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Guide To Departmental Enquiries Guide To Departmental Enquiries
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Guide To Departmental Enquiries
by B.R. Gupta And S.C. Bali
Edition: 2008
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Format: Paperback
Pages: 504 pages
Publisher: Jay Kay Law Reporter
Language: English
Shipping Weight: 1.000(Kg)
Date Added: 2012-09-18
Search Category: Lawbooks
Jurisdiction: Indian

With the huge expansion in disciplinary forces and Govt. Services a large number of incidents of misconduct/absentee cases are being noticed, warranting disciplinary action against them. Similarly with the vast growth of service Jurisprudence, Judicial, Quasi Judicial and Administrative Authorities dealing with Departmental enquiries, need to have thorough comprehension of case law on such matters. As such an effort has been made to bring out a handy book to meet such requirements.

The first addition was published in year 2004. In view of the positive response from our esteem readers, it became necessary to issue another edition to coup with the demand. As such this revised addition has been published, which is more exhaustive and elaborate. This edition covers the latest case law on the subject as well as some allied matters, having bearing on the subject.

Within the covers of this book the readers would find a ready recknor of case law of any topic concerning departmental enquiries, General principles governing enquiries, J&K Civil Services (Classification, Control and Appeal) Rules 1956, J&K Govt. Servant Conduct Rules 1971, J&K Commission of Enquiry Act 1961 with Rules 1964, Relevant Provisions from Police Rules pertaining to disciplinary proceedings, J&K Police Act Svt. 1983 and J&K Public Men and Public Servants Declaration of Assets and other Provisions Act, 1983 with short notes and latest case law on important points.

I hope that this book will go a long way in rendering great assistance to all those concerned with the departmental/Commission of enquiries. It will also be helpful to all those who wish to acquaint themselves with the most prevalent and practise subject. I am sure that the legal profession and the Govt. Servants would be benefited by this compilation. I am thankful to Mr. S.C Bali, Advocate for his contributions to make this book more informative and exhaustive.

B.R. Gupta, Advocate
Director, Prosecution (Retd.)
Jammu & Kashmir Police


Administrative law has come to stay as one of the main components in the administration of justice in India over the past three decades. Departmental inquiries and domestic enquiries is, therefore, a very important integral branch of administrative law and justice. To regulate millions of employees in the central Civil services, State Services, Para-forces and various Government Corporations and Companies and to maintain discipline amongst various cadres, classes and categories of employees is an uphill task. To accomplish this task Rules and Regulations have been framed to maintain discipline and uprightness in Services and any breach or deviation therefrom is dealt with under the concerned departmental/statutory Rules and Regulations, which envisage various departmental action against the erring employees.

These Rules have been framed keeping in sight the fundamental features of the Constitution of India i.e. liberty, equality and other fundamental rights. Thus the spirit of Constitution is imbibed in these Rules, at the same time Rules of Natural Justice also form an essential part of the Disciplinary/Departmental proceedings.

In Jammu and Kashmir we have two categories of Statutory Rules, which deals the Departmental Enquiries. For civil employees of all categories there are J&K Civil Services (Classifications, Conduct and Appeal) Rules 1956. These rules are also applicable to Gazetted Police Officers of J&K Police Force. For subordinate officers of Police i.e. from Constable to Inspector of Police there are separate Rules known as Jammu and Kashmir Police Rules-1960. Hence a need was felt to compile a handy book dealing exclusively with above said rules with up-to-date case law as laid down by the Honble Supreme Court as well as various High Court of the country and also fundamental principles and safeguards governing the departmental enquiries.

It is hoped that this revised edition of the book will be helpful for the Bench, Bar and all others who are dealing with such matters in their humble and precise way. At the same time it will be of great help to the members of Civil and Police services in J&K.

S.C. Bali, Advocate.
Chief Prosecuting Officer (Retd.)
Jammu & Kashmir Police

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