Dear Mr Krishna Many thanks for the Govt decision (of Finance Ministry). It supports our view that direct participation of Govt servants in SPECIALISED "political" internet groups such as ours is restricted. It is always open to any Govt to ban a group or clarify that a groups ex-facie falls within the mischief of Rule 5, but such action cannot be an exhaustive compendium.
The ilustrative explanation to the old rule holds political movement to include "any movement or activities tending directly or indirectly to excite disaffection against, or to embarrass, the Government as by law established" .. I think our groups fall squarely within such definition. Sarbajit --- In [email protected], Dhirendra Krishna <dhirendra....@...> wrote: > > Dear Shri Sarbajit, > > This has been clarified in Government of India Decision number 1, given > below. > > In my humble opinion, if a Government servant participates in an internet > discussion group, it does not amount to "taking part in politics or > election" OR "assisting political movement or activity." Each officer is > required to judge for himself (or herself) whether participation in internet > group dealing with citizen's right to information is a violation of Rule 5 > of CCS (Conduct) Rule- depending on activities and content of each group. If > he/she has any doubts, his/her superior can be consulted. > > Several organisations have been specifically banned by the Government > under Rule 5 as per various Government decision under Rule 5; none of the > internet discussion groups have been banned. As such there is no bar on > Government servants membership of any internet group. Your or my opinion > does not matter; it is for the Government of India to frame conduct rules > for the Government servants. > > > Dhirendra Krishna > .................................................................................................................................................... > > Government of India Decisions > > (1) Participation of Government servants in political activities > > Doubts have been raised recently as to the scope of Rule 23 (i) of the > Government Servants Conduct Rules (now Rule 5) which lays down that no > Government servant shall take part in, subscribe in aid of, or assist in any > way, any political movement in India or relating to Indian affairs. > According to the Explanation (not in the new rule) to that clause, the > expression "political movement" includes any movement or activities tending > directly or indirectly to excite disaffection against, or to embarrass, the > Government as by law established or to promote feelings of hatred of enemity > between classes of His Majesty's subjects or disturb the public peace. This > explanation is only illustrative and is not intended in any sense, to be an > exhaustive definition of "political movement". Whether or not the aims and > activities of any organization are political is a question of fact which has > to be decided on the merits of each case. It is, in the opinion of > Government, necessary, however, that the Government servants under the > Ministry of Finance etc. should be warned that > > (a) it is the duty of the Government servant who wishes to join, or take > part in the activities of any association or organization positively to > satisfy himself that its aim and activities are not of such a nature as are > likely to be objectionable under Rule 23 of the Government Servants' Conduct > Rules (now rule 5); and > > (b) the responsibility for the consequences of his decision and action must > rest squarely on his shoulders and that a plea of ignorance or misconception > as to Government's attitude towards the association or organization would > not be tenable. > > It should also be impressed on them that, in cases where the slightest doubt > exists as to whether participation in the activities of an association or > orgaisation involves as infringement of Rule 23 (now Rule 5), the Government > servant would be well advised to consult his official superiors. > > [MHA OM No. 25/44/49-Ests (A), dated 17.09.1949] > > "Government of India Decisions > > (1) Participation of Government servants in political activities > > Doubts have been raised recently as to the scope of Rule 23 (i) of the > Government Servants Conduct Rules (now Rule 5) which lays down that no > Government servant shall take part in, subscribe in aid of, or assist in any > way, any political movement in India or relating to Indian affairs. > According to the Explanation (not in the new rule) to that clause, the > expression "political movement" includes any movement or activities tending > directly or indirectly to excite disaffection against, or to embarrass, the > Government as by law established or to promote feelings of hatred of enemity > between classes of His Majesty's subjects or disturb the public peace. This > explanation is only illustrative and is not intended in any sense, to be an > exhaustive definition of "political movement". Whether or not the aims and > activities of any organization are political is a question of fact which has > to be decided on the merits of each case. It is, in the opinion of > Government, necessary, however, that the Government servants under the > Ministry of Finance etc. should be warned that > > (a) it is the duty of the Government servant who wishes to join, or take > part in the activities of any association or organization positively to > satisfy himself that its aim and activities are not of such a nature as are > likely to be objectionable under Rule 23 of the Government Servants' Conduct > Rules (now rule 5); and > > (b) the responsibility for the consequences of his decision and action must > rest squarely on his shoulders and that a plea of ignorance or misconception > as to Government's attitude towards the association or organization would > not be tenable. > > It should also be impressed on them that, in cases where the slightest doubt > exists as to whether participation in the activities of an association or > orgaisation involves as infringement of Rule 23 (now Rule 5), the Government > servant would be well advised to consult his official superiors. > > [MHA OM No. 25/44/49-Ests (A), dated 17.09.1949]" > ............................................................................................................................................................ > > On Mon, Apr 27, 2009 at 11:34 AM, sroy1947 <sroy1...@...> wrote: > > > > > > > Many Thanks > > > > Gov servants are restricted from OPENLY associating with groups such as > > "RTI_India" , "RTI4ngo" (of which Mr Krishna is Moderator) etc which are > > listed in "Politics" category of Yahoo groups. As Moderators it is our duty > > to facilitate participation of ALL citizens in RTI processes - and anonymous > > participation is one of the methods open to us. > > > > Sarbajit > > > > --- In [email protected] <rti_india%40yahoogroups.com>, Dhirendra > > Krishna <Dhirendra.rti@> wrote: > > > > > > Friends, > > > > > > Rule 5 of CCS(Conduct) Rules and Government decisions are at : > > > > > http://persmin.nic.in/EmployeesCorner/Acts_Rules/CCSRules_1964/ccs_conduct_rules_1964_details.htm#05%20Govt%20Decision%2003 > > > Accordingly, no Government servant shall be a member of, or be otherwise > > > associated with, any political party or any organisation which takes part > > in > > > politics nor shall he take part in, subscribe in aid of, or assist in any > > > other manner, any political movement or activity. > > > > > > It has been clarified by the Moderator that Government servants are > > > restricted from membership of RTI_India group. > > > > > > Dhirendra Krishna > > > On Tue, Apr 21, 2009 at 9:25 AM, sroy1947 <sroy1947@> wrote: > > > > > > > > > > > > [Non-text portions of this message have been removed] >
