Showing posts with label Government servants. Show all posts
Showing posts with label Government servants. Show all posts

THE RIGHTS OF GOVERNMENT SERVANTS ARE SUBJECT TO REASONABLE RESTRICTIONS AS MAY BE IMPOSED BY THE GOVERNMENT FROM TIME TO TIME.

Article 19(1) of the Constitution of India provides that all citizens shall have the right to freedom of speech and expression;to assemble peaceably and without arms;to form associations or unions;The proviso to Article 309 of the Constitution provides for rules regulating the recruitment and conditions of service of persons appointed to Government services and posts. Accordingly the rights provided in Article 19(1) of the Constitution are also subject to reasonable restrictions, if any, imposed under the rules framed under proviso to Article 309 of the Constitution, in so far as the Government servants are concerned. Various rules have been framed under proviso to Article 309 and some of the provisions of such rules which impose reasonable restrictions are described under the Fundamental Rules . Fundamental Rule 11:--- Fundamental Rule 11 provides that unless in any case it be otherwise distinctly provided, the whole time of a Government servant is at the disposal of the Government which pays him and he may be employed in any manner required by proper authority without claim for additional remuneration. This rule further provides that the services required of a Government servant can be such as would ordinarily be remunerated from general revenues, from a local fund or from the funds of a body incorporated or not, which is wholly or substantially owned or controlled by the Government.

REASONABLE DISCRETION AND FREEDOM OF ACTION MUST BE ESTABLISHED WITH PROCEDURE LAID DOWN BY THE LAW CODE MANUAL TO ESTABLISH ACCOUNTABILITY AT ALL LEVELS OF THE GOVERNMENT.

Government functioning is regulated by various provisions of Constitution of India and the Acts and rules framed thereunder . Public servants, including government servants are accountable for the office action and maintenance of records in the interest of transpancy and accountability for which law code manual has been issued by the government. Of course there are different levels of accountability dischargable at different levels.In the Administrative hierarchy, it is necessary to set out the matter related to accountability in advance so that the responsibility at different levels is known according to the law code manual prefixed by the government in this behalf for which the reasonable discretion and freedom of action is also established within the well defined limits for which the office manual is a basic document setting procedures and standards of the working described by the government in this behalf and found essential under law code manual to establish accountability at all levels of the government.