CONCEPTS OF MISCONDUCT

To be seen in terms of :
a)Central Civil Services(Conduct) Rules 1364.
b)C.C.S.(CCA) Rules, 136S
COMMON TERMS USED IN
VIGILANCE ADMINISTRATION
!CON!! !ot defined in rules but dictionary
meaning is unsuitable, indecorous,
improper.
!!TR!TY a) prightness, honesty or purity.
b) Decisive role in career prospects.
DOT!O!
TO DTY Faithful Service.
COMMON TERMS USED IN
VIGILANCE ADMINISTRATION
NALAF!DS a) vil motive, dishonest intention,
deliberate design.
b) Aggravates seriousness of
misconduct.
PL!C SRA!T !n performance of his official
TO ACT !! H!S duties or in exercise of his
ST ]DN!T powers conferred on him.
WRO!FL A!! ain by unlawful means
COMMON TERMS USED IN
VIGILANCE ADMINISTRATION
OOD FA!TH !othing is said to be done or
believed in good faith" which is
done or believed without due
care and attention.
ATN!T A person abets the doing of a thing, who:
!nstigates any person to do that thing
Or
ngages with person(s) in conspiracy
for doing of the thing.
Or
!ntentionally aids by any act or illegal omission,
the doing of that thing.
COMMON TERMS USED IN
VIGILANCE ADMINISTRATION
PL!C DTY Neans a duty in the discharge of
which the state, the public or
community at large has an interest.
State includes a corporation owned
by ovt. or a ovt. Company.
Administrative Nisconduct
igilance Nisconduct
Criminal Nisconduct
Nisconduct done not during
cource of employment.
DIFFERENT KINDS OF MISCONDUCTS
CARELESSNESS, GROSS NEGLIGENCE
AND MISCONDUCT
Simple carelessness may not be a misconduct.
Nisconduct is a positive action to do or not to
do something with design.
Where negligence is gross it may amount to
misconduct.
AT ACTS MAY AMOUNT TO
MISCONDUCT
Prejudicial to interests or reputation of master.
!nconsistent with due or peaceful discharge of duty
to his master.
Nakes it unsafe to retain him in service.
rossly immoral so that he can not be trusted.
Naster can not rely on faithfulness of employee.
Abusive or disturbing the peace at place of
employment.
!nsulting and wilful insubordination or disobedience.
Habitual negligence causing serious consequences.
AT ACTS MAY AMOUNT TO
MISCONDUCT
Dishonesty, untrustworthiness, infidelity,
unfaithfulness, theft, fraud.
Strike work or inciting others to strike work in
contravention to law, rule etc.
Riotous or disorderly behaviour.
Habitual late attendance.
Conviction by criminal court
NA]OR P!ALTY PROCD!!S
Noral turpitude, Lack of integrity, intellectual
dishonesty, wilful misconduct with bad
intention. Causing loss due to design.
N!!OR P!ALTY PROCD!!S
Above traits may not be there but conduct is
nevertheless blameworthy.
ROADLY
The dividing line is the presence or absence
of malafides in a case.
OW DO YOU DEC!DE WETER !N A CASE, NA]OR OR
N!NOR PENALTY PROCEED!NCS ARE TO BE !N!T!ATED
MA1OR PENALTY INQUIRY PROCEEDINGS
Common terms - !.O. - !nquiry officer
P.O. - Presenting Officer
C.O. - Charged Officer
D.A. Defence Assistant
1) There are three phases
a) Preliminary hearing
b) Regular hearing
c) Report writing by !.O.
. PREL!N!NARY EAR!NC BEFORE !.O.
!otice by !.O. (order sheet) fixing date, time and
venue, to be sent to PO/CO.
Whether CO admits or denies the charges.
!f he admits, no further inquiry necessary.
!f he denies, proceed with inquiry.
How does CO propose to defend himself - Defence
Assistant.
PO to give copies of listed documents/statements of
witnesses to CO.
Originals of listed documents to be shown by PO to
CO.
Contd.
. PREL!N!NARY EAR!NC BEFORE !.O.
