Friday, 2 July 2021

Conduct & Disciplinary Rules - 19 : Article from Mr. K.V.Shridharan

 Conduct & Disciplinary Rules - 19 : Article from Mr. K.V.Shridharan


Before entering the new chapter of CCS CCA Rules 1965 and at first, and also as a prelude before we are discussing about the constitutional safe guards available to the Government servants, we are just having an introductory note on CCA Rules.

In respect of Conduct Rules, a detailed note was sent and subsequently, all the important orders have been sent to everyone. Hope all of you would have read or will complete before the end of the week.

An objective type questions will be prepared and sent to you for which you should answer and have a self-appraisal. You need not send the answer sheet but self-evaluate and know about the understanding on the subject.

     In this study materials before the introduction of CCS CCA Rules, we attempted to explain the Conduct rules with the Supreme Court judgments which are statutory in nature and can be used while drafting replies to the charge sheets. After a thorough study you can very well understand what is Rule 3 of the Conduct Rules. Please go through patiently with full concentration. Doubts may arise. We will clarify at a later stage.

The following are for refreshing the Conduct Rules with the judicial pronouncements so that you can learn better. As I told earlier, Please take print out and read the same repeatedly so that it will penetrate while you are drafting replies to the charge sheets. Can you?

Before entering the new subject, the substance of some important provisions of the conduct rules is furnished hereunder once again for refreshing the same.

(i)      Every Government servant shall at all times maintain absolute integrity, devotion to duty and do nothing which is unbecoming of a Government servant. [Rule 3 (1) of the CCS (Conduct ) Rules]

(ii)     He shall not indulge in any act of sexual harassment to any woman at her work place and those in charge of a workplace shall take appropriate steps to prevent sexual harassment to any woman at such work place. (Rule 3 (iv))

(iii)   He shall not use his position or influence to secure employment for any member of his family in any private undertaking. [Rule 4]

(iv)   He shall not take part in politics and elections. [Rule 5]

(v)     He shall not participate in demonstrations and strikes. [Rule 7]

(vi)   He should not criticize the Government. [Rule 9]

(vii) He should not accept gifts except on certain specified occasions and of specified amounts. [Rule 13]

(viii) He shall not engage himself in any trade or business or undertake any employment. [Rule 15]

(ix)   He is prohibited from investing, lending and borrowing except to the extent and in the manner provided. [Rule 16]

(x) He shall not acquire or dispose of any immovable or movable property beyond the limits specified without the previous sanction or knowledge of the prescribed authority. [Rule 18]

(xi)   He is prohibited from consumption of intoxicating drinks and drugs in public place. [Rule 22]

(xii)  He is prohibited from a bigamous marriage. [Rule 21] 

II. Instances of acts of misconduct

1.  Wilful insubordination or disobedience, whether alone or in combination with others, to any lawful and reasonable order of superior.

(2) Infidelity, unfaithfulness, dishonesty, untrustworthiness, theft and fraud, or dishonesty in connection with the employer's business or property.

(3) Strike, picketing, gherao – striking work or inciting others to strike work in contravention of the provisions of any law, or rule having the force of law.

(4) Gross moral misconduct acts subversive of discipline Riotous and disorderly behaviour during working hours at the establishment or any act subversive of discipline.

(5) Riotous and disorderly behaviour during and after the factory hours or in business premises.

(6) Habitual late attendance.

(7) Negligence or neglect of work or duty amounting to misconduct Habitual negligence or neglect of work.

(8) Habitual absence without permission and over-staying leave.

(9) Conviction by a criminal court.

[Notes on CCS (Conduct) Rules, 1964, published by Government of India, M.H.A; D.P A & A.R.-3rd Edition, 1980.]


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