Let’s educate ourselves - Oral instructions by Superior Officers to be avoided :

Dear Comrades,

Now a days, it is often noticed that  prompt disposal of staff grievances and other allied welfare matters are being seriously affected. All points emerging from discussions between two or more officers of the same department  and the conclusion reached are not being recorded on the relevant file by the officer authorizing action. Even the sensitive and secret cases are not given adequate care. Out of many,  one common reason is that most of the times the  Group Officers / Head of the Offices are returning the files without any written orders and instructing something verbally not supported with rules as a result of which  the dealing assistant feels that no other alternative is left to him but to remain silent on the issue. Similarly in operative side we are also experiencing that some officers are quite habituated is issuing verbal orders even with threatening to take disciplinary actions and extracting undue works not covered under the approved MDW. On the contrary, most of the devoted workers very silent and humble in nature are obeying the orders without any protest  and while they are being seriously exploited on one hand their family and social life are being neglected on the other.

But things are not exactly the same. Categorically speaking, ignorance to ruling position on the issue is exploited. Such officials need to know the role of oral instructions in the transaction of Government business as prescribed in Manual of Office Procedure and Conduct Rules.

The role of oral instructions in the transaction of Government business has already been specified under Sub Rule 2 ( iii ) & ( iv ) of Rule 3 of C C S ( Conduct  ) Rules, 1964 and has been circulated to all concerned vide GI, DP & AR O M No. 11013 / 12 / 78 – Ests. ( A ) , dated 1^st August , 1978. With an intention to educate our members to work fearlessly, here we reproduce the above letter which will be give sufficient knowledge  to handle the oral instructions issued by their superiors.

Let’s educate ourselves,

know the ruling position &

work fearlessly

Oral instructions by Superior Officers to be avoided

That the practice adopted by the senior officials and the personal staff  of the Ministers in conveying oral instructions to their subordinates  has been brought to the notice of the Department of Personnel and A R. It has further been suggested to this Department that the role of oral instruction in the transaction of the business of the Government  has to be defined and definite guidelines set down. The matter has been carefully examined  and the Government has taken the decisions contained in the succeeding paragraphs.

2.             The role of oral instructions in the transaction of business  of Government has already been specified under Sub Rule 2  (ii) [ now Sub rules ( iii ) & ( iv ) ] of Rule 3 of C C S ( Conduct  ) Rules, 1964, which inter alia provides as follows:-

“ No Government servant shall, in the performance of his official duties  or in the exercise of powers conferred on him, act otherwise than in his best judgment  except when he is acting under the direction of his official superior  and shall, where he is acting under such direction , obtain the direction in writing, wherever practicable, and where it is not practicable to obtained the direction in writing , he shall obtain written confirmation of the directions as soon thereafter as possible.”

3.             Clarificatory instructions were issued vide O M No. 11013 / 18 / 76 – Estt. ( A ), dated 07.02.1977to the effect that  it is the duty of the superior official  giving direction  to confirm it is writing when such confirmation is sought by his subordinates. It is not open to the superior officer to refuse to confirm  in writing the direction given by him orally , just as it is open to him to state immediately that no such direction was given.

4.             In the light of the aforesaid provisions of the Conduct Rules and the instructions issued there under, it is impressed upon all Government servants that : -

(i)            Oral instructions should not , as far as possible, be issued by senior officers to their subordinates;

(ii)           if oral instructions are issued by any senior officer, they should be confirmed by him in writing immediately thereafter;

(iii)          if a junior officer seeks confirmation to the oral instructions given by the senior, the later should confirm it is writing whenever such confirmation is sought;

(iv)          a junior officer who has received oral orders from his superior officer should seek conformation in writing as early as practicable;

(v)           whenever a member of the personal staff of a Minister communicates an oral order on behalf of the Minister, it should be confirmed by him in writing immediately thereafter;

(vi)          if a junior officer receives oral instructions from the Minister or from his personal staff and the orders are in accordance with the norms, rules, regulations or procedures, they should be brought to the notice of the Secretary or the head of the Department , as the case may be, for information;

(vii)         if a junior officer receives oral instructions from the Minister or from his personal staff and the orders are  not in accordance with the norms, rules, regulations or procedures, they should seek further clear orders  from the Secretary or the head of the Department , as the case may be, about the line of action to be taken, stating clearly that the oral instructions are not in accordance with the norms, rules, regulations or procedures.

5.             Since the personal staff of Minister, whether belonging to organized services or otherwise are governed by the provisions of the Conduct Rules, 1964, they are also required to observe the orders outlined in the preceding paragraph.