Obey the Boss - But Only after obtaining Written Orders
"I have acted on the advice/directions of my superior officer ", is no excuse for the actions of a Government servant. CBDT has observed that during the processing of vigilance complaints, Assessing Officers have claimed that the particular action/decisions were taken after discussion with and as per the directions of their controlling Range Head, though, no such written directions were found on the record.
And predictably, the controlling officers denied having issued any such informal instructions/directions in the matter!
As per Rule 3(2) of the CCS (Conduct) Rules, Government servants are expected to act in their best judgement except under written directions of superior officers; Where the issue of oral direction becomes unavoidable, the official superior shall confirm it in writing immediately thereafter; A Government servant who has received oral direction from his official superior shall seek confirmations of the same in writing as early as possible.
CBDT has reminded the staff that oral/informal directions without being confirmed by the superior authority in writing carry no statutory force. Therefore, neither an Assessing Officer nor Range Head can take shelter behind such oral/informal directions having been received/issued to avoid punitive action.
CBDT Instruction No. 10/2011 Dated: December 07, 2011