Tuesday, December 31, 2019

PUBLIC SERVICES: VALUES, CODE, CONDUCT – LEGAL FRAMEWORK



1. Public Services Bill 2007(Chapter III):


Values of Public Services:

The Public Service and the Public Servants shall be guided by the following values in the discharge of their functions:
(a) Patriotism and upholding national pride;
(b) Allegiance to the Constitution and the law of the nation;
(c) Objectivity, impartiality, honesty, diligence, courtesy and transparency; (d) maintain absolute integrity.

Without prejudice to the provisions of this Act, the Central Government may, on the recommendation of or in consultation with the Central Authority, notify from time to time other values in this Section


Public Services Code:-

(1) The Government shall promote the Public Service Values and a standard of ethics in the Public Service operations, requiring and facilitating every Public Service employee –

(i) To discharge official duties with competence and accountability; care and diligence; responsibility, honesty, objectivity and impartiality; without discrimination and in accordance with the law;

(ii) To ensure effective management, professional growth and leadership development;

(iii) To avoid misuse of official position or information and using the public moneys with utmost care and economy; and

(iv) function with the objective that Public Services and Public Servants are to serve as instruments of good governance and to provide services for the betterment of the public at large; foster socio-economic development, with due regard to the diversity of the nation but without discrimination on the ground of caste, community, religion, gender or class and duly protecting the interest of poor, underprivileged and weaker sections. 



2. CCS CONDUCT RULES 1968:

Every member of the Service shall:-

(i) commit himself to and uphold the supremacy of the Constitution and democratic values;

(ii) Defend and uphold the sovereignty and integrity of India, the security of State, public order, decency and morality;

(iii) Maintain integrity in public service;

(iv) Take decisions solely in public interest and use or cause to use public resources efficiently, effectively and economically;

(v) Declare any private interests relating to his public duties and take steps to resolve any conflicts in a way that protects the public interest;

(vi) Not place himself under any financial or other obligations to any individual or organisation which may influence him in the performance of his official duties;

(vii) Not misuse his position as civil servant and not take decisions in order to derive financial or material benefits for himself, his family or his friends;

(viii) Make choices, take decisions and make recommendations on merit alone;

(ix) Act with fairness and impartiality and not discriminate against anyone, particularly the poor and the under-privileged sections of society;

(x) Refrain from doing anything which is or may be contrary to any law, rules, regulations and established practices

(xi) Maintain discipline in the discharge of his duties and be liable to implement the lawful orders duly communicated to him;

(xii) be liable to maintain confidentiality in the performance of his official duties as required by any laws for the time being in force, particularly with regard to information, disclosure of which may prejudicially affect the sovereignty and integrity of India, the security of State, strategic, scientific or economic interests of the State, friendly relation with foreign countries or lead to incitement of an offence or illegal or unlawful gains to any person;
(xiii) Perform and discharge his duties with the highest degree of professionalism and dedication to the best of his abilities.



3. Do’s and Don’ts for Central Government Employees as per CCS (Conduct) Rules:


Do’s:
1. Maintain absolute integrity at all times.

2. Maintain absolute devotion to duty at all times.

3. Maintain independence and impartiality in the discharge of your duties.

4. Maintain a responsible and decent standard of conduct in private life.

5. Render prompt and courteous service to the public.

6. Observe proper decorum during lunch break.

7. Report to your superiors the fact of your arrest or conviction in a Criminal Court and the circumstances connected therewith, as soon as it is possible to do so.

8. Keep away from demonstrations organized by political parties.

9. Maintain political neutrality.

10. Manage private affairs in such a way as to avoid habitual indebtedness or insolvency.

11. If any legal proceedings are instituted against you for the recovery of any debt or for declaring you as insolvent, report the full facts of such proceedings to the competent authority.

12. Act in accordance with the government policies.

13. Observe courtesy and consideration to Members of Parliament and State Legislatures.

14. In performance of duties in good faith, communicate information to a person in accordance with the ‘Right to Information Act, 2005′ and the rules made thereunder.



Don’ts:

1. Do not enter into any private correspondence with Foreign Embassies or Missions/ High Commission.

2. Do not accept lavish or frequent hospitality from any individual, industrial or commercial firms, organizations, etc., having official dealings with you.

3. Do not accept any offer of the cost of passage to foreign countries or hospitality by way of free board and lodging there, if such offers are from foreign firms contracting with Government.

4. Do not accept invitations to you and members of your family for free inaugural flights offered by Air India, Indian Airlines Corporation or Foreign Airlines.

