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Home > LAWYERS > Administrative Law > Government Servants > Disciplinary Action |
The book contains a very lucid and illustrative exposition of the subject of appointments, promotions and disciplinary action of government servants. This subject has received added importance because of the emerging growth of administrative tribunals. It is bound to be relevant not only for administrators and students of law but also for all those who are directly concerned with administration of justice. Various aspects of the character-roll entries, which are of special significance in the career of a government servant with regard to promotion, confirmation, reversion, compulsory retirement, discharge of probationer, etc., have been examined in this book. The author has also examined power of transfer, transfer to equivalent post, transfer on request and judicial review.
The book represents the outcome of a very useful study in an area which had received scant attention earlier. The chief merit of the book is the comprehension, analysis and discussion on various aspects of government servants' appointment, promotions and disciplinary actions with the help of case-law. Further, the synopsis under each chapter makes reference easy.
The author in this book has made an attempt to place in a concise and coherent form the law in respect of various problems facing the government and their servants from the stage of appointment in service to its honourable termination or otherwise with remedies for the rectification of the wrongs done or attempted to be done by either side.
PREFACE III TABLE OF CASES XIII
Who is a government servant 1 Civil Service 2 Civil post 3 Employees of statutory corporations 7 Other employees 18 Status of government servants 20 Constitutional provisions 22
Rule-making power 28 Subject to other provisions of the Constitution 30 Rules made by the Legislature 31 Rules made under the Proviso to Article 309 by the President or the Governor 31 Retrospective rules 34 Administrative instructions or executive orders 34 Amendment of the rules 37 Rules relating to All India Services 38 Publication of rules 39 Absence of rules 40 Validity of certain rules 40 Constitution, creation of services and posts 41
Meaning of pleasure tenure 43 Position under the Government of India Acts 43 Position under the Constitution 46 Pleasure not affected by Acts or Rules made under Article 309 47
General 49 Modes of selection 51 Appointing authority 51 Selection Committee 53 Eligibility and qualifications 56 Equality of opportunity 58 Reservation of appointment and posts 62 Interview and viva voce 69 Select list and appointment 74 Consultation with Public-Service Commission 75 Approval of appointment 76 Irregular appointments cannot be validated 76 Direct recruits and promotees 76 Recruitment to subordinate judiciary 76 All India-Services 79
Rules governing conditions of service 81 Meaning of conditions of service 81 Alteration in conditions of service 82 Breach of conditions of service 84 Equal pay for equal work 84
Probation and its object 89 Period of probation 90 Confirmation 91 Continuance after expiry of probation 92 Discharge during probation 95 Termination by way of punishment 96 Reversion to substantive post 99
Temporary service 101 Ad hoc or stop gap appointment 102 Appointment in leave vacancy 103 Termination 103 Reversion 104 Protection of Article 311 105
Promotion, nature of the right 106 Methods of selection for promotion 107 Sources of promotion : Quota Rule 111 Equality of opportunity 113 Qualifications for promotion 114 Panel of selection or select list 116 Next below rule 117 Order for promotion 118 Rules of natural justice 119 Promotion to selection post 119 Interference by courts 120
Seniority and its importance 122 Principles governing determination of seniority 123 Seniority of direct recruits 127 Seniority of promotees 128 Inter se seniority of direct recruits and promotees : Quota and rota rules 130 Confirmation 136 Transfer to different departments or units 137 Alteration of seniority 138 Rules of natural justice 139
Conduct of government servants 140 Misconduct 142 Absence from duty 145 Borrowing and lending money 146 Acquisition of property 146 Conviction 147 Corruption 148 Political activity 151 Subversive activity 153 Filing writ petition 155 Participation in strike 155 Restriction on consumption of liquor etc. 157 Second marriage 158 Misconduct involving sex 160 Securing employment by deceitful means 160 Giving wrong information at the time of appointment 160 Restriction on private trade or employment 161 Acceptance of promotion by ineligible official 161 Using unfair mean as examination 161 Carrying undeclared cash against rules 161 Failure to vacate Government quarter 162 False identification by government servant 163 Activity during lunch hour 163 Activity after office hours 163 Carelessness regarding personal cheque book 164 Negligence when amounts to misconduct 164 Lack of efficiency 165
