Knowledge Spectrum – Discipline - ROLE OF DISCIPLINARY AUTHORITIES -7
16. What precautions are to be taken while visiting the employee with adverse career impact by invoking the terms of contract or statutory provisions?
Two precautions must be ensured under the above circumstance
(a) The provisions of the contract or the statutory provisions must be adhered to – say the length of the notice period, the conditions and procedure prescribed in the statutory provisions such as FR 56 (J), etc.
(b) The order of discharge must not cast any stigma on the employee concerned. For example, the order discharging a probationer should not mention any deficiency on the part of the employee. The discharging authority has no power to cast any aspersion on the competence or character of the employee without providing any opportunity to clarify his/her position.
17. If an employee has become permanent, is it mandatory to follow the procedure prescribed under CCA Rules for sending him/her out of service?
Not necessarily. Even a permanent employee can be sent out of service without following the provisions of CCA Rules under the following circumstances:
(a) As stated above, a permanent employee can be sent out of service under the provisions of FR 56 (J)
(b) An employee whose employment has been obtained by fraud or mis- representation, can be sent out of service without any inquiry
(c) An employee found guilty of sexual harassment of women in the working place may be dismissed from service without recourse to separate proceedings under Rule 14 of CCA Rules because under the proviso to Rule 14(2), the Complaints Committee constituted under Rule 3-C of the CCS (Conduct) Rules 1964 shall be deemed to be the Inquiring Authority and the Committee shall conduct the inquiry as far as possible, in accordance with Rule14 of CCA Rules unless separate procedure has been prescribed for the Committee
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