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Mahesh Gund   18 December 2022

Regarding distance education for govt employee

Sir / Madam,

I want to know, whether it is mandatory for a govt servant to take permission for pursuing higher studies even when the course is of distant mode or the timings do not clash with office timings.

  1. What action can be taken if i am pursuing higher education without permission? considering the point thati will not avail the benefit of adding it in my service records.

2. Is it a crime to pursue higher education without permission liable to proceeded bother legally and departmentally? considering the point that our constitution gives us right to education.

3. If the employer, (esp. govt. employer) create troubles for me after knowing the point what i can do to against my employer?

Please this is a matter of Career of mine please help me.

Thanks & regards

Mahesh Gund



Learning

 2 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     18 December 2022

When you are doing a government job, it is a must to take permission from the employer for higher studies.  Otherwise, they cannot make an entry in the service register/records. It is against conduct (CCS/CCA) rules.

Sudhir Kumar, Advocate (Advocate)     20 December 2022

 

                                The way your query is worded it gives an impression of you being thoroughly misguided about the expectation of discipline from Govt servant.  In you own interest you need to know that.

 

1.       What action can be taken if I am pursuing higher education without permission?

 

YOU RENDER YOURSELF LIABLE FOR DISCIPLINARY ACTION WHICH CAN RESULT IN ANY PENALTY RANGING FROM “CENSURE” TO “DISMISSAL FROM SERVICE”

 

 

2.       considering the point that will not avail the benefit of adding it in my service records.

 

THEN WHAT DO YOU GAIN BY ANNOYING DEPARTMENT.  IF THE QUALIFCATION IS NOT ADDED (NOT POSSIBLE UNLESS PERMITTED BY THE DEPARTMENT) YOU ANNOT APPLY FOR ANY POST BASED ON SUCH QUALIFICATION.

 

3.       Is it a crime to pursue higher education without permission liable to proceeded bother legally and departmentally?

 

 

YES. IT IS A DEPARTMENTAL MISCONDUCT

 

4.       considering the point that our constitution gives us right to education.

 

THE SAME CONSITUTION EMPOWERS PRESIDENT TO FRAME SERVICE RULE AS PER PROVISIO TO ARTICLE 309.  EXERCISING THESE POWERS SERVICE RULES ARE FRAMED WHICH ARE BINDING ON GOVT SERVANT.

 

THE CONSITITUTION ALSO EMPOWERS GOVT AND LEGISLATURE TO CURB FUNDAMENTAL RIGHTS BY “PROCEDURE ESTABLISHED BY LAW”.   THE AFORESID RULES ARE “PROCEDURE ESTABLISHED BY LAW”.

 

FOR EXAMPLE CONSITUTION ALSO GIVES YOU A RIGHT TO CONTEST ELECTIONS (EQUL FOR ALL CITIZENS) .  HOWEVER THE AFORESAID RULE FRAMED AS “PROCEDURE ESTABLISHED BY LAW”.  PROHIBIT GOVT SERVANT FROM ANY POLITICAL ACTVITY EXCEPT (I) CASTING VOTE (II) ATTENDING PUBLIC MEETING (not a closed door meeting) OF CANDIDATES/PARTIES.

 

FOR EXAMPLE CONSIOTUTION ALLOWS EVERY PASSPORT HOLDER TO TRAVEL TO ANY COUNTRY ANY TIME (EQUAL FOR ALL NATIONAL). HOWEVER THE AFORESAID RULE FRAMED AS “PROCEDURE ESTABLISHED BY LAW”.  PROHIBIT GOVT SERVANT FROM EVEN VISITING AN EMBASSY (INCLUDING CULTURAL WING) WITHOUT PERMISSION.

 

5.        If the employer, (esp. govt. employer) create troubles for me after knowing the point what i can do to against my employer?


BEGGING FOR MERCY WILL BE THE ONLY OPTION.


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