Exercise on in respect of CCA, Employees Conduct Rules
Landmark SC, HC rulings being incorporated
Mohinder Verma
JAMMU, May 14: The Government of Union Territory of Jammu and Kashmir has updated Civil Services Regulations on the pattern of corresponding regulations of the Government of India and the same will be notified shortly by the General Administration Department. However, exercise in respect of J&K Civil Services (Classification, Control and Appeal) Rules and J&K Employees Conduct Rules will take more time although deadline in this regard is already over.
The Government vide Order No.1478-JK(GAD) dated December 5, 2022 constituted a committee of officers to examine and recommend updation/ revision of the J&K Civil Services Regulations, J&K Civil Services (Classification, Control and Appeal) Rules and J&K Employees Conduct Rules on the pattern of corresponding Rules/Regulations of Government of India.
The committee comprising of Administrative Secretaries of General Administration Department and Department of Law, Justice and Parliamentary Affairs, Secretary (Law) in the General Administration Department and Director General (Codes), Finance Department was directed to complete the assigned task within a period of one month.
“Exercise in respect of J&K Civil Services Regulations has been completed by the committee and shortly updated/revised Regulations will be notified by the General Administration Department”, official sources told EXCELSIOR, adding “after the enactment of Reorganization Act by the Parliament, several modifications were carried out in the Regulations through different Government orders and these were required to be properly reflected in the J&K Civil Services Regulations”.
“The revised version is almost ready and is being cross-checked by a team of officers following which the same will be notified. Even Medical Attendance and Allowances Rules have been modified”, they said, adding “certain changes in the J&K Civil Services Regulations have also been made keeping in view such Regulations of the Government of India”.
About the Classification, Control and Appeal Rules and Employees Conduct Rules, they said, “an exercise in this regard is going on but no time-frame can be specified for completion of the same as detailed discussions are required to be conducted with the departments”, adding “the committee has asked the departments to point out any difficulty in the execution of these Rules so that necessary modifications are carried out”.
“Since the enactment of J&K Reorganization Act, Supreme Court and High Court of Jammu and Kashmir and Ladakh have given several important rulings and these are also required to be incorporated in the J&K Civil Services (Classification, Control and Appeal) Rules”, they said, adding “the committee has asked the Department of Law, Justice and Parliamentary Affairs to specifically point out such rulings and make necessary suggestions in this regard as early as possible”.
Giving an example, they said, “as per the practice in vogue, an employee even after being exonerated in the Regular Departmental Action either by the committee assigned the task or by the High Court is denied vigilance clearance for promotion for at least two-three years but the High Court has expressed serious concern over this”.
“The High Court has directed that if an employee is exonerated either in Regular Departmental Action or by the court should not be deprived of promotion at all and such type of rulings/directions are also required to be incorporated in the rules”, sources further said, adding “as far as Employees Conduct Rules, certain directions have been issued by the Government relating to use of social networking sites and these directions will also be properly reflected for the clarity of the employees as well as their Heads of the Departments”.
When contacted, Commissioner Secretary to Government, General Administration Department, Sanjeev Verma confirmed that detailed exercise was going for updation/revision of J&K Civil Services Regulations, J&K Civil Services (Classification, Control and Appeal) Rules and J&K Employees Conduct Rules on the pattern of corresponding Rules/ Regulations of Government of India.
“We are trying to complete the exercise as early as possible”, he said, adding “this is for the first time that such a detailed exercise is going on to modify/update the Rules”.
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