Recruitment and conditions of service of
persons serving the Union or a State
 ARTICLE309 : --Recruitment and conditions of service of persons
serving the Union or a State. Subject to the provisions of this
Constitution, Acts of the appropriate Legislature may regulate the
recruitment, and conditions of service of persons appointed, to
public services and posts in connection with the affairs of the Union
or of any State:
 Provided that it shall be competent for the President or such person
as he may direct in the case of services and posts in connection with
the affairs of the Union, and for the Governor of a State or such
person as he may direct in the case of services and posts in
connection with the affairs of the State, to make rules regulating the
recruitment, and the conditions of service of persons appointed, to
such services and posts until provision in that behalf is made by or
under an Act of the appropriate Legislature under this article, and
any rules so made shall have effect subject to the provisions of any
such Act
Tenure of office of persons serving the
Union or a State.
 ARTICLE 310:-- Tenure of office of persons serving the Union or a State
(1)Except as expressly provided by this Constitution, every person who is a
member of a defence service or of a civil service of the Union or of an all India
service or holds any post connected with defence or any civil post under the
Union, holds office during the pleasure of the President, and every person who
is a member of a civil service of a State or holds any civil post under a State
holds office during the pleasure of the Governor of the State
 (2) Notwithstanding that a person holding a civil post under the Union or a
State holds office during the pleasure of the President or, as the case may be, of
the Governor of the State, any contract under which a person, not being a
member of a defence service or of an all India service or of a civil service of the
Union or a State, is appointed under this Constitution to hold such a post may,
if the President or the Governor as the case may be, deems it necessary in order
to secure the services of a person having special qualifications, provide for the
payment to him of compensation, if before the expiration of an agreed period,
that post is abolished or he is, for reasons not connected with any misconduct
on his part, required to vacate that pos
Dismissal, removal or reduction in rank of
persons employed in civil capacities under the
Union or a State
 ARTICLE 311.:-- Dismissal, removal or reduction in rank of persons employed
in civil capacities under the Union or a State
 (1) No person who is a member of a civil service of the Union or an all India
service or a civil service of a State or holds a civil post under the Union or a
State shall be dismissed or removed by a authority subordinate to that by which
he was appointed
 (2) No such person as aforesaid shall be dismissed or removed or
reduced in rank except after an inquiry in which he has been informed
of the charges against him and given a reasonable opportunity of being
heard in respect of those charges Provided that where it is proposed after
such inquiry, to impose upon him any such penalty, such penalty may be
imposed on the basis of the evidence adduced during such inquiry and it shall
not be necessary to give such person any opportunity of making representation
on the penalty proposed: Provided further that this clause shall not apply;
 (a) where a person is dismissed or removed or reduced in rank on the ground
of conduct which has led to his conviction on a criminal charge; or
Dismissal, removal or reduction in rank of persons
employed in civil capacities under the Union or a
State
 (b) where the authority empowered to dismiss or remove a
person or to reduce him in rank ins satisfied that for some
reason, to be recorded by that authority in writing, it is not
reasonably practicable to hold such inquiry; or
 (c) where the President or the Governor, as the case may
be, is satisfied that in the interest of the security of the
State, it is not expedient to hold such inquiry
 (3) If, in respect of any such person as aforesaid, a question
arises whether it is reasonably practicable to hold such
inquiry as is referred to in clause ( 2 ), the decision thereon
of the authority empowered to dismiss or remove such
person or to reduce him in rank shall be final
OGSCR 1959
 Definition of Misconduct
The term ‘misconduct’ is not defined in any of the conduct rules
or other enactments’ Misconduct’ literally means wrong conduct
or improper conduct. The expression misconduct is an
expression of wide amplitude. Misconduct has been defined in
Black’s Law Dictionary ,Sixth Edition at page 999,thus –“a
transgression of some established and definite rule of action ,a
forbidden act, a dereliction from duty, unlawful behaviour,
wilful in character, improper or wrong behaviour. It’s synonyms
are misdemeanour, misdeed, misbehaviour, delinquency,
impropriety, mismanagement, offence, but not negligence or
carelessness”. Any violation of Rule 3 of Odisha Government
Servants’ Conduct Rules is treated as misconduct.
