CCS Rules & Principles of Natural justice
1. When
principles of Natural justice not attracted
(a)
where the employee pleads guilty in the rules.
(b)
where interim suspension is directed pending enquiry
(c)
disclosure of sensitive information
(d)
where no rights are affected
(e)
where rules expressly authorise enquiry to proceed ex parte in certain
circumstances.
(f)
Where deprivation of hearing is caused through negligence of lawyers.
2. Where
Natural Justice violated - Few Illustrations
a)
Where one of the members of the Selection Committee was himself a candidate for
selection, principles of natural justice were violated.
(b)
Where author members were present in the committee constituted for selection of
books written by them, it was violation of the rules of natural justice.
c)
Where in a departmental enquiry, the management was allowed to be represented
by a trained officer and a delinquent officer was denied legal representation,
it was held that principles of natural justice were not observed.
Man
with the social frame has struggled for centuries to bring into the community
the concept of fairness and it has taken scores of years for the rules of
natural justice to conceptually enter into the field of social activities. As
Krishna Iyer J. says "indeed, from the legendary days of Adams and of
Kautlya's Arthashastra the rule of law has had this stamp of natural justice
which makes it social justice."
Let us hereafter discuss about the CCS(CCA) Rules 1965.
In
the CCS (CCA) Rules 1965, there are 35 Rules divided into nine parts in total.
Part I contains three rules under the caption of “General”. Rule 3 deals with
the application of these rules in the disciplinary proceedings. All (regular)
Government servants are civil servants under these rules. In the Department of Posts, there is a
separate set of disciplinary rules for GDS called as Gramin Dak Sevaks (Conduct
and Engagement) Rules 2020. Rule (Note II (V) below Rule 3) (Terms and
conditions of engagement Rule (v) says “A. Sevak shall be out of the civil
service of the union”. The GDS is always kept away from the purview of CCS
(Conduct) Rules and CCS (CCA) Rules.
Sir
ReplyDeleteIllustration Where Natural Justice violated and when principles of natural justice not attracted ,the chapters of natural justice cleared elaborately🙏🙏🙏
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