Conduct and Disciplinary Rules – Glossary D to G

Death while under suspension: If a suspended employee dies during suspension, the period of suspension should be treated as duty for all purposes and his family paid for that period full pay and allowances to which he would have been entitled had he not been suspended, adjusting the subsistence allowance already paid.

Deemed suspension: Sub-rule (2) Rule 10 of CCS (CCA) Rules creates a fiction that a government servant though not placed under suspension by an order of the competent authority, is in law regarded as having been placed under suspension by an order of the competent authority.

Defence Assistant: A Govt. servant or a retired Govt. servant or a legal practitioner assisting the delinquent Government servant in a departmental inquiry.

Delegate: A person authorized to act on behalf of or as a representative of another, the action of such authorizing.

Delegation of power-quasi-judicial: The disciplinary/appellate/reviewing authorities exercise quasi-judicial powers and as such, they cannot delegate their powers to their subordinates.

Delegation of power-quasi-judicial-partial delegation: A well-established principle in case of delegation of quasi-judicial function is that where a power is entrusted to the personal judgment of a quasi-judicial authority, such trust cannot be delegated.

However, a partial delegation has been conceded. It may not be practically possible for a quasi-judicial authority to personally hear the evidence that may be presented before it. It has accordingly been conceded that it is permissible for such authority to delegate the function of hearing parties and taking evidence, provided the authority itself gives the decision after final hearing.

Delinquent: A person who fails or neglects to do what law or obligation requires him to do; a person who is alleged to have committed a misconduct for which proceedings are initiated or continuing against him.

Demonstration is a public display of group feeling especially towards a person, cause or action of public interest.

De novo proceeding: Fresh proceeding.

Dies non: In service terms, “dies non” means a day, which cannot be treated as duty for any purpose. It does not constitute break in service. But the period treated as ‘dies non’ does not qualify as service for pensionary benefits or increment.

Disciplinary Authority: The term ‘Disciplinary Authority’ has been interpreted in the Rules to mean ‘the authority competent under these rules [CCS (CCA) Rules] to impose on a Government servant any of the penalties specified in Rule 11.

Disciplinary proceedings can be explained as the proceedings taken with a view to imposing a departmental punishment on an employee on account of some alleged misconduct. These proceedings are a matter of discipline within the organization.

Dismissal and removal from service: The only difference in the punishment of dismissal and removal is that in case of dismissal the employee is disqualified from future employment while in case of removal he is not debarred from getting future employment.”

Embezzlement: Dishonest misappropriation of property by a person who comes in possession thereof lawfully.

Evidence: Evidence means and includes

(i) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry; such statements are called oral evidence;

(ii) all documents produced for the inspection of the Court; such documents are called documentary evidence.

Examination in chief: The examination of witness by the party who calls him is known as examination-in-chief. It is a process by which a witness narrates before the Inquiry Officer the facts, which are within his personal knowledge and are relevant to the matter under inquiry. The normal procedure is that a witness should state whatever he has to say, verbally and in the presence of the inquiry officer and the charged employee.

Expedient: Advantageous; fit; proper; suitable to the circumstances of the case.

As per clause (iii) to Rule 19 of CCS (CCA) Rules where the President is satisfied that in the interest of the security of the State it is not expedient to hold any inquiry in the manner provided in CCS (CCA) Rules the disciplinary authority may consider the circumstances of the case and make such orders thereon as deems fit, notwithstanding anything contained in Rule 14 to Rule 18 of CCS (CCA) Rules.

Exonerate: To release a person or property from liability.

Ex parte enquiry: Ex parte means from or on one side only. In ex parte proceedings, the entire gamut of the enquiry has to be gone through. The difference between other enquiries in which both the sides participate and the ex parte enquiry is that in ex parte inquiry, the defence side will be absent. However, the absence of the defence side should not persuade the inquiry officer to make short of the whole proceedings and to record that the charges are established having no regard to evidence brought on record.

Expert evidence, oral or documentary is obtained on special skill or processional knowledge, which may be relevant to decide the issues in a case. Examples are opinion of a handwriting expert, a medical practitioner, architect, engineer, and the like.

Finding: The conclusion of a judicial proceeding in respect of an issue, action or trial.

Forfeiture of service: Loss of service. Generally in case of resignation, removal or dismissal from service the entire service is forfeited. In case of break in service, the past service is forfeited.

Functus officio: One who has fulfilled his office or is out of office; an authority who has performed the act authorized so that the authority is exhausted.

The Inquiring Authority in a departmental inquiry becomes functus officio after he signs and submits his report. In other words, his function and authority as inquiry officer comes to end after he signs and submits his report to the disciplinary authority.

Gherao: Gherao literally means encircle or to surround. It has been defined to mean “a physical blockade of a target, either by encirclement or forcible occupation. The target may be a place or persons, usually the managerial or supervisory staff of an industrial establishment. The blockade may be complete or partial and is invariably accompanied by wrongful restraint, and/or wrongful confinement and occasionally by assault, criminal trespass, mischief to person and property, unlawful assembly and various other criminal offences…In short to achieve the object not by peaceful means but by violence.”

Go slow strike: A planned slowing down of industrial production on the part of labour until certain demands are met.

“Wilful go slow is one of the serious misconduct which, even the Supreme Court has laid down, is a pernicious activity per se. The words “per se” are of some importance because the Supreme Court has laid down in Bharat Sugar Mills case that certain misconducts alone will warrant dismissal and in such cases, merely because the worker has put in large number of years of service will not necessarily lead to the conclusion that the order of dismissal constituted a disproportionate punishment”.

Government servant means a person who–

is a member of a Service or holds a civil post under the Union, and includes any such person on foreign service or whose services are temporarily placed at the disposal of a State Government, or a local or other authority;

is a member of a Service or holds a civil post under a State Government, and whose services are temporarily placed at the disposal of the Central Government;

is in the service of a local or other authority and whose services are temporarily placed at the disposal of the Central Government.

Grave: “Grave-held, connotes enormity of misconduct in juxtaposition with technical, trifle or misconduct simpliciter. Grave misconduct- the word grave intent to indicate super-eminent or a very high degree of misconduct.”

Gross misconduct: Misconduct of a flagrant nature.

Gross negligence: Negligence marked by total or nearly total indifference to the consequences of an act.

the words starts from H to be continued in next post…..