Discipline and Conduct Rules -Glossary S to W

Discipline and Conduct Rules -Glossary S to W

Schedule: An appendix to an Act of legislature or to a legal instrument containing a statement of details or taking the form of a detailed list of relevant matter.

Scope of Inquiry: As per the CCS (CCA) rules, inquiry need be conducted only in respect of such charges, which are not admitted. Further, the rules provide for a return of finding of guilt by the Inquiry Officer in respect of charges admitted by the delinquent Govt. servant. In respect of such charges, it is not necessary to introduce witnesses and documents to prove the charges.

Secondary evidence is the evidence drawn from the source, which is not primary. In the case of documents, the secondary evidence is that which is drawn from certified copies or Photostat copies. In oral evidence, the hearsay evidence will fall in this category.

Speaking order: An order, which contains matter, which is self-explanatory or illustrative of the mere direction, which is given by it, is sometimes thus called.

“Recording of reason by a quasi-judicial authority is obligatory as it ensures that the decision is reached according to law and is not a result of caprice, whim or fancy or reached on ground of policy or expediency. The necessity to record reasons is greater if the order is subject to appeal”. “It is therefore impressed upon all concerned that the authorities exercising disciplinary powers should issue self contained, speaking and reasoned orders conforming to the aforesaid legal requirements.”

A speaking order at its best be a reasonable one and at its worst a plausible one.

Standard of proof: The standard of proof required in a disciplinary inquiry is that of preponderance of probability and not proof beyond doubt.

Statute: A written law as distinguished from a customary law or law of use and wont; a subordinate legislation.

Statute law may be properly defined as the will of the Nation, expressed by the Legislation, expounded by courts. The legislature as the representative of the Nation expresses the national will by means of statutes. Those statutes are expounded by the courts so as to form the body of statute law.

Stigma: Imputation attaching to a person’s reputation, stain on one’s good name.

Sub judice: In course of trial.

Subletting includes sharing of accommodation by an allottee with another person with or without payment of licence fee by such other person.

Subordination is submission and obedience to authority.

Subordinate: Belonging to an inferior rank, grade, class or order; that is ranked lower.

“No person who is a member of a civil service of the Union or an All India Service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed.”

None of the major penalties can be imposed on a Govt. servant by an authority subordinate to the appointing authority in respect of that Govt. servant.

Subsistence grant: An authoritative bestowal of such sum as to meet the minimum requirements of life.

Suspension is the action by which a servant is kept out of duty by his master for a temporary period. The word ‘suspend’ has been defined to mean “to debar or cause to withdraw temporarily from any privilege, office or function”. The contract of employment and the master-servant relationship continues during suspension.

Tampering: Bringing improper influence to bear upon a witness as by bribery or intimidation, altering for improper purpose or in an improper way.

Tampering with the documents: In order to obviate tampering with the documents, the accused officer in a departmental proceeding should be allowed inspection of records/ documents etc. only in the presence of a responsible officer. The Inquiry officer should take sufficient precautions to ensure that the records/documents and other papers are not tampered with while the documents are under his custody or during the course of actual inquiry.

Terminate: Put an end to, conclude.

Termination of service of a temporary employee: The services of a temporary Government servant can be terminated at any time by a notice of one month in writing given either by the Government servant to the appointing authority or by the appointing authority to the Government servant.

Termination of disciplinary proceedings: Where a Government servant dies during the pendency of the inquiry i.e. without the charges being proved against him, imposition of any of the penalties prescribed under the CCS (CCA) Rules, 1965 would not be justifiable. Therefore, disciplinary proceedings should be closed immediately on the death of the alleged Government servant.

Test whether the act or omission is punishable: The test is whether the act or omission has some reasonable connection with the nature and conditions of service or whether the act or omission has cast any reflection upon the reputation of the member of the service for integrity or devotion to duty as a public servant. The test in each case will be whether the servant is conducting himself in a way consistent with the faithful discharge of his obligations undertaken by him either expressly or impliedly in accepting the service.

Transfer to a lower post: A Government servant may be transferred to a post carrying less pay than the pay of the post on which he holds a lien, on account of his inefficiency or misbehaviour or on his own written request.