Authenticity/genuineness of documents.
CO to submit his lists of defence
documents/witnesses.
!.O. to pass orders on the CO's lists and
convey them to !.O./P.O.
PO to collect from custodians defence
documents permitted by !.O. and to give their
copies to CO and advise !.O.
/ RECULAR EAR!NC BEFORE !.O.
!otice through order sheet by !.O. conveying to
PO/CO/defence assistant, dates, time and venue.
EAR!NC OF PROSECUT!ON CASE
PO to lead evidence first. Listed documents and
defence documents to be given exhibit numbers by
!.O.. Like xb.P1,P2..etc. (Prosecution documents)
and xb.D1,D2...etc (defence documents).
Contd...
/ RECULAR EAR!NC BEFORE !.O.
PROSECUT!ON W!TNESSES TO BE EXAN!NED
ONE BY ONE:
xamination in chief by PO
Crossexamination by CO/DA
Reexamination by PO
efore the hearing of prosecution case is
complete, the !.O. may request !.O. to
introduce some additional documents. !.O. may
or may not permit depending on merits.
Contd.
/ RECULAR EAR!NC BEFORE !.O.
EAR!NC OF DEFENCE CASE
This can start only after prosecution case
presentation is complete.
rief statement of defence by CO
xamination of defence witnesses one by one:
- xamination in chief by CO/DA
- Crossexamination by PO
- Reexamination by CO/DA
Contd.
/ RECULAR EAR!NC BEFORE !.O.
After all defence witnesses are examined, !.O.
to give two options to CO, namely:
CO examines himself as a defence witness
Or
!.O. to generally examine CO by putting
questions on evidence which is likely to go
against the CO and !.O. to record CO's replies.
Contd.
/ RECULAR EAR!NC BEFORE !.O.
!t is for the CO to adopt one of the above
two alternatives.
!.O. to fix time limits for PO S CO to send
their written briefs to !.O.
PO to send his written brief to !.O. and CO.
CO to send his written brief only to !.O.
(after Co receives PO's brief)
0 REPORT WR!T!NC BY !.O.
F0RHAT 0F |N0U|RY REP0RT HAY |N6LU0E0 F0LL0w|NC
Reference to appointment order of
!O/PO/Charge sheet memo.
rief History
!ature of Charges
Case on behalf of prosecution
Case on behalf of defence
Analysis of vidence on both sides by !.O.
Findings of !.O.
E88ENT|AL P0|NT8 wh|LE 00|NC ANALY8|8 0F EV|0EN6E
!.O. to read, reread evidence on both sides
till he grasps the facts.
!.O. to sift evidence to determine what is
material and relevant evidence,
documentary and oral.
To assess weightage/truth of sifted evidence,
in fair minded manner.
!ormally more weightage to documentary
evidence. !f oral evidence supports
documents, case gets strengthened
Contd.
E88ENT|AL P0|NT8 wh|LE 00|NC ANALY8|8 0F EV|0EN6E
!f charge is based only on oral evidence, !.O. has to
satisfy about the overall credibility and acceptability
of depositions of witnesses, !.O. can reject version
of a witness on the ground that it is not tenable for
reasons to be recorded.
Reasoned inferences and reasoned conclusions be
drawn by !.O.
!f !.O. concludes that charge is proved, then
he should analyse weaknesses in defence
version. !f he concludes that charge is not
proved, he should analyse weaknesses in
prosecution version.
Contd.
E88ENT|AL P0|NT8 wh|LE 00|NC ANALY8|8 0F EV|0EN6E
A wholesome, healthy analysis of evidence
on both sides.
Analysis should automatically lead to
conclusion.
Preponderence of probability.
!ormal probabilities of human behaviour.
Report writing be simple, balanced, fair, just,
judicious. !o hair splitting arguments.
Findings must be very clear. !o ambiguity
R0LE 0F 0|86|PL|NARY AUTh0R|TY
D.A. has role at various stages such as:
!NvEST!CAT!ON
Norra||y 0A's ro|e slarls Wrer lrvesl|gal|or Reporl |s pul up lo
|l.
