Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

State of Tamilnadu - Section

Section 147 in Tamil Nadu Educational Inspection Code

147. Form or mode of address.

- All communications from managers or their agents to offices of the department will be by letter. Divisional Inspectors, District Educational Officers, Basic Educational Officers, Inspectresses and Deputy Inspectors when corresponding with managers of college and schools not under their inspection shall use the letter form of address. Whenever any orders are communicated, the memorandum form may be adopted, since such correspondence being treated as merely passing through the Inspecting Officers. Similarly, when any information is called for from private manager by the Director or by a superior Inspecting Officer, Subordinate Officers may endorse the information the same and submit the communication as an Original reference. To facilitate business, officers may call for information by endorsement asking for it as a favour, from their superiors and from managers of institutions not under their inspection, but this form of address must be used with discretion and fact so as to avoid giving offence.Appendix IReports of Transfer of Charge
(1)Copies of reports of transfer of charge in the case of officers in offices and institutions which are not directly subordinate to the Director and the Divisional Inspector, but whose appointments vest in them should be submitted direct to the Director or the Divisional Inspector, as the case may be, on the date on which such transfer or assumption of charge takes place at the same time the original of the report will be submitted to the officer's immediate superior.
(2)In the copies of reports so submitted, the number and date of the Director's proceedings or any other authority under which the transfer of charge was effected, and the date and time (forenoon or afternoon) of the occurrence, should be given. Separate communications being made in regard to transfer of charge which take place under separate orders.
(3)The original report submitted to the immediate superior which, should invariably state whether a copy has been submitted direct to the Director need not be sent to the director, but in cases where the joining time has been exceeded, or which there is any other irregularity, such as overstayal of leave, the immediate superior concerned should forthwith bring the irregularity to the notice of the controlling officers through proper channel.
(4)Copies of the reports referred to in (1) supra shall be submitted as indicated below: -
(a)In the case of Deputy Inspectors - By themselves.
(b)In the case of teachers and others, in schools including Headmistresses or Headmasters - By Heads of the schools concerned.
(5)The reports should be submitted by means of post card.Appendix 2Casual Leave and Special Casual Leave(Please see "The Tamil Nadu Casual Leave Rules" Printed separately in this Code)Appendix 3Instructions Regarding The Submission and Receipt of Petitions and Other Papers of Same Class Addressed To Government of Tamil NaduI. Definitions. - In these instructions, -
(1)"Government" means the Government of Tamil Nadu;
(2)"Petition" includes memorials, letters and application of the nature of petitions.II. Scope of Instruction. - (1) Same as hereinafter provided, these instruction shall apply, so far as may be, to all petitions addressed to the Government.
(2)They shall not apply to -
(a)petitions which are appeals preferred by persons holding posts under the administrative control of Government under the rules governing the conditions of their service under the Constitution of India;
(b)petitions relating to Bills pending before the State Legislatures, such petitions are governed by the Standing Orders of the Legislature;
(c)petitions submitted by, or on behalf of, the convicts under sentence of death; and
(d)petitions addressed to the Governor by persons who are or were serving in posts under the administrative control of this Government in respect of matters affecting them as Government servants, such petitions are governed by the special instructions issued by the Governor in that behalf.
(3)They shall not affect any rules or orders in respect of representations submitted by recognised associations of Government servants.III. (1) A petition may be either in manuscript or typescript or in print.
(2)Every petition shall be authenticated by the signature of the petitioner, or, when petitioners are numerous by the signatures of one or more of them.IV. Every petition shall -
(a)contain all material statements and arguments relied upon by the petitioner;
(b)be complete in itself;
(c)if any recorded order of a public authority is complained against be accompanied by a copy of the order and by a copy of any order in the case passed by a subordinate authority together with a copy of the petition to such authority; and
(d)end with a specific prayer.
V. Any person having cause of compliant against the Government shall, in the first instance, seek redress from the local authority who if unable to grant the redress sought, shall pass an order in writing to that effect. If dissatisfied with this decision, the petitioner shall be at liberty to address the [Board of Revenue] [The Board of Revenue was abolished by the Tamil Nadu Board of Revenue Abolition Act, 1980.], Court, or other superior authority by which the local authority is controlled; or he may address the Government in cases wherein there is no such controlling authority.Communications intended for the Government shall be addressed to "the Government of Tamil Nadu" or "Secretary to the Government of Tamil Nadu". A communication addressed to the Governor or to a Minister is not addressed to the Government and does not come with the cognizance of the Government unless the Governor, or the Minister sees fit to send it to a Secretary to Government.VI. The Government will not receive a petition on any matter unless it shall appear that the petitioner has first applied to the local authority and also to the Board of Revenue or other controlling authority, where such exists.VII. In order to enable the Government to enforce the foregoing rules without injustice or hardship to complaining parties, all heads of offices shall understand that a party affected by an order is entitled to have an application, a copy of such order, which, in all cases except those where an appeal lies, shall contain a statement of the grounds of the decisions and this shall be furnished to him on plain paper with payment.VIII. The Government will receive petition only from principals, communications running in the name of a pleader or agent will receive no attention. Anonymous petitions will be totally disregarded and destroyed on receipt.IX. Resolutions submitted by associations and other similar bodies will receive no attention; any such body wishing action to be taken on its representations should submit them in the form of a petition stating the grounds and circumstances of each case.X. As the Government never interfere with the distribution of subordinate appointments, applications for situations in the gift appointing authorities will remain unnoticed.XI. Every Government servant wishing to petition the Government shall do so separately:Provided that nothing in this instruction shall apply -
