Law Relating to Disciplinary Proceedings

Law Library

Government Hand Books

1. HANDBOOK FOR INQUIRY OFFICERS AND DISCIPLINARY AUTHORITIES [by Department of Personnel and Training (DOPT)]
2. HANDBOOK FOR PERSONNEL OFFICERS 2013 [by Department of Personnel and Training (DOPT)]
3. COURT OF INQUIRY PROCEDURE UNDER CCS(CCA) RULES 1965

Central Civil Services (Classification, Control and Appeal) Rules, 1965.

•     “Government servant’ means a person who –

  (i)         is a  member of a Service or holds a civil post under the Union, and includes any such person on foreign service or whose services are temporarily placed at the disposal of a State Government, or a local or other authority;

  ii)         is a member of a Service or holds a civil post under a State Government and whose services are temporarily placed at the disposal of the Central Government;

  iii)        is in the service of a local or other authority and whose services are temporarily placed at the disposal of the Central Government;

•  These rules shall apply to every Government servant including every civilian Government servant in the Defence Services, but shall not apply to –(a)        any railway servant, as defined in Rule 102 of Volume I of the Indian Railways Establishment Code,

  (b)        any member of the All India Services,

  (c)        any person in casual employment,

  (d)        any person subject to discharge from service on less than one month’s notice,

  (e)        any person for whom special provision is made, in respect of matters covered by these rules, by or under any law for the time being in force or by or under any agreement entered into by or with the previous approval of the President before or after the commencement of these rules, in regard to matters covered by such special provisions.

• Report of arrest to superiors by Government servants :-
  It shall be the duty of the Government servant who may be arrested for any reason to intimate the fact of his arrest and the circumstances connected therewith to his official superior promptly even though he might have subsequently been released on bail. On receipt of the information from the person concerned or from any other source the departmental authorities should decide whether the fact and circumstances leading to the arrest of the person call for his suspension. Failure on the part of any Government servant to so inform his official superiors will be regarded as suppression of material information and will render him liable to disciplinary action on this ground alone, apart from the action that may be called for on the outcome of the police case against him.
• Suspension
  The appointing authority or any authority to which it is subordinate or the disciplinary authority or any other authority empowered in that behalf by the President, by general or special order, may place a Government servant under suspension-
  (a) where a disciplinary proceeding against him is contemplated or is pending; or
  (aa) where, in the opinion of the authority aforesaid, he has engaged himself in activities prejudicial to the interest of the security of the State; or
  (b) where a case against him in respect of any criminal offence is under investigation, inquiry or trial:

Law of Suspension

Drafting 

• Drafting Show Cause Notices (SCN)
• Adjudication Orders
• Appeal Memoranda
• Revision Applications
• Drafting Defence and written submission

• Principles of Natural Justice and Reasonable Opportunity
• Contingencies in Employment in Which Principles of Natural Justice Are Applicable
• Complaints and Decision to Initiate Enquiries
• Charge-Sheet and Its Drafting
• Charge-Sheet—Service to Workman
• Reply to the Charge-Sheet and Its Consideration
• Suspension during Enquiry
• Criminal Proceedings and Departmental Enquiry
• Power to Hold Enquiry and Its Delegation
• Manner of Holding Enquiry
• Representation of Employees before Enquiry Officer
• Production and Inspection of Documents
• What Evidence Should Be Led Before the Enquiry Officer by Employer As Well As Delinquent Employee?
• Evidence before Enquiry Officer
• Disposal of the Case by Enquiry Officer
• Consideration by Disciplinary Authority
• Passing Of Dismissal Order and Departmental Remedies
• Bar On Change in Conditions of Service during Pendency of Proceeding
• Judicial Control of Labour Courts and Industrial Tribunals
• Malice, Victimization and Unfair Labour Practice
• Reinstatement and Grant of Back Wages
• Jurisdiction of Civil Court in Disciplinary Matters
• Writ Jurisdiction of High Court in Disciplinary Matters