Rule about appeal for union activity

Government of India’s Instructions

(   1)   Disciplinary action against office bearers of staff Associations/Unions – The staff side in the National Council (JCM) in its meeting held on 28/4/1990, has raised a point that the administrative authorities in some cases take disciplinary action against the representatives of the Staff for some minor lapses of technical nature in their day-to-day work so as to victimize them for their activities as the office-bearers of the staff Associations/Unions.

(    2)   The Government servants who are office-bearers of the staff Associations are subject to the provisions of conduct and disciplinary rules like all other Government servants. However, if a Government servant feels that he is being penalized for any act done by him which is directly or indirectly connected with his position as an officer-bearer of an association, he can prefer an appeal against such action directly to the president in terms of Rule 24(3) of the CCS (CCA) Rules, 1965, bringing forth the reasons which may establish the nexus between the disciplinary action taken against him and his activities as office-bearer of an association. If the contention of an officer-bearer of an association that his case is covered under the provisions of Rule 24 (3) ibid is not accepted and his appeal is decided by some lower appellate authority, it would still be open for the government servant concerned to seek revision of his case by the President in terms of Rule 29 ibid.

(G.I.Dept of Per.&Trg.O.M.No.35014/2/89-Estt. (A), dated the 10^th October, 1990)