Handbook on Disciplinary Proceedings

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Description
Search for the truth is the noblest occupation of man; its publication is a duty" said Madam de Stael, Swiss Author. This noblest duty is cast on the Inquiring Authorities, commonly known as Inquiry Officers. "It must be remembered that interests of administration demand that the undesirable elements are thrown out and any charge of misdemeanor is enquired into promptly. The disciplinary proceedings are meant not really to punish the guilty but to keep the administrative machinery unsullied by getting rid of bad elements." Thus, observed the Supreme Court in State of Rajasthan vs. B.K. Meena & Ors. [1996 6 SCC 417]. This Handbook was written keeping in view this nobel objective.
The response to the previous editions of this Handbook has been overwhelming and encouraging. The new executive instructions and judicial pronouncements on the subject of disciplinary proceedings, necessitated a revised edition and hence we are now pleased to present this 4th revised edition of Nabhi's HANDBOOK ON DISCIPLINARY PROCEEDINGS, 2024.
in this edition, instructions relating to the disciplinary proceedings, against Central Government employees and CPEs issued by the DoP&T and the CVC during the period from 2021 to May 2024 have been included.. Latest judgments pronounced by the Hon'ble CAT, High Courts and the Supreme Court of India, relevant to the disciplinary proceedings, have also been added. Some more new aspects, based on feedback from Inquiring Authorities, have also been discussed at relevant places in the Handbook to make it more exhaustive, but comprehensive.
Whatever be the modes of recruitment to ensure honesty, professionalism and competence of the employees at the entry points, it is an undeniable fact that with the passage of time, some of the employees turn out to be corrupt and dishonest for obvious reasons available in the public domain. Nation which runs on public money and thus responsible to the public cannot afford continuance of tainted and dishonest behavior. Here lies the need of weeding out of such employees.
Disciplinary action is a process of dealing with employees who do not comply with the conduct rules notified by an organization to maintain discipline among its employees so that goals/purposes/aims for which an organization has been established could be achieved without any hindrance as discussed in Chapter 17. Besides administrative instructions, Government of India have notified CCS (Conduct) Rules, 1964 and CCS (CCA) Rules, 1965 for Central Civil Services employees; and All India Services Conduct Rules, 1968 for AIS Officers. Field formations of the Central Government have also their own CDA Rules. These rules govern three stages of the disciplinary action: (i) investigation of the complaint and coming to the conclusion whether Suspected Public Servant could be proceeded against or not; (ii) Issuance of charge-sheet, appointment of the Inquiring Authority and completion of the proceedings to find the "truth" as per laid down process/mechanism discussed in Chapters 3 & 4; (iii) imposing notified punishment, appeal and review etc. Rule 14 of CCS (CCA) Rules, along with orders/instructions issued thereunder, embodies method/process of the disciplinary proceedings against Central Civil Services employees.
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Table of Contents
1. Disciplinary Proceedings vis-a-vis Vigilance Continuum
2. Understanding Charge-Sheet
3. Disciplinary Proceedings Mechanism
4. Do's and Don'ts for Inquiring Authority
5. Ready Reckoner for Presenting Officer (PO)
6. Do's and Don'ts for Presenting Officer
7. Appraisal of Evidence
8. Facets of Inquiry Report
9. Principles of Natural Justice vis-a-vis Disciplinary Proceedings
10. Distinction between Preliminary Inquiry and Disciplinary Proceedings
11. Distinction between Disciplinary Proceedings and Judicial Proceedings
12. Management of Delays in Disciplinary Proceedings
13. Management of Court Room
14. Epistemology of Truth in the context of Disciplinary Proceedings
15. Pitfalls which Vitiate Disciplinary Proceedings
16. Right to Information Act vis-a-vis Disciplinary Proceedings
17. Deadwood Removal
18. Making Defence Effective
19. Advice for Witness
20. Role of Disciplinary Authority in Disciplinary Proceedings
21. Learning from Lord Ganesha
22. Perfect Questions and Perfect Answers
23. Entitlement of the Inquiring Authority
24. Concepts
25. Case Law Digest
26. References
Source of Further Information
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Author Details
Geeta Ram