RELAX, REFRESH RULING KNOWLEDGE
CCS - CONDUCT RULES
1964
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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