Nature of suspension 166 Suspension under the Rules 168 Suspension pending disciplinary proceedings 169 Suspension pending criminal proceedings 171 Suspension by way of punishment 171 Deemed or automatic suspension 172 Article 311 not attracted to interim suspension 173 Authority competent to suspend 174 Duration of suspension 175 Retrospective suspension 178 Subsistence allowance 179 Pay and allowances on reinstatement 184 Reinstatement on setting aside of dismissal etc. in departmental appeal or review 188 Reinstatement on setting aside of dismissal etc. by Court 190 Communication of suspension order 192
Government's right to punish 193 Penalties that can be imposed 194 Quantum of punishment 196 Disciplinary authority 199 Article 311(1) 199 Delegation of power to punish 201 Preliminary enquiry 202 Authority competent to initiate disciplinary proceedings 204 Departmental proceedings during pendency of suit by government servant 205
The Enquiry 206 Enquiry Officer 208 Change of Enquiry Officer 210 Bias of Enquiry Officer 211 Second or de novo enquiry 213
Procedural safeguards 216 Procedure for imposition of major penalties 217 Procedure for imposition of minor penalties 218 When two alternative procedures are available 220 Rules of natural justice and bias 220 Ex parte proceedings 228 Delay in enquiry 229
Amendments of Article 311(2) 231 When applicable 232 Reasonable opportunity 234
Show-cause notice 239 The charge-sheet 242 Submission of explanation : Appointment of Enquiry Officer 244 Appearance before enquiry officer 246 Evidence for the department 250 Defence 255 Examination of the government servant 256 Arguments, oral and written 258 Proof : Appreciation of evidence 258 Enquiry report 259 Enquiry in case of criminal prosecution 263 Proceedings after retirement 267 Nature of disciplinary proceedings 270 Action on enquiry report 271 Order of punishment 273
General 277 Conduct leading to conviction : Clause (a) 280 When holding of enquiry impracticable : Clause (b) 283 Enquiry not expedient in the interests of the security of the State: Clause (c) 289
Difference between dismissal and removal 292 Authority competent to dismiss or remove 293 Reasonable opportunity before dismissal 294 Consultation with Public Service Commission 295 Dismissal or removal when justified 295 Reasons for the order 297 Retrospective dismissal is illegal 298 Dismissal without enquiry 299 Dismissal order effective only on communication 299 When termination etc. amount to dismissal or removal 300 Grounds on which order of dismissal or removal may be challenged 301
Termination simpliciter 303 Notice of termination 307 Authority competent to pass order 308 Discharge of probationer 308 Termination and discharge by way of punishment 310 Lifting the veil 314 When termination held to be punitive 318 When termination held not to be punitive 322 Reasons need not to given 325
Meaning of reduction in rank 326 When order amounts to reduction in rank 328 Orders not amounting to reduction in rank 328 Reversion 329 When reversion amounts to reduction in rank 331 When reversion does not amount to reduction in rank 333
Nature and object of compulsory retirement 338 Rules and relating to compulsory retirement 341 Competent authority 346 When not punitive 346 When penal 348 Notice and payment of notice pay 354
Rules regarding retirement 356 Retention in service after the age of retirement 360 Change in the rule regarding age of superannuation 361 Determination of date of birth 362 Voluntary retirement 366 Resignation 373
Minor penalties 377 Procedure 378 When procedure for imposition of major penalties initiated 379 Rules of natural justice : Speaking order 380 Censure 380 Withholding of increments of pay 381 Withholding of promotion 382 Recovery of pecuniary loss from pay 382
Nature and purpose of 384 Competent authority 387 Adverse remarks 388 Communication of adverse remarks 389 Uncommunicated remarks, use of 390 Representation against adverse remarks 392 Use of adverse remarks pending representation 394 Expunction of remarks, effect of 394 Weight to be given to adverse remarks 395
Power to transfer 397 Transfer to equivalent post 400 Transfer on request 401 When penal 401 Judicial review 403
District Judges 405 Subordinate Judicial Service 408 Control of High Court 408 Administrative Tribunals Act, 1985, not applicable 412
Departmental remedies 413 Administrative Tribunals 416 Suits in Civil Courts and Writs before High Courts 425 Remedies before the Supreme Court 425
The All-India Services Act, 1951 433 The Public Servants (Inquiries) Act, 1850 435 The All-India Services (Conduct) Rules, 1968 441 The All-India Services (Confidential Rolls), 1970 480 The Central Civil Services (Conduct) Rules, 1964 494 The Central Civil Services (Classification, Control and Appeal) Rules 632 The All-India Services (Conditions of Service-Residuary Matters) Rules, 1960 744 The Central Civil Services (Temporary Service) Rules, 1965 746 SUBJECT INDEX 759
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