PAPER-I

Max. Marks -100 Time Allowed: 3 Hrs

(J&K CIVIL SERVICES RULES)

VOLUME- II

RELATING TO:

A- The Jammu & Kashmir Manual of Secretariat Procedure-

1979.

B- The Jammu & Kashmir Government Employees (Conduct)

Rules, 1971 as amended from time to time.

C- The Jammu & Kashmir Civil Services (Classification,

Control & Appeal) Rules, 1956.

CONTENTS/ PREFACE

S. PAR CHAPTER NO. TOPIC PAGE

0
 No. T No.
THE JAMMU & KASHMIR MANUAL OF
CHAPTER-I SECRETARIAT PROCEDURE-1979
01 A- 02
RECEIPT, REGISTRATION AND DISTRIBUTION 03
02 CHAPTER-II OF DAK.
PROCESSING & DISPOSAL OF
CHAPTER- III COMMUNICATION IN THE DEALING 09-19
03 SECTIONS.

CHAPTER-IV DRAFTS. 20-29

04

CHAPTER-V ISSUE OF DAK & MANTAINANCE OF 30-33

05 ACCOUNTS:

CHAPTER-VI FILING SYSTEM 34-36

06

CHAPTER-VII DOCKETING. 37-38

07

CHAPTER-VIII. INDEXING, RECORDING AND CONSIGNMENT 39-42

08 OF FILES

09 CHAPTER -IX SPECIAL SECTIONS 43-47

10 CHAPTER-X LEGISLATURE. 48-52

J&K GOVERNMENT EMPLOYEES (CONDUCT)

PART-IV RULES, 1971 AS AMENDED FROM TIME TO 53-67
11 B- TIME

THE JAMMU & KASHMIR CIVIL SERVICES

(CLASSIFICATION, CONTROL & APPEAL) 68-80
12 C- RULES, 1956.
PROBATION
13 71
SENIORITY
14 73
PROMOTION
15 74
PUNISHMENT
16 75

(J&K CIVIL SERVICES RULES)

A-

1
 THE JAMMU & KASHMIR MANUAL OF SECRETARIAT
PROCEDURE-1979.

Q. 1) What role is performed by Secretariat in over all functions of the

Government?
Ans. Role performed by the Secretariat in the overall functioning of a specific
Department can be enumerated as follows;
i) Recording and communicating the orders and decisions of the Government
to Heads of Departments in the field after examining and considering their
proposals.
ii) Coordinating the functions of the different Department in case more than
one Department exists in a particular case.
iii) Representing the Department at a higher level while reporting its matters to
the Chief Secretary.
iv) Dealing with all policy matter of the Department at the level of
Government.

CHAPTER-II 05-02-2011

2
 RECEIPT, REGISTRATION AND DISTRIBUTION OF
DAK.
Q. Explain briefly the procedure as prescribed in the Secretariat
Manual regarding;
i) Receipt.
ii) Registration &
iii) Distribution of Dak.
OR
Explain the procedure and precautions to be followed while opening
of Dak?
Ans.
a) RECIEPTS:
All Dak, local or postal including registered, speed post and insured
mail meant for a Department is received by the Assistant concerned. However,
those addressed by name, marked as top secret, confidential etc. will by handed
over to the personal section of the officer to whom it they have been addressed.
The remaining covers not addressed by name will be opened by the receipt
Clerk, who will also check as far as possible, the enclosures and mark on the
receipt, the details of papers, if any, found missing or not attached.
Q. Write a brief note about the set up of the Secretariat?
OR
What do you know about the Secretariat set up?
Ans. Secretariat is a single office which functions under the over all
Administrative control of Chief Secretary to the Govt. It consists of a number
of branches. Each of which, functions under the control of one Secretary to
Government. A branch consists of one or more departments. Similarly, a
department consists of one or more sections.
In course of running the affairs of the Administration, cases are
forwarded by subordinate offices to the respective Secretariat for consideration

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and for seeking the necessary orders and policy decisions of the Govt. The
function of the Secretariat are to be record and communicate the policies and
the decisions of the Government to the Heads of the Department and other
subordinate offices in the field for implementation.
All the Departments of the secretariat are in reality inter dependent and
inter linked, they can by no means, be accepted to function in isolation and
independent. It is obligatory upon all the departments in the Secretariat to
consult and seek opinion of other department where-ever necessary.
Q. What do you know about the Basic Unit (Section)?
Ans. A Department consists of one or more sections each dealing with a
clearly defined distinct aspect of executive aide. It is the Basic Unit of
Administration and Planning virtually to perform the functions of the
Departments.
A Department generally comprises the following sections;
i) Establishment Section.
ii) Administration Section.
iii) Litigation Section.
iv) Co-ordination Section.
v) Planning Section.
vi) Accounts Section.

A section consists of S.O aided and advised by various officials who are
designated as Head Assistants, Senior Assistants, Junior Assistants, Record
keeper and Typist etc. It has to keep an eye on Administrative matters and
changes that may have to be introduced from time to time.
Where there are currency notes, postal orders, bonds etc. found attached
with a letter, these will not be sent in the Dak pad but will be detached and kept
with the Cashier of the Department for safe custody. However, a suitable note
is made on the letter asking for instructions as to the manner in which the
valuables should be dealt with.

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 Each receipt will be stamped with the dates. Covers addressed by name
or marked top secrete, secrete or confidential will have the date stamp affixed
the cover itself.
Q. What treatment is to be given to the valuables such as currency
notes, postal orders, bonds & Cheque etc. if received in the Dak?
Ans. Where there are currency notes, postal orders, bonds etc. found attached
with a letter, these will not be sent in the Dak pad but will be detached and kept
with the Cashier of the Department for safe custody. However, a suitable note
is made on the letter asking for instructions as to the manner in which the
valuables should be dealt with.
Each receipt will be stamped with the dates. Covers addressed by name
or marked top secrete, secrete or confidential will have the date stamp affixed
the cover itself.

b) REGISTRATION:
Every receipt will be registered by the Receipt clerk in the general
receipt register. At the beginning of each day, the date will be entered across
the page of the register and the entries pertaining to that fate shall be made
under it serially. The serial receipt No. and date will also be entered
simultaneously on the receipt in the space provided in the stamp affixed. The
details that may be available on the covers addressed by name and on Demi-
Official, top secret, secret and confidential letters will be entered in the receipt
register. The serial receipt No. and date will also be entered on the cover of
such communication. There after, the Receipt Clerk will prepare a Dak Pad
putting therein all communications and submit the same ton the Competent
Authority of that Department daily before 3:00P.M for his perusal and
consideration.
c) DISTRIBUTION:

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 On receipt of Dak Pad, the first and foremost priority of the Receipt
Clerk should be to hand over all the letters to record Keeper concerned who
will record their initials on the receipt register under the prescribed column in
token of having been received the letters marked for his section. However, time
bound cases, telegrams, messages by fax, express letters and letter marked top
secret, immediate, confidential will be handed over to the concerned section
under proper receipt as soon as these are received. The Dak received will be
distributed to the sections once during the day.
If it is felt a particular section that a letter given by the Receipt Clerk
does not pertain to them. It may be shown to other sections of the department.
In case none of the sections agrees to receive the reference and deal with it, the
same shall be brought to the notice of the S.O for his decision. The allocation
made by the Section Officer shall be the final.
Q. Distribution of Dak is one of the most important functions of a
Department. Explain in detail?
Ans. (Same reply as given above)
Q. Write a short note on ‘General receipt register’?
Ans. A general receipt register, the columns of which are given below will
have to be maintained by each department in the Government for the purpose
of registration of Dak. The Receipt Clerk will diaries each and every
communication in receipt register and puts on chorological order the receipt
No. on each letter separately.
Columns of Receipt Register:
S. Letter Date From Section to Signature
No No. whom which sent of the
received Record
Assistant
1 2 3 4 5 6

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Q. What do you know about Day’s Dak and what are the precautions to
be followed while opening of Dak?
Ans. All Dak, local or postal received from outside daily is known as “Day
Dak”. Each letter will be stamped with the stamp & entered in the receipt
register serially. However, the telegram’s, express letter and letter marked
immediate, top secret, confidential etc. will be separated from the day’s dak for
registration by the Receipt Clerk and distributed as soon as they are received.
While doing so, the care is to be taken by the Receipt Clerk that those letters
addressed by name will be handed over to the personal section of the officer to
whom they have been addressed.
Q. What is Dak Pad?
Ans. After the scrutiny of Dak by the Receipt Clerk, it is to be submitted to
the officers concerned in pads marked with their destination daily at 3:00 PM
for their perusal/consideration. An immediate label with the word “Dak”
should be placed on the top of the pad. The officer concerned is expected to
consider each letter in the pad & decide whether there is any letter, which can
be disposed of at his own level and if there are any such letters, he should
dictate reply himself or in the alternate, submit his letters, he should dictate
reply himself or in the alternative, submit his own note for the orders of his
higher officer/Minister as the case may be.
Q. What instructions have been prescribed for the officers for
disposing of Dak of immediate nature in the Dak Pad?
Ans. -Same reply/answer as above-

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 CHAPTER- III
PROCESSING & DISPOSAL OF COMMUNICATION IN THE DEALING
SECTIONS.
Q. Describe the process for perusal of Dak by Section Officer or what role
the S.O has to perform with regard to perusal of Dak?
OR
What procedure should be adopted by the S.O for processing the Dak
received?
OR
Perusal of Dak is a prime responsibility of S.O; explain in detail.
Ans. After the Dak is received by the S.O, he will carefully peruse the same to
classify the receipt as immediate and urgent or ordinary. He will mark each receipt
to the Head Assistant, who will deal with it. While marking the dak, S.O will use
his discretion and see as to who in his opinion can deal with the case in the best
way. This marking need not be in accordance with any formal or informal
distribution of work because it is the responsibility of the S.O to organize work in
his section, so as to achieve quickest results from the staff of the section. If there is
any difficulty in nature of the case or involving policy matter, he may either deal
with such case himself or give suitable instructions of the H.A in this behalf.

Q. What procedure has to be followed for perusal of Dak by Officer?

Ans. The officer to whom the dak pad is submitted fior perusal will either;
i) Initial the receipts in token of perusal, or
ii) Dispose of it himself or
iii) Record instructions as to its disposal, or
iv) Mark it to a superior officer or Minister for perusal and return the pad to the
section.
The receipt sent to the Minister for perusal will invariably return through the
Secretary. If the Minister is not at the H.Qs, the Secretary may peruse and return the
receipts on his behalf or keep any one of them pending with him.