Trial is a judicial examination, in accordance with law, of a cause either civil or criminal, of the issues between the parties, whether of law or fact, before a court that has jurisdiction over it.

Trespass: Doing of unlawful act or of lawful act in unlawful manner to the injury of another’s person or property or any violation or transgression of the law; passing beyond some limit, an encroachment, intrusion on or upon.

Ultra vires: Beyond the power or authority of.

Unbecoming conduct: A conduct which is indecent, reprehensible, or abominable involving moral though not legal lapses is conduct unbecoming of a Government servant.

Verbatim: Using exactly the same words. Where the statement of a witness recorded earlier during investigation or preliminary enquiry is read over to him in the presence of the inquiry officer, marked on his admission and a copy given to the charged officer and he is given an opportunity to cross examine the witness, it is not necessary that the witness should repeat verbatim the contents of the statement given by him earlier.

Victimisation is an ordinary English word, which means that a certain person has become a victim, in other words, that he has been unjustly deal with.

Vigilance means watchfulness against corruption, pilferage and intentional and non-intentional loss to the organization. The term is derived from the word ‘vigil’ which means keeping awake and watchful during the night.

Warning: Warning is an admonition or reprimand administered by any authority superior to a Govt. employee in the event of minor lapses like negligence, carelessness, lack of thoroughness, delay etc. It is an administrative device in the hands of superior authorities for cautioning the Govt. employees with a view to toning up efficiency and maintaining discipline.

Warning kept in the C.R. Dossier of a Government servant has all the attributes of a “censure”.

Willful: An act is said to be willful if it is intentional, conscious and deliberate.

Withhold: To refrain from giving, granting or permitting.

Withholding of increments of pay: An increment may be withheld from the Government servant by the competent authority if the Government servant’s conduct has not been good or his work has not been satisfactory. In ordering the withholding of an increment, the withholding authority shall state the period for which it is withheld, and whether the postponement shall have the effect of postponing future increments.

Withholding of next increment: Where by an order the ‘next increment’ due to Government servant is withheld for a specified period, all the increments falling due during that specified period would be withheld because without getting the next increment, a Government servant cannot get the increments falling after the ‘next increment’.

Withholding of increments of pay with cumulative effect: In ordering the withholding of an increment, the withholding authority shall state the period for which it is withheld, and whether the postponement shall have the effect of postponing future increments. Where increment is or increments are withheld stating that the postponement will have the effect of postponing future increments, such withholding is known as withholding of increments with cumulative effect.

“But when penalty was imposed withholding two increments i.e., for two years with cumulative effect, it would indisputably mean that the two increments earned by the employee was cut off as measure of penalty for ever in his upward march of earning higher scale of pay. In other words, the clock is put back to a lower stage in the time scale of pay and on expiry of two years the clock starts working from that stage afresh. The insidious effect of the impugned order, by necessary implication, is that the appellant employee is reduced in his time scale by two places and it is in perpetuity during the rest of the tenure of his service with a direction that two years’ increments would not be counted in his time scale of pay as a measure of penalty. The words are the skin to the language which if peeled off its true colour or its resultant effects would become apparent.”

Withholding of permission to retire: If a Government who is under suspension gives a notice for voluntary retirement from service, appropriate authority may withhold permission for his voluntary retirement. Even in case where a Government servant is suspended after giving the notice, the permission to retire voluntarily may be withheld.

Withholding of Promotion: Withholding of promotion is one of the minor penalties under Rule 11 of CCS (CCA) Rules. As per item (iii) in the explanation accompanying Rule 11, “non-promotion of Government servant, whether in a substantive or officiating capacity, after consideration of his case, to the service, grade or post for promotion to which he is eligible” shall not amount to penalty within the meaning of Rule 11.

Witness: One who furnishes evidence; one who is called upon to testify before a court.

Written brief is an overall sum up of his case by a party in disciplinary proceedings. It is submitted after the entire evidence on behalf of both the employer and the employee has been recorded and contains written arguments to sum up the effect of various facts and evidence recorded in the case.