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Implementation of Supreme Court’s judgement in the matter of All India Service (Conduct) Rules

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Implementation of Supreme Court’s judgement in the matter of All India Service (Conduct) Rules

F.No. 41017/2/2015-Estt.A
Government of India
Ministry of Personnel, PG & Pensions
Department of Personnel & Training
Establishment A-III Desk

North Block New Delhi.
Dated: 9th March, 2015

OFFICE MEMORANDUM

Subject: Implementation of Supreme Court’s judgement dated 31.10.2013 in WP(Civil) No. 82/2011 in the matter of Shri T.S.R.Subramanian & Others vs. UOI & Others — Parliament Assurance in Rajya Sabha Unstarred Q. No.988, answered on 17.07.2014, on ‘Amendment in Rule 3(3) of All India Service (Conduct) Rules’ — regarding.

The undersigned is directed to state that in reply to part (b) of the above Rajya Sabha Unstarred Q. No. 988 for 17/07/2014, the Parliament was, inter-alia, informed that ‘the directions of the Hon’ble Supreme Court in the PIL filed by Shri T.S.R. Subramanian and others were brought to the notice of the various Ministries / Departments who are the Cadre Controlling Authorities of the Central Civil Services for compliance’. This part of the reply has been treated as an Assurance.

2. It may please be recalled that, following the Supreme Court’s judgement dated 31.10.2013 in WP(Civil) No. 82/2011, the Ministries / Departments were requested to take steps for implementation of the judgement. In view of the above Parliament Assurance, all Ministries / Departments are requested to please send a line in confirmation of the implementation of the above judgement in respect of the Cadre(s) under their administrative control by 20.03.2015 so that the Assurance can be fulfilled. The Cadre(s) under the administrative control may also please be indicated for records.

3. The Ministries / Departments, which are not Cadre Controlling Authorities for any cadre, may also kindly send a communication in this regard for the records of this Department.

sd/-
(Raju Saraswat)
Under Secretary

Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/41017_2_2015-Estt.A-09032015.pdf]

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  1. So far so good???! Why there shall be only for All India Services… Why not the Supreme Court’s Judgments delivered in Other Service Matter Cases be got implemented to one and all, and why only to the Petitioners who go for seeking Court’s intervention and get Orders in their favor.. Honorable supreme Court, in many cases,delivered Judgments that OTHER EMPLOYEES WHO ARE SIMILARLY PLACED IN THE SAME SITUATION AND NOT A PARTY TO THE COURT CASES AS PETITIONERS, SHALL ALSO BE TREATED ALIKE AND BE GIVEN SIMILAR TREATMENT AS THAT OF A PETITIONER…. BUT, NOTHING SEEMS TO HAVE COME ON RECORD ON THIS TYPE OF CASES DEALT BY THE GOI… KINDLY TREAT ALL THE OTHERS ALSO ALIKE BEING WORKING IN THE GOI/MINISTRIES AND DEPARTMENTS…. THERE MAY BE SOME UNEXPLAINABLE REASONS IN NOT GOING TO COURT, ETC……………..