Rule 3C (Contd.) Acts and conducts which amount to misconduct - 1. If an act or conduct is prejudicial or likely to be prejudicial to the interests of the master or to the reputation of the master. If an act or conduct is inconsistent or incompatible with the due or peaceful discharge of his duty to his master.
May 15, 2018 The officer would live by reputation built around him. In an appropriate case, there may not be sufficient evidence to take punitive disciplinary action of removal from service. But his conduct and reputation is such that his continuance in service would be a menace to public service and’injurious to public interest. Ramachandra Raju vs. State of Orissa (l 994) 3 SCC 424 Thus while considering integrity of an employee, actions or decisions taken by the employee which do not appear to be above board, complaints received against him, or suspicious property transactions, for which there may not be sufficient evidence to initiate departmental proceedings, may be taken into account.
Judgement of the Apex Court in the case of Shri K. Kandaswamy, I.P.S. (TN:1966) in K.
Kandaswamy vs Union Of India & Anr, l996 AIR 277, I995 SCC (6) l62 is relevant here. There were persistent reports of Shri Kandaswamy acquiring large assets and of his getting money from his subordinates. He also indulged in property transactions which gave rise to suspicion about his bonafides.
The Hon’ble Supreme Court upheld his compulsory retirement under provisions of the relevant Rules. Similarly, reports of conduct unbecoming of a Government servant may also form basis for compulsory retirement.
As per the Hon’ble Supreme Court in State of UP. And Others vs Vijay Kumar Jain, Appeal (civil) 2083 of 2002: If conduct of a government employee becomes unbecoming to the public interest or obstructs the efficiency in public services, the government has an absolute right to compulsorily retire such an employee in public interest. Many changes in the nomenclature and in the areas of responsibility of various departments/Ministries have taken place. In order to simplify and speed up the procedure of review, a need is felt to reconstitute the Review Committees.
In partial modification of the OM 25013/15/86-Estt (A) dated, it has been decided that the Secretaries of the Cadre Controlling Authorities will constitute Review Committees consisting of two Members at appropriate level. The Review Committees in the case of various levels of employees will be as under: (A) in case of officers holding Group A posts: (a) In r/o ACC appointees: Review Committee may be headed by the Secretary of the concerned Ministry/Department as Cadre Controlling Authority. (b) In r/o Non-ACC appointees: (i) Where there are Boards viz CBDT, CBBC, Railway Board, Postal Board, Telecom Commission, etc. The Review Committee may be headed by the Chairman of such Board.
(ii) Where no such Boards/Commissions exist, the Review Committee may be headed by Secretary of the. (B) in case of Group B (Gazetted) officers: Additional Secretary/Joint Secretary level officer will head the Review Committee. (C) In the case of Non-Gazetted employees: (i) An officer of the level of Joint Secretary will head the Committee. However in case the Appointing Authority is lower in rank than a Joint Secretary, then an officer of the level of Director/Deputy Secretary will be the head.
(ii) in the case of Non-Gazetted employees in other than centralised cadres, Head of Department/Head of the Organisation shall decide the composition of the Review Committee. CVO in the case of gazetted officers, or his representative in the case of non-gazetted officers, will be associated in case of record reflecting adversely on the integrity of any employee. In addition to the above, the Secretary of the Ministry/Department is also empowered to constitute internal committees to assist the Review Committees in reviewing the cases. These Committees will ensure that the service record of the employees being reviewed, alongwith a summary bringing out all relevant information, is submitted to the Cadre Authorities at least three months before the due date of review.
The procedure as prescribed from time to time has been consolidated and enclosed as Appendix to the OM issued by this Department on.
The Central Civil Services (Classification, Control and Appeal) Amendment Rules, 2017 THE GAZETTE OF INDIA: EXTRAORDINARY PART II—SEC. 3(i) MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS (Department of Personnel and Training) NOTIFICATION New Delhi, the 2nd June, 2017 G.S.R. 548(E).—In exercise of the powers conferred by the proviso to article 309 and clause (5) of article 148 of the Constitution, and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Classification, Control and Appeal) Rules, 1965, namely:- 1. (1) These rules may be called the Central Civil Services (Classification, Control and Appeal) Amendment Rules, 2017.
(2) They shall come into force on the date of their publication in the Official Gazette. In the Central Civil Services (Classification, Control and Appeal) Rules, 1965,- 1.
In rule 14,— (i) for sub-rule (4), the following sub-rule shall be substituted, namely:- “(4) (a) The Disciplinary Authority shall deliver or cause to be delivered to the Government servant a copy of the articles of charge, the statement of the imputations of misconduct or misbehaviour and a list of documents and witnesses by which each article or charges is proposed to be sustained.