President of Pakistan promulgated Government Servants (conduct) Rules 1964 through notification no SRO 405(k)/64 dated 1-5-1964 to regulate the conduct of government servants. President was empowered under Article 178 and 179 of the constitution of 1962 to make such rules. Interesting, these rules repealed all earlier rules regarding the conduct of civil servants. Any civil servant who violates these rules may be punished for misconduct under the Government Servants (Efficiency and Discipline) Rules 1973. So many cases came before courts in which government servants were punished under the provision of these rules, courts uphold these rules and validated most of actions taken under these rules. However, so much time has been passed since the inception of these rules and a high level review is required to intune these rules in accordance with the realities of time. In the following line these rules are being discussed along with necessary legal comments and case laws.
For better understanding, it would be pertinent to take a view of these rules one by one. Rule 5 forbid government servants from accepting gift from people if such acceptance may put them under official obligation to such donors. However, Government officers are fully allowed to accept gift from anybody else if it is not putting him under official obligation. The gift may be used as bribe to seek undue benefits. Therefore, Government officers are not allowed to accept gift from people who live within their direct jurisdiction and with whom they are directly dealing through their offices. This rule is made to minimize this form of corruption and in our time it is widely practiced form of bribe.
Government needs to sensitize its employees to be careful in this regard because it lead to partiality and miscarriage of justice. If the offer of a gift cannot be refused without giving undue offence it may be accepted and delivered to Government for decision as to its disposal. If any question arises whether receipt of a gift places a Government servant under any form of official obligation to the donor, the decision of Government thereon shall be final. If any gift is offered by the head of representative of a foreign State, the Government servant concerned should attempt to avoid acceptance of such a gift, if he can do so without giving offence. If however, he cannot do so he shall accept the gifts and shall report its receipt to Government for orders as to its disposal
A Government servant may accept gifts offered abroad or within Pakistan by institutions or official dignitaries of Foreign Government of comparable or higher level. However the government servants are prohibited from taking gifts from diplomats consular and other foreign government representative or their employees who are stationed in Pakistan. This clause is entered to ensure security of Pakistan otherwise embassies and other agencies are always anxious to get information on all costs. In exceptional cases he may accept gift but is bound to deposit it immediately in Toshakhana.
However, under rule 8, a medical officer may accept any gift of moderate value offered in good faith by any person or body of person in recognition of his professional services.
Under rule 6, No Government servants shall, except with the approval of the Government, accept a foreign award, title or decoration. For the purposes of this rule, the expression 'approval of the Government' means prior approval in ordinary cases and post facto approval in special cases where sufficient time is not available for obtaining prior approval.
Under rule 7, no Government servant shall encourage meetings to be held in his honour or presentation of addresses of which the main purpose is to raise him. Under rule 9 No Government servant, shall, except with the previous sanction of Government, ask for or accept or in any way participate in the raising of any subscription or other pecuniary assistance in pursuance of an object what so over. There is no confusion that such activities are prohibited in the interest of discipline and good governance. Civil service is much above than the petty personality projections. Impersonality is the trait of bureaucracy.
Under rule 10 No Government Servant shall lend money to or borrow money from, or place himself under any pecuniary obligation to, any person within the local limits of his authority or any person with whom he has any official dealings.Provided that a Government servant may deal in the ordinary course of business with a Joint Stock Company, bank or a firm of standing or the House Building Finance Corporation. And he may accept a purely temporary loan of small amount, free of interest, from a personal friend or the operation of a credit account with a bona fide tradesman. When a Government servant is appointed or transferred to a post of such a nature that a person from whom he has borrowed money or to whom he has otherwise placed himself under a pecuniary obligation will be subject to his official authority, or will reside, possess immovable property, or carry on business within the local limits of such authority, the Government servant shall forthwith declare the circumstances, when he is a Gazetted Officer, to Government through the usual channel, and where he is non-Gazetted Government servant, to the head of his office This rule, in so far as it may be construed to relate to loans given to or taken from Co-operative Societies registered under the Cooperative Societies Act, or under any law for the time being in force relating to the registration of Co-operative Societies, by the Government servants shall be subject to any general or special restrictions or relaxations made or permitted by Government.