Orissa Government Servant Conduct
Rules,[OGSCR 1959]
 Orissa Government Servant Conduct Rules, 1959,has been
promulgated to regulate the conduct of Government
servants employed in connection with affairs of the State of
Orissa.
 The Rules defines “Government Servant” as:-- Any person appointed to serve in connection with the
affairs of the State, in respect of whom the Government of
Orissa is empowered to make rules under 309 of the
Constitution of India,
 Whether for the time being such person is serving/ whose
services placed at the disposal of the Government of India
or of any state, or is in foreign service, or on leave.
Orissa Government Servant
Conduct Rules,[OGSCR]- 1959.
 Misconduct as per Case J.J. Mody vrs State of Bombay
(AIR 1962 Gujrat 197) :-(i)Act prejudicial to the interests/reputation of Employer
(ii)conduct inconsistent with peaceful discharge of duty
(iii)conduct unsafe for employer
(iv)Grossly immoral conduct-not trustworthy
(v)conduct indicating unfaithfulness
(vi)abusive or peace disturbing conduct
(vii)Insulting & insubordination
(viii)Habitually negligent conduct
(ix)Isolated conduct with serious consequences
(x)conduct inducing non discharge of Duty.
Orissa Government Servant Conduct
Rules,[OGSCR]1959
 Rules framed under Proviso to Article 309 of
Constitution of India
 Government means appropriate Government i.e.
Either State Government or Government of India
where the employee is currently working
 Family means Wife/Husband + Children + Step
Children
Orissa Government Servant
Conduct Rules,[ OGSCR] 1959
 Rule 3: Government Servant to maintain:-
(i) Absolute Integrity
(ii) Decorum of Conduct
(iii) Devotion to Duty
 He should not commit any Act involving
(i) Personal Immorality like Drinking,
Sex and
Gambling damaging the reputation of Government and
concerned Employee
(ii) Failure to Discharge Duty Properly likely to
weaken position & Prestige of Appropriate Government
OGSCR 1959
 Rule 4:Obedience to Superiors concerning Official
Work
 Rule 4A:Prohibition of Sexual Harassment of Working
Women which involves (i) Physical Contact and
advances (ii)Demand/Request for Sexual Favours (iii)
Sexually Coloured Remarks (iv) Showing Pornography
(v) any other unwelcome Physical, verbal and
nonverbal conduct of sexual nature
OGSCR 1959
 Rule 5:No Association with Any Political Party or
Communal Organizations by the Government Servant
or any Member of His Family. He may report to
Government about such involvement of his family
members and act according to Government Directions
 He should not canvass, interfere or use his influence in
any Election to Local Bodies/Legislature while
continuing as a Government Servant
OGSCR 1959
 Rule 6:Connection with Press/Radio, Without
Sanction of Government, He should not involve in
Press/Radio Broadcast unless it is purely artistic,
literary, scientific or occasional character.