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 10-02-2011
Q. What purpose does a notebook serve the Section Officer in dealing with
the movement of Dak receipts? How can the priority in the movement
of these receipts be fixed?
Ans. A Sectional notebook or Diary should be maintained by the section
Officer properly and legibly. He will keep a note in it about the D.O letters and
other important time/date bound cases which needs attention on priority basis or in
accordance with the time schedule. He will also keep a note of important rulings
and decisions fro ready reference.
14. MAINTENANCE OF FILE REGISTER:
Q. What is file register and how it is maintained?
Ans. A letter received has to be dealt with either in a file, which is already
available on the subject, or a new file has to be opened for dealing with the matter.
Every new file will be given a file number, which will be next available serial in the
file register for the year.
As soon as it becomes necessary to open a new file number, which will be
next available serial in the file register for the year.
i) Tile and
ii) File No.
The title given to file should be as possible but should give at the glance
sufficient indication of the issue to be decided. The columns of file register are
given below;

File Date of opening No. of parts Subject Initial of S.O Remarks

No. of file
1 2 3 4 5 6

15. REFERENCE OF RECEIPTS:

Q. What do you understand by referencing of receipts?
OR
What is the procedure for referencing of receipts?
Ans. Procedures are;

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i) After the dak is received by the Record Keeper, he will enter the same in the
sectional Diary Receipt Register and File Register and sort out the receipts
according to priority.
ii) Immediate/Urgent receipts should be taken first.
iii) He will submit relevant records, precedents, rules and other connected
documents in the file to H.A.
iv) The Record Assistant will mark page numbering and serial No. on the
receipts (PUC) and place it on top of the correspondence side of the file till
action is taken on it.
In addition to it, the record keeper is required to;
i) Make available a copy of required papers quoted in the receipt.
ii) Retain a receipt with himself very long and incase papers cannot be
completed early, he should bring the matter to the notice of S.O and obtain
his instructions.
iii) Indicate on the margin of the receipt, against the reference, the details of
papers including serial No. and page No. of the correspondence file.

15. INTIAL EXAMINATION & DISPOSAL OF RECEIPTS BY THE H.A.

Q. How is initial examination and disposal of the receipts attended to by
the H.A in the dealing section?
Ans.
i) The H.A will see that papers submitted to him by the Record Keeper
required for disposal of cases are complete in all respects.
ii) If any other section of the Department is connected with any part of receipt,
then the H.A should in the first instance sent relevant extracts through S.O
for necessary action.
iii) When a receipt is of the nature that the line of action is clear or is based on
clear precedent or has been indicating by the officer on the reference, the
H.A will in that case submit draft reply with fair copy. However, if the
Assistant feels necessary to have the draft approved first by the officer, he
may submit draft reply without its fair copy.

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iv) In both the cases mentioned above, the H.A will not put up note but will
only enter on the note file that phrase “D.F.A” with fair copy.
v) When it is proposed to submit a case to the Cabinet, the H. A will place a
draft memorandum. This will enable the Minister to approve memorandum
at the same time as the passes orders for admitting the case to the Cabinet.
11-02-2011.
Q. Write a short note on Sectional Diary, Receipt Register?
Ans. Sectional diary register is to be maintained by the Record Assistant of each
section in the prescribed manner to access the number of fresh communications
received by him each day and the quantum of work done on a particular date. The
register has specified columns and it needs careful attention while making entries.
Each section will have only one diary receipt register.
The columns of the sectional diary register are given here as under;
Date: _________
Diary General Receipt From Subject File Action Initial of Rem
No. Receipt dated whom No. taken Dispatch arks
received er
1 2 3 4 5 6 7 8 9

Q. What precautions are to be observed by the H.A while putting up note

seeking approval of the Minister for submitting case to the council of
Ministers (Cabinet)?
Ans. While putting up a note, the following precautions are to be observed;
i) The official will see whether all the facts of the case so far as they are open
to check, are correct.
ii) Point out any mistake or misstatement of facts.
iii) Draw attention where necessary to the statuary procedure and point out the
law and rules.
iv) Supply other relevant facts and figures available in the Department and put
up precedents or papers containing previous decision of policy.

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v) State the question or questions for consideration and bring out clearly the
points requiring decision and suggest alternative courses of action, where-
ever possible.
vi) The notes should be written in paragraphs, which must invariably be
numbered.
vii) The office note should be as short as possible and should be legibly written
in ink or types on note sheet.
viii) Notes to be submitted to the Minister should be typed one containing a brief
history of the case along with all issues relevant to the matter.
ix) The note should always be continuous and free from personal remarks.
Q. Explain the procedure for putting up the file in the office?
Ans. Files to be submitted to the officers should preferably be placed in one file
cover containing both notes and correspondence. The notes file is tagged on left
side top of the cover and the other end of the tag left free. The correspondence side
is tagged on the right side of the file cover leaving the bottom end of the tag free.
While submitting the file to an officer, the papers under consideration (PUC)
referred to in the note are placed on the top of the correspondence file for perusal of
the officer and seeking his approval in the matter.
Q. What are the channels for submission of a case?
OR
What channel is normally adopted for routing a file from the point of
an Assistant to that of the approving authority?
Ans. The Channel for submission of cases in the secretariat will be as under;
i) Record Keeper.
ii) Head Assistant.
iii) Section Officer.
iv) Under secretary/Deputy Secretary.
v) Additional Secretary/Special Secretary.
vi) Commissioner Secretary/Principal Secretary.
vii) Minister of State/Minister In-charge.

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 Cases should only move upto the authority to pass final orders. After
orders have been issued by the competent authority, the cases should go back to the
section where it was initiated through all the officers to keep them informed of
decision taken.
15-02-2011.
Q. Write a short note on the file movement Register?
Ans. This type of Register is to maintain in each section, where in movement of
files to the officers will be recorded by the S.O. Each working day will be allotted a
separate page in the register and on this page the number of the files sent to the
Under Secretary/ Deputy Secretary etc. will be noted immediately. On the return of
the file, the number will be scored off the register but a date on which file has been
received back is to be recorded below the entry.
After every week, a review is to be taken about the file, which has not
been received back. If a file has been marked by the Commissioner/Secretary to
some other officer/department, such as Chief Accounts Officer/Director Planning
etc. the first entry in the register is to be scored off and file is to be marked in the
name of the new officer.
The Proforma of the said register is indicated as under;
S. No File No. Subject Officer to Date of Date of Remarks
whom dispatch return
marked
1 2 3 4 5 6 7

Q. Explain briefly the procedure of maintaining the following;

1. Preparation of fair copies.
2. Examination of Fair copies.
3. Role of Typist in the section.
Ans.
1. Preparation of Fair Copies:
All communications will be typed in the prescribed form of suitable size.
Printed forms should be utilized as far as possible. Margin should be kept on the left

13
side of the page and on both sides id the reverse. The margin may be encroached
upon only if statements have to be copied in the body of the communications.
The name of the officer, who has to sing the fair copy, should be typed in
brackets above his designation. However, in a D.O letter, the designation will not be
given below the signatures, but only at the head. Enclosures accompanying a
communication should be indicated by typing an oblique line (/) in margin against
the lines in which the enclosures are referred to. The number of enclosures should
be types at the bottom with date at the left hand bottom of the fair copy.
2. Examination of Fair copies:
Fair copies should be neatly typed and should be free from corrections. They
should be carefully examined by the Assistant and should bear his dated initials.
The Assistants will be responsible for ensuring that the enclosures are complete.
Besides the address of the officer whom the letter is to send is complete in all
respects.
3. Role of Typist in the Office:
The duties of Typist include making out of fair copies of rough drafts,
typing of copies of notes and enclosures etc. He shall put his initials and date on the
letter typed by him on left hand side at the bottom of the fair copy. He will maintain
a notebook, which shall, among other things, indicate the work done by him on a
particular date in terms of number of pages typed. He shall ensure that the letters
typed are clean and free of mistakes. All enclosures must be carefully indicated at
the bottom of the letter.
Q. What do you know about (1) Issue of reminders & (2) Numbering of
Government Orders/Register?
Ans.
Issue of Reminders:
A reminder is a form of communication, which is sent by one office or
authority to another office or authority for expediting the supply of required
information, reply, reports or documents on pending issues/cases. It can be sent on
the form of an official letter, office memorandum, telegram or express letter. A D.O

14
letter can also be sent for drawing personal attention of the officer towards a case, if
necessary. The language of a reminder has to be very brief.
However, the exact thing is a awaited or wanted from any office together
with the subject matter and the previous correspondence should always be indicated
in all kinds of letters/reminders. Reminder should not be sent to the Government of
India within three months normally.
Numbering of Government orders:
Each Department in the Secretariat will maintain a register having the
following column wherein Government orders issued on any subject will be
entered. A Govt. order is given same number, as may be the serial number in the
register against which the order is entered therein. The register will remain
operative for a period of one financial year, after which a new register will be
issued. At the beginning of each day, the date will be entered across the page of the
register and the entries pertaining to date will be made under it serially.
It needs to be maintained here that every order of the Government shall be
signed either by the Secretary, Special Secretary, Additional Secretary or an Under
Secretary of that Department or such other officer as may be specially empowered
by the Government in this behalf.
Columns of Government Order Register;
S. Govt. Date Subject Competent Section to Remarks
No Order Authority which which it
passed the orders. pertaining
1 2 3 4 5 6 7

Q. What are the duties and responsibilities of the S.O?

Ans. S. O has the following duties & responsibilities;
i) S. O has to watch and regulate the manpower needs of the section and
to supervise the general working and functioning of the office.
ii) He will ensure quick and prompt disposal of business in the office.
iii) The S.O will scrutinize the notes and drafts put up by the Assistant
and submit the cases to the officer.

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iv) To issue reminders and acknowledgements under his signature.
v) To ensure the punctuality of the staff and avoid-ness of delay in
processing cases.
vi) It is the responsibility of the S.O to classify the Dak received in the
office as immediate, urgent or ordinary.
vii) Noting on the files to be put up by him should be clear and to the point
upto date information about rules and regulations and precedents, if
any, has to be highlighted to enable the officer to pass correct orders.
viii) A file movement register shall be maintained by the S.O wherein
movement of files to the officers will be recorded on each day.
ix) He will maintain a stock file of various Government and office orders
of general interest.
x) A sectional notebook or diary must be maintained properly by the S.O
showing D.Os and other important communications, which needs
attention on priority basis.
xi) He will keenly watch the progress of all the important
communications requiring prompt attention or such action requires to
be taken within a time frame.

