sirs,
Is there any restriction on Central Government employee to raise his service grievance before court of law as petitioner-in-person during the service period.
weather any leave i.e special casual leave is permissible for the purpose.
Is there possibility of employer raising objection to it basing any rule/law.
"The Government" means the Central Government
"Government servant" means any person appointed by Government to any civil service or post in connection with the affairs of the Union and includes a civilian in a Defence Service.
A Government servant whose services are placed at the disposal of a company, corporation, organisation or a local authority by the Government shall, for the purpose of these rules, be deemed to be a Government servant serving under the Government notwithstanding that his salary is drawn from sources other than the Consolidated Fund of India.
Government servants seeking redress in Courts of Law of their grievances arising out of their employment or Conditions of Service
In supersession of orders contained in this Ministry’s Office Memorandum No. 25/52/52-Ests. Dated the 11th October, 1952 (Not reproduced) on the above subject, the following instructions are issued:-
(a) Government servants seeking redress of their grievances arising out of their employment or conditions of service should, in their own interest and also consistently with official propriety and discipline, first exhaust the normal official channels of redress before they take the issue to a court of law.
(b) Where, however, permission to sue Government in a court of law for the redress of such grievances is asked for by any Government servant either before exhausting the normal official channels of redress or after exhausting them, he may be informed that such permission is not necessary.
(i) where any penalty is imposed on a Government servant on the ground of conduct which has led to his conviction on a criminal charge, or
(ii) where the disciplinary authority is satisfied for reasons to be recorded by it in writing that it is not reasonably practicable to hold an inquiry in the manner provided in these rules, or
(iii) where the President is satisfied that in the interest of the security of the State, it is not expedient to hold any inquiry in the manner provided in these rules,
the disciplinary authority may consider the circumstances of the case and make such orders thereon as it deems fit:
Provided that the Government servant may be given an opportunity of making representation on the penalty proposed to be imposed before any order is made in a case under clause (i):
Provided further that the Commission shall be consulted, where such consultation is necessary *[and the Government servant has been given an opportunity of representing against the advice of the Commission,] before any orders are made in any case under this rule.
Regards,
Anaita Vas
