK CORRUPTION
General provisions about integrity certificates, 454
Integrity certificate when withheld, 456
Consequences of withheld certificate and enquiry into
reportee's property, 459
Measures to check corruption, 461
ANNEXURE.-List of circulars on integrity certificates, 467
CHAPTER XXXIX : RETIREMENTS
Classification of retirements, 473
Eligibility for pension, 475
Extension in service beyond 58 years, 475
Retirement of All-India Service officers, 476
Some rulings of Supreme Court on retirement, 476
CHAPTER XL : COMPULSORY RETIREMENT
GENERAL, 478
Compulsory retirement-what is, 478
Compulsory retirement-kinds of, 479
COMPULSORY RETIREMENT BY WAY OF PUNISHMENT, 479
General, 479
Procedure-Relevant rules, 479
COMPULSORY RETIREMENT IN PUBLIC INTEREST (OTHERWISE THAN
BY WAY OF PUNISHMENT), 480
In public interest, 480
Necessary conditions for exercise of the right of
compulsory retirement, 480
Age or length of service, 480
Public interest, 480
Three months, notice, 481
Notice must be given by the appointing authority or
authority empowered, 481
Communication of the order and the date on which
it comes into force, 482
Procedure for compulsory retirement, 482
Relevant material for forming opinion-Confidential entries, 483
Show cause notice not necessary, 484
Speaking order not necessary, 484
Principles of natural justice, 484
Whether hit by Article 14 or 16 of the Constitution, 484
Article 311 not attracted, 484
When amounts to punishment, 485
Courts not competent to fish out stigma from office files, 485
Disciplinary enquiry and compulsory retirement, 485
Revealing the grounds at the insistence of the government
servant in the written statement or otherwise, 485
Grounds on which an order of compulsory retirement
could be challenged, 486
Courts competent to examine material-Claim of privilege, 486
ANNEXURE I, 487
ANNEXURE II, 487
ANNEXURE III, 488
CHAPTER XLI : SUSPENSION
Suspension, what is, 491
Suspension, 491
Suspension by way of punishment, 492
Suspension pending enquiry, 492
Suspension in contemplation of departmental enquiry, 492
Suspension pending inquiry, investigation or trial on criminal charge, 493
Suspension on being convicted or detained in custody, 494
Who can suspend a government servant, 495
Principles to be kept in view in ordering suspension, 495
Contents of the orders of suspension, 495
Reasons for suspension-Speaking order, 495
Date from which the order is to take effect-No retrospective effect, 496
Subsistence allowance, 496
Office to which the delinquent would remain attached, 498
Communication of suspension order, 498
Suspension order merges in the final order of dismissal etc.
-Effect of setting aside the order of dismissal, etc. 498
Suspension ends with acquittal or discharge in criminal case, 498
Article 311 of the Constitution does not apply, 498
Termination, without enquiry, during pendency of suspension
amounts to punishment, 499
Leave while under suspension, 499
Suspension-Lien not affected, 499
Pay and allowances on revocation of suspension and reinstatement, 499
Revocation of suspension-Whether period of suspension be
treated as duty, 499
Appointment of substitute during the suspension of an employee, 499
ANNEXURE, 500
CHAPTER XLII : MEDICAL ATTENDANCE AND TREATEMENT
General, 502
U.P. Government Servants, (Medical Attendance) Rules, 1946 502
Secretary of State's Services (Medical Attendance) Rules, 1938, 505
All-India Services (Medical Attendance) Rules, 1954, 506
CHAPTER XLIII : MEMORIALS AND PETITIONS BY CIVIL SERVANTS
Constitutional provisions about ''remissions of punishment'', etc., 508
Memorial petitions to the State Government, other than
petitions by convicts, 508
Memorial petitions to Union Government by persons who are,
