Q Is there a general right to be given the reasons for an adverse decision against a civil servant? Explain.
Right to appeal or representation is given under section 22 of civil servant act 1973, Clause 1, where a right to prefer an appeal or apply for review in respect of any order relating to the terms and conditions of his service is provided to a civil servant under any rules applicable to him, such appeal or application shall, except as may be otherwise prescribed, be made within thirty days of the date of such order. Clause 2 enumerates, where no provision for appeal or review exists under the rules in respect of any order or class of orders, a civil servant aggrieved by any order, make representation against it to the authority next above the authority which made the order.
Appeals and representation:
For the purpose of departmental appeal, representation or petitions, and in exercise of powers conferred by section 25 of the civil servant act, 1973, Civil servant Appeal Rules 1977 have been made. The basic purpose of the rules are to provide the civil servant a proper procedure and mechanism, in order to resolve their grievances in transparent manner. Rule 3 of appeal Rules provides a civil servant a remedy to in the form of departmental appeal to the appellate authority, aggrieved by an order imposing any kind of minor or major penalty. Provided that incase of penalty imposed by president the civil servant shall have no right to appeal but he may apply for review of the order.
Civil servant’s entitlement to appeal: Such entitlement would be, when order passed by authority had altered to disadvantage of civil servant, his conditions of service, pay, allowance or pension etc to
Rule 4 provides for the entitlement of appeal by a civil servant to the appellate authority in cases where an order passed by an authority:
- Alters to his disadvantage his conditions of service, pay, allowance or pension;
- Interprets to his disadvantage the provisions of any rules whereby his conditions of service, pay allowance or pension are regulated;
- Reduces or withholds the maximum pension, including an additional pension, admissible to him under the rules governing pension;
- Terminates his employment or gives notice of such termination.
When Appeal cannot be made by a civil servant:
Provision of Rule 4 Clarifies circumstance where no right to appeal can be given to civil servant which includes:
- A person appointed by the president shall have no right to appeal but only for review.
- Appeal in matters relating to determination of fitness of a person to hold a particular post to be promoted to a higher post or grade
- No appeal shall lie against the withholding of an appeal by an authority competent to do so, Rule 7(2).
Procedure of an Appeal: Rule 5 of clause 1, Every person preferring an appeal shall do so separately and in his own name. every civil servant shall prefer an apeeal against any aggrieved order individually. Clause 2, Every appeal preferred under these rules shall contain all material statement s and arguments relied upon by the appellant, shall contain no disrespectful or improper language, and shall be complete in itself. Clause 3 provides that every appeal shall be submitted through the head of the office to which the appellant belongs or belonged, and through the authority from whose order the appeal is preferred. According to rule 7, an appeal cannot be withheld by an authority not lower than the authority from whose order it is preferred.
Time limitation:
Clause 4 of rule 5 provides that every appeal shall be submitted within a period of thirty days of the communication of the order appealed against.
Appeal to the service tribunal: rule 4 of service tribunal act 1974, Any civil servant aggrieved by an order, whether original or appellate, made by a departmental authority in respect of any terms and conditions of his service may, within 30 days of the communication of such order to him,
