Oral instructions by Superior Officers of govt servants– to be avoided

(13) Oral instructions by Superior Officers – to be avoided

That the practice adopted by the senior officials and the personal staff of the Ministers in conveying oral instruction to their subordinates has been brought to the notice of the Department of Personnel and A.R. It has further been suggested to this Department that the role of oral instruction in the transaction of business of the Government has to be defined and definite guidelines set down. The matter has been carefully examined and the Government has taken the decisions contained in the succeeding paragraphs.

2. The role of oral instructions in the transaction of business of Government has already been specified under sub-rule 2 (ii) [now sub-rule (iii) and (iv)] of Rule 3 of the CCS (Conduct) Rules, 1964, which inter alia, provides as follows :-

"No Government servant shall, in the performance of his official duties or in the exercise of powers conferred on him, act otherwise than in his best judgment except when he is acting under the direction of his official superior and shall, where he is acting under such direction, obtain the direction in writing, wherever practicable, and where it is not practicable to obtain the direction in writing, he shall obtain written confirmation of the direction as soon thereafter as possible."

3. Clarificatory instructions were issued vide this Department’s OM No. 11013/18/76-Estt.(A), dated 07.02.1977 (decision No. 12) to the effect that it is the duty of the superior official giving direction to confirm it in writing when such confirmation is sought by his subordinates. It is not open to the superior officer to refuse to confirm in writing the direction given by him orally, just as it is open to him to state immediately that no such direction was given.

4. In the light of the aforesaid provisions of the Conduct Rules, and the instructions issued thereunder, it is impressed upon all Government servants that :-

(i) Oral instructions should not, as far as possible, be issued by senior officers to their subordinates;

(ii) if the oral instructions are issued by any senior officer they should be confirmed by him in writing immediately thereafter;

(iii) if a junior officer seeks confirmation to the oral instructions given by the senior, the latter should confirm it in writing whenever such confirmation is sought.

(iv) a junior officer who has received oral orders from his superior officer should seek confirmation in writing as early as practicable;

(v) whenever a member of the personal staff of a Minister communicates an oral order on behalf of the Minister, it should be confirmed by him in writing immediately thereafter;

(vi) if a junior officer receives oral instructions from the Minister or from his personal staff and the orders are in accordance with the norms, rules, regulations or procedures, they should be brought to the notice of the Secretary or the Head of the Department, as the case may be, for information.

(vii) if a junior officer receives oral instructions from the Minister or from his personal staff and the orders are not in accordance with the norms, rules, regulations or procedures, they should seek further clear orders from the Secretary or the Head of the Department, as the case may be, about the line of action to be taken, stating clearly that the oral instructions are not in accordance with the rules, regulations, norms or procedures.

5. Since the personal staff of Minister whether belonging to organized services or otherwise are governed by the provisions of the Conduct Rules, 1964, they are also required to observe the orders outlined in the preceding paragraph.

[MHA, DP&AR OM No. 11013/12/78-Ests.(A), dated 01.08.1978]