or have been, in civil employment, 509
Petitions by convicts, 510
Petitions by members of the public against government servants, 510
Miscellaneous points, 510
CHAPTER XLIV : SERVICE ASSOCIATIONS
General, 512
Instructions for recognition of associations, 513
Functions of administrative officers concerning service associations, 513
ANNEXURE. -Instructions regarding recognition by the U.P. Government
of associations of its employees other than associations of
industrial employees, 513
PART VI : FINANCIAL SUBJECTS
[Chapters 45-55]
CHAPTER XLV : THE BUDGET AND ITS INVIOLABILITY
Inviolability of the budget, 533
General features of the budget, 534
Classification of receipts and expenditure, 535
Preparation of budget estimates, 538
New expenditure, 540
Voting of the budget, Appropriation Act and disposal of grants, 541
Reappropriations, 543
Supplementary estimates and advances from Contingency Fund, 544
Excess grants and appropriations, 545
Public Accounts Committee, 546
Miscellaneous, 547
CHAPTER XLVI : GENERAL ACCOUNTS
General, 548
Basic provisions of Account Rules, 550
Communication and effect of financial sanctions, 553
Special provisions about receipts, 555
Loans admissible to government servants, 556
Miscellaneous provisions of a general nature, 558
CHAPTER XLVII : FINANCIAL MATTERS AND IRREGULARITIES; RESPONSIBILITY OF OFFICERS
General, 561
Financial publications, 562
Essential conditions for incurring expenditure, 564
On financial irregularities in general, 564
Instances of financial irregularities, 565
Special directives for administrative officers on proper expenditure
of public money, 568
Prof. Parkinson's concept about public finance, 569
CHAPTER XLVIII : FUNDAMENTAL RULES
General, 571
Importance provisions of Fundamental Rules, 572
More common provisions of Subsidiary Rules, 576
Delegations, 577
ANNEXURE.-Principles regulating the grant of free residence or house
rent allowance in lieu, as approved by Finances Department, 579
CHAPTER XLIX : PAY AND ALLOWANCES
Pay, 581
Additions to pay, 592
Payment in lieu of leave due at the time of retirement, 595
Attachment of pay and allowances, 595
General rules regarding pay and allowances, 596
Quick issue of pay-slips, 596
CHAPTER L : TRAVELLING ALLOWANCE
General, 599
Basic propositions about travelling allowance, 600
Mode of travel, Rates of T.A. and daily allowance, 601
Important points regarding drawal of T.A. preparation of bills
and their countersignature, 602
Duties of controlling officer, 604
T.A. of State officers appointed to committees set up by
Central Government, 605
Leave travel concessions to All-India Service officers having their
homes outside U.P., 605
Leave travell concession to the employees of U.P. Government, 606
Certain other travell concessions, 606
Instances of irregularities leading to disciplinary action, 607
CHAPTER LI : LEAVE
General conditions, 609
Classification of leave, 611
Unified leave rules effective from 1-9-1994 for permanent employees, 612
Unified leave rules for officiating and temporary employees,
effective from 1-4-1966, 614
Terminal leave, 616
Special kinds of leave, 617
Casual leave, 620
Authorities empowered to grant leave, 622
Procedure for grant of leave, drawal of leave salary, etc., 623
Payment in lieu of leave due at the time of retirement, 626
Procedure regarding medical certificates, 626
Leave rules for All India Service, officers 626
Leave rules for Central Services, 629
ANNEXURE.-Govt. resolution regarding facilities to Muslim officials
and to Muslim students for namaz prayer on Fridays, 629
CHAPTER LII : PROVIDENT FUNDS AND LIFE INSURANCE SCHEMES
General, 632
U.P. General Provident Fund, 632