5. Do not accept any gift from any foreign firm which is having official dealings.

6. Do not encage yourself in canvassing business of Life Insurance Agency, Commission Agency or Advertising Agency owned or managed byte members of your family.

7. Do not lend money to or borrow money from or deposit money as a member or agent, with any person, firm or private company with whom you are likely to have official dealings. Do not otherwise place yourself under pecuniary obligation with such person, firm or private company.

8. Do not approach your subordinates for standing surety for loans taken from private sources either by you/your relations/friends.

9. Do not undertake private consultancy work.

10. Do not speculate in any stock, share or other investment.

11. Do not purchase shares out of the quota reserved for friends and associates of Directors of Companies.

12. Do not bid at any auction of property where such auction is arranged by your own officers.

13. Do not stay as guest with foreign diplomats or foreign nationals in India.

14. Do not invite any Foreign Diplomat to stay with you as your guest in India.

15. Do not accept or permit your wife or dependants to accept passage money or free air transport from a Foreign Mission / Government or Organization.

16. Do not bring any political influence in matters pertaining to your service.

17. Do not consume any intoxicating drinks or drugs while on duty.

18. Do not appear in public place in a state of intoxication.

19. Do not indulge in any act sexual harassment of any women at her work place.

20. Do not employ children below 14 years of age.

21. Do not accept award of monetary benefits instituted by Private Trusts / Foundations, etc.

22. Do not make joint representations in matters of common interest.

23. Do not indulge in acts unbecoming of a Government servant.

24. Do not be discourteous, dishonest and partial.

25. Do not adopt dilatory tactics in your dealings with the public.

26. Do not convey oral instructions to subordinates. If any oral instruction is issued due to urgency, confirm it in writing as soon as possible.

27. Do not practice untouchability.

28. Do not associate yourself with any banned organizations.

29. Do not join any association or demonstration whose objects or activities are prejudicial to the interest of the sovereignty and integrity of India, public order and morality.

30. Do not give expressions to views on Indian or foreign affairs, while visiting foreign countries.

31. Do not get involved in unauthorized communication of any official document or any part of thereof or classified information to any Government servant or any other persons to whom you are not authorized to communicate such document or classified information.

32. Do not join or support any illegal strike.

33. Do not give or take or abet giving or taking of dowry or demand any dowry directly or indirectly from the parent or guardian of a bride or bridegroom.

34.Do not address the higher authority prematurely on the same issue unless it is established that all the points or submission made earlier have not been fully considered by the immediate superior head of office or any other authority at the lowest level competent to deal with matter.

35. Do not use your official position or influence directly or indirectly to secure employment for any number of your family in any company or firm.


 

4. A CASE STUDY: MISSION SATYANISHTHA BY INDIAN RAILWAYS

Indian Railways Launches “Mission Satyanishtha” a Program on Ethics in Public Governance
In first of its kind event held by any government organization, the Indian Railways organized a programme on Ethics in Public Governance and Launched “Mission Satyanishtha” at a daylong event held at National Rail Museum, New Delhi, today i.e. 27.07.2018.


Speaking on the occasion, Shri Piyush Goyal said People define an organization and an organization defines its people, hence, work culture has to be improved and transparency brought about, data should be displayed on public domains so as to get constructive feedbacks from the users”. He further added “Lack of interest towards work in any system, may be termed as unethical amounting to corruption”. 


Earlier in the day, Sh. Ashwani Lohani, Chairman, Railway Board inaugurated the event and introduced the subject to the participants. The Senior Officers and Staff members of  Railways  also participated in the event. The event was webcast live to all Zonal, Divisional and Production Units from the National Rail  Museum.

 
The issue of Ethics, Integrity and probity in public life have been a matter of concern all over the government sector. In this context it is also extremely important that all railway servants adhere to impeccable conduct and integrity at all times. “Mission Satyanishtha” launched on 27th July 2018 aims at sensitizing all railway employees about the need to adhere to good ethics and to maintain high standards of integrity at work. Talks and Lectures on the subject are being organised all over the Indian Railways today for this purpose. 


 The objectives of the Mission are:
  1. To train every employee to understand the need and value of ethics in Personal and Public life.
  2. To deal with ethical dilemmas in life and Public Governance.
  3. To help understand the policies of Indian Railways on ethics and integrity and the employee’s role in upholding the same.
  4. To develop inner governance through tapping inner resources.



Watch videos relating to Mission Satyanishtha:










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