 Rule 7:Non-criticism of Government, He should not
criticize Policy of State/Central Government creating
embarrassment for State/Central Government/any
Foreign Government or embarrassing the relationship
among them
OGSCR 1959
 Rule 8: Government Servant not to resort to strike,
partial or complete, for ventilating grievances
He should not join any procession or Public for such
purpose causing breach of public tranquility
 Rule 9:He should not be part of any Association acting
prejudicially to sovereignty or integrity of India or
public order of morality
OGSCR 1959
 Rule 9A:A Government Servant can not be an Office
bearer of any Association of Government Employees
without approval of Government, unless he belongs to
the same category and has Common Interest
OGSCR 1959
 Rule 10:Without Prior sanction of Government, a
Government Servant should not give evidence in any
Inquiry unless the same is (i) ordered by Government
(ii) a Judicial Enquiry (iii)in any Court . Such Evidence
should not criticize Policy of State
Government/Government of India/any other State
Government
OGSCR 1959
 Rule 11:A Government Servant, unless authorized by
Government, should not communicate Official
Information to other Government Servants/Private
Persons
 Rule 12:Raising of Fund, Unless authorized, a
Government Servant should not raise Funds from
public for any purpose
 Rule 13:Except with permission from Head of Office no
Government Servant shall apply for
Concessions/Loans from Government if he is involved
in the decision making process
OGSCR 1959
 Rule 14:Non-acceptance of Gift, No Government
Servant/his Family Members, without prior sanction
of Government, shall accept any Gift from persons
other than close relations. He may accept gifts of
reasonable value in Ceremonial occasions. He may
accept gifts of trifling value on other occasions . A Gift
of value higher than Rs.20/- from non-relations is
considered more than trifling.
OGSCR 1959
 Rule 14A:Prohibition of Dowry, A Government Servant
should not ask for dowry from parents of Bride/
Bridegroom. He should not give or take dowry or abet
the same.
 Rule 15:Government Servant, without permission, not
to attend any meeting for complementary/valedictory
address in his honor or in honor of any other
Government Servant . Exception to this is farewell
meeting for retiring Government Servants or send off
meeting for transferred Government Servants.
OGSCR 1959
 Rule 16:No Pecuniary Arrangement with other
Government Servants to the advantage of any or both
not provided for in any Rule
 Rule 17:Government Servant, without prior sanction,
not to engage in any Trade, Business or any
Employment Directly/ Indirectly. However, he may
undertake honorary social work/charitable
work/literary/artistic/scientific subject to reporting to
Government within one month
OGSCR 1959
 Rule 17: No Government Servant, without prior
sanction, get involved in registration, promotion and
management of any Bank or any Company under
Companies Act. However he may get involved in any
Co-operative Society primarily to benefit Government
Servants provided he reports to Government in a
month’s time , his work is not affected and he should
stop this work when directed so by Government . Prior
sanction of Government required to fight Elections to
the Governing Body.
OGSCR 1959
 Rule 17: Government Servant shall hold Lottery for
disposal of his property without Government
Sanction. While quitting a Station, he may dispose off
his movable properties by circulating list among his
community or by Public Auction
 Rule 18:Government Servant should not take decisions
in cases involving his relations, whether favourable or
otherwise, but submit the same to his superior officer,
explaining the nature of relationships.
OGSCR 1959
 Rule 19: A Government Servant or his family member not to
involve in speculative investment . In case of family
member investing so, report to Government forthwith . He
is not to lend any money to a person possessing land or
valuable property within his jurisdiction . He can do the
same as advance of Pay to a Private Person or give small
loans to personal friends/ relatives. He should not put
himself under pecuniary obligation to anybody except
Banks/Reputed Firms . He may accept small loans without
interest from personal friends/relatives/open trading
account with a tradesman. He should report to
Government any difficulty and abide by Government
Directions.
OGSCR 1959
 Rule 20:He should avoid habitual indebtedness or insolvency
and forthwith report the matter to Government when such
occasion arises and he gets legally involved
 Rule 20A:In case of arrest on criminal charges, he must report
the same to his Appointing Authority/Immediate Superior
Officer
 Rule 21:Government Servant, without prior intimation to
prescribed authority (controlling officer) , not to acquire/dispose
of any immovable property in his own name or name of his
family member or Benamidar by
Lease/Mortgage/Sale/Gift/Otherwise. Prior sanction of
Government necessary if transaction is with a non regular and
non-reputed dealer. This will not apply to a Government Servant
taking a House on lease for his stay.