Contributory Provident Fund, 635
Contributory Provident Fund-Pension-Insurance Scheme, 637
State Insurance and Endowment Assurance Scheme, 639
Postal insurance, 644
Group Insurance Scheme, 645
ANNEXURE.-1.-Instructions of A.G. for financing of policies from
provident funds, 646
ANNEXURE 2.-Instructions for filling in proposal and assignment forms, 647
ANNEXURE 3.-Regarding verification by subscribers of
their fund accounts, 647
CHAPTER LIII : PENSIONS
General, 649
No classification permissible for giving pension on the ground of the
date of retirement, 650
Pension of All-India Service officers, 650
Pensions to Central Services, 651
Pensions under U.P. Government, 654
Extraordinary pensions to officials, including police personnel, 663
Extraordinary pensions to non-officials killed in fighting dacoits, 666
Pensions to freedom-fighters and their dependants, 666
Political pensions paid by Union Govt., 667
Pensions Act, 1871, 667
Old-age pensions, 668
Miscellaneous matters about pensions, 669
ANNEXURE, 671
CHAPTER LIV : COMMUTATION OF PENSIONS
General, 674
All-India Services (Commutations of Pensions) Regulations, 1959, 674
U.P. Civil Pensions (Commutation) Rules, 1941, 676
ANNEXURE. 1.-Table of commuted values of pensions, 678
ANNEXURE. 2.-Form of application for commutation referred to in
Rule 14 of the U.P. Commutation Rules, 679
ANNEXURE. 3.-Calculation of Commutation Value (without Medical
Examination), 681
CHAPTER LV : PENSIONERS ; THEIR OBLIGATIONS AND
REEMPLOYMENT
Good Conduct of pensioners, 682
Restrictions on commercial or out-of-India employment
after retirement, 682
Re-employment of pensioners, 685
PART VII : COURT ACTIONS AND JUDICIAL SUBJECTS
[Chapters 56-60]
CHAPTER LVI : MATTERS CONNECTED WITH LAW COURTS
Threatened suit against Govt. of public officer, 689
Procedure in writ petitions against Govt., 693
Procedure in cases before Service Tribunals, 695
Production of official documents in court, 697
Attendance of Civil Servant in criminal court, 700
Dress to be worn when appearing before courts, 700
Defence of civil servants, 700
Report regarding public servant interested in judicial proceedings, 701
Suits by Government, 701
ANNEXURE.-Affidavit Forms I and II, 702
CHAPTER LVII : CONTEMPT OF COURT WITH SPECIAL REFERENCE TO ADMINISTRATORS
General, 704
Basis of the law of contempt of court, 705
Classification of contempts, 705
Nature of the offence, 706
Powers of courts to punish for contempt, 709
Extent of punishment and jurisdiction, 710
Summary procedure in trial for contempt, 711
Some instructive rulings on contempt of court by civil servants, 711
A word of caution, 713
Apology, 714
State also liable for contempt, 715
Contempt of Courts, Act, 1971, 715
CHAPTER LVIII : PROTECTION OF OFFICERS AGAINST LEGAL ACTION
Protection against criminal prosecution, 717
Protection of officers acting judicially, 717
Notice necessary of a threatened suit against an
officer-Section 80, CPC, 718
Exemption from arrest and personal appearance, 719
Defence of officer in criminal proceedings, 719
Defence of officer in civil suit, 720
Prosecution of officials, 720
Report about an officer interested in any judicial proceedings, 720
Defamation case filed by an officer against a third party, 720
CHAPTER LIX : JUDICIAL CONTROL OF ADMINISTRATION; REMEDIES AGAINST DEFECIVE ORDERS
Meaning of judicial control or review, 723
Principles underlying judicial review of executive actions and necessity
for such review, 724
Classes of judicially reviewable executive actions
and process therefor, 726
Administrative remedies against legally defective orders, 728
Remedies through writs, 729
Remedies through civil suits or petition in the Public Service Tribunal
and criminal prosecution, 729