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 CHAPTER-IV
TOPIC: DRAFTS.
Q. What is Draft and what are the essential qualities of a good draft?
Ans. A draft is written manuscript (documents) of various forms of written
communications.
i) A good draft should contain courteous, polite, respectfully and
dignified language. Courteous letters are likely to show better results
and bring a happy return than those that are avoided courtesy.
ii) In the first portion of an official draft a reference to a previous
correspondence should be given so that the reader may be able to
follow tenor of the draft properly.
iii) Address must be clear.
iv) Subject matter should be so clear to help others to understand the
problem/points.
v) Unnecessary repetition vagueness ambiguity and long sentences
should be avoided.
vi) It should be free from personal remarks.
vii) It should be based on correct spellings without misleading words.
viii) A draft should be prepared in different paragraphs, the language and
expressions should be same as accepted by the authority.
ix) Abbreviations like PHE, SKIM, PDD, BSF etc. should be avoided
generally.

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 x) The last Para should be concluded and based on recommendations to
be made on the clarifications/ information requires to be sought.

Q.  What time limit has been prescribed for disposal of reference, like:  

1. D.O. Letters.
2. Issue of reminders.
3. Telegrams
4. Express letters.
5. U.O. cases.
6. Other cases, Office memorandum.
7. Communication from the Govt. of India.  

The reply is given as under:  

1. D.O. Letters should be disposed off within two days of receipt and a reply should
go under the signature of the officer to whom it is addressed.
2. The first reminder should be followed by another, after a week. In case this does
not evoke any response within one week, a D.O. letter should be issued. 
3. This should be replied one day after receipt.
4. Express letter should also be responded within a day.
5. A reply to a U.O. case should be sent within a week alongwith concrete opinion
/comments.
6. These should be disposed off and reply returned by the prescribed date or within
not more than a week of receipt of reference.
7. Reply in all such cases should be furnished by the date desired in the letter or
within a period not more than one week of the receipt of a reference.

NOTE:

In cases, where reply is not expected to be dispatched within the time limit
for any valid reason, the letter should at least be acknowledge and indicate the
approximate time by when a reply will be sent by the Department.  

Q.   Inspections and preparations of returns. 

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Ans. In order to exercise effective control over offices, it is essential that the
sections should be inspected every quarter either by the commissioner/Secretaries
or by an officer of the rank Deputy/ Under Secretary to ensure that:  

1. The office orders issued are being carried out e provided in the manual and that
the rules of procedure provided in the manual are being strictly enforced.
2. The officials are invariably present and attend to their work diligently during the
office hours.
3. The officials are maintaining high standards of discipline and conduct.
4. A questionnaire are used by the inspecting officer is given in appendix at page 74.
It is to be ensured by the inspecting authority:

a. Whether fortnightly arrear statements of references are submitted by the record

keeper in form given in SM-20.
b. Whether the Record keepers are submitting monthly statement of cases pending
final disposal on the last working day of each month in the form given in SM-22.
c. It would be the responsibility of the Section Officer to see that the statement is
prepared by the record keeper correctly and indicates the exact position of
business pending in the section.
d. Similarly it is to be seen by the authorities that how many files have been
recorded (closed) by the record keepers during the month and how many are
pending and the reasons thereof.
e. It is also to be verified from the record keeper of each section that how much files
have been consigned to the central records.

 ESSENTIALS OF NOTING:

In a Government Office the quality of a note depends upon the observance of the
following points;

1. The language of a note depends upon once knowledge of the language itself. It
should not be below par in as much as it may contain spelling mistakes or gross
errors of grammar.

19
2. A good note should not only contain appropriate paragraphs, but each paragraph
excepting the first one should invariably be numbered. This is necessary from the
point of view of making references to specific paragraph of a note as a whole by
the reviewing officer.
3. Each communication or a letter either received from any office are issued in
correspondence must be mentioned and its number, date and designation of the
officer must also be recorded. All such entries should be recorded in the
chorological order.
4. The note should be legibly written in either the hand of the official or correctly
typed out. However, a note to be submitted to the Chief Minister or Minister In-
charge of the Department should as a rule, be a typed one. It should be self
contained, continuous, un-ambiguous. It must give a brief history of the case
alongwith all issues relevant to the matter. As far as possible correction fluids
should be avoided.
5. While suggesting a definite course of action in a note, an effort should be made to
cite the references of precedents (decisions taken in the past) in similar or
identical matters.
6. The use of first person “I” or the second person “you” are absolutely prohibited in
an official note. The sentences and the entire style to be adopted in a note should
as a rule be in the third person and indirect form of the narration.
7. Lastly the signature of the official alongwith the date on which the note is
recorded must invariably be appended at the end of the note, on the left hand side
of the main body of the note. The space on right hand side should be left blank for
the officer to pass his orders. This must always be borne in mind by new entrants
in the Secretariat Service.

Q. What are the different forms of official communications “Drafting”?

Ans. Different forms of drafts which are used in office do belong to the following
categories;
i) Letters ii) Demi-Official (D.O)
iii) Memorandum iv) Office Memorandum

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 v) Un-Official Reference vi) Endorsement.
vii) Circular viii) Telegramme
ix) Express Letter x) Notification.
xi) Resolution xii) Press Communique
or Press Note.
1. LETTERS:
Letter is most common and important form of the communications. It is used
for correspondence with any of the Department of Government of India, other
State Government offices/ Public Bodies and Private persons. It is written in first
person singular. A letter should always be drafted with utmost clarity and
courtesy. It should be divided into two or more paragraphs and last paragraph
should be concluding. How long should a letter be? Infact, there is no prescribed
limit for an official letter. It should be as long as the subject matter demands.
The official letter should be headed by the bane if the office and the name
and designation of the officer or the person addressed at the appropriate place. It
should begin with the salutation “Sir/Madam” as the case may be and terminate
with subscription “Yours Faithfully”. Remember that if the letter to be sent from
the departments of Secretariat should invariably contain the phrase “I am directed
to” at least once in the beginning.

17-02-2011
2. DEMI-OFFICIAL (D.O):
A demi-offical communication is addressed personally to an officer by name.
It is written in the first person singular in a personal and friendly tone with the
salutation (My dear ________ or Dear Shri _________ ) and terminating with
“yours sincerely”. The salutation should normally be the same as used in a private
letter to the person addressed. It s signed by the officer, generally without
mentioning his designation. The name and designation of the person addressed

21
should be given at the bottom of the letter to the left hand side & the name and
designation of the sender may be at the head of letter on left hand side.
When a D.O letter is written under the instructions of a higher authority, the
text should contain the phrase “I am desired to” once. After that I am to “should be
used in the text in place of I am desired to”.
3. MEMORANDIUM:
This is written in the 3RD person and doesn’t contain any salutation or
subscription except the signatures and designation of the officer who signs it.
The name and address of the addressee are given below the signature on the
left side of the page. In other respects, it is identical in form and phrasing with the
office memorandum. This form is used;
i) In reply to petitions, applications for appointments and enquires etc.
ii) In acknowledging the receipt of communications from non official bodies
or individuals.
4. OFFICE MEMORANDIUM:
This form is used for correspondence between departments of the
Secretariat, only where un-official references are not possible. It is written in 3 RD
person and bears no salutations or subscriptions except the signature and
designation of the officer signing it. The designation of the officer and the name of
the Department to which the communication is addresses, is shown below the
signature on the extreme left of the page. The use of this form in correspondence
with attached and subordinate officers should be avoided. The office memorandum
should contain the phrase “the undersigned is directed to”.
18-02-2011
5. UN-OFFICIAL REFERENCES (U.O):
Un-official references are made by sending the file itself to the other
section/Department with a note recorded thereon for their consideration. The
method of correspondence is generally adopted between departments of the
Secretariat or between a department and its attached offices for obtaining the

22
views, concurrence, opinion, comments or rulings etc. of other offices for
obtaining the proposal or the requisition of papers or information. No salutation or
complementary closing words are used in the form. The name of the
section/department to which the references made is written on the left side at the
bottom of the note.
U.O references should be entered in the file register on receipt, but no new
file should be opened by the consulted section. The information, concurrence,
opinion or ruling recorded on the notes files should be reproduced in the file
register by the consulted section against the file number allotted to the reference
for record and facility of reference in future.
Where however, the issue referred by the consulting section gives or is
likely to give rise to an important precedent, a separate file may be maintained by
the consulted department.
6. ENDORSEMENT:
An endorsement in the 3rd person is used when a paper is returned in original
to the sender or is referred to another department or to an attached or subordinate
office (either in original or by sending a copy thereof) for information, remarks or
disposal. This form is also generally used when copies of a communication are to
be forwarded to others.
7. CIRCULAR:
Circular is used for conveying instructions of the Government on any
particular issue for its speed implementation or to curb any growing tendency of
indiscipline in the Administration or providing a clarification in matters of doubt.
It has no statutory force, as it is not a rule made under any article of the
constitution. It merely conveys Administrative instructions, which cannot
supersede the provisions of the Government orders or notification. The circular
can be sent to several addresses at one and the same time.
8. TELEGRAM:

23
 A Telegramme should be issued only on occasion of urgency keeping its text
as brief as possible but to the point. A telegramme should be followed by post
copies. Now a day, the system of sending of fax messages came into existence and
where such facility is available, no telegramme should be sent.
9. EXPRESS LETTER:
An express letter is exactly the same as a telegramme except that it is posted.
It should be worded like a telegramme and receiptant should give it the same
priority as a telegramme. This form should be made use of as possible, in places of
telegramme, except in the most urgent cases. No salutations or terminations are to
be used.
10. NOTIFICATION:
The notification is used for the statutory publication in the Government
Gazettee for general information of public. Such notifications contains orders with
regard to delegation of powers, framing of rules and regulations or amendment/
modification of rules already enforced. If such decisions or amendments are not
published through notifications, they can be held void by Law Court.
11. RESOLUTION:
This form of communication is used in recording views of the Government
with regard to a report, inquiry or recommendations made by various Committees
and Commissions appointed by the Government. The copies of resolution can be
endorsed to different authorities concerned, but it is not addressed to any one, as in
the case of Press Communique or a notification. It has no salutation of a
complementary close. The text of the resolution should reflect utmost economy of
words and it should be written in 3rd person singular form.

