Code of Conduct & Code of

Ethics for Public Servants

Dr Awdhesh Singh, IRS (Retd.)
Director, Awdhesh Academy,
Former Commissioner, Customs & Indirect Taxes (Central Excise/GST)
‘Code of Ethics’ and ‘Code of Conduct’
• Code of Ethics and Code of Conduct are the standards that a group
must adhere to, so as to remain the member of the organisation.
• Code of ethics
• Set of principles which influence the judgement
• Describes the core values of the organisation that guides decision-making.
• Include foundational values like integrity, political neutrality, and impartiality
• Code of conduct
• Set of guidelines that influence employee’s actions.
• All the members must adhere to these codes,
• Violation of these codes may invite disciplinary action
Ethical Standards Prescribed
by Nolan Committee
Committee on Standards in Public Life
• Nolan Committee was an independent advisory non-departmental
public body to the Government of United Kingdom established in
October 1994 by the Prime Minister, John Major.
• This was in response to concerns that conduct by some politicians
was unethical.
The terms of reference
• To examine current concerns about standards of conduct of all
holders of public office, including arrangements relating to financial
and commercial activities, and make recommendations as to any
changes in present arrangements which might be required to ensure
the highest standards of propriety in public life.
• The term "public office" was defined to include ministers, civil
servants and advisers and MPs.
The Nolan principles
• The Committee's First Report in 1995 established ‘The Seven
Principles of Public Life’,
• These principles are also known as “Nolan principles".
1: Selflessness
• The holder of public offices (Public servants) should act solely in
terms of the public interest.
• They should not do so to gain financial or other benefits for
themselves, their family or their friends.
2: Integrity
• Public servants should not place themselves under any financial or
other obligation to outside individuals or organizations that might
seek to influence them in the performance of their official duties.
3: Objectivity
• Public servants should make choices on merit and facts not on
personal judgements while carrying out public business, including
making public appointments, awarding contracts, or recommending
individuals for rewards and benefits,
4: Accountability
• Public servants should be accountable for their decisions and actions
to the public and must submit themselves to whatever scrutiny is
appropriate to their office.
5: Openness
• Public servants should be as open as possible about all the decisions
and actions they take.
• They should give reasons for their decisions and restrict information
only when the wider public interest clearly demands.
6: Honesty
• Public servants have a duty to declare any private interests relating to
their public duties and to take steps to resolve any conflicts arising in
a way that protects the public interest.
7: Leadership
• Public servants should promote and support these principles by
leadership and example.
Who Constituted the Nolan Committee?

