Mokokchung, November 3 (MTNews): The Government of Nagaland has pointed out that there is no statutory provision empowering the employees to go on strike and that the ongoing indefinite strike by the Nagaland In-Service Doctors Association (NIDA), which began on October 28 demanding increase in superannuation age from 60 to 62 years, is against the Government Servants Conduct Rules.

 

The state government through the DIPR invited attention to Rule 25 of the Nagaland Government Servants Conduct Rules, 1968 that prohibits Government Servants from participating in any form of strike or in any way, abet any form of strike. The Supreme Court has also in several judgments agreed that going on strike is a grave misconduct under the Conduct Rules and should be dealt with in accordance with law, it informed.

 

It also said that maintenance of public health and sanitation including Hospitals and dispensaries are essential services under the Nagaland Essential Service (Maintenance) Act, 1978. “The proposed stir in any form is likely to cause severe disruption in medical care/public health services and is therefore liable to endanger the life, health and security of the people of the State. This will tantamount to violating the provisions of the Act and invite penal action,” it added.

 

Further, the government also pointed out that as per the Fundamental Rule 17(1), an officer who is absent from duty without any authority shall not be entitled to any pay and allowances during the period of such absence.
Referring to an earlier office memo, the government said that the Principal Director, H&FW had issued directions to all CMOS/MCS/Controlling Officers in the District/Sub-District/Hospital Level not to go on agitations in any form/manner from October 28, 2022.

 

It cautioned that any resort to “illegal means of agitations” shall be viewed seriously and besides deduction of salary on the principle of ‘no work no pay’, participants shall also be liable to disciplinary action for grave violation of conduct rules. In addition, the participants in the strike/agitation would also be liable for appropriate action under provision of law, it said.

 

“The Deputy Commissioners of the respective districts shall also ensure that the Chief Medical Officers and the Medical Superintendents and their subordinate Officers follow the directions Contained herein, and in any case of any violation submit reports on the matter to Government through Commissioner forthwith for further action,” it added.

 

Meanwhile, the Principal Director, DHFW, and the Chief Medical Officers and Medical Superintendents in the State, have been instructed not to sanction any leave to any Government Medical Officer or health care professionals. Further, it has been directed that no government medical doctors shall communicate with members of the press in matters not connected with discharge of official duty.

 

In order to manage and mitigate the “likely impact of such unauthorized absence by a large number of government medical doctors” and to ensure that health services are not disrupted for the citizens, the government has instructed various measures to be activated at various levels, including setting up a state level control room with dedicated helpline shall be set up for coordination and real time monitoring of the situation in the State. The Control Room shall be overseen by Principal Director, DHFW, who may draw officers from the Directorate to assist him. Several measures have been undertaken at the district level as well for coordination and real time monitoring of the situation. (Read details here)

 

Meanwhile, the Nagaland Government has prohibited any government servant from broadcasting or publishing or any communication to the press or public utterance of any statement of fact or opinion not connected with discharge of official duty, without prior government sanction.

 

The Doctors in Government service have been requested to refrain from engaging in any activity or communication in violation of the Nagaland Government Servant (Conduct) Rules 1968. “Any violation of the same shall attract disciplinary proceedings against the Government Servants under the conduct rules,” it cautioned.

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