12. PRESS COMMUNIQUE OR PRESS NOTE:

A Press Communique or Press Note is used to give wide publicity to any
decision, policy or action of Government. The Press Communique is more formal
in character than the Press Note. Press Communiqués or Press Notes are required

24
to be drafted with utmost care and clarity so as to avoid misgivings amongst the
members of the public.

22-02-2011
CHAPTER-V
ISSUE OF DAK & MANTAINANCE OF ACCOUNTS:
Q. What procedures has to be followed for Dispatch of Dak?
Ans. The dispatch of dak is the most important element to access the actual
working capacity of the department both in terms of the manner of communication
received on particular day or in particular month and the number of out going
letters in response thereof. Delivery of all the letters local or postal including
registered from all sections of the office will be attended by the Dispatch Clerk.
He will put up the date of dispatch on the office copies of letters. He will also
ensure that;
i) Valuable documents like Service record, deeds, original certificates etc. are
sent through Registered post.
ii) Post office receipts for such papers and parcel should be pasted on the stamp
register for the purpose of Audit Inspection.
iii) Confidential and secrete covers are sent separately to the officer to whom
they are addressed.
iv) While sending immediate and urgent papers, indications to this effect should
be given on the cover.

25
v) Communications meant for local officers are sent to then through a peon after
having entered the same in the local peon book and acknowledgement receipt
their delivery.
vi) All papers handed over for delivery to a peon have been properly delivered
against the receipt.
vii) Dispatcher shall keep an account of the postage stamps used for the dispatch
of out station communications.
viii) He shall ensure that all dak received on a particular day is dispatched on that
very day.
Q. Explain in detail the process of sorting and dispatch of Dak?
Ans. The Dispatch Clerk will sort out all the out going letters according to the
address immediately after they are received from the section. Letters to be sent by
post should be sorted out and kept separate from the letters to be delivered locally.
Letter to be delivered locally will be entered in the peon book and handed
over to the orderly for delivery to the offices. Care will be taken to enter together
the letters addressed to a particular officer by designation. Letters addressed by
name should generally be entered immediately before those addressed to the
officer by designation.
Letters to be sent by post will be entered in the stamp register. However,
care will be taken to enclose all letters addressed to officer in one cover.
Dispatcher will give priority to telegram and immediate, top secrete,
confidential, registered covers in order to enable them to catch the earliest post.
Q. Write a short note in respect of the following;
1. Peon Book.
2. Stamp Register.

Ans. 1. PEON BOOK:

The letters and filed to be delivered locally from one department to another and one
office to another are to be entered in the peon book. Such documents are delivered

26
through Orderlies or Dak Runners. The usual columns of a peon Book are as indicated
below;
S. Name, Designation & No. of the Dated Signature &
No Address Communication Designation of
Receiving Asst.
1 2 3 4 5

The initial of S.O in token of delivery of dak.

Name of the orderly delivering the Dak.
2. STAMP REGISTER:
All postal receipts for telegram, registered and speed post letters will have to be
affixed on the stamp register against the appropriate entry, the columns of which should
be as under;
Date Opening Value of Total To whom No. & date Method of Stamps
Balance Stamps if posted of the Dispatch of affixed
any communicat Letter written
received ion Registered,
Express,
ordinary,
telegram.
1 2 3 4 5 6 7 8

Q. What are responsibility of the Record Keeper in the issue of Dak,

Distinguish between the role of Record Keeper and Dispatch Clerk?
Ans. The Record Keeper is required to;
i) See whether signatures of the concerned officer are on the letter.
ii) See that the number and date is filled in before sending the file to Dispatcher.
iii) See the enclosures if any are attached.
iv) Complete address of the addressee is given on the fair copy.
v) Record Keeper may also be made available distribution list of the addresses
to which the circulars are to be sent.
The fair copies will be received by the Dispatcher Clerk once a day. But
communications of urgent nature and secret, confidential will however be received
by him at any time during office hours.

27
 Valuable documents like service record, deeds, original certificates etc. are
sent through registered post.
Post office receipts for such papers and parcels should be pasted on the stamp
register for the purpose of Audit Inspection.
Confidential and secrete covers are sent separately to the officer to whom
they are addressed.
Q. Write a short note on Service Postage stamps?
Ans. The dispatcher will maintain an account of postage stamp register as soon
as they are received. The total value of service postage stamps expended during
the day for postal dak should be brought on this register and the balance to be
indicated at the end of each day.
The S.O will be responsible for seeing that only the stamps required are
affixed to envelop. The stamp register will be inspected once a month by the
Officer In-charge of the section, who will verify the balance of stamps by physical
account and note on the register the result of his inspection.

24-02-2011
CHAPTER-VI
FILING SYSTEM
1. Separate file for each distinct case.
2. Master File.
3. Constituents of a file.
4. Numbering of pages.
5. Serial number.
6. Docketing.
7. Temporary file.

Q. What is filing system?

28
 OR
How is filing system maintained in an office?
OR
What methods are adopted in filing system?
Ans. The collection of papers on any particular subject and keep them
together in a chronological order is called a file. There should be a separate
file for each and every subject after taking into consideration its life span. For
example; personal file of an officer, allotment of land for construction of
office building, formulation of Annual Plan etc. will form a separate file and
each of these cases will close soon after the issue in each file is settled.
The following methods are adopted in filing system;
i) Single issue in a single file.
ii) Constituents of a file i.e. notes and correspondence side.
iii) Page marking/serial number/docketing.
iv) Temporary file.

Q. Write a short note on maintenance of Master File?

OR
What is Master File? How does it help in quick disposal of the
reference received?
Ans. In certain cases, Master File should be maintained in the section. The
Master file contains copies of all orders, circulars and notifications on distinct
issues but pertaining to one end the same subject or person. The file gives
consolidated picture of the subject or person and thus helps in avoiding
calling for a particular file from central records.
Q. Discuss essential parts/constituents of a file?
Ans. Broadly the file consists of two parts, these are;
a) Notes.
b) Correspondence.

29
 The note contains notes recorded on receipt which should not only
contain appropriate paragraphs, but each paragraph excepting the first one
should be numbered.
The correspondence contains all communications received including
D.O letters and office copies of outgoing communications. In addition, there
will be a separate file cover for keeping miscellaneous papers. Extra or spare
copies of some communications etc. which do not from part of either the
correspondence or notes, should also be kept as miscellaneous papers.

Q. What do you know about the numbering of each part of file and
serial number of communication?
Ans. Every page of each part of the file should be numbered in separate
series. The blank intervening pages, If any, should not be numbered, but
should be scored out. A 2nd part of the file should be opened after having a
hundred serial least the file become bulky.
Every communication in the file whether receipt or issue together
with its enclosures kept in the correspondence side of the file will be given a
serial number right from first page, preferably on the right corner of the
letter. The first letter will be marked serial number and the subsequent ones
will be consigned consecutive serial numbers.

30
 25-02-2011
CHAPTER-VII
DOCKETING.
Q. Identity the circumstances when a temporary file is used?
Ans. Docketing is a process of making entries in the file about each serial
number, receipt or issue placed in the correspondence side to bring it into its
conformity in the notes. A receipt will be docketed by writing in ink across
the page, the serial number of the communication followed by word (receipt)
and by the number, date and designation of the sender. Below each receipt
entry, instructions if any passed by the officer for the disposal of the receipt
will be entered. This will be followed by notes on the receipt.
An issue will be docketed by the entering the serial number given to
it followed by the word (issue) and by number and date of its issue and
designation of the addressee.
The name of the department and the section, the subject of the file
will be given on the top of the first page on the note file before docketing the
first serial.
Q. Identify the circumstances when a temporary file is used. What are
the general constituents of this file?
Ans. A temporary file should be opened when the main file is not likely to
be available for some time or when it is desired to consult other sections or
offices and it is necessary for them to see original papers.

31
 A temporary file should normally consist of :-
1. The original P.U.C (Paper under consideration) of its copy or other
essential papers on the correspondence side, and
2. The note or notes recorded or to be recorded on the PUC or a copy there
on the notes side.
A temporary file should be incorporated with the main file as soon
as the same becomes available. When more than one temporary files are
opened, each one of them should be given a distinct number, But no separate
entries need to be made in the file register. However, entry should be made
particularly in the file movement register.

CHAPTER-VIII.

32
 TOPIC: INDEXING, RECORDING AND CONSIGNMENT OF
FILES.
Q. Explain with the help of suitable example, the procedure of
indexing file in your office. What precautions should be taken
while giving title and assigning number to the file.
OR
Write a short note on indexing of file.
Ans. An index of the file should be prepared by the Record Keeper as
soon as a new file is opened in the file register. An index consists of two
parts namely:-
i) Title &;
ii) File number.

The title should be divided into:-

i) Head
ii) Sub-Head or Sub-heads &;
iii) Contents.

The record Keeper will in consultation with the Section Officer

propose a suitable title to the file. The R.K will type out in duplicate as many
index slips as there are heads and sub-heads in the title. The R.K., will also
write on the file register and the file cover, the head, sub-head and contents.
The index slips of the section will be kept by the R.K in safe place. Index
slips of confidential and secret cases will be prepared and maintained
separately by the S.O.
Each title will be followed by its file number. This should consists of
the section, the year and the serial number of that file in the year i.e.
PWD/Adm/07.
Q. How can title of a file be made more significant and prescribed?
OR

33
 Why is consistency needed in using the standard heads and sub-
heads in the title of file?
Ans. The title given to a file should be as brief as possible but should be
glance sufficient indication of the issue to be decided and the contents of
the file so as to ensure as an aid to its identification.
The title should be divided into head, sub-head and contents.
These items provides more help to identify the actual subject and its
concerned issues.
Q. What is sectional note book and for what purpose it is prepared in
the office?
Ans. Every section will maintain a sectional note book for keeping a note
of important rulings and decisions for ready reference. The S.O will ensure
that an entry in the note book is made properly at the earliest. The sectional
note book will have to be following column:-
Heading, subject and file number.

Q. Explain the process of closing of files and their consignment to the

central records as per the provision of Manual of Secretariat
Procedure.
Ans. The process of closing of files in technical terms is known as
recording, which normally takes place when action on all the receipt has
been taken and the issue is finally decided. A case will be considered as
closed, When:-
i. No further action is pending on it, and
ii. Complete reply has been sent to every instructed party.
After closing a file, it should be immediately removed from the
pending files and placed in a separate almirah for consignment to the
central records.