Vay accepl or rejecl |l or cause lurlrer |rvesl|gal|or.
0A car |rslrucl lral |rvesl|gal|or oe rade or po|rls olrer lrar
lrose |r lre corp|a|rl.
0ec|des lre ralure ol pera|ly proceed|rgs - rajor or r|ror.
Corsu|lal|or W|lr CvC requ|red Wrere lre C0 cores urder
CvC Jur|sd|cl|or.
Car dec|de |r corsu|lal|or W|lr Cv0 Wrelrer lo reler case lo
C8l.
Car order suspers|or, Wrere recessary.
R0LE 0F 0|86|PL|NARY AUTh0R|TY
PREPAR!NC CARCE SEET
Should ensure that charge sheet is prepared
quickly.
Can suggest improvement upon charge sheet
prepared by igilance Division or C!.
Should apply mind while approving charge sheet.
Can order common proceedings where more than
one officer is involved in the same case.
Charge sheet has to be signed by DA in PSs,
banks, insurance companies etc. !n O!, it is
signed by authorised officers on behalf of
President.
R0LE 0F 0|86|PL|NARY AUTh0R|TY
REPLY TO CARCE SEET BY CO
DA may accept or reject it. Where DA accepts
reply, it must order dropping the charges.
Where it does not accept the reply, it must
record reasons to do so and ensure that
!.O./P.O. are appointed quickly.
Should consult CC in cases where CC had
advised to charge sheet for major P.P. and DA
wants to drop charges.
Decision on reply to minor penalty charge sheet
has to be quick.
R0LE 0F 0|86|PL|NARY AUTh0R|TY
APPO!NTNENT OF !.O./P.O.
DA to ensure quick issue of orders of
appointments of !.O./P.O..
!ormally, the !.O. may be higher in rank than
CO.
!f PO is a practicing lawyer, and if CO
wantsadvocate to defend him, the DA has to
decide it.
R0LE 0F 0|86|PL|NARY AUTh0R|TY
AFTER APPO!NTNENT OF !.O./P.O.
!f CO expresses bias against. !.O., the DA has to decide
quickly.
Request of CO to be defended by advocate is to be
decided by D.A.
DA can amend charge sheet to add more
documents/witnesses. He can instruct PO also to
introduce them in the inquiry.
!f CO repeatedly does not cooperate with inquiry, then
only !.O. can write to DA for further action.
DA need not interfere in matters which are within !.O.'s
jurisdiction.
DA to monitor quick finalisation of case by !.O. and
write to !.O. to expedite, if case is inordinately delayed.
PREVENT|VE V|C|LAN6E
WAT !S !T ?
Adoption of a package of measures
to improve systems/procedures to
reduce corruption.
PREVENT|VE V|C|LAN6E
PURPOSE OF PREvENT!vE v!C!LANCE
To bring about a higher order of
morality/rationality in public service.
Watchfulness.
Prevention better than cure.
To reduce corruption.
PREVENT|VE V|C|LAN6E
NEASURES
3ludy ol Wor||rg ol orgar|sal|or. lderl|ly sers|l|ve ard
corrupl|or prore areas.
3|rp||l|cal|or ol ru|es/procedures rav|rg |oopro|es.
0el|re dul|es/respors|o|||l|es ol posls |l poss|o|e.
Locale sers|l|ve spols.
3urpr|se |rspecl|ors.
0elecl|or ol la||ures |r qua||ly or speed ol Wor|.
Reduce d|screl|orary areas.
Corld.
PREVENT|VE V|C|LAN6E
SOURCES OF Pv WORK
Audit reports, CSA reports, technical
reports, adjudication orders etc.
Complaints.
!ntelligence.
Studies of systems/procedures.
Reports of Parliamentary Committees.
Suo moto scrutiny of tender/purchase files of
high values.
PREVENT|VE V|C|LAN6E
Pv STUD!ES ELP ORCAN!SAT!ONS
HL studies - Nanagement of scrap and
purchases of wood for
packing purpose.
