Saturday, 31 July 2021

Conduct & Disciplinary Rules - 37 : Article from Mr. K.V. Shridharan

 Conduct & Disciplinary Rules - 37 : Article from Mr. K.V. Shridharan

Case Law on Conduct rules

11. Meaning of 'unbecoming conduct': All the conduct rules, particularly the part relating to unbecomingness is to be judged from a robust commonsense point of view on a reasonable standard. The question what is unbecoming is a relative term. Mere drinking of alcoholic drinks in the company of girls not in a public place cannot be said to be immoral, even if the girls happened to be working as receptionists in a hotel which is no longer a degrading profession for women.

Ghulam Mohiuddin XW.Bengal AIR 1964 Cal. 503H.C

12. Meaning of 'unbecoming conduct': When a magistrate ordered on three different occasions that the woman produced on each such occasion should be taken to his residence and kept the woman at his residence in his company on all these occasions for periods varying from 2 hours to the whole night, it was held that even though there was no positive evidence of any immoral act on his part, still he was found guilty of the charge of the 'conduct unbecoming of a government servant'.

UP XOP Gupta AIR 1970 SC 679.

13. Meaning of 'unbecoming conduct': The appellant government servant stayed in a lodge, had not paid the rent even after the bill was sent to him or claimed HRA from the govt. without paying the rent to the lodge, or had done some favours by virtue of his official position and was expecting that recovery of rent may be waived by the lodge, or that his financial position was so weak that he could never have been expected to pay the rent. They may indicate a conduct unbecoming of a government servant. But, an innocent, indiscreet act on the part of the appellant in not paying the rent in the hope that he can pay the same as soon as the monthly rent is fixed, cannot be characterized as conduct unbecoming of a government servant, especially when a government servant is permitted to have credit facilities with a bonafide trader under Rule 16 of the Conduct Rules. The appellant has received letters of appreciation and encomiums have been showered on him for his abilities. When even a small recognition or verbal appreciation of the work done by subordinate officers has almost become a fare phenomenon in government service it is no mean achievement for the appellant to have received letters of appreciation and encomiums for the good work done from superior officers of different designations and rank and at different points of time. That he had to suffer the agony of pursuing litigation lasting over a period of more than two years is itself a sufficient punishment for the innocent, indiscreet act committed by him. The impugned order removing him from service has, therefore, to be quashed.

R.Srinivasan XUOI (1982) 1 MLJ 381 H.C

14. Unauthorised occupation of Government quarters is not misconduct.

(1994) 27 ATC 704 Calcutta

15. Failure to report acquisition of assets by spouse is not misconduct unless it is out of funds of the Government Servant.

(1992) 19 ATC 17 Bangalore


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