Chapter 5: SERVICE CONDITIONS FOR CIVIL SERVICE: CONDUCT RULES

Introduction

Departmental Proceedings

Inquiry officer hears both sides and sends his findings to the disciplinary authority. The court case on the same matter is going on the department can still continue its proceedings. Similarly an employee can be punished for the same offence i.e. if he is found guilty of delaying clearances and punished the same record can be used to delay his promotion later.

Constitutional protection is present:

1. A civil servant can't be dismissed or reduced in rank by an authority subordinate to the one that appointed him.
2. He has to be given a reasonable opportunity to defend himself.
3. President can remove the officer on grounds of national security without following the standard procedure.

The investigating officer can accept evidence usually not admissible in courts like tape recorded evidence, hearsay, circumstantial evidence and accomplice testimony.

No question of territorial jurisdiction applies here i.e. even if misbehavior in a foreign country then to action can be taken.

Minor penalty: fine, censure, recover loss, withhold increment or promotion.

Major penalty: dismiss, reduce rank, compulsory retire, removal.

Conduct Rules

Conduct rules affecting official life

1. He should apply his best judgment to work. He should obtain written orders for proceeding but not when they are not necessary in scheme of work distribution.
2. He should not bring outside influence on superior and must ensure subordinates show integrity.
3. He should utilize all internal grievance redressal before seeking outside help.
4. He should not wilfully delay work.
5. He should not remain absent without authorization, engage in charity work during office hours, engage private person to do his work.
6. He must not discriminate against working women.
7. He can join authorized unions only and must not go on strike.
8. He must not accept any honor or attend any ceremony or rally for his validation without permission.
9. He can't file a defamation suit without permission.
10. He shouldn't be involved in any politics or criticise public policy.
11. He can only disclose official information as per law.
12. He can't accept money from private sources for service given without government permission. He shouldn't be involved in lending money for interest.
13. He can't promote agencies of family or relatives. He shouldn't lease official accomodation to third party.
14. Movable or immovable property should be disclosed.

Conduct rules affecting personal life

1. He must not be involved in dowry harassment, engage child labor, bigamy [needs government permission if allowed under personal law], neglect of family.
2. He can't use drugs or come to work under influence of alcohol.
3. He can't accept gifts from people involved in official dealings.
4. He shouldn't promote family or children to be employed in private agencies dealing with him in official capacity without government permission.
5. He needs to inform if working under relatives.
6. He needs to inform of arrest or detention. If in custody for more than 48 hours then automatic suspension; hour limit not applicable in dowry related cases.

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