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A.S. Misra's Officer's Companion  (in Administration & Law) A.S. Misra's Officer's Companion  (in Administration & Law)
A.S. Misra's Officer's Companion (in Administration & Law)
by Revised by I.S. Mathur
Edition: 3rd Edition, 1988
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Product Details:
Pages: 1178 pages
ISBN: 8170123046
Shipping Weight: 1.638(Kg)
Date Added: 2001-01-01
Search Category: Lawbooks
Jurisdiction: Indian
Overview:

This invaluable work contains all the rules or the gist of the rules and standing orders bearing on the functions of government servants, in general and of administrative officers, in particular.

It includes chapters on disciplinary proceedings; compulsory retirement; suspension; conduct and behaviour; character rolls; integrity certificates; art of being interviewed for promotion; financial rules and matters; protection of officials; their rights and immunities; writs and suits in aid of civil servants; administrative matters, conditions of service, fixation of pay, leave, pension, benefits of medical attendance, administrative remedies; drafting of appeals and representations; and so on. Complete guidance and information on the correct procedure to be followed in day-to-day matters is provided herein. Besides giving an easily intelligible summary of the various laws, rules and orders, the book indicates where the text is to be found and in important matters quotes the text itself. In addition, it contains the relevant rulings of the Supreme Court and the High Courts on the above subjects.

The pitfalls are many, and the non-observance of the correct rule and procedure can adversely affect the career prospects of a government servant. Especially for young officials, the book will be helpful in avoiding unintentional mistakes and irregularities.

 

 

Reviews

  • Indian Law Institute :  
  • Undoubtedly, this work covers, as the author claims, the whole field of activity of government servants and their obligative rights and immunities. An important feature of the book is the inclusion of useful annexure for each part. Another interesting and beneficial aspect of this work is the provision of useful knowledge on smallest common aspects of life in the administration... Every conceivable function, operation, conduct, duty, decorum, dignity, efficiency in the life of a person employed in the civil service are dealt with in this work. This is a very useful and perhaps indispensable aid for every officer for discharging his duties efficiently and effectively. It is quite possible with this book on the table of an officer, which he may find it necessary to refer every day, it will definitely tone up the administration and contribute for the success of administration in playing its role in the development of the country. 
     
  • All India Reporter (Review of 2nd Edition, 1979) : 
  • ...a book which is eminently suited as a handy reference book for administrators. ...This book has earned encomiums from the successive Chief Ministers of U.P. and is, indeed a veritable encyclopaedia not only for Officers and staff of government but also for the Bench and the Bar.

 Allahabad Law Journal :

  •  
      The book gives a complete study of an Administrative Officer's duties and responsibilities, rights and privileges, whether the officer is in the executive or the judicial branches of government or whether he is in the State Government, Central Government, or the All India Services...  
  •  
      Another beneficial aspect of this work is the provision of useful knowledge on the smallest common aspects of life in the administration ...Every conceivable function, operation, conduct, duty, decorum, dignity, efficiency in the life of a person is dealt with in this book, in a very comprehensive and explicit manner. 
       
  • This book has earned encomiums from the successive Chief Ministers of U.P and is indeed a veritable encyclopaedia not only for officers and the staff of Government but also for the Bench and the Bar.

Table Of Contents:
                   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 officers, 864
                       Deductions from salary for co-operative societies, 865
                       Attestation of private documents, 865
                       Unnecessary marking of papers as ''secret'', 865
                       Representations from All-

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