Procedure for submission of Representations by Government Servant.

O.M.NO.GAD (OM) 9 SMR 57, dated 12th December 1957
Sub:- Procedure for submission of Representations by Government Servant.

Government is pleased to issue the following instructions in regard to submission of representations by Government Servants in respect of any matters pertaining to their service and in respect of any disciplinary matters or orders affecting their conditions of service. Provision is made for an appeal by the Government Servant under Rules 18 to 22 of the Mysore Civil Services (Classification, Control and Appeal) Rules 1957. Representations should be addressed to the authority competent to entertain the appeal and not to other authorities.
2. All representations should be concise, set out the grounds relied upon by the Government servant and clearly specify the reliefs sought. As a second representation on the same subject will not be entertained, it will be in the interest of the Government servant to set out all relevant grounds and to mention all the reliefs which has seeks, in his representations.
3. Any Government servant who has a grievance from which he seeks relief, must send in his representation in his own name. Joint representations by more than one Government servant will not be considered. This bar does not apply to representations made by recognised Service Associations in accordance with their conditions of recognitions.
4. The representations should invariable be accompanied by a copy of the order appealed against, if any.
5. The representation should be sent through the official superior of the Government servant concerned, who should forward the representation with the relevant papers and his comments, if any, without delay, to the higher authorities, except in the circumstances mentioned in para 9 below.
6. An appeal or representation should be submitted within three months of the order appealed against. An appeal or representation submitted beyond that period will only be entertained at the discretion of the Government, on Government being satisfied that there were adequate reasons for not submitting the representations within time.
7. Where Government has already passed on order on a representation, a fresh representation on the same subject will not be entertained, unless the representation on the face of it discloses new grounds not before Government when the previous order was passed and adequate reasons for not placing those grounds before Government at that time. Any such representations received will be merely recorded and no action will be taken thereon.
8. An Officer who receives the representation from a subordinate office will transmit the papers to proper authorities, with his comments and with the relevant records if any, in his possession, with the least possible delay.
9. The representation should, however, be withheld in the following cases.
(i) It is time-barred and sufficient reasons are not assigned for the delay in submitting the representation.
(ii) A copy of other order appealed against is not annexed to the representation.
(iii) A representation is debarred under paras 3 & 7.
The fact that a representation has been withheld and the reasons thereof shall be communicated to the Government servant concerned except where the representations is withheld under clause (iii) above.
10. The representation received from a Government servant should be forwarded by his immediate superior officer through the official channel. The practice sometimes adopted
of handling back the representations to the aggrieved officer himself with the remarks of the higher officer, for being taken personally to the higher authority, is not correct and should cease. All noting on representations by officers at all levels and in the Secretariat is confidential and should not be communicated to unauthorised persons.
11. The Government servant who after having made a representation does not receive an order thereon within a period of two months, shall be entitled to send copies of his representation directly with a copy of such communication to the authority through whom the representation was originally addressed. Where the advance copy received does not show that proper authorities at lower levels have been approached for securing necessary relief, no action need be taken on the representation. Where, however, the advance copy indicates that relief from the appropriate authorities at lower levels has been sought in vain, the authority who receives the representations should take prompt action to get the relevant records and pass suitable orders in the case.
12. The authority who withhold a representation shall, every three months, send a statement of representations withheld by him, to the authority to whom the representations withheld were addressed.
13. These instructions are issued in supersession of all previous rules, orders and instructions on this subject. The procedure prescribed in these instructions shall, save as otherwise provided in any rules made under the proviso to Article 309 of the Constitution of India, be applicable to all representations pending on the date of issue of these instructions.