Under rule 11, A Government servant, who intends to purchase, sell or dispose by other means any movable or immovable property exceeding Rs.100,000 in value shall do so after obtaining permission of Government. An application for permission under sub-rule (1) shall state fully the circumstances, the price offered or demanded and, in the case of disposal otherwise than by sale, the method of disposal. All transactions relating to purchase sale or disposal of property referred to in sub-rule (1) with a person who is an official subordinate of the Government servant shall be reported to the next higher authority. In this rule, the term 'property' includes Agricultural or urban land, bonds, shares and securities but does not include a plot purchased for building a house from a co-operative housing society or a Government housing scheme.
In my view, this rule contradicts with the right to property which is given to ever citizen of Pakistan. The details which a government servant is supposed to provide are unnecessary and cumbersome. If government want to continue with this requirement it must humanise it. Rather than seeking permission the intimation is enough. Under article 23, every citizen shall have the right to acquire, hold and dispose of property in any part of Pakistan, subject to the Constitution and any reasonable restrictions imposed by law in the public interest. The Sindh high court held in Haji JALEES AHMAD Vs THE STATE case “Purchase of plot and construction of building by employee without permission from department--Accused employee of Land Department of Karachi Municipal Corporation--Only evidence against him that of an official of Land Department who deposed that there was nothing on record to show that accused had obtained any permission for purchase of plot and for construction of building- over it--No other witness from any other department produced by prosecution to prove allegation--Even no question was put to accused official in 342, Cr.P.C. statement--Question of applicability of rule 11(a) of Government Servants Conduct Rules 1964, held, would not arise in circumstances”.
Under rule 11A, No Government servant shall construct a building, whether intended to be used for residential or commercial purposes except with the previous sanction of Government obtained upon an application made in this behalf disclosing the source from which the cost of such construction shall be met.
Rule 12 enjoins that Every Government servant shall, at the time of entering Government service, make a declaration to Government of all immovable and movable properties including shares, certificates, securities, insurance policies, cash jewellery having a total value of Rs. 50,000 or more belonging to or held by him or by a member of his family individually or collectively and such declaration shall state the district within which the property is situated and show separately individual items of jewellery exceeding Rs50000 in value, and give such further information as Government may require. Every Government servant shall submit to Government an annual return of assets in the month of December showing any increase or decrease of property as shown in the declaration under sub-rule (1) or as the case may be, the last annual return.
Under rule 13 A Government servant shall, as and when he is so required by Government,furnish information as to his assets disclosing liquid assets and all other properties, immovable and movable, including shares, certificates, insurance policies, cash, jewellery.
Under rule 14, No Government servant shall speculate in investments. The habitual purchase and sale of securities of notoriously fluctuating value shall be deemed to be speculation in investments. No Government servant shall make, or permit any member of his family to make, any investment likely to embarrass or influence him in the discharge of his official duties. No Government servant shall make any investment the value of which is likely to be affected by some event of which information is available to him as a Government servant and is not equally available to the general public.
Under rule 15, No Government servant shall except with the previous sanction of Government, take part in promotion, registration or management of any bank or company:
Provided that a Government servant may, subject to the provisions of any general or special order of Government, take part in the promotion, registration or management of a Co-operative Society registered under the Co-operative Societies Act, or under any similar law.
Provided that a Government servant may, subject to the provisions of any general or special order of Government, take part in the promotion, registration or management of a Co-operative Society registered under the Co-operative Societies Act, or under any similar law.
Under rule 16 No Government servant shall, except with the previous sanction of Government, engage in any trade or undertake, any employment or work, other than his official duties.
