Para 21 — CSMOP
Original Rule Text
21. Oral orders on behalf of or from Minister:-
(i) Whenever a member of the personal staff of a Minister communicates to any officer an oral order on behalf of the Minister, it shall be confirmed by her/him in writing, immediately thereafter.
any officer receives oral instructions from the Minister or from her/his
personal staff and the orders are in accordance with the norms, rules, regulations or procedures they should be brought to the notice of the Secretary (or the head of the department where the officer concerned is working in or under a non-secretariat organization).
(iii) In all cases of oral/orders which are not in accordance with the norms, rules, regulations or procedures, clear orders from the Secretary (or the head of the department in case she/he is working in or under a non-secretariat organization) should be sought about the line of action to be taken, stating clearly that the oral instructions are not in accordance with the rules, regulations, norms or procedures.
(iv) In rare and urgent cases when the Minister is on tour/is unwell and the approval has to be taken urgently on telephone, the decision of the Minister shall be conveyed by the Private Secretary. In such cases, confirmation of Minister shall be obtained, subsequently at the earliest.
What This Means
Para 21 specifically addresses oral orders that come from a Minister — directly or through the Minister's personal staff. This is a particularly sensitive category because Ministers are political authorities whose instructions can sometimes deviate from normal administrative procedures. The rule creates a clear protocol to manage this without creating friction between political and administrative authority.
If a member of the Minister's personal staff (Private Secretary, OSD, etc.) communicates an oral order from the Minister to an officer, that staff member must confirm it in writing immediately. When an officer receives such an oral order and it is in accordance with rules and procedures, the officer must bring it to the notice of the Secretary of the Ministry. Even rule-compliant Ministerial instructions must flow through proper channels for proper documentation.
The most important provision is sub-clause (iii): if oral instructions from a Minister (or personal staff) are not in accordance with rules, the officer receiving them must seek explicit written orders from the Secretary about what to do. The officer must clearly state to the Secretary that the Ministerial instructions are not in conformity with the rules. This provision protects officers from being pressured into irregular actions while also ensuring the Secretary is kept in the loop. Finally, for rare urgent cases where a Minister is on tour or unwell, phone approval by the Minister conveyed through the Private Secretary is acceptable, but written confirmation from the Minister must be obtained subsequently.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1Oral orders from a Minister communicated through personal staff must be immediately confirmed in writing by the staff member.
- 2Officers receiving Ministerial oral orders that comply with rules must bring them to the Secretary's notice.
- 3If oral Ministerial instructions do not comply with rules, the officer must seek clear written orders from the Secretary.
- 4The officer must explicitly tell the Secretary that the instructions are not in line with rules.
- 5In urgent remote cases (Minister on tour), the Private Secretary may convey phone approval, but written confirmation from the Minister must follow.
- 6The Secretary is the administrative head who mediates between Ministerial authority and administrative propriety.
Practical Example
The Minister's Private Secretary calls the Section Officer of the Vigilance Branch and says 'the Minister wants the inquiry file on Officer X closed by tomorrow without a full hearing'. The SO recognises that this instruction violates CCS (CCA) Rules which mandate a full hearing. The SO does not comply immediately. Instead, the SO notes the instruction on the file and goes to the Secretary, stating: 'The Minister's PS has given an oral instruction to close the file without a hearing. This does not comply with CCS (CCA) Rules. Please advise on the course of action.' The Secretary then decides whether to seek clarification from the Minister or decline the instruction. The entire chain of events is recorded on the file.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Frequently Asked Questions
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This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.