Conduct & Disciplinary Rules – 63

 CCS Rules & Principles of Natural justice

I.     CCS (CCA) Rules 1965 – Principle of natural justice - Introduction

Every Government servant is expected to conduct himself as becoming of a Government servant as stipulated in Conduct Rules. Accordingly, any misconduct on his/her conduct is liable for penalty. The various procedures to be adopted before awarding punishment for misconduct are enumerated under CCS (CCA) Rules 1965. The lawmakers have embodied adequate protection to the workforce to ensure that innocent and honest errors in judgment are not penalized.

i)     Principle of Natural Justice

The procedure for Departmental Inquiries is based on the principles of Natural Justice. The principles of natural justice have been evolved by courts of law through judicial pronouncements.

They 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.

     (iv)  A clear speaking order.

ii).   Essence of Government Service:

The essence of Government service is the sense of Discipline to which all Government employees are subjected and the privileges to which they are entitled. The Government has evolved two sets of rules covering these two aspects, which mainly related to the employees 'Code of Conduct' and 'Discipline'. These are the "CCS (Conduct) Rules 1964 and CCS (CCA) Rules 1965, as far as Gramin Dak Sevak's are concerned "The Department of Posts Gramin Dak Sevaks (Conduct and Engagement)' Rules 2020, substituted for both the above said two set of rules. This superseded the P&T ED Agents (Conduct and Service) Rules, 1964,2001 &2011.

iii). Constitutional Safe Guards

Article 311 (1) Provides the protection that nobody subordinate to the appointing authority can dismiss or remove and employee from service.

Article 311 (2) Provides protection that no employee shall 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.

With a view to ensuring strict adherence to these constitutional safeguards specific rules and procedure have been framed by the Government in the Form of CCS (CCA) Rules, 1965, no procedural defects in dealing with disciplinary cases is therefore expected from the different authorities while acting under these rules.

Disciplinary proceedings - Why, When and How?

The code of conduct is made applicable to Government servants, in the form of CCS (Conduct) Rules. Similarly, different kinds of rules to regulate the performance of employees in each organization under the Government are evolved by the Government Department/organization. Disciplinary rules are invoked when there is a violation of these rules. In other words, committing an offence in contravention of the rules of conduct is the reason for initiating disciplinary proceedings against a Government Servant. It will be initiated only when the appropriate disciplinary authority decides. It is also necessary that the disciplinary authority should follow the prescribed procedure in CCS (CCA) Rules, 1965 scrupulously while initiating, conducting and concluding such proceedings.