Provided that he may without such sanction, undertake honorary work of religious, social or charitable nature or occasional work of a literary or artistic character, subject to the condition that his official duties do not thereby suffer and that the occupation or undertaking does not conflict or is not inconsistent with his position or obligation as a Government servant; but he shall not undertake or shall discontinue such work if so directed by Government. A Government servant who has any doubt; about the propriety of undertaking any particular work should refer the matter for the orders of Government.
In my view, given the meagre salary packages in government sector, it is highly unjust to do nothing and live within the given salary. There must be complete freedom to do side business or side job after office hours. It also conflict with provisions of constitution which give freedom to earn livelihood. In this way people who want earn plenty of Rizk halal will be free to do side business and jobs.
However, In a case titled MANAGING DIRECTOR, NBF Vs MUHAMMAD ARIF RAJA[1] Supreme Court held Government servant while in service could not engage himself in private business. Running of such a business without permission would be misconduct in terms of Government Servants (Conduct) Rules, 1964.
Rule 16A deals with Subletting of residential accommodation allotted by Government.No Government servant shall sublet residential accommodation of any portion thereof let to him by Government. Under rule 16B No Government servant shall live beyond his means or indulge in ostentation on occasions of marriage or other ceremonies.
In this context, there is interesting case. MR. Khan joined service as Income Tax Officer (B-17) in the year 1979 through competitive examination. Subsequently, he was promoted to B-18 and then to B-1!9 as Inspecting Additional Commissioner on the basis of good record. He was never accused of corruption or malfeasance. In BPS 19 things were not so smooth, The first charge-sheet was issued to him on 10-5-1997, second on 22-5-1997, third on 25-6-1997 and fourth on 10-10-1997. Time and again it was alleged that he is guilty of living beyond ostensible means. After examining all the facts and material evidence the accused officer was found guilty of misconduct in violation of Rule 16(b) of the Government Servants (Conduct) Rules, 1964 to the extent that he indulged in ostentation of ceremonies etc. Inquiry officer declared “the charge is proved.” The major penalty of compulsory retirement from service was imposed on him by Notification-dated 23-1-1998. The accused explained his position to Service Tribunal. Though, FST agreed to his explanation and spared his job but with unexplainable advice. FST advised that the punishment of compulsory retirement in his case is severe and it would be ideal of the appellant had sought retirement after his marriage with film star. Accused" He explained “My wife is a national celebrity. By virtue of her aged (sic) long profession as a super star of Pakistan Film Industry since 1974, she enjoys ceremoniously a repute of public applause and official recognition both at home and abroad. Being wedded to her since 1981, even during the training of my this service career, and father of three kids out of this wedlock it constitutes a family. Hence I cannot be kept away of her National and International privileges and prerogatives; whether it is Prime Minister's House official celebrations in the country or a ceremonial National gathering at British Parliament arranged by his Lordship Lord Aric Ave Burry Chairman Human Rights Commission of British Parliament or a dinner at Royal Palace at Jeddah during the performance of Hajj or an official participation at Kings Palace Bahrain, on the occasion of Bahrain National Day the kids and husband had also to join. To marry a ceremoniously celebrated affluent lady is neither a sin nor a crime. This charge is absolutely vague. One fails to understand that how my simple and modest living has been misunderstood as ostentatious. rightly asked “either to marry a ceremoniously celebrated affluent lady is a sin or a crime. [2]
It may seem to some of independent thinking lawyers a gross violation of law and miscarriage of justice but it is true, such is the application of these rules most of time. However, Civil servants frequently violate these rules and rare asked to comply strictly in accordance with these rules. Most of rules really meant to keep civil servants within discipline. However, some rules seem to be in direct contradiction with fundamental rights- as enunciated in chapter1 of part of constitution of 1973 -and some leads to unnecessary burden of taking sanction even to do very ordinary things like constitution of house
Rule 17 enjoin that A Government servant shall avoid habitual indebtedness. If a Government servant is adjudged or declared insolvent or if the whole of that portion of his salary which is liable to attachment is frequently attached for debt has been continuously so attached for a period of two years, or is attached for a sum which, in ordinary circumstances, he cannot repay within a period of two years, he shall be presumed to have contravened this rule unless he proves that the insolvency or indebtedness is the result of circumstances which, with the exercise of ordinary diligence, he could not have foreseen or over which he had no control and has not proceeded from extravagant or dissipated habits. A Government servant who applies to be or is adjudged or declared insolvent shall forthwith report his insolvency to the Head of the office or Department or to the Secretary of the Administrative Department, as the case may be, in which he is employed.