Oil Company - Reimbursement of medical
claims.
!nsurance Cos. - Antedating insurance covers.
!CAC - Large !o. of studies made.
PREVENT|VE V|C|LAN6E
NANACENENT OF CONTRACTS
SUSPENSION
1. What is suspension?
2. It is a penalty?
3. Kinds oI suspension?
4. Who can suspend?
5. Position oI oIIicers lent or borrowed.
6. When Govt.-servant may be suspended.
7. Is suspension order a quasi-judicial order.
8. Purpose oI suspension.
9. ModiIication or revocation oI suspension.
Contd.
SUSPENSION
9. ModiIication or revocation oI suspension.
10. Guiding Principles Ior suspension.
11. Deemed suspension.
12. Date oI eIIect oI order or suspension.
13. Review oI suspension.
14. When it comes to an end.
15. Headquarters during suspension.
16. Can leave be granted during suspension.
Contd.
SUSPENSION
17. Resignation during suspension.
18. Voluntary retirement under FR (K).
19. EIIect on lien.
20. EIIect on pension.
21. Reaching age oI retirement while under
suspension.
22. Entitlement to travelling allowances.
Contd.
SUSPENSION
23. Appeal against suspension.
24. Payment during suspension, Suspension
allowance/DA etc.
25. Recovery Irom suspension allowance.
26. Review oI subsistence allowance.
27. Sending applications Ior Ioreign
assignment etc.
Contd.
SUSPENSION
28. Promotion during suspension.
29. Grant oI HBA during suspension.
30. Grant oI advance to purchase vehicle.
31. Can suspended employee work as deIence
assistant.
32. Can LTC be granted during suspension.
EFFECT OF PENALTIES
1. Minor and major penalties.
2. Censure, warning, record able warning
reprimand.
3. Withholding oI promotion.
4. Recovery Irom pay. Can promotion be
withheld during currency oI penalty oI
recovery.
EFFECT OF PENALTIES
5. Reduction to a lower stage oI pay upto 3
years without cumulative eIIect etc.
6. Can the increments Ialling during period
oI minor penalty oI reduction in lay be
allowed.
7. Withholding oI increments.
8. Imposition oI penalty oI withholding oI
increment one aIter another.
Contd.
EFFECT OF PENALTIES
9. EIIect oI penalty oI withholding oI
increment one aIter another.
10. Reduction to a lower stage oI pay.
11. Will penalty oI reduction to a lower stage
oI pay result in loss oI seniority.
12. Reduction in rank.
13. Can Govt.-servant be reduced in rank to a
post, which he never held beIore.
Contd.
EFFECT OF PENALTIES
14. Can you reduce an employee below the
next lower post in hierarchy.
15. Seniority in the lower post on reduction.
16. Compulsory retirement.
17. DiIIerence between compulsory
retirement, removal and dismissal.
18. Dismissal.
APPEALS
1. Cases where no appeal lines.
2. Order against which appeal lines.
3. Can appeal made be withdrawn.
4. Appellant Authorities.
5. Where disc-authority becomes appellate
authority due to promotion.
APPEALS
6. Higher authority direction suspension is
not debarred Irom Iunctioning as
Appellate Authority.
7. Period oI limitation Ior appeals.
8. From and content oI appeal.
9. Withholding oI appeals.
10. Can punishing authority make comments
on appeals.
Contd.
APPEALS
11. Consideration oI appeal.
12. A.A. to appraise evidence Ior himselI.
13. Can personal hearing be given at the stage
oI appeal.
14. Is Minister competent to dispose oI an
appeal.
15. Orders by A.A.
Contd.
APPEALS
16. Procedure Ior enhancing minor penalty to
major penalty on appeal.
17. Imposition oI a higher major penalty on
appeals.
18. Imposition oI a higher minor penalty on
appeals.
19. Quick disposal oI appeals.
REVISION/REVIEW
1. DiIIerence between revision and review.
2. Authorities competent to exercise powers
oI revision.
3. Time limit Ior revision.
4. Restrictions on power oI revision.
5. Provisions oI Review.
Thank you