34
 The following procedure is adopted for consignment of files to the
central records;
1. A closed file after the expiry of two years is consigned to the central
record.
2. A date note to this effect should be made in the file register under its
number.
3. Due care should be taken in case of the file which contains important
papers or likely to become important for future.
4. Before consignment, un-important and transitory correspondence in
the file should be destroyed.
5. Orders of Deputy/ under Secretary or the concerned officer should
be obtained for consignment of each file to the central records.
6. A list of files consigned to central records is prepared in duplicate.
One copy of the list is sent with the files for use in the central
records and another is retained by the section for future reference.
7. Consignment of files should be twice a year in the first week of
April and October.
8. An exception to aforementioned procedure can be taken with the
permission of the Secretary.

Q. After how much of the time period prescribed by Manual of

secretariat Procedure should each of the following registers be
consigned to the central records?
OR
What time limit or life has been determined for sending the
registers to consigned record?
Ans. As per the procedure prescribed in the Manual of Secretariat
Procedure, the following registers are consigned to the central records after
expiry of the period shown against each.

35
 S. No Type of Register Period
1 File Registers 10 years
2 File Movement Registers 02 years
3 Peon books or Un-Official Peon Books 01 year
4 Daily Receipt registers 10 years
5 Receipt registers 02 years
6 Dispatch Registers 02 years
7 Stamp Registers 05 years
8 Legislature question Registers 05 years
9 Assurances Registers 05 years
10 Daily Dispatch Register 10 years

Chapter -IX

SPECIAL SECTIONS 

Q.  What are the main duties and responsibilities of the Establishment
Section, Estates Section, Petition Section and Cabinet Section? 

Ans.  These are the main duties and responsibilities of the Establishment
section:  

1. Proposals for creation of posts in a Branch of the Secretariat will be dealt

with by the branch concerned in consultation with the Establishment Section
in the General Administration Department before issue of orders.
2. Recruitment either by direct or by promotion against all vacancies available
in different branches of the Secretariat will be made by the Establishment
Section.
3. Branches of the Secretariat will send, well in advance, the number of all
vacancies both permanent and temporary to be filled up either by direct
recruitment or by promotion to the Establishment Section in the GAD. This
list will include vacancies of Jamadars, and Orderlies also.
4. The method of recruitment by promotion shall have to be submitted by the
Establishment Section to the Establishment Committee in the GAD for the
selection of suitable candidates on the basis of seniority and merit.
5. The vacancies falling under direct quota shall have to be referred now to the
SSRB for selection of eligible candidates as per the criteria prescribed in

36
 this behalf. The candidates selected either by direct or by promotion will be
distributed to the various branches of the Secretariat by the Establishment
Section in the GAD.
6. Establishment Section will among other things fix the seniority of the
incumbents of the Secretariat Establishment and maintain General seniority
list of the staff.
7. Confirmation cases of the Establishment will be attended by the
Establishment Section in accordance with the rules.
8. The Establishment Section will keep close watch over the date of retirement
of any official of the staff and issue timely orders for the retirement of the
incumbent on Superannuation, retiring or invalid pension.
9. Transfers will not ordinarily take place from one branch to other. But it will
be open to the Establishment Section to effect such transfers as may be
administratively necessary.
10. The Establishment Section may with the concurrence of the branch
concerned depute an official from the Secretariat Service to some other
service in or outside the state on the terms and conditions as may be fixed in
this behalf.
11. Annual establishment lists and other statements concerning the
Establishment of the Secretariat will be prepared by the Establishment
Section.  

       The main duties and responsibilities of the Estates Section:  

1. The basic amenities to the staff as well as to the offices located within the
Secretariat Premises shall be managed and provided by the Estates
Section.
2. It is main function is to maintain control over and look after the Secretariat
Buildings / residential quarters constructed by the Government including
the compounds, lawns and gardens with the premises. Providing of
residential accommodation on temporary or permanent basis to the

37
 Government Employees is also included in its duties. The other functions.
The other functions are summarized  up as follows:
a. In addition to Police Guards sanctioned for watch and ward of the
buildings during day and night, the Estates section will issue entry passes
to the visitors at the main gate of the Secretariat during office hours.
b. To provide telephone connections both external and internal, in the offices
and residences of the Minister’s and the officers of the residences of the
secretariat department.
c. To install and maintain electric gadgets within the premises in consultation
with the electrical department.
d. To arrange and provide trunks and bags to the departments at the time of
move of offices for taking the records from Jammu to Srinagar and vice-
versa.
e. To supervise the working of the receptionists, storekeepers, plumbers,
electricians, lift operators, gate keepers, gardeners, chowkidars, and
sweepers etc in the secretariat.  

The Petition Section will receive all petitions which are classed in the
three categories as indicated below:

1. The first category will consist of Petitions on which no action is desirable

or necessary, due to the subject matter being un-important or Sub-judice or
to there being anonymous such petitions may be maintained in the general
file. 
2. The second category will consist of petitions which require disposal by
any Government Officer. Such petitions may be forwarded in original to
the concerned authority to which it pertains for disposal. An office copy of
the forwarding letter will be maintained in a General file which will be
separate from the file maintained for the first category.
3. The third category will consist of petitions which are serious enough to
necessitate a report being called for and examined. Such petitions should

38
 be treated as cases. These petitions should be brought to the notice of
competent authorities before action is taken on them.

  This chapter of petition does not indicate specifically whether it was then
maintained in the General Administration Department exclusively or in other
branches of the Civil Secretariat. It needs to be mentioned here that in the
branches of the Civil Secretariat there is a writ petition section almost all in each
department dealing with the writ petitions filed before the Hon’ble Courts. So it is
proposed that necessary clarification or amendment rather modification should be
considered by the General Administration which department has prepared these
rules in the 1959.  

These are the main duties and responsibilities of the Cabinet Section:  

Any Section of Secretariat can submit a memorandum with a requisite

number of copies as may be prescribed by the GAD from time to time to the
Cabinet Section along with the file on the subject. It should be covered of a
dispatch sheet in triplicate as prescribed in SM-13.

The Cabinet section will enter the memorandum in their register the
Proforma of which is given in SM-14. Columns 1 to 4 of the register will be filled
immediately the case is received. The Cabinet section will seek the orders of the
ministers on the memorandum either by circulating the case by rotation as per
Proforma SM-16 or for placing it before the Cabinet as per Proforma given in
SM-15.

When orders are passed on the memorandum, either by circulation or

otherwise, they will be communicated immediately to the concerned department
under the signatures of the secretary to Cabinet “Chief Secretary”. The concerned
file will also be returned to the department. At least 4 copies of the Government
Orders passed on the basis of the cabinet decision will be sent by the concerned
department to the Cabinet Section for their information.

39
 Chapter-X

TOPIC: LEGISLATURE.
Questions.
1. Starred/ un-starred.
2. Reply.
3. Assurances.
4. Calling Attention motions.

Q. What treatment is given to the Question received from the

legislative Secretariat?
Ans. Three copies of the question after being admitted in the legislative
Assembly are sent to the concerned section of the department of seeking reply.
The treatment given to such a question is outlined as follows;

40
1. On receiving the copy of the question, it should be flagged with
assembly Business or Council Business as the case may be. Such a flag
indicates the urgency of the case and as such, it is to be treated by all
concerned as immediate from the movement of the receipt
2. Any question received which does not pertain to the section should
immediately be dispatched to the concerned section or department
without any delay under intimation to the Legislative Secretariat.
3. Questions pertaining to the section shall be marked to the S.O
concerned who will submit one copy of the question to the Secretary in
a fresh receipt and immediately proceed to take action on the other copy
keeping it as the office copy.
Q. What is the procedure for answering question received from
Legislative Secretariat?
Ans. The following procedure is adopted in answering questions received
from the Legislative Assembly:-
1. Answer to the questions should be furnished to the Legislative
Assembly as soon as they are ready, but not later than the day
proceeding the date fixed for the reply to the question.
2. Answer to questions should be approved by the Minister In-charge.
3. Serious efforts should be made to collect the required information for
the answers.
4. Doubtful and un-verified statements of facts should be avoided.
5. Reference to name should be omitted even when the question
specifically refers to names.
6. Reply to the question is furnished in 35 copies to the Legislative
Assembly as well as to the department of parliamentary Affairs.
7. In case of the Starred Question, q note should be appended to the reply
for the use of the Minister containing material for possible
supplementary.

41
8. Reply to the question should be recorded as confidential un-till these
replies are delivered in the Assembly Secretariat.
Q. What procedure is adopted for recording the Assurance given on
the floor of the House?
OR
What do you know about Assurance given on the floor of the
Legislature?
Ans. Every department will keep a separate record of the promises and
assurances given by the Minister in the Legislative Assembly/council. These
are to be fulfilled either immediately or subsequently as soon as information
becomes available. The record of such assurances is required to be kept in the
register of Assurances as prescribed by the government in the manual
Secretariat Procedure, the column of which are given below:
S. AQ/CQ No. & Subject Assurance When & how Rem-
No other ref. given fulfilled. arks
1 2 3 4 5 6

An Assurance will be treated as a case and shall be given a number

of the file register. After every month, a consolidated statement showing the
action taken on promises and assurances given in the Legislature should be
prepared by the Law and parliamentary Affairs Department of the
secretariat for sending to the legislative Assembly/Council.
The Minister in-charge is informed about the progress made in the
implementation of promises and assurances given by him on the floor of the
House.
Q. What is difference between Starred and un-Starred Questions?
Ans. There are two different forms of questions asked by the Hon’ble
members of the Legislature for the purpose of obtaining information from the
Government in respect of the matters of public importance. These are known
as starred and Un-starred questions. While the former is identified by as

42
ASTERIX mark on the top of it and to such questions an oral answer is given
in the house, the reply to the latter is offered in written from only and no
supplementary questions are asked in respect thereof.
Q. What is responsibility of an Assistant who is entrusted with the job
dealing with Assembly Business?
Ans. The Assistant who has been entrusted with the job of dealing with
Assembly Business should enter all the questions received from the
Legislative Assembly, in a blank register allowing one full leaf to each
question. The office copy and correspondence, if any attached with the
question should be kept in the same register at its allotted place.
After the reply has been sent to the Legislative Secretariat, a copy of
the question together with its reply should be pasted on the page allotted to
the question in the register. It should be, however, ensured that separate
registers are maintained for questions pertaining to the Legislative Assembly
and Legislative council.
Q. What is note for Supplementaries?
Ans. Any possible supplementary information is expected to be asked for
the purpose of further clarification in respect of any Starred question to which
an answer has been given. So in order to avoid such a situation, a note for
expected supplementaries should always be available for information of the
Minister. It should not take the form of long narratives but of small
paragraphs, divided item wise with an appropriate sub-heading (such as
numbers, names, districts, Non-Gazetted etc.) so that the relevant paper of the
note for supplementaries can be easily referred to by the Minister.
Q. On what lines should a reply for a question be drafted?
Ans. A serious effort should always be made to collect the required and
relevant information complete in all respects from sub-offices for framing a
satisfactory reply to the questions. If in a particular case, it is not possible to
collect the required information immediately and the answer cannot be ready

43
in time, intimation to this effect should be given to the Legislative Assembly
in advance, at-least three days prior to the date of its reply in the House.
However, such reply should go to the Legislative Secretariat as soon as
possible and in any case before the end of appointed session or the next date
as may be fixed in this behalf.

$$$$$$$$$$

B-
THE JAMMU & KASHMIR GOVERNMENT EMPLOYEES
(CONDUCT) RULES, 1971 AS AMENDED FROM TIME TO
TIME.

