Code Of Conduct Meaning, implication, examples
Next lesson will be on Types of conduct rules.
Conduct rules . Conduct Rules lay down clear principles as to . Conduct rules apply to both official AND the . If an official violates conduct rules, he may face what the Government expects from its employees personal life of the government servant. warning/disciplinary action/departmental proceedings. They are very different from regular Criminal court proceedings.
Court proceedings / Criminal trial Departmental proceedings inquiry/Misconduct Judge hears both sides Inquiry officer hears both sides Judge gives punishment. Inquiry officer doesn't give punishment. He merely sends his findings to the disciplinary authority (e.g. Secretary of the department) . e Then disciplinary authority decides punishment against the employee Article 20: Protection against Double Jeopardy applies Double jeopardy doesn't apply. e.g 1 court case is going on- yet department can start its own proceedings/inquiry 2 court acquits the accused employee- yet department can continue its proceedings/inquiry 3. Officer files bogus bill to get LTC/Travelling allowance. Department finds him guilty- orders No person can be prosecuted-p unished for same offense twice him to repay from salary, matter is considered over. (Punishment #1). But Five years hence, department refuses to give him promotion citing earlier misconduct. (punishment #2)
Art.311: central-service/state-service/all India service member cannot be dismissed/removed/reduced in rank, except after an inquiry with reasonable opportunity to defend himself. BUT this doesn't always apply. Principles of natural Justice apply in every case Every accused is given the opportunity to For example, President can remove an All India service officer, in the interest of national security-without holding any inquiry, without giving reasonable opportunity to defend himself, cross-examine witnesses etc defend himself- even in the cases of national security (e.g. Kasab, Afzal Guru) We'll see more about Art. 311 in a separate article later. Jurisdiction is territorial in nature. e.g. Hunting bear/deer is legal in certain states of USA. Indian citizen goes there, hunts wild animals. Indian court can't punish, when he comes back same for smoking marijuana in Netherlands and shooting pornography in California Department can still take action for "conduct unbecoming of a government employee". e.g. Indian officer is sent abroad for training and involves in those type of activities
Doesn't apply to minor cases Judge cannot hear the matter if he himself is a witness / complainant in that crime e.g. Boss himself witnesses that employee has come late in the office/did not wear uniform/ was sleeping on job etc. He can cut salary. the guilty employee gets Major penalty: dismiss, remove, rank reduction compulsory retirement. Minor Penalty: censure, withholding promotion/ increment, recovering loss guilty person gets jail/fine/both by the way warning, displeasure, suspension-doesn't count as punishment. We'll see more about types of penalties in a later article. PolicelSarkaari Vakil will have to prove the case Not necessary to prove the case beyond all beyond all reasonable doubts that accused person indeed committed the crime. Burden of Proof in establishing a case lies on the prosecution Benefit of doubt goes to the accused. reasonable doubts. If inquiry officer finds there is good chance that employee did the mischief> can declare him guilty. Decision is taken based on preponderance of probability
Evidence Act applies Criminal Procedure code applies Doesn't apply. Inquiry Officer can even rely on evidences that are not admissible in courts. Examples in following points: Hear-say evidence is not admissible e.g. Witness claims "someone told me that Accused person had affair with that dead woman. Hear-say evidence may be accepted in a departmental inquiry provided it has reasonable nexus and credibility. Sting operations may be admissible subject to certain criteria, such as the court being satisfied about the authenticity of the evidence and the identity of the persons depicted Inquiry officer may accept Sting operation as evidence without such caveats. He may even hold the government servant guilty- even if it is reasonable to doubt e.g. video is not showing his clear face. Tape recorded conversations are admissible in court. But there has to be strong corroborative evidences, otherwise termed as weak evidences. Tape-recorded evidence can be freely admitted without such caveats.
Can be accepted, even if document maker is not Document cannot be accepted as 'evidence' IF the person who wrote the document, is not available for cross-examination available for cross-examination. Evidence of accomplice may be accepted without corroboration Evidence of accomplice needs corroboration Circumstantial evidences enough for conviction- but must complete the chain of events Can be accepted without completing chain of events
Types of Conduct Rule in Bureaucracy Conduct rules differ from service to service. example All India services have their own conduct rules, central services have their own rules and state services have their own rules. Here goes the list of some conduct rules (not-exhaustive), that should help you write the case studies related answer in a right direction. . I've classified them into four types: conduct rules affecting your 1. office life 2. public life 3. financial life 4. personal life
Conduct Rules for Office Lifee
Respecting the hierarchy 1. Should apply his best judgment- except when acting under the direction of his superior officer. He shall obtain such direction in writing. If impracticable to get written the order on spot, then get the written order as soon thereafter as possible. Should not evade the responsibility by asking written instruction of superior, where it is not necessary for the scheme of work distribution.(case study will clear this point) Must not bring outside influence upon any superior authority for transfer, posting, promotion etc. Ensure his subordinates show integrity and devotion to duty For office matters, he must not directly approach court/tribunals for grievance redressal before exhausting remedies in the departmental hierarchy. (i.e. Complaining to his boss->his boss >his boss.. ...if none of them helps, then approach court/tribunal.) 2. 3. 4. 5.
Strike Must not join any employee union/ labor union without government permission. Must not threaten to go on strike to meet his demand/demand of any other Government servant the hunger strike, refusal to accept a salary, non-cooperation with a superior officer and other 'satyagraha' type activities also forbidden 1. 2. 3.
Conduct Rules for Public Life
Freedom of Speech Shall not divulge information he got during his official capacity to a third party- except under good faith or when required by the law / departmental rules. shall guard the official secrets. (Except where RTI applies.) Shall not make any public utterance that would embarrass relations between . o union vs state vs state o India vs foreign country o executive/Judi./legislature o Criticizing any policy of union/state government. Needs government permission before publishing book/writing in newspaper / appearing on TV - radio EXCEPT for literary, artistic or scientific character. . e He shall not do above things even anonymously or pseudonymously.
Politics . must not take part in politics must not give election fund/ assistance to any . Can vote. But must not tell his preference to other . Must not display any election symbols on his person, . Must not participate in rally, dharna-pradarshan, and political party people vehicle or home demonstration without government permission.
Property related Must furnish details about movable or immovable property bought/sold by him or his family. (including purchase, sale, renting, leasing, mortgage, gift.) 1. must not rent/lease his government quarter (house) to a third party 2. must avoid habitual indebtedness or insolvency 3. Must not make any investment/renting/leasing that is likely to embarrass or influence him in the discharge of his official duties. (same for his family member)