CHAPTER LX : WRITS, SUITS AND REFERENCES IN AID OF CIVIL SERVANTS
General, 731
Constitutional position of writs, 731
Various kinds of writs, 732
Existence of alternative remedy, 738
Period of limitation for writ, 738
Futile and infructuous writs, 739
Parties against whom writ can be issued, 740
Cases in which no writ is permissible, 742
Writs against administrative orders, 744
Non-joinder of parties, in writs, 745
Remedy through civil suits, 745
Remedy through petition before the Public Services Tribunals, 746
PART VIII : SECRETRAIT, OFFICE MANAGEMENT AND ROUTINE
[Chapters 61-64]
CHAPTER LXI : THE SECRETARIAT : ITS ORGANISATION
AND WORKING
General, 749
The Governor, 750
Council of Ministers, 751
The Secretariat-Its meaning, necessity and functions, 753
Internal organisation of Secretariat, 755
Special departments of Secretariat, 756
How is the Secretariat manned, 759
Working of Secretariat, 760
Inter-departmental references, 763
Internal instructions for Secretaries, 764
Misconception about ministerial interference, 764
Delegation of powers, 765
Supply of copies of Secretariat papers to public and access of
research scholars to Record Room, 766
Miscellaneous points, 767
ANNEXURE 1.-Application form for supply of information to members
of public, 769
ANNEXURE 2.-Provisions of rules for entry into Secretariat building, 769
CHAPTER LXII : OFFICE MANAGEMENT AND ROUTINE
General Management, 771
Instructions regarding correspondence, 772
State telegrams, 774
Inspection and grant of copies of official records and correspondence, 775
Making of fair copies, 75
For drafters, stenographers and despatchers, 777
Miscellaneous, 777
CHAPTER LXIII : NOTING AND DRAFTING
General propositions, 780
Noting, 781
Drafting, 785
Sir William Marries on the art of drafting, 787
CHAPTER LXIV : DRAFTING OF APPEALS, REPRESENTATIONS AND MEMORIALS
Drafting of appeals and representations, 789
Drafting of memorials, 794
Post-script about representation against adverse entry
in character roll, 795
PART IX : RESIDUARY AND MISCELLANEOUS
[Chapters 65-73]
CHAPTER LXV : SCHEDULED CASTES AND BACKWARD CLASSES
GENERAL, 799
SCHEDULED CASTES-ONE SET OF BACKWARD CLASSES, 800
What are scheduled castes, 800
Constitutional provisions for scheduled castes and
backward classes, 802
Legislative enactments regarding scheduled castes, 803
Reservation for scheduled castes in public services, 804
Schemes of U.P. Government for the benefit of
for scheduled castes, 807
SCHEDULED TRIBES-ANOTHER SET OF BACKWARD CLASSES, 808
Names of scheduled tribes, 808
Reservation of vacancies for scheduled tribe candidates, 808
Certificate for schedule tribes for recruitment to services, 809
Schemes for uplift of scheduled tribes, 809
OTHER BACKWARD CLASSES, 809
Which are backward classes, 809
List of the backward classes, 809
Some other castes eligible for educational concessions, 810
ANNEXURE-Form of certificates for candidates of scheduled tribes
for recruitment to services, 811
CHAPTER LXVI : THE MINORITIES (LINGUISTIC AND RELIGIOUS) AND SAFEGUARDS FOR THEM
General, 812
Union Government's 'Statement on Language', 814
U.P. Government's press communique on language question, 815
Recruitment to services, 815
Acceptance of applications, documents etc., in Persian script, 816
Mother-tongue at primary and secondary education stages, 816
Development of Urdu, 818
Disciplinary action against defaulting officers, 818
Miscellaneous-(i) ommissioner for Linguistic Minorities;
(ii) National Integration Department and Linguistic Minorities Officer ;
(iii) Minority Commission (State); (iv) Three-language formula;
(v) Urdu Academy ; (vi) Urdu Gazette ; (vii) U.P., a unilingual State ;
