201. Knowledge Spectrum – Discipline – SPEAKING ORDERS
357, What are the essential ingredients of a speaking order?
Speaking order should necessarily contain the following:
(a) Context: The order should narrate the back ground of the case. As has been laid down in a catena of decisions, law is not to be applied in vacuum. The circumstances that have caused the issue of the orders have to be brought out clearly in the introductory portion of the order. For example, if there is representation about incorrect pay fixation, the speaking order disposing of the representation should narrate how the anomaly has crept in, etc.
(b) Contentions: Rival submissions, where applicable, must be brought out in the order. For example the evidence led by the presenting officer in support of the charges and by the charged officer for refuting the charges. Needless to add that there may be cases wherein submissions may be unilateral as is the case of stepping up of pay, etc. Even in the course of disciplinary proceedings, there may be some instances wherein the concept of rival submission may not apply as in the case of representation for change of Inquiring Authority or for engagement of legal practioner as defence assistant.
(c) Consideration: The order should explicitly evaluate the submissions made by the parties vis-à-vis each other and in the light of the relevant statutory provisions. Each submission by the parties must be considered with a view to decide about its acceptability or otherwise. of the relevant statutory
(d) Conclusions: Outcome of the consideration is the ultimate purpose of the order. It must be ensured that each conclusion arrived at in the order must rest on facts and law.
357, What are the essential ingredients of a speaking order?
Speaking order should necessarily contain the following:
(a) Context: The order should narrate the back ground of the case. As has been laid down in a catena of decisions, law is not to be applied in vacuum. The circumstances that have caused the issue of the orders have to be brought out clearly in the introductory portion of the order. For example, if there is representation about incorrect pay fixation, the speaking order disposing of the representation should narrate how the anomaly has crept in, etc.
(b) Contentions: Rival submissions, where applicable, must be brought out in the order. For example the evidence led by the presenting officer in support of the charges and by the charged officer for refuting the charges. Needless to add that there may be cases wherein submissions may be unilateral as is the case of stepping up of pay, etc. Even in the course of disciplinary proceedings, there may be some instances wherein the concept of rival submission may not apply as in the case of representation for change of Inquiring Authority or for engagement of legal practioner as defence assistant.
(c) Consideration: The order should explicitly evaluate the submissions made by the parties vis-à-vis each other and in the light of the relevant statutory provisions. Each submission by the parties must be considered with a view to decide about its acceptability or otherwise. of the relevant statutory
(d) Conclusions: Outcome of the consideration is the ultimate purpose of the order. It must be ensured that each conclusion arrived at in the order must rest on facts and law.
358. What is the pre-caution to be taken in the matter of specifying the penalty?
The penalty being imposed must be free from ambiguity and vagueness. Scope of penalty must be clearly brought out in the order without leaving any scope for interpretation or filling up the gap through arguments such as 'by necessary implication:
While there cannot be any confusion with regard to orders of Dismissal, removal from service and censure, care must be taken in the following types of penalties as shown against each:
(a) Withholding of promotion: such an order should clearly state the period for which promotion is withheld.
(b) Recovery from pay: This penalty can be imposed only when it has been established that the Government servant was guilty of negligence or breach of orders or rules which caused the loss. When ordering such recovery the disciplinary authority should clearly state as to how exactly the negligence was responsible for the loss. The order should also specify the following:
(i) (ii) (iii) Total amount to be recovered number of installments Amount to be recovered in each installment
(c) Withholding of increment – such orders should give the period for which increment is withheld and whether the withholding will have the effect of postponing future increments.
(d) Reduction to a lower stage in the time scale of pay. Orders of this kind should indicate the following:
(i) the date from which the order will take effect; (ii) the stage in the time scale of pay in terms of rupees to which the pay of the Government servant is to be reduced; (iii) the period, in terms of year and moths, for which the penalty will be operative; (iv) Whether the Government servant will earn increments of pay during the period of such reduction; and (v) Whether on the expiry of such period, the reduction will or will not have the effect of postponing the future increments of his pay.
(e) Reduction to a lower time scale of pay, grade, post or service: such an order should cover the following aspects:
(i) the lower time scale of pay, grade, post or service and stage of pay in the said lower time scale to which the Government servant is reduced;
(ii) the date from which the order will take effect;
(iii) where the penalty is imposed for a specified period, the period, in terms of years and months, for which the penalty will be operative;
(iv) if the penalty is imposed for an unspecified period directions regarding conditions of restoration to the grade or posts or service from which the Government servant was reduced and his seniority and pay on such restoration to that grade, post or service.
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