Rule 18 forbids unauthorized communication of official documents or information. 'No Government servant shall communicate directly and indirectly any official information or the contents of any official document to a Government servant not authorized to receive it, or to a non-official person, or to the Press.
Under rule19 No Government servant shall, directly or indirectly approach any Member of the National Assembly or a Provincial Assembly or any other non-official person to intervene on his behalf in any matter.
Under rule 20 No Government servant shall, except with the previous sanction of Government own wholly or in .part or conduct or participate in the editing or management of any newspaper or other periodical publication.
Under rule 21 No Government servant shall except with the previous sanction of Government or any other authority empowered by it in this behalf, or in the bona fide discharge of his duties, participate in a radio broadcast or television programmes, or contribute any article or write any letter either anonymously or in his own name or in any other name, to any newspaper or periodical; the security of Pakistan or friendly relations with foreign States, or to offend public order, decency or morality or to amount to contempt of Court, defamation or incitement to an offence. Provided that such sanction shall generally be granted if such broadcast, television programme, contribution or letter is not, or may not be considered likely to jeopardize the integrity of the Government servant, the security of Pakistan or friendly relations with Foreign States or to offend public order, decency or morality or to amount to contempt of Court, defamation or incitement to an offence. No such sanction shall be required if such broadcast, television programme, contribution or letter is purely literary, artistic or scientific character or, in respect of member of the teaching profession, relates to his specialized discipline.
Under rule 22, No Government servant shall, in any document published, or in any public utterance or radio broadcast delivered, or in any television programme attended by him, make any statement of fact or opinion or act in a manner which is capable of embarrassing the Central or any Provincial Government.Technical staff (both former Gazetted and Non-Gazetted) may publish research papers on technical subjects, if such papers do not express views on political issues or on Government Policy and do not include any information of a classified nature. Members of the teaching profession (Former Gazetted and Non-Gazetted) may publish such articles, papers, letters, books and research material on the subjects related to their specialized discipline as do not offend against the provisions of these rules.
Under the rule 23, No Government servant shall give evidence before a public committee except with the previous sanction of Government. No Government servant giving such evidence shall criticize the policy or decisions of the Central or any Provincial Government. This rule shall not apply to evidence given before Statutory Committees which have power to compel attendance and the giving of answers, nor to evidence given in judicial inquiries.
Under the rule 24, No Government servant shall take part in, subscribe in aid of or assist in any way any political movement in Pakistan or relating to the affairs of Pakistan. No Government servant shall permit any person dependent on him for maintenance or under his care or control to take part in, or in any way assist, any movement or directly to be, subversive of Government as by law established in Pakistan. No Government servant shall canvass or otherwise interfere or use his influence in connection with or take part in any election to a legislative body, whether in Pakistan or elsewhere.Provided that a Government servant who is qualified to vote at such election may exercise his right to vote; but if he does so, he shall give no indication of the manner in which he proposes to vote or has voted.No Government servant shall allow any member of his family dependent on him to indulge in any political activity, including the forming of a political association or being a member of any such association or to act in the manner in which the Government servant himself is prohibited to act under sub-rule (3). A Government servant who issues an address to electors or in any other manner publicly announces himself or allows himself to be publicly announced as a candidate or prospective candidate for election to a legislative body shall be deemed for the purpose of sub-rule (3) to have taken part in an election to such body.The provisions of sub-rules (3) and (5) shall, so far as may, apply to elections to local authorities or bodies, save in respect of Government servants required or permitted by or under any law or order of Government, for the time being in force, to be candidates at such election. If any question arises whether any movement or activity falls within the scope of this rule, the decision of Government thereon shall be final.
