Wednesday, 5 January 2022

Conduct & Disciplinary Rules – 98 : (Compiled By Com Kayveeyes)

 Conduct & Disciplinary Rules – 98 : (Compiled By Com Kayveeyes)



 64. What are the basic principles of Natural Justice?

Basic principles of Natural Justice are

(i) No one shall be condemned unheard

(ii) No one shall be a Judge in his own cause

(iii) Justice should not only be done but should manifestly appear to have been done and

(iv) A clear and speaking order

65. What are the articles of the Constitution of India which concerns a government servant

Article 309 - Recruitment and conditions of service of persons serving the Union or State 

     Article  310- Tenure of office of persons serving the Union or a State    

    Article 311 -  Dismissal, removal or reduction in rank of persons employed in civil capacities under the Union or a state 

Article 320 - Functions of Public Service Commission

 66. What are the Constitutional Safeguards provided to Government Servants against arbitrary and vindictive actions of the Master Govt. and other higher authorities?

As per Article 311 (1) of the Constitution nobody subordinate to the appointing authority can dismiss or remove an employee from service.

(ii) Article 311 (2) provides protection to Government servants that they cannot be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.

67. How these safeguards provided in the constitutions are implemented?

The Central Government have evolved the Discipline rules named CCS (CCA) Rules - 1965, through which detailed procedure for initiating conducting and concluding the disciplinary proceedings. Failure to observe these procedures may entail the action null and void. Therefore the strict observance of these rules is made imperative to all concerned.

68. Some officers are causing oral instructions. After sometime another officer is     questioning the authority. What is the exact position on oral instructions?

     (i) Oral instructions should not, as far as possible be issued by senior officers to their subordinates.

     (ii) If the oral instructions are issued by any senior officer, they should be confirmed by him in writing immediately thereafter.

     (iii) If a junior officer seeks confirmation to the oral instructions given by the senior, the latter should confirm it in writing whenever such confirmation is sought.

     (iv) A junior officer who has received oral orders from his superior officer should seek confirmation in writing as early as possible/practicable.

69. Is there any provision to proceed against an employee on anonymous complaint?

     `No. Rule 183 of Vol III clearly stipulated that no action should be taken on anonymous and pseudonymous complaint against any Government servants. But if the complaint discloses very serious matter and contains verifiable facts then necessary enquiry should be conducted. If such an inquiry reveals serious irregularity on the part of the employee disciplinary action can be taken.

70.     What are all the precautions required before giving statements?

          Whenever seeking statement, one should demand to see the vouchers or records.

          One has every right to ask time to give his statement.

          After giving a statement, a copy of the same must be taken.

          If refuses time, one may say that he want to pursue the records, consults necessary rules.

          To avoid false report as if refused to give statement, the official should send his representation to DA through proper channel.

          As per law, nobody should be forced to testify against himself and refusal to give statements could not be construed as misconduct.

          The statement is the most vital factor and one should be very careful.

          Always consult knowledgeable persons before giving statements.

          Always see the documents at first and ascertain your role before defending the case.

          First ensure that whether were you on duty on the day.

          Pursue documents and find out whether the same were handled by you.

          Check rules & find out the extent of your negligence.

          Never write a statement as per the officer’s dictation.

Consult knowledgeable people before giving a statement and act on his advice to avoid complications

          Never trust the officers/administration.

          Always take notes on the evidences & take copies of your statement.

          If Rule 16 is issued, make a request to pursue all the documents.

          If DA is relying on other’s statements, seek oral inquiry. If refuses, don’t worry; it will be helpful for legal remedy.

          Submission of proper representation will help while approaching CAT for remedy. 

The above are not exhaustive and you may add due to your experiences in the field levels. 


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