A. Government of India
B. Government of UK
C. Government of USA
D. None of the above
The term ‘Openness’ used by Nolan Committee
means
A. Transparency
B. Accountability
C. Frankness
D. None of the above.
Conduct Rules for Civil
Servants
IAS officer Kannan Gopinath Resigns
IAS officer Shah Faisal resigns
Jharkhand: IAS officer packed off after his dirty
dancing in film goes viral
NRI businessman claims he gifted Rs 10 lakhs
name suit to PM Modi
Conduct Rules
• The Central Civil Services (Conduct) Rules, 1964
• All civil employees including those in defence except Railways, AIS, Public
corporations/ undertakings, Autonomous bodies
• The All India Services (Conduct) Rules, 1968
• The Railway Services (Conduct) Rules, 1966
AUTHORITY - Article 309 of the Constitution
• Recruitment and conditions of service of persons serving the Union or
a State
• “Subject to the provisions of this Constitution, Acts of the appropriate
Legislature may regulate the recruitment, and conditions of service of
persons appointed, to public services and posts in connection with the
affairs of the Union or of any State”
General
• Maintain at all times--
(i) absolute integrity;
(ii) devotion to duty; and
(iii) do nothing which is unbecoming of a Government employee
• Be Impartial while discharging duties.
• Maintain Political neutrality
• Perform your duties using BEST JUDGEMENT except when acting on
the orders of superior officer
• Orders of Superior officers should be writing. If orders are oral, it
should be converted to writing as soon as possible.
General (Contd.)
• Promptness and Courtesy
• Be courteous & polite to public/public representatives
• No willful delays and maintain decency/ decorum at workplace
• Provide information to citizens under RTI Act, 2005
• Act in accordance with Govt. policies and rules
• No indulgence in any act of sexual harassment/ abuse of any women at the
work place.
Employment of Near Relatives in
companies/firms
• Don’t use your influence to secure employment to your kith and kin
• Inform the government, if your family member takes an appointment
in a company having official dealing with you
• Don’t award contract to a company/person if any member of your
family is employed there
Taking part in Politics and Elections
• Don’t become a member of a political party or take part in any
political activity
• Don’t canvass or use influence or take part in an election to any
legislature or local authority
Demonstrations & Strikes
• Do not engage or participate in any demonstration which is
• prejudicial to the interests of the sovereignty and integrity of India,
• the security of the state,
• friendly relations with foreign States,
• public order, decency or morality, or
• which involves contempt of court, defamation or incitement to an offence
Connection with Press and Media
• Don’t own or conduct or participate in the editing or management of, any
newspaper or other periodical publication or electronic media, except in
the bonafide discharge of his official duties
• When publishing a book or participating in a public media, make clear that
the views expressed are your own and not of government
Criticism of the Government
• Don’t criticize the policies of government at any forum
• Don’t make a statement that can be embarrassing for Central-State
relation or to a foreign state
• You can only express your view in your official capacity or in the due
performance of the duties
Gifts
• Don’t accept or permit any member of your family to accept any gift
with a person with whom you have an official dealing .
• All India Service (IAS, IPS, IFS) officers/Group A officers of Central
Government (IFS, IRS etc.) may accept gifts
• from his near relatives or from his personal friends having no official dealings
with them, on occasions such as wedding, anniversaries upto Rs 25,000, but
report to Government if the value of such gift exceeds this.
• From other person with official dealing, the gifts permitted is Rs 5,000.
• Don’t accept lavish or frequent hospitality from any person having an
official dealings with you.
Public demonstrations in honour of Govt. Employee
• Don’t receive any complimentary or valedictory address held in your
honour; or in the honour of any other Government servant without prior
permission of government
• Exceptions : Functions on occasion of retirement, transfer or resignation
Private trade or Employment
• Without the sanction of government, don’t
• Engage directly or indirectly in any trade or business, or
• Negotiate for, or undertake, any other employment, or
• Hold an elective office or canvass for a candidate or candidates for an
elective office in any body,
• Canvass in support of any business of insurance agency, commission agency,
etc., owned or managed by any member of his family
• Exceptions
• Undertake honorary work of a social/ charitable/ literary/ artistic/ scientific
character
• Participate in sports activities as an amateur, or
• Take part in the registration, promotion or management of a literary, scientific or
charitable society/ co-operative society whose activities are bonafide
Private trade or Employment (Contd.)
• Report to the Government if any member of family is engaged in a
trade or business or owns or manages an insurance agency or
commission agency.
• Don’t accept any fee for any work done by you for any private or
public body or any private person without the sanction of the
prescribed authority
Investments, Lending & Borrowing
• Don’t speculate in any stock, share or other investment
• Don’t make, or permit any member of his family to make any
investment which is likely to embarrass or influence you in the
discharge of your official duties
Movable & Immovable Property
• Report acquisition or disposal of immovable/movable property
(beyond a specified value=two months of basic pay) within one
month
• Obtain previous sanction if any such transaction is with a person
having official dealings with you
• Submit the details of movable/immovable property held at the time
of joining the service
• File Annual Property Return (APR) every year by 31st January
Disciplinary Proceedings for violation of
Conduct Rules
• The violation of Conduct Rules may invite disciplinary action against
the officer.
• The violation usually does not amount of corruption or criminal
misconduct and the department itself proceed against the officer for
violation of the conduct rules.
• The officer not following the conduct rule can be charge-sheeted by
the department after conducting the due enquiry.
• Thereafter, he may be given minor or major penalties that can be in
the form or warning or it can even lead to the dismissal of the
government officer from service.
RS demotes deputy director for sharing
offensive posts against PM
• In a first, Urujul Hasan, a deputy director of Parliament Security Service has been
demoted for sharing "offensive, derogatory, demeaning and sarcastic" posts
against PM Narendra Modi, some Union ministers and chief ministers on social
media.
• He was demoted from deputy director (security) to security officer - a lower rank
- for a period of five years.
• Government said the officer had violated rules of conduct and failed to maintain
"political neutrality”.
• Central Civil Services (Conduct) Rules bar employees from indulging in any activity
that is considered "unbecoming of a government servant" besides prohibiting any
involvement in political activities.
• "This penalty means the official will lose nearly 15 years of his overall seniority in
real terms.
Code of Conduct for
Ministers
Code of Conduct of the ministers
• The Government of India, Ministers of Home Affairs has issued a Code
of Conduct of the ministers at central as well as state governments.
1. Business and Interest
• Inform the PM or CM: Declare assets, liabilities and business interests
of self and family
• Dissociate with the conduct and management of a business owned.
Ownership can be retained
• Give up interest and management of a business
• Which supplies goods and services to government
• Depends on licenses, permits, quota, lease et. From government
2: Prohibition
After taking office, and so long as he remains in office, the Minister shall: -
• furnish annual declaration regarding his assets and liabilities to PM/CM
• refrain from buying from or selling to the Government any immovable
property
• refrain from starting, or joining, any business;
• ensure that the family members do not deal with businesses dependent
primarily on grant of licenses, permits, quotas, leases, etc.,
• Report to PM/CM, if any member of his family sets up, or joins a business.
3: Restriction on Family Members
• Don’t personally, or through a member of his family, accept
contribution for any purpose
• Don’t associate with the raising of funds except for the benefit of
1. a registered society, or a charitable body, or an institution recognised by a
public authority; and
2. a political party
4: Restrictions on Accepting Gifts and Awards
• A Minister or his family members should not accept valuable gifts
except from close relatives,
• A Minister may receive gifts when he goes abroad or from foreign
dignitaries in India. Such gifts fall into two categories.
• Symbolic, like a sword of honour, ceremonial robes etc. and which can be
retained by the recipients.
• Others can be retained by the Minister, if its value is less than Rs.5,000/-
• If more than Rs 5000, it shall be deposited with Toshakhana
• Minister can buy such gifts, if it exceeds Rs.5,000/- by paying the
difference
5. Conduct on Foreign Tours

• A Minister should while on official tour, as far as practicable stay in

accommodation belonging to himself or maintained by Government,
Government undertakings, public bodies or institutions or in
recognised hotels; and
• Avoid attending, as far as possible, ostentatious or lavish parties given
in his honour.
6. Authority for Enforcement of Code of
Conduct
• Prime Minister in the case of Union Ministers,
• Prime Minister and the Union Home Minister in the case of Chief
Ministers,
• Chief Minister concerned in the case of State Ministers.