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March 20, 2017 at 3:55 pm #1188
Chaman Lal ShandalGuest
If a person joins a school in pb govt education dept on 14March.He was already in punjab aided school.He took a leave on 14 th and joined the govt school.And after joining he took a leave(on 15th) from govt. school and attended the aided school on 15th . He then resigned from aided school giving notice and deposited two month salary ,because of 24 hr. notice. In this way, he worked on 14th and 15th on both the schools. Now he wants to count his aided school service with govt service. Is ther problem and how can it solved. It is a case of year 1990. Thanks.
March 20, 2017 at 6:55 pm #1192
Dr. Ashok DhamijaAdvocate
This may be a problem because a person who is in Government service, is not allowed to be in any other service at the same time. This may also mean that while joining the Government service, the person might have concealed information from the Government authorities about his service in the private school. Probably, he also might have concealed the information that he again joined the private school for one or two days, after having joined the Government service.
Generally, the Government rules prohibit any other employment, private trade etc. (you can check your own relevant rules). For example, Rule 15 of the Central Civil Services (Conduct) Rules, 1964, prohibit private trade or employment, by providing as under:
“15. PRIVATE TRADE OR EMPLOYMENT:
(1) Subject to the provisions of sub-rule (2), no Government servant shall, except with the previous sanction of the Government-
(a) engage directly or indirectly in any trade or business, or
(b) negotiate for, or undertake, any other employment, or
(c) hold an elective office, or canvass for a candidate or candidates for an elective office, in any body, whether incorporated or not, or
(d) canvass in support of any business of insurance agency, commission agency, etc., owned or managed by any member of his family, or
(e) take part except in the discharge of his official duties, in the registration, promotion or management of any bank or other company registered or required to be registered, under the Companies Act, 1956 (1 of 1956) or any other law for the time being in force, or of any co-operative society for commercial purposes.
(f) participate in or associate himself in any manner in the making of-
(i) a sponsored media (radio or television) programme; or
(ii) a media programme commissioned by Government media but produced by a private agency; or
(iii) a privately produced media programme including video magazine:
Provided that no previous permission shall be necessary in case where the Government servant participates in a programme produced or commissioned by Government media in his official capacity.
(2) A Government servant may, without the previous sanction of the Government,-
(a) undertake honorary work of a social or charitable nature, or
(b) undertake occasional work of a literary, artistic or scientific character, or
(c) participate in sports activities as an amateur, or
(d) take part in the registration, promotion or management (not involving the holding of an elective office) of a literary, scientific or charitable society or of a club or similar organisation, the aims or objects of which relate to promotion of sports, cultural or recreational activities, registered under the Societies Registration Act, 1860 (21 of 1860), or any other law for the time being in force, or
(e) take part in the registration, promotion or management (not involving the holding of elective office) of a co-operative society substantially for the benefit of Government servants, registered under the Co-operative Societies Act, 1912 (2 of 1912), or any other law for the time being in force:
Provided that –
(i) he shall discontinue taking part in such activities, if so directed by the Government; and
(ii) in a case falling under clause (d) or clause(e) of this sub-rule, his official duties shall not suffer thereby and he shall, within a period of one month of his taking part in such activity, report to the Government giving details of the nature of his participation.
(3) Every Government servant shall report to the Government if any member of his family is engaged in a trade or business or owns or manages an insurance agency or commission agency.
(4) Unless otherwise provided by general or special orders of the Government, no Government servant may accept any fee for any work done by him for any private or public body or any private person without the sanction of the prescribed authority.
EXPLANATION – The term ‘fee’ used here shall have the meaning assigned to it in Fundamental Rule 9 (6-A).”
Ultimately, it will depend on the relevant rules. It may also depend on how lenient or liberal the concerned authority will be to consider this issue when this information is revealed to the authority now after 27 years (as it relates to 1990). But, the authority may consider it as a misconduct also and may initiate a departmental action. It depends on the authority concerned, but the rule may not favour you, depending on what the exact rule is in your Government. So, please check with your concerned department.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate, holds Ph.D. in Constitutional Law, and is author of 3 law books. He is the founder of this law portal. Read more about him by clicking here. List of his articles. List of his Forum Replies. Email: email@example.com [Note: Free legal questions should be asked only at this Forum, and NOT at this email address.]
March 21, 2017 at 7:10 am #1194
Chaman Lal ShandalGuest
Office superintendent told me if I deposit 2 days salary in treasury or bank, Then prev. office will give you relieving deducting 2 days. Is it possoble.It is a case of punjab education dept.Actually I had got the speaking order to count tne aided school service, but I ignore it seeing problem. Iam retired now. Is there any way to count the service in govt service. Thanks.
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