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Prem Sharma (Self Employed)     22 February 2011

Central Govt Employee

My wife is central government employee and I am self employed person. My wife is an artist and she has written a book in the art in which she is an expert. We have gone through swamys hand book and internet regarding publishing book by an central government employee. We found the following information

 

1) https://www.referencer.in/CS_Regulations/AIS%28Conduct%29Rules1968/Print_GOI_Decisions_06.aspx?pf=true

                                                                              

 

2) Connection with press or radio- Previous sanction of the Government shall not be required when the member of the service, in the bonafide discharge of his duties or otherwise, publishes a book or contributes to or participates in a public media.

 Provided that he shall observe the provisions of rules and at all times make it clear that the views expressed, are of his own and not those of the Government.

 

Clearly if my wife wants to earn money by publishing the book then she has to get permission from the central government office in which she is working. With her jealous boss holding the office who can find number of lame reasons not to allow to publish the book, getting permission from the office is ruled out.

 

Will the following option work out. My wife will not earn money from the book but still she is the author of the book. Because she doesn’t earn money from the book she need not get permission from the office. For other reasons I (husband) don’t want to be the author of the book.  I (husband) am the publisher of the book and can earn money. That is my wife is the author but not earning money but I am publisher of the book earning money. As I am self employed I need not bother about the central government rules. Or is it advisable to put friends / relatives as publisher. In that situation does the jealous boss can take disciplinary action against my wife for publishing the book.  If we go for court who will win the case.

 

If at all there is an disciplinary action, What will be the disciplinary action against my wife.

 

With best Regards,

Sharma.



Learning

 9 Replies


(Guest)

Dear Prem ji, Be tactful.

 

See, no need to take prior permission in htis case. Simply, submit a letter in the office which brief of subject matter of the Book that the Book is going to publish and write in the last sentence "This is or information with request to convey permission, if needed. In case no corespondene reeived within a period of 30 days it will be presumed that there is NO OBECTION and NO PERMISSION REQUIRED."

 

In fact, only a letter "for information" is eough and wait 30 days for any response and go ahead for publication.

 

The condition is that, in the Book there should be no opinion or critism on Goernment working or against any other country and the subject should be on art, literture or science only.

 

YES, WHATEVER MONEY IS RECEIVED, THAT SHOULD BE INFORMED IN OFFICE FOR CLCULATION OF INCOME TAX.

 

GO AHEAD.

1 Like

Kapil (Abc)     12 April 2011

I am in the army. Post inplementation of AV Singh committee report vacancies in the rank of Colonel were released to the army by the govt to improve the promotion prospects based on the cadre strength ie officers auth to the arms and services.

Prior to release of the vacancies 25-30% of a cadre str was promoted to the rank of colonel.

After release of the vacancies the same were reappropriated from the services for the arms. Incedently the officers from services had no say in the issue as the policy makers are from arms. The result was that now 50% + officers are promoted from arms against 28% from services which is accompanied by delays in implementation of promotion due to lack of vacancies.

Is it legally correct to reappropriate vacancies released to the services by the govt to arms as stated above to benifit a select cadre?

 

Manish Gade (Economic Investigator)     01 October 2013

Sir, Myself Manish M Gade, from Mumbai, I was selected by SSC for Planning Commission GOI Mumbai Regional Office on 06-09-2004. During my service for the last 9 years I have discharged my duties to the full satisfaction of my superiors. I have become eligible for next higher grade promotion in 2009 (After 6 years of service). There are many vacancies available and I have been writing/representing thro proper channel requesting for promotion I have even offered to be transferred out station for the sake of promotion. I have sent as many as 6-8 representation over the last 2 years but have not heard any word from my office till date.. I am now planning to fight it in CAT.. please sir advise me what should I do.?
 
This is my first ever post in the blog I have not hide my identity.
 
Manish Gade
9699046573
022-27570665    

Sudhir Kumar, Advocate (Advocate)     01 October 2013

@ Mr Mani Gade.

 

You should have started your own query rather than mixing facts.

 

For what you want to move to CAT/ For enforecement of promotion without vacancy in same station?

Manish Gade (Economic Investigator)     01 October 2013

Thanks for showing concern. There is a clear vacancy in my own office from 2006 as well as other offices of my organisation located at other station where I m ready to go on transfer on promotion. I stand at the top of the seniority list. Our admin is not conducting DPC and we are suffering for it. I am regularly writing to my admin for last 2 years without any reply . Please reply Sir now what should I do?

Manish Gade (Economic Investigator)     01 October 2013

@sudhir kumar Thanks for showing concern. There is a clear vacancy in my own office from 2006 as well as other offices of my organisation located at other station where I m ready to go on transfer on promotion. I stand at the top of the seniority list. Our admin is not conducting DPC and we are suffering for it. I am regularly writing to my admin for last 2 years without any reply . Please reply Sir now what should I do?

Sudhir Kumar, Advocate (Advocate)     02 October 2013

if admin is not filling vacancy there is no lealclaim but you have administrative channel open to meet higher authorities

Manish Gade (Economic Investigator)     02 October 2013

I have already done that ..have been meeting with my adviser (my top boss sitting at HQ at new delhi) .. For the last 9 month or so they say the matter will b taken up soon.. It is already delayed .. My point is even if they grant me promotion now I m not going to get seniority from back date?? So to get promotion & that too from the date from which I became eligible I wish to file a case with my admin.. At least they should respond to my representations stating the real situation??What will be ur kind advice Sir?

Sudhir Kumar, Advocate (Advocate)     25 March 2014

My point is even if they grant me promotion now I m not going to get seniority from back date??

Ans : NO

So to get promotion & that too from the date from which I became eligible I wish to file a case with my admin.. At least they should respond to my representations stating the real situation??

 

Ans : You have no actionable claim.  Unless there is actionable claim you cannot compel reply to representation.


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