PART-IV

J&K GOVERNMENT EMPLOYEES (CONDUCT) RULES, 1971

i) A Government servant should be a person of integrity. He should not

disclose official secrets to any body.

44
ii) He should be duty bound.
iii) He should not do any thing unbecoming of a Government servant.
iv) He should take proper care of his family. Whereas, the Government does
not responsible to look after of his family, still any of the punishments
under rule 30 of the J&K (Classification, Control and Appeal) Rules,
1956, can be imposed upon him if he neglects his family.
v) A male Government servant cannot have a second wife when his first wife
is living (Bigamous marriage) similarly a female Government servant
cannot marry a person whose wife is living.
vi) Even under the Muslim Personal Law, Government sanction is needed for
having more than one wife.
vii) The authority who accords sanction to second marriage in favour of a
Government servant who has a surviving wife – should obtain consent of
the living wife of the Government servant and the circumstances under
which she has consented to the second marriage of her husband (with
another lady). He should make a personal liaison with her to ensure that
she has not given her consent under any pressure/ influence.
vii) A Government servant cannot purchase or sell immovable property
without Government sanction if its cost exceeds Rs. 20, 000/-. He has to
inform the Government regarding purchase and sale of movable property
in case its value exceeds Rs.20,000/-. Sanction of the Government is
necessary for acquiring immovable property.
viii) A Government servant should report to the Government if he has/had
accepted a free gift on his marriage, marriage anniversary, other social and
religious functions from his close relatives and personal friends with
whom he has no official dealings in case the value of such gift exceeds
Rs.3,000/- and Rs.1,000/- on other occasions.
ix) Casual lift and casual meals on farewell on transfer/ retirement may be
accepted without sanction.
x) An officer can, however, accept a bunch of flowers any time from any
body without sanction.

45
xi) An officer cannot file his nomination for Assembly/ Parliamentary or
Local Body elections nor can he propose any other person or canvass for
any candidate in such elections.
xii) An officer cannot lend or borrow money from any person. He may,
however, accept a loan of small amount free of interest from a relation or
his personal friend purely on temporary basis. He can also obtain a credit
account with a registered Finance Company/ Bank or make an advance to
his personal servant.
xiii) No officer can invest money in shares or stock certificates.
xiv) No member of his family is also permitted to make any investment which
may cause harassment or influence his official working.
xv) A Government servant cannot subscribe without obtaining Government
sanction to any fund/ collection excepting to his GPF/ PPF/ CPF Account
etc.
xvi) A Government servant cannot raise/ collect funds for any organization/
association to which he cannot subscribe/ donate under rules.
xvii) A Government servant should not have association with any political party
especially with RSS (Rashtriya Swayamsevak Singh), Jamat-e-Islami,
Islamic Study Circle or any other organization/ association, which is
banned under law of the land.
xviii) A Government servant cannot even subscribe/ contribute to any
unrecognized employees association.
xix) A Government servant cannot publish a document/ information or write
any article without Government permission. He can even not give a radio
talk connected with his profession without such permission.
xx) A Government servant cannot publicly criticize the Government policy/
action nor can he take part in any un-recognized strike of the employees.
xxi) He cannot take part in any subversive activity or act in such a manner
which is harmful for the security of the State/ Country.
xxii) He cannot deliver a speech or take action which may spoil Centre – State
relations.

46
xxiii) An officer cannot engage himself in a private practice or profession
without Government sanction.
xxiv) A Government servant should clear his personal debts. Government can
take action against an employee who is proved insolvent.
xxv) A Government servant cannot seek employment for any of his family
members from any person/ firm with whom he has official dealings.
xxvi) A Government servant should file a return in respect of property both
movable/ immovable owned by him or any of his family members as on
31st of December each year. This return should be filed by or before 15 th
January of the next year.

GENERAL RULES:

J&K Conduct Rules contain the day to day instructions to deal with the
Govt. employee if he/she does not work properly in accordance with the
duties and responsibilities entrusted as a member of Government to provide
better public service in the interest of the Government work.
Q. Define family in terms of J&K Govt. Employees Conduct Rules, 1971?
Ans. Family in terms of Conduct Rules, of a Government servant means;
1. The spouse, whether residing with Govt. employee or not, but does not
include the divorced or separated from the Govt. employee by an order of
competent court.
2. Son or daughter or step son/daughter wholly dependent on him but does
not include a child or step child no longer in any way dependent or from
the custody of Govt. employee deprived under any law.
3. Any other person related whether by blood or marriage to the Govt.
employee or his spouse wholly dependent on Government employee.
Q. Which is the prescribed authority appointed under Employees
Conduct Rules?
Ans. The prescribed authority appointed under Conduct Rules is;
1. Government in case of Gazetted Govt. employee.
2. Head of the Department in case of Non-Gazetted employee.

47
3. In respect of a Govt. employee on deputation to any other Govt., the
prescribed authority had Govt. employee not on deputation.
Q. What is expected from a Govt. servant to do during service period?
Ans. A Govt. employee is required at all times to behave properly during his
service period, maintain absolute honesty, integrity and purity towards duty and
shall not do anything which is not suitable to a Govt. servant. In nutshell Govt.
servant must respect the rules governing, maintain complete discipline and
obedience of rules.
Rule-3 of Conduct Rules further lays down that every Govt. employee
holding a supervisory post shall take every step to ensure that;
1. All the officials under his control maintain integrity and devotion to duty.
2. Utilize powers delegated independently according to his own judgment.
3. Not to refer such cases for instructions/orders where delegation exist with
him, except where a superior authority has issued a direction. In such cases,
written directions shall be obtained wherever practicable, and where it is not
possible written confirmation should be obtained.
In addition to above, the Govt. instructions under the aforesaid rule
specify that a Govt. servant is expected to maintain a reasonable and decent
standard of conduct in his private life. In case, it is found that he has acted in a
manner not suitable, action against him on that can be taken.
27.01.2011
Q. What is meant by gift in terms of Conduct Rules?
Ans. Any present offered to a Govt. employee in cash or Coin is treated as gift
under Conduct rules. It also includes free transportation, boarding, lodging or
other services or any other advantage, when provided by any person other than a
nearest relative or friend having no official dealing with him. However, a casual
meal or other social hospitality shall not deem to be a gift but no lavish or
frequent hospitality from such individuals, industrial or commercial firm,
organization etc. should be accepted. (Rule-3)

Rule -4

48
Q. State the circumstances where under Govt. employee can accept the
gift?
Ans. No Govt. employee shall accept or permit any member of his family or
any person acting on his behalf to accept any gift. However, on occasions such as
wedding anniversary, funerals or religious ceremonies when the making of gifts is
in conformity with the prevailing religious or social practice, a Govt. employee
can accept from near relatives with a report to Govt. if value of such gift exceeds;
1. Rs.500/- in the case of Class-I & Class-II officers.
2. Rs.250/- in the case of Class-III officers.
3. Rs.100/- in the case of Class-IV officers.

Similarly in case of gifts on such occasions can be accepted from personal

friends having no official dealings with report to Govt. not exceeding;
On religious occasions
1. Rs.250/- in the case of Class-I & II officers.
2. Rs.150/- in the case of Class-III officers
3. Rs.100/- in the case of Class-IV officers

On Non-religious occasions with the sanction of Govt., if gift exceeds;

1. Rs.75/- in the case of Class-I & II officers.
2. Rs.25/- in the case of Class-III & IV officers.
Rule -5

28.01.2011
Q. What are the restrictions on public demonstration to a Govt. servant?
Ans. Public demonstration in honor of Govt. employee is prohibited to receive
any complementary or valedictory address or accept any testimonial or attend
meetings or entertainment held in his or any other Govt. employee’s honour
without previous sanction of the Govt. except on following occasions;
1. Farewell, entertaining of a private and informal character held in honour of a
Govt. Employee or any other employee at the time of transfer or retirement.

49
2. Acceptance of a simple and inexpensive entertainment arranged by public
bodies or institutions.

Rule -6
Q. What are the restrictions imposed under rules on a Govt. servant on
employment of his family members in private undertakings?
Ans. No Govt. employee is permitted to secure employment to any of his
family member in any private undertaking by using his official position or
influence directly or indirectly particularly in respect of Class-I officers, without
prior sanction of the Government.
However, where the acceptance of the employment can not await prior
permission of the Govt. in view of urgency, such an employment can be accepted
provisionally with a report to Govt. to obtain permission. If any member of Class-
I Officer accepts any such employment without his knowledge, the Officer should
intimate the prescribed authority of such event indicating whether the officer has
or had any official dealing with that undertaking.

Rule -6 G. Inst.

Q. What are the restrictions laid in the rules while dealing with the cases
of appointments, contracts, leases etc.?
Ans. The Govt. employee especially those holding position of trust and
responsibility should be honest and impartial in discharging the duties and not
allow any individual to have greater access or influence with them than others
because the Govt. employee is required to earn good reputation of being so. He
should avoid possibility of getting influence and shall not deal with any such
matter if he or any of his family members is employed in such undertaking or any
member has direct or indirect influence. In that case Govt. employee should refer
all such cases to his next authority and act according to the instructions of said
authority.