OGSCR 1959
 Rule 21:Controlling officer to send a sanction copy to
Government . Disposal of movable property of value
higher than Rs.4000/- for Gazetted Officers and
Rs.2000/- for Non-gazetted Officers should be
forthwith reported to Controlling Officer. For
transactions with non reputed dealer or agent of
standing, prior sanction of Government will be
required . Movable property means Jewellery ,
Insurance Policies, Shares, Debentures, Secured and
Unsecured Loans advanced, Cars, Motor Cycles,
Horses, other Means of Conveyance, Refrigerators ,
Radios, Radiograms
OGSCR 1959
 Rule 21(4): Filing of Property Returns : Property Returns of
Assets, movable and immovable Properties held in his
name/name of any member of the Family must be filed every
three years by 31st January of the Year in Appendix A Form before
prescribed authority . Non filing attracts Disciplinary Action
.False or misleading information in the Return may Result in
Disciplinary Action and may lead to even Dismissal. For
Gazetted Officers Authority is Secretary to Government and for
Non-Gazetted Officers Heads of Departments/Heads of Offices .
For Secretaries/Heads of Departments, Authority is Chief
Secretary.GA Department to co-ordinate . Officers on deputation
to file before Parent Cadre . Newly appointed officers to submit
the Return within three months of joining. Subsequent
Declaration may give details of additions/disposal of property, if
any, showing manner of acquisition of additional property.
OGSCR 1959
 Rule 22:Government Servant without prior sanction
should not approach Court for any Official Act which
has attracted adverse criticism or defamatory attack .
He may approach Courts for vindication of his private
character for any act in private capacity.
 Rule 23:Gopvernment Servant not to bring in private
or official influence in furtherance of his service
conditions, appointments ,seniority , promotions,
transfers , pay and allowances
OGSCR 1959
 24:Bigamous Marriage, No Government Servant shall
marry again when one wife is living unless permitted
by the Personal Laws for him and his wife in which
case permission of Government is to be taken or for
other reasons.
 Rule 24A:Drinking,He should abide by the Laws
relating to Drinking . Not to be under influence of
Liquor while on duty or in Public Place, not to appear
in an intoxicated state in Public and should not
consume Drinks/Drugs to excess.
OGSCR 1959
 Rule 25:Government Servant will be held responsible
to Government even if posted outside his normal
duties in a post.
 Rule 26:Government Servant not to misuse facilities
provided to him for due discharge of duties like using
official car for private purposes
 Rule 27:Government Servants shall pay full amount for
purchase of goods while on tour or otherwise unless
instalment facilities are allowed for such purchases
OGSCR 1959
 Rule 28:Government Servant to make proper/adequate
payment for Services/Entertainment availed of by him
. This will not apply to occasional/unsolicited
Complimentary Passes
 Rule 29:Government Servant not to use vehicles
provided by private persons unless exceptional
circumstances so demand and payment is made for the
same . He may not hire vehicles of his subordinate
unless accompanying him on tour.
OGSCR 1959
 Rule 30:Government Servant/Member of his family
shall not ask his subordinates to make local purchases
whether on advance payment or not. Not to apply to
personal staff of Government Servants
OGSCR 1959
 Rule 30A:A Government Servant should furnish his
correct residential address so that letters sent by a
Special Messenger are duly delivered to him . If the
letter gets returned for refusal to accept or otherwise, it
shall be treated as Gross Misconduct and the letter
treated duly delivered.
 No child below 14 years shall be employed by him
OGSCR 1959
 Rule 31:Government may relax the provisions of Rules
for part time and contingent employees
 Rule 32:For interpretation of Rules, the decision of
Government shall be final
 Rule 33:Government may delegate its power or power
of Heads of Departments to other officers subject to
conditions specified
OGSCR 1959
 Rule 34:Repeal & Savings
Corresponding Rules existing previously is hereby
repealed. Any action already taken under the Repealed
Rules shall be treated as under these Rules