(viii) Booklet ''Facilities for Linguistic Minorities in U.P.'', 820
ANNEXURE 1.-Text of Union 'Government's Statement on Language', 821
ANNEXURE 2.-Text of U.P. Government's press communique
on language question, 823
CHAPTER LXVII : HINDI
Constitutional provisions regarding Hindi, 825
Law applicable in U.P. regarding Hindi, and connected
executive instructions, 826
Language of courts, 827
Hindi in the Union Government, 828
Form and style of Hindi, 829
Reformed Hindi script, 830
Some miscellaneous matters-(i) Hindi Literature Fund ;
(ii) Language Department in the U.P. Secretariat,
(iii) Indian National Bibilography (Hindi) ; (v) Traning institutions, 831
CHAPTER LXVIII : DRESS AND KHADI
Dress for civilian officers, 834
State Government's endorsement of Government of
India's recommendations, 835
Dress for officers appearing as witnesses in courts, 836
Dress in general, 836
Khadi, 837
CHAPTER LXIX : NATIONAL INTEGRATION
What is national integration, 838
National Integration Council ; National Integration Unit in
Union Home Ministry, 839
Department of National Integration in U.P. Secretariat, 840
State National Integration Council, 840
Co-ordination at district level, 841
CHAPTER LXX : NATIONAL DAYS AND OFFICIAL CEREMONIALS
General-State ceremonial functions, 842
Birthday of Mahatma Gandhi, 843
Independence Day, 843
Republic Day, 843
Flag Day, 843
Teacher's Day, 843
Children's Day, 844
Observance of silence on January 30 844
CHAPTER LXXI : NATIONAL SYMBOLS AND AWARDS
NATIONAL SYMBOLS, 845
National flag, 845
National anthem, 846
National song, 847
Official emblem of India, 848
State emblem of U.P. 848
NATIONAL CALENDER, 848
NATIONAL (REPUBLIC DAY) AWARDS, 850
General, 850
Awardss of : (i) Bharat Ratna, (ii) Padma Vibhushan, Padma Bhushan
and (iv) Padma Shri, 851
GALLANTRY AWARDS, 851
Ashoka Chakra; Kirti Chakra; Shaurya Chakra ; Param Vir Chakra ;
Mahavir Chakra ; Vir Chakra, 851
DISTINGUISHED SERVICE AWARDS, 852
Param Vishista Seva Medal ; Ati Vishista Seva Medal ;
Vishista Seva Medal, 852
OTHER AWARDS, 852
Jeevan Raksha Award ; Arjuna Award ; Award to scholars, 852
RESTRICTION ON ACCEPTANCE OF FOREIGN TITLES AND DECORATIONS
BY INDIANS, 852
CHAPTER LXXII : RESIDUARY ITEMS REGARDING CONDUCT AND DUTIES, AND CIVIL SERVANTS
REGARDING CONDUCT AND BEHAVIOUR, 856
Official calls, 856
Administrative officers to observe office hours and not to exceed lunch
interval 856
Restriction on subordinates accompanying a superior
officer on transfer, 857
Free passes for entertainments, 857
Prohibition against publication of books, but not
against writing them, 857
Availability of sanctioned holidays, 857
No personal communication at public expense, 858
Payment of private charges by officers visiting abroad, 858
Acceptance of dowry by Central employees, 858
Administrative officer called as witness by a committee
of Legislature, 858
REGARDING ADMINISTRATIVE DUTIES AND RESPONSIBILITIES, 858
Memoranda by Commissioners and District Officers on transfer, 858
Procedure for dealing with writ petitions against Government
or an officer, 859
Receipts should first be seen by officer, 859
Noting and drafting by officers, 859
Verification of character and antecedents, and precautions
against employment of debarred persons, 859
Periodical inspection of offices, 861
Responsibility of Head of department to supply government
publications to the four public libraries of India, 862
Treatment of money received on private account, 863
Opening and closing of offices, 863
Fire in public buildings, 863
Purchase of books, newspapers and maps, 863
Maintenance of stock-books, 864
Prohibition of separate certificates to serving officials, 864
Report regarding death, serious illness of certain offic