In a cases cited as Mirza Muhammad Hanif Vs Central Board Of Revenues, federal service tribunal held that Misconduct on part of civil servant, viz. his participation in election while still in service, having been proved by resort to Election Commission which supplied information as to candidature of civil servant, fresh inquiry against him was justified and action taken against him was also justifiable on record‑‑Dismissal of civil servant was thus sustained[3].
Under rules 25, No Government servant shall propagate such sectarian creeds or take part in such sectarian controversies or create feelings of discontent or displeasure amongst the Government servants in particular and amongst the people in general.
Under the rules 25A,Government servant shall not express views detrimental to the ideology or integrity of Pakistan. Under the rules 25-B, Government servants not to take part in or assist, any public demonstration against Government decision etc.No Government servant shall take part in, or in any manner assist, any public demonstration directed against a Government decision or policy or permit aby member of his family dependent on him to do so.
Under rule 26 No Government servant shall indulge in provincialism, parochialism, nepotism, favoritism, victimization, or willful abuse of office.
27. A Government servant may not have recourse to any Court or to the Press for the vindication of his public acts or character from defamatory attacks. When Government grants sanction to a Government servant to have recourse to a Court, Government will ordinarily bear the cost of the proceedings but may leave the Government servant to institute them at his own expense. In the later case, if he obtains a decision in his favour, Government may reimburse him to the extent of the whole or any part of the cost. Nothing in this rule limits or otherwise affects the right of a Government servant to vindicate his private acts or character.
Under rule 28, No Government servant shall be a member, representative or officer of any association representing or purporting to represent Government servants or any class of Government servant unless such association satisfies the following conditions, namely:-
(a) Membership of the association and its office-bearers shall be confined to a distinct class of Government servants and shall be open to all Government servants of that class.
(b) The association shall not be in any way connected with, or affiliated to, any association which does not, or any federation or association which do not satisfy condition (a) above.
(c) The association shall not be in any way connected with any political party or organization, or engage in any political activity.
(d) The association shall not:-
(i) issue or maintain any periodical publication except in accordance with any general or special order of Government, and
(ii) except with the previous sanction of Government, publish any representation on behalf of its members, whether in the Press or otherwise.
(e) The association shall' not, in respect of any election to a legislative body, or to a local authority or body, whether in Pakistan or elsewhere-
(i) pay, or contribute towards, any expenses incurred in connection with his candidature by a candidate for such election;
(ii) by any means support the candidature of any person for such election; or
(iii) undertake or assist in the legislation of electors, or the selection of a candidate for such election.
(f) The association shall not:-
(i) maintain, or contribute towards the maintenance of any member of a legislative body, or any member of a local authority or body, whether in Pakistan or elsewhere, or
(ii) pay, or contribute towards, the expenses of any trade union which has constituted a fund under section 16 of the Trade Unions Act, 1926 (XVI of 1926); provided that this sub-clause will not apply to Unions of the non-Gazetted staff on Pakistan Railways for which separate rules already exists on the subject.
Under rule 29, No Government servant shall bring or attempt to bring political or other outside influence, directly or indirectly, to bear on Government or any Government servant in support of any claim arising in connection with his employment as such.
Under rule 30, No Government servant shall approach, directly or indirectly, a foreign Mission in Pakistan or any foreign aid-giving agency in Pakistan or abroad to secure for himself invitations to visit a foreign country or to elicit offers training facilities abroad.
Under rule 31, Government may, by general or special order delegate to any officer or authority subordinate to it all or any of its powers under these rules and may, by such order, prescribe the channel through which reports shall be made to Government and the officers receipt by whom of such reports shall be regarded as receipts of the reports by Government within the meaning of theses rules.