29.01.2011

50
Q. How far the Conduct rules permit for making subscriptions by Govt.
servant?
Ans. A Govt. employee can not associate with the raising of any funds or to
make subscriptions in cash or kind for any object whatsoever without obtaining
sanction of the Govt. or prescribed authority. In following cases, however, no
prior Govt. sanction is required;
a. Voluntarily Associations of Govt. Employees connected with collection of
army, navy or air force Flag Day contributions.
b. Mere making payment of subscriptions to any fund being raised for the
help of needy person i.e. charitable organizations.
A Govt. employee who is also a member of Service association can not
sponsor collection of funds on behalf of the Association without prior permission
of Government. However, general permission has been granted to collect
subscription by said Govt. employee from amongst its other members provided
the association is recognized by the Govt. and the money raised is used for
welfare activities of the association and no for the benefit of any individual of the
Service Association.

Rule -7
Q. What are the restrictions imposed for making investment, lending and
borrowing by Govt. servant?
Ans. A Govt. employee can not engage himself in making investments in shares
etc with aim to get profits. The frequent purchase or sale or both of shares or other
investments are also prohibited. In case any question arises as to whether any
transaction made by the Govt. servant is of the nature referred above, the decision
of Govt. shall be final.
No Govt. employee shall made or permit any member of his family or any
person acting on his behalf to make any investment which is likely to influence on
him in the discharge of official duties.
In addition to above, the Govt. servant can not lend or borrow money to or
from any person within local limits of his authority or with whom he is likely to

51
have official dealings or place himself under any obligation to such person, except
following;
1. Govt. servant can give to or accept from a relative or a personal friend a pure
temporary loan of small amount free of interest. If any of these conditions is
not fulfilled previous sanction of the Govt. shall have to be obtained.
2. Can open an account with the authorized bank.
3. Can open an account with the tradesman.
4. Can make advance payment to his private employee.
In case a person having financial connections with the Govt. servant falls
under the jurisdiction of a Govt. servant as a result of his transfer, or appointed to
another station, he is required to report the matter to the prescribed authority and
shall act in accordance with such orders as may be issued by the said authority.

14.02.2011
Q. What is the procedure for submission of Property Statement by Govt.
servant?
Ans. Every Govt. employee is required to submit the property statement on the
prescribed Proforma within one month of his first appointment and thereafter at
such intervals as may be specified by the Govt.
These statements are to be submitted every year by 15 th January showing
details of properties at the end of previous year. This statement should contain all
the details in respect of assets and liabilities, movable and immovable property of
the Govt. servant either in his name or in the name of any member of his family,
other person indicating source from which each item acquired. The property
shown in the statement should indicate whether inherited by Govt. servant or own
or acquired on lease or mortgaged either on his own name or any member of the
family. The declaration of property should also be in respect of property situated
outside the State and will include such movable properties like house boats,
dongas.
As per Govt. Instructions Class-III and IV employees are exempted from
the provisions of this rule.

52
Q. What restrictions are imposed on Govt. servant in the matter of
private trade or employment?
Ans. No Govt. employee whether on leave or active service shall engage
himself directly or indirectly in any trade or business or accept any other
employment without prior sanction of the Govt. Seeking support by the Govt.
employee for any business or insurance, commission agency owned or run by
wife or any member of family is deemed violation or breach of rules.
The Govt. employee should report if any member of his family is engaged
in a trade or business, or owns an Insurance/ commission agency. He can not take
interest in Govt. contracts or from handling, security for contractor or acting as
agency or Assistant except in following jobs;
a) Can without sanction undertake honorary work of a Social or Charitable
nature or occasional work of literary, artistic or scientific nature, except in
organization with which Govt. employee is debarred from associating and
on the condition that his official duty does not suffer.
b) Can accept Honorary Secretary-ship of a Club, after obtaining approval of
his immediate officer.
c) Can not without sanction take part in registration, promotion or
management of any cooperative society/ company for commercial
purposes except in discharge of his official duties except the cooperative
society meant for the benefit of Govt. employees registered under the
Cooperative Societies Act.
15.02.2011
Q. What do the rules provide for insolvency and habitual indebtness of a
Govt. servant?
Ans. The rules provide that when any court attachment is received against a
Govt. employee the appropriate authority is required to implement the court
orders. The authority shall at the same time determine if the financial position of
Govt. servant has reached to a stage at which confidence in him is shaken. In such
situation, the authority shall consider the question of taking disciplinary action
against the Govt. servant under rules unless Govt. servant proves that his

53
indebtness was due to some unforeseen circumstances over which he had no
control and had not been extra visioned. This is because a Govt. servant is
required to manage his private affairs in such a way that he may not become
victim of indebtness.
When legal proceedings against a Govt. servant is initiated to declare him
insolvent, he is required immediately to report full facts of the legal proceedings
to the Govt. through proper channel. It will be his burden to prove that insolvency
was as a result of circumstances beyond his control.

Q. Elaborate unauthorized information of communication?

Ans. No Govt. employee can give an information based on Govt. records or any
official document or any part thereof directly or indirectly to any Govt. employee
or any other person to whom he is not authorized to communicate such
information/ document unless he is authorized to do so in his official capacity in
accordance with general or special order of the Government. Quotation by a Govt.
employee in his representation to Head of Department or Government from any
letter, circular or from notes of any file, to which he is not authorized to have
access or which he is not authorized to keep in his personal custody shall amount
unauthorized communication of information.
19.02.2011
Q. What does rule provide conduct of a Govt. servant in connection with
Press and Radio?
Ans. No Govt. employee without previous sanction of Government will;
1. Own wholly or in part or conduct or participate in the editing or management
or any news paper etc.
2. Publish a book himself or through publisher.
3. Contribute an article or a book.
4. Participate in radio broadcasting or write a letter to newspaper either in own
name of anonymously, fictitious or in the name of other person.
However, no sanction is required in the following cases;
a) To contribute to a news paper, periodical book in official capacity.
b) Publication or contribution is through publisher

54
c) Radio broadcast is artistic, scientific or literary character.
No Govt. employee can express in writing or discuss or criticize in public
in any meeting of any association, the policies of the Govt. nor participate in any
way in such discussions where Govt. policies are discussed or criticize.
20.02.2011
Q. Describe the restrictions laid down in the rules for taking part in
politics and elections by a Govt. servant?
Ans. No Govt. employee is permitted to take part in assisting any way directly
or indirectly in any political movement in India or in the State, which inclinate to
give rise to his satisfaction against Govt. of India or the State Govt. or promote
feelings of hatred among different classes of population in the State or disturb
public peace.
The Govt. servant shall not permit any person dependent upon him to take
part in any way in subversive activities against the state. Further the rules provide
action against Govt. servant if any of his family member;
a) Take part or assist in a movement/ activity against the Govt. of the State,
and authorities found that no possible precaution to prevent such a person
has been taken.
b) If Govt. employee has knowledge or has a reason to suspect so acting does
not inform the Govt. or to the officer he is subordinate.
c) If does not withdraw from a meeting or function in which political speeches
of objectionable character are made.
d) Govt. employee is expected to explain the policies and programmes of the
Govt. while discharging official duties but he shall not make communication
to the press without sanction of the Govt. He shall also refrain from making
reference to the persons or parties who may be in opposition to the
Government.
e) Shall not interfere or use his influence or take part in any election to a local
body, legislature, and parliament but can exercise his right of vote
confidentially.

55
 The Govt. employee shall satisfy himself before associating to any
organization about its aims and objects are not objectionable within the meaning
of this rule. Government employee can not propose or second.
Government employee is required to keep himself away from the activities
of Jamat-i-Islami, RSS, and Islamic Study Circle or any other such association as
specified by the Government from time to time.
21.02.2011
Q. Explain evidence before Committee or any authority?
Ans. No sanction is needed when Govt. employee has to give the evidence
before;
a) An authority appointed by the Govt. or State legislature or Parliament.
b) Before any departmental enquiry ordered by an authority subordinate to the
Govt.
c) Judicial Enquiry conducted by a Judge.
Previous Govt. sanction is required to give evidence before an enquiry
conducted by an authority other than above mentioned. The Govt. employee
should not criticize the policy or any action of Govt. of India, Govt. of J&K or
any State while giving evidence in any manner.
$$$$$$$$$$

C- THE JAMMU & KASHMIR CIVIL SERVICES

(CLASSIFICATION, CONTROL & APPEAL) RULES,
1956.

GENERAL:
J&K Classification Control and Appeal Rules contain the instructions
to deal with the personal matters of Govt. employee regarding appointment,
promotion, seniority etc. while in Govt. service.

56
 27.02.2011
Q. Define the qualification for appointment in a Govt. service as a direct
recruitment?
Ans. The following are the required qualifications for appointment to any
service by direct recruitment to a person;
i) The person must be a hereditary State subject holder.
ii) Age as on 1st day of January of the year in which the posts are advertised
shall not be less than 18 years. The maximum age limit to general category
is 37 years, 39-years for physically handicapped, and 40-years for
Schedule Caste/ Tribe category, Ex-serviceman, and in-service candidates.
iii) Possess Sound health, active habits and free from any bodily defects or
infirmity unfitting him for such service.
iv) Satisfies appointing authority for his character and antecedents to qualify
such service.
NB: The decision as to whether a person is qualified under clause (1) of the rule
shall rest with the Govt.
No person shall be eligible for appointment to any service, class, category
or grade or any post borne on the cadre thereof unless the person;
a) Possess such qualification and has passed such special tests as may be
prescribed by the Govt. or
b) Possess such other qualification as may be considered by the Govt. to be
equivalent to said special qualification or tests.
28.02.2011
Q. Define Cadre?
Ans. Cadre means sanctioned strength of service, class, category or grade,
whether permanent or temporary and is determined by the Govt. by a notification
published in Government Gazette.
If a member of any service, class, category or grade is reduced to a lower
service, class, category or grade, he shall be deemed to be member of that later
and the permanent cadre thereof shall be increased, if no vacancy exists for
absorption. The higher post held by him shall remain vacant.
Q. Define Category?

