INDEX Chapter - | Introduction Chapter-II Judicial system in India Chapter -IIl The oaths act, 1969 Chapter - IV Indian evidence act 1872 Chapter-V Caveat Chapter - VI General instructions in respect of handling of court cases Chapter - Vil Drill on handling/monitoring of court cases Chapter - Vill Cat terms Chapter- IX Overview of CCS (CCA) Rules Chapter-X Chapter-Disciplinary Proceeding- Major & Minor penalties 31 35 38 39 63 87 105DISCIPLINARY PROCEEDINGS & HANDLING OF CAT CASES CHAPTER: IX OVERVIEW OF CCS (CCA) RULES Disciplinary Proceedings The procedure to be followed in disciplinary cases against Government servants is laid down in detail in the Central Civil Services (Classification, Control and Appeal) Rules, 1965. These rules have been framed in conformity with the provisions of Article 311 of the Constitution. These rules along with Article referred to have necessarily to be studied caretully and thoroughly by all authorities who have been vested with disciplinary powers. These rules and instructions and clarifications issued by various authorities from time to time in regard to the appication of these rules, find a place in this Compilation. Itis absolutely necessary that the procedure as laid down in these rules and the various instructions issued there under are required to be followed rigidly. Any failure to observe the proper procedure, either willfully or through gross negligence is liable vitiate the entire proceedings rendering them null and void. A brief outline of the implications of the various rules and instructions for the guidance of hardling disciplinary cases is given below PRELMINARY ENQUIRY 1. Whenever intimation is received about the commission of an offence by an employee, a preliminary enquiry is conducted, not necessarily by the appropriate disciplinary authority. This is held for the purpose of collection of facts in regard to the conduct and work of the Government servant concemed in which he may or he may not be associated Such a preliminary enquiry may even be held ex prate, for it is merely for the satisfaction of the concerned authority. At this enquiry, all available evidences and relevant documents should be collected and in important cases, evidences of witnesses be reduced to writing and got signed by them. if possible. in the presence af the employee concerned. RTC Kolkata 1DISCIPLINARY PROCEEDINGS & HANDLING OF CAT CASES During the course of such an enauiry, for the sake of fairness, the Government servant complained against should normally be given_an opportunity to say what he may have to say about the allegations against him to find out if he is ina position to give any satisfactory information or explanation, which may render any further investigation unnecessary. 2. The preliminary enquiry is in the nature of a ‘fact-finding enquiry’ where there can be ex prate examination or investigation and ex prate reports. The investigation report along with the preliminary evidences collected is then ‘examined by the appropriate authority to come to a decision whether a prima facie case exists for initiation of formal disciplinary proceedings. The officer responsible for the decision should take care not to express, as for as possible, any definite opinion on the merits of the final outcome of the case. 3. The question to be decided at this stage is not whether a Government servant is guilty or not of an allegation. It is o be seen whether a prima facie case exists of a certain offence/misconductmisbenaviour/dereliction of duty. It is just to find ‘out whether an offence has taken place and if so, whether the Government servant is prima facie involved in it. If there is prima facie evidence of commission of a criminal offence beyond reasonable doubt, initiation of criminal proceedings is to be considered. If, on the other hand, prima facie evidence is based only on preponderance of probability, then departmental proceedings may be appropriate. 4. A doubt has been expressed whether departmental action can be taken only when any particular rule of the Conduct Rules has been violated. It is not so. It is not necessary that every misconduct should be covered by breach of a rule. Proceedings can be initiated not only for misconduct but also misbehaviour, which is not included in the book of rules. It is open to take action in respect of misconduct, which falls outside the Government servant's official functions if it reflects on his reputation for good faith, honesty, integrity and devotion to duty. 5. The argument that as there is no loss to Government there is no misconduct is not correct. Loss of public funds is not an essential element of misconduct. The essential element is perverse conduct or absence of good conduct. Even if the act is known to cause no loss to public funds, misconduct or attempt to commit can exist. Both attempt and abetment of misconduct has to be viewed with the same seriousness. Malafide is not a necessary element for proving misconduct. It might be that malafides are not always evident, but they can be inferred. Repeated incidents also point to motive. 6. Past good or bad conduct of a Government servant should in no way influence action, if a clear misconduct is made out prima facie. RTC Kolkata