Conduct & Disciplinary Rules – 65

CCS Rules & Principles of Natural justice

I.                PRINCIPLES OF NATURAL JUSTICE

What are all may be stated as the Principles of Natural Justice?

(a) No one can be condemned unheard

(b) No one can be a judge in his own case

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

(d) Final order must be speaking order

What is Audi Alteram Pattern? And what is the protection granted under the principle of natural justice?

Audi Alteram Pattern is basically a protection against arbitrary administrative action comprises within itself a number of rights. This rule implies that the accused has a right to

(a) know the charge

(b) inspect documents

(c) know the evidence

 (d) cross examine witnesses

(e) lead evidence

In essence, the protections granted under Article 311 (2) of the Constitution as well the CCA Rules are codification of the above principle of natural justice.

II.              Rule of Bias

What are all the important rule of bias in the disciplinary cases?

Generally, three kinds of bias are considered as important:

a) Personal Bias – One may be personally interested in the outcome of the case. If one is required to act as the complainant as well as the decision-making authority, the outcome is likely to be biased

b) Pecuniary bias – A person who has a monetary interest in an issue should not deal with the case. If one is a share holder in a company, it would be improper for him/her to decide whether a contract should be given to that company or some other company.

c) Bias of subject matter – One who has certain strong notions/ views about certain subjects might not be suitable for deciding issues relating to that subject. For example, one having strong male chauvinistic views, may not be suitable for dealing with issues relating to harassment of women employee

 

Whether the Rule of bias must be taken in consideration at all stages?

The Rule of bias should be borne in mind at the time of appointment of Inquiry Officer and dealing with the request of the Charged Officer for change of Inquiry officer.

What are all the exemptions in the rule of bias?

It is well established that the rule of bias has the following exemptions:

❖ Waiver - Where the party concerned has waived its right to question the proceedings for violation of the rule of bias, the issue cannot be raised subsequently. 

❖ Necessity - there may be situation when a person may not be able to withdraw from the decision-making process due to reasons of necessity (like connected or close relative of the any one related to the enquiry)

❖ Statutory Power - No other person can be substituted in his place. And it may sometimes happen that no other member is available to take the place and functioning.

Notwithstanding the above exemptions, it is essential that no person having any stake in the outcome of the disciplinary proceedings act as the Inquiry Authority nor exercise the powers of Disciplinary Authority. Justice should manifestly appear to have been done

What is the principle of natural justice requiring in the process of disciplinary proceedings by issuing speaking orders?

The following orders issued in the course of disciplinary proceedings, must be speaking orders:

❖ Orders disposing of the allegations of bias on the part of Inquiry Authority and requesting for change

❖ Orders dealing with the request for appointment of a Legal Practioner as a Defence Assistant

❖ Orders dealing with the request for appointment of a person from outstation as a Defence Assistant

❖ Orders rejecting the request for defence documents/witnesses

❖ Orders deciding on request for adjournment

❖ Final orders imposing penalty

❖ Orders of the Appellate, Revisionary or Reviewing authority