57
Ans. Category is a sub-division of ‘Class’ i.e. the posts borne on the cadre of a
service or class. For example, the Section Officer, Head Assistant, Stenographer,
Senior Assistant and Junior Assistant etc. are the different categories in a Service
cadre.
Q. What do you understand by the term Class?
Ans. Every department has two services ‘Gazetted’ and ‘Non-Gazetted’, which
are further divided into two classes of employees Executive and Ministerial. The
Govt. servants of Executive Cadre can not be transferred to Ministerial cadre or
vice versa. Generally speaking, the officers with out-door duties are classified as
Executive while as those performing duties while sitting in the office are
Ministerial like; Commissioners/ Secretaries to Govt. etc.

Q. Can a Govt. employee keep more than one living wife?

Ans. A male Govt. employee can not keep more than one living wife or who
having a living spouse marries in any case in which such marriage is void. No
woman is eligible for appointment in Govt. service, whose marriage is void by
reason of the husband having a living wife at the time of such marriage, except
Govt. exempt if satisfied having grounds for doing so.
09.03.2011
Q. Describe whether a competent authority can make temporary
appointments?
Ans. The appointing authority can appoint a person where it is necessary in the
public interest owing to an emergency for a period not exceeding 3-months on
each occasion, till a person is formally appointed in accordance with rules. Such
appointee is not regarded as a probationer in such service or gives a preferential
claim for future appointments.
If such a person is subsequently appointed on the post in accordance with
the rules, the probation shall commence thereon from the date of such subsequent
appointment.

58
 11.03.2011
Q. What is the method of appointment in Government service?
Ans. The method of appointment in Government service is made by;
1. Promotion from the same service or by transfer from another service.
2. Direct recruitment
3. Partly by direct recruitment and partly by promotion.

PROBATION
Q. Describe the term probation or what are the rules governing on
probation?
Ans. No person is eligible for confirmation as a member of service until
remained on probation in such service for a period of 02-years and can be
extended by Govt. by 02-years if probationer fails to acquire the requisite
qualification in first spell.
1. The probationer is not supposed to discharge the duties which are normally
discharged by the members of service.
2. The appointing authority can before the expiry of probation period;
a) Suspend the probation of a probationer and discharge from service for
want of a vacancy, and
b) At its discretion terminate the probation of a probationer and discharge
from service.
3. The probationer is required to acquire the special qualification or to pass the
special test or to qualify the prescribed examination within the period of
probation. If the probationer fails to acquire such qualification within the
prescribed period, the appointing authority shall forthwith discharge his
service. In case probationer has before commencing the probation acquired
such qualification, he shall not be required to acquire it again.
4. After expiry of prescribed period of probation the appointing authority shall
issue an order declaring the probationer to have completed the probation
satisfactorily and the probationer shall be treated to have been confirmed. In

59
 case the appointing authority may not issue formal orders within 90-days, the
probation shall be deemed to have satisfactorily completed on the expiry of
probation.
In case the appointing authority does not consider the probationer suitable
for such membership, it shall by order discharge him from the service.
12.03.2011
Q. Can a probationer file an appeal against the orders of discharge from
service even when it is not recognized penalty?
Ans. Even though the discharge from probation is not recognized penalty, the
probationers have the right to file an appeal against such order to the next higher
authority on the following occasions:
1. When a probationer is discharged from service for want of a vacancy for him
(Rule 22(2) and 21(1)(a).
2. When a probationer is discharged at the discretion of the appointing authority
without assigning any reason thereof. (Rule- 22)
3. When the appointing authority at the expiry of probation period does not
consider suitable and discharge from service (Rule 22)
In case the appeal is accepted by the competent authority and the
probation is restored to service, the period on and from the date of discharge to
the date of such restoration is treated on duty for all purposes except for purpose
of probation. The period of probation undergone by such probationer at the time
of discharge shall however count towards the period of probation applicable to
him under rules. The pay and allowances to such probationer during the
intervening period shall be paid under rules.

12.03.2011
SENIORITY

Q. What are the basic cardinal principles of seniority?

Ans. The seniority is determined by the Date of first appointment to a service,
class, category or grade. The seniority of two or more persons appointed to the

60
same service, class, category or grade simultaneously will notwithstanding the
fact that they may assume the duties of their appointment on different dates by
reason of being posted to different locations is determined;
1. In the case of promoted by their relative seniority in lower grade.
2. In the case of direct recruited by their position attained in order or merit.
3. As between those promoted and recruited direct, by the order in which
appointments have to be allocated for promotion and direct recruitment as
provided in rules.
4. Where a member of any service, is reduced to a lower class, category or
grade, such member shall be placed at the top of the lower class, category or
grade unless the authority ordering such reduction directs to place below a
specific person.

17.03.2011
PROMOTION

Q. What is the procedure for grant of promotion to an employee?

Ans. All promotions to an employee are made by the appointing authority.
Promotion to a selection category is made on grounds of merit and ability and
seniority is considered where these two things are approximately equal.
All other promotions are made in accordance with the seniority subject to
passing of any test/ examination, unless;
1. The promotion of a member has been withheld as a measure of penalty.

61
2. A member is given special promotion for conspicuous merit and ability.
Where it is necessary in the public interest owing to an emergency to fill up
a vacancy immediately without fulfilling the formal requirements, the appointing
authority can promote a person otherwise than in accordance with rules for a
period not exceeding 3-months on each occasion.

18.03.2011
PUNISHMENT
Q. Define the penalties that are to be imposed upon member of a service?
Ans. The following penalties for good and sufficient reasons can be imposed
upon members of a service.
1. Censure.
2. Fine not exceeding one months pay.
3. Withholding of increment and or promotion.
4. Reduction to a lower post and or a lower time scale and/ or a
lower stage of time scale.
5. Recovery from pay of the whole or part of any pecuniary loss
caused to Govt. by negligence or breach of orders.
6. Premature retirement on proportionate pension, other than
specified in rule 226(2) of J&K CSR.
7. Removal from the service of State which does not disqualify
for future employment.
8. Dismissal from the service of the State which ordinarily
disqualifies from future employment.

62
 19.03.2011
Q. Under what circumstances a Govt. servant can be placed under
suspension?
Ans. The Appointing authority or any other authority empowered by the Govt.
can place a Govt. servant under suspension, where;

SUSPENSION

1. An enquiry into the conduct is contemplated or pending, or

2. A compliant against him of any criminal offence is under
investigation or trial, or
3. If detained in custody for more than 48 hours.

Q. Under what conditions a Govt. servant can be deemed to have been placed
under suspension?
Ans. The Govt. servant can be deemed to have been placed under suspension by
appropriate authority, if;
1. Detained in custody whether on criminal charge of otherwise for
more than 48 hours.
2. Penalty of dismissal or removal from service imposed is set aside in
appeal or on revision and the case is referred for further enquiry or
action, the official shall be treated to have continued on suspension

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 from the date of original orders of dismissal till further orders are
passed.
3. Penalty of dismissal or removal is set aside by Court of law and the
competent authority on consideration of circumstances of the case
decides to hold further enquiry on the allegations on which penalty
was imposed.
4. In the case of deemed suspension, the suspension will take effect
automatically even without having a formal order. However, it is
desirable for administrative record to issue a formal order or
suspension.
20.03.2011
Q. Specify the authorities competent to impose penalties as per rule 30 of
CCA?
Ans. The Govt. can impose any of the penalties as specified in rule-30 of CCA
rules on any member of a service. The Govt. can delegate powers to any
subordinate authority to impose any of the penalties except removal & dismissal
of Gazetted officer.
The Head of the Department is competent to censure and withhold
increments upto the rank of District Officers. The appointing authority is
competent to impose any penalty of Rule-30 except compulsory retirement.
The orders of dismissal, removal or reduction in rank to lower post and or
lower time scale, to lower stage of a time scale shall not be issued unless the
concerned has been informed in writing of the grounds on which such action has
been proposed. The concerned employee will put a written statement in his
defense within a reasonable time alongwith evidence to reduce the definite
charges. If concerned employee desires to be heard in person, or authority so
directs, an oral enquiry shall be held in respect of such allegation not admitted.
This provision however, does not apply in case of probationer terminated for any
specific port or un-suitability for the service.
The competent authority can enquire into the charges itself or if it
considers necessary appoint an enquiry officer for the purpose.

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 21.03.2011
Q. Is it permissible to inform a Govt. servant about the proposed
penalties as per rule 30 of CCA?
Ans. When the competent authority has arrived at a provisional conclusion to
impose penalty of dismissal, removal or reduction in rank, the Govt. servant shall
be supplied the copy of proceedings excluding the recommendations to show
cause as to why penalties are not imposed. An adequate opportunity should be
given also to make a representation with regard to Censure, Fine not exceeding
one months pay, Withholding of increments and promotions, Recovery from pay.
The representation should be considered before passing of any penalty.
Q. What are the rules of making an appeal?
Ans. Every member of a service is entitled to appeal against an order passed by

an authority imposing upon him any of the penalties as specified in rule-30 of

CCA rules to the next authority as indicated herein;

1. To Minister In-charge if appeal is from a member of Gazetted service

against an order passed by subordinate authority.

2. To General Administration Department, if orders passed by Minister

In-charge.

3. In the case of members of other services, the appeals shall lie;

a) Next authority in case the orders issued by a subordinate officer.

b) Minister In-charge if orders issued by Head of Department.

c) Govt. if orders issued by Minister In-charge.

4. No appeal shall be made to an order passed by Government.

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 Q. What are the time limit and other formalities for submission of

appeal?

Ans. The time limit and other formalities for submission of appeal has

been prescribed by the Govt. An appeal;

i) Shall be preferred within 90-days (the period spent in obtaining the

attested copy of the order appealed against is not accounted for

provided the application for the supply of the copy is submitted

within 90-days)

ii) Every person preferring an appeal shall do so separately and in his

own name.

iii) Shall contain all material statements and arguments without using

disrespectful or improper language.

iv) Shall be submitted through proper channel.

v) Submitted directly should be filed.

vi) Every appeal shall be accompanied by a stamp paper of the value

prescribed in Stamp Act and also by an attested copy of orders

appealed against.

vii) Every appeal received shall be forwarded within a period of 60-days

to the appellate authority.

$$$$$$$$$$

…….End of Paper IST....

Dedicated by:
MR. R. K. KOUL

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 Former Deputy Director, Finance Department.

Drafted by;
IRFAN MAHMOOD
Jr. Assistant (H&ME) Department.
Civil Secretariat, J&K.
Dated: 10-04-2011 Place: Jammu.

Organized By:
IMPA-J&K Institute of
Management,
Public Administration & Rural
Development
Vikas Bhawan, Railhead
Complex, Jammu.

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