(i)to a joint representation on one and the same subject, signed by several Government servants; and
(ii)to representations submitted by recognised associations of Government servants in accordance with such rule as may, from time to time, be prescribed by the Government.
XII. Every person in civil employment and every person who has been in civil employment shall, if desires to petition the Government in respect of such employment shall, or in respect of the termination of such employment, submit a separate petition on his own behalf.XIII. Every petition from a person who is or was serving in a post under the administrative control of Government shall be addressed to Secretary to Government and be submitted through the head of the office or department to which he belongs or belonged.XIV. The head of the office or department shall, unless empowered under instruction XX or XXI to return or withhold it at once forwarded petition to the Secretary to Government in the department concerned through the ordinary official channel and may make such remarks as he may considers necessary in regard to the accuracy of the statements made and inference drawn in the petition.XV and XVI. (Omitted).XVII. Petitions addressed to the Government will be liable to summary rejection in the following cases: -
(1)When the petitioner has not complied in full with the above instructions.
(2)When a petition is illegible or unintelligible or contains languages which in the opinion of the Government is disloyal, disrespectful or improper.
(3)When a previous petition has been disposed of by the Government of Andhra Pradesh or the Government of India and the petition discloses no new facts or circumstances which afford grounds for a reconsideration of the case;
(4)When the petition is a mere application for relief, pecuniary or other, which is -
(a)presented by a person manifestly possessing no claim or advancing a claim of an obviously unsubstantial character; or
(b)so belated that its consideration is clearly impossible.
(5)When the petition is -
(a)an application for employment in posts under the administrative control of Government not made in pursuance of any rule or announcement regarding application for such employment; or
(b)a request for exemption from the provisions of a law or rule prescribing the qualifications to be possessed persons serving in posts under the administrative control of Government or by persons engaging in any profession or employment.
(6)When the petition is an appeal from a judicial decision unless such petition -
(a)is an appeal from a judicial decision in a case of which the Government have reserved any discretion interference;
(b)is an appeal from a judicial decision in a suit to which the Government were a party; or
(c)is a prayer for the suspension or remission of a sentence under Chapter XXIX of the Code of Criminal Procedure, 1898 [(Central Act V of 1898)] [Now, Code of Criminal Procedure, 1973 (Central Act 20 of 1974).].
(7)When the petition is a representation against a decision which is declared to be final by law or statutory rule.
(8)When the law provides a different or specific remedy in respect of the subject-matter of the petition whether or not any period of limitation deprescribed for the prosecution remedy has expired.
(9)When the petition is submitted otherwise than in accordance with any rule, order or contract, such as is referred to in sub-clause (a) of clause (14), by person serving in a post under the administrative control of this Government with regard to his prospective claim to pension.
(10)When a petition is an appeal against a failure by the Government to exercise a discretion vested in them by law or rule.
(11)When the action desired in a petition is in the nature of a favour and not of a right.
(12)When the petition is a representation against an order of a subordinate authority communicated to the petitioner more than six months before the submission of the petition and no satisfactory explanation for the delay is given;
(13)When the petition is a representation against the discharge of a person -
(a)appointed on probation, during such probation;
(b)appointed, otherwise than under contract to hold a temporary appointment, on the expiration of the period of such appointment; or
(c)engaged under contract in accordance with the terms of such contract.
(14)When the petition is a representation by a Government servant against an order -
(a)from which he has exercised, or Possesses a right of appeal under -
(i)rules or orders regulating his conditions of service; or
(ii)the terms of his contract of service;
(b)passed by any authority in the exercise of appellate or revisional powers conferred by any rule, order or contract such as is referred to in sub-clause (a); or
(c)from which, not being an order of punishment, passed by the Government an appeal is expressly barred by a rule or order or contract such as is referred to in sub-clause (a).
(15)When the petition is a representation relating to an order of the Government refusing to grant or to recommend -
(a)a special pension;
(b)a compassionate pension; or
(c)any pecuniary or other concession to which the petitioner is not entitled under any law or statutory rule.
(16)When the petition is a representation with regard to any matter connected with the official prospects or position of a person serving in a post under the administrative control of the Government and is not submitted by such person.
(17)When the petition relates to a subject on which the Government are competent to pass orders, and no application for redress has been made by the petitioner to the Government.
(18)When the petition is a representation against the action of a private individual or of a body of private individual regarding the private relations of the petitioner and such individual or body; and
(19)When the petition, not being petition such as is referred to in the exceptions in clause (6) relates to matters in which the petitioner has no direct personal interest.XVIII. The Government will, when a petition is rejected under instruction XVII, inform the petitioner of the rejection and the reasons therefor.XIX. Where a petition has already been rejected under instruction XVII and a further petition on the same subject is submitted which does not contain facts not already brought to notice, such further petition will be disregarded.XX and XXI. (Omitted).Appendix 4Moral Instructions In Elementary Schools