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.
Courtesy : www.gservants.com/
