Dear Comrades,
From today, I have decided to publish the
study materials which I have compiled and circulated to the comrades of
Tamilnadu under the NCA Balu Peravai. We are regularly conducting the classes
since July 2020 and I can proud to say that more than 100 young comrades are
now thorough with the rules and capable of drafting efficiently and beautifully
and they have totally dedicated themselves to the needy comrades in my circle.
I am really proud of those youngsters. Even today, we are conducting the
classes on Sundays every week and it is our aim to develop at least another 100
comrades within one year. We are conducting question and answer session
frequently and every week after the class there will be an interaction. A
special session is being conducted to improve the drafting skill also. There should
be no dearth of rule knowing comrades in this circle in the future. I am
dedicating the remaining part of my life to this venture and I am confident
that I could see the results in my life’s time. I am more optimistic, hopeful,
and confident. This is my lifetime ambition and drives to see more comrades
possessing knowledge and militancy.
The materials circulated to these comrades
will be published in parts regularly from today
Hope you will enjoy the materials
Regards and Respects,
Kayveeyes.
1. Conduct
& Disciplinary Rules – An introduction
PREAMBLE
It is said that the essence of Government
service is the sense of discipline to which all Government employees are
subjected and the privileges to which they are entitled to. Two sets of rules
cover the dos and don’ts for Government employees. The action to be taken for
failure to observe the dos & don’ts as also other omissions and commissions
codified. These are the CCS (Conduct) Rules, 1964 and CCS (CCA) Rules, 1965.
CCS (Conduct) Rules 1964
The Conduct expected of Government servants
is defined in CCS (Conduct) Rules 1964. Any conduct contrary to the provisions
of this Rule is construed as Misconduct. Let us discuss the definition of
Misconduct in General. What constitutes misconduct and what is not construed as
Misconduct from judicial view in the Appendix.
CCS (CCA) Rules 1965
Every Government servant is expected to
conduct himself as becoming of a Government servant as stipulated in Conduct
Rules. Accordingly, any misconduct on his/her conduct is liable for penalty.
The various procedures to be adopted before awarding punishment for misconduct
are enumerated under CCS (CCA) Rules 1965. The lawmakers have embodied adequate
protection to the workforce to ensure that innocent and honest errors in
judgment are not penalized.
How and when a charge sheet could be
issued, where a detailed enquiry is mandatory and what are the privileges
available to charged official to prove his innocence are well enumerated in CCS
(CCA) Rules 1965. But as is in vogue the officers tend to trespass the
protection and inflict punishments that shake the conscience of the common man
even trifle omissions and commissions to highlight their ego and supremacy. But
the judicial system in India quite often comes to the rescue of affected
workmen to establish what natural justice is and what amount to a violation of
natural justice in departmental enquiry.
The rules provide for the charged official
to take the help of a Defence Assistant. This facility is indeed a boon. This
form the part of the reasonable opportunity enshrined in the constitution to a
civil servant. A person in distress is seldom fit to defend himself in the long
drawn process of inquiry. It may be noted that even a good surgeon does not do
an operation on himself. A Defense Assistant is one who is thorough with
departmental rules and regulations. He should possess a fair knowledge of the
subtleties of examination and cross examination of witnesses as in criminal
trials. A person who comes forward to help his colleagues in
trouble gets the necessary training only through experience.
Need of the hour
The Service Associations should mobilise
more persons in this line and train them so that they could help fellow
employees in distress. The Branch/Divisional Secretaries should play a vital
role to safeguard the interest of members when perverse officers tend to
demoralize the workmen with their sadist actions/orders. For this, it is
necessary that at least the office bearers of the union are well conversant with
rules and procedures. These men should thereby invoke confidence among his
colleagues to combat the onslaught from the officers. The role of Defence
Assistant is to protect the interest of the charged officer and to ensure fair
play in domestic enquiry.
Let us begin our session with the
importance of Conduct Rules since most of the proceedings are initiated under
the Conduct Rules only.
Note: Comments are welcome - Kayveeyes
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