Professional Documents
Culture Documents
Art.311: central-service/state-
service/all India service member
cannot be
dismissed/removed/reduced in
rank, except after an inquiry with
Principles of natural reasonable opportunity to defend
Justice apply in every himself.
case. BUT this doesn’t always apply.
Every accused is given For example President can
the opportunity to remove an All India service
defend himself- even in officer, in the interest of national
the cases of national security -without holding any
security (e.g. Kasab, inquiry, without giving
Afzal Guru) reasonable opportunity to defend
himself, cross-examine
witnesses etc.
Jurisdiction
is territorial in nature.
e.g. Hunting bear/deer
is legal in certain states
of USA. Indian citizen Department can still take action
goes there, hunts wild for “conduct unbecoming of a
animals. Indian court government employee”.
can’t punish, when he e.g. Indian officer is sent abroad
comes back. for training and involves in those
same for smoking type of activities.
marijuana in
Netherlands and
shooting pornography
in California.
Doesn’t apply to minor cases.
e.g. Boss himself witnesses that
Judge cannot hear the matter employee has come late in the
if he himself is a witness / office/did not wear uniform/ was
complainant in that crime. sleeping on job etc. He can cut
salary.
Police/Sarkaari
Vakil will have to prove
the case beyond all Not necessary to prove the case
reasonable beyond all reasonable doubts.
doubts that accused If inquiry officer finds there is
person indeed good chance that employee did
committed the crime. the mischief=> can declare him
‘Burden of Proof’ in guilty.
establishing a case lies Decision is taken based on
on the prosecution. preponderance of probability.
Benefit of doubt goes to
the accused.
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 order on spot, then get the
written order as soon thereafter as possible.
2. Should not evade the responsibility by asking written instruction
of superior, where it is not necessary in the scheme of work
distribution. (see the first case study at bottom)
3. Must not bring outside influence upon any superior authority for
transfer, posting, promotion etc.
4. Ensure his subordinates show integrity and devotion to duty.
5. 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.)
Work related
Sexual harassment
Must not discriminate agains working woman. Must not indulge in
sexual harassment- including
1. physical contact and advances
2. a demand or request for sexual favours
3. sexually coloured remarks
4. showing pornography
5. any other unwelcome physical, verbal or non-verbal conduct of
sexual nature
Strike
Generic
Suppose public/press has made some remarks against him for his
official conduct. He cannot file defamation suit against them or make
press statements, without government permission.
Freedom of Speech
Politics
Sharemarket
Private trade
Loans related
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. Shall not use his position or influence to get job for his family
member in a public/private office.
2. needs government permission before his son / daughter to gets
job in any private undertaking that has official dealings with
government
3. make all attempts to deter his family member from joining any
organization that is involved in subversive/ criminal activities.
4. must inform his departmental authority, if he is working
with/under a government servant who happens to be his relative.
Gifts
Cases studies
Seeking written order where unnecessary
hint: Dev must not engage a private citizen to perform official duties.
Because such private citizen is not bound by the conduct rules, he
can play mischief and bring disrepute to DevAnand’s office.
Unauthorized absence #1
6. Same case like earlier. DCP DevAnand failed to arrest the Don
despite all good faith. Commissioner Pran reprimands
DevAnand in front of his staff for this #Epicfail. Dev feels
emotionally hurt, goes on a hunger strike demanding apology
from the commissioner.
hint: cannot do social work during office hours. It doesn’t matter how
noble Dev’s act is. Because taking cue from him, even other lazy
employees may also run away after lunch, in pretext of doing social
service. Thus, in the long run, this will break entire work discipline in
the office.
Seeking charity for ‘good’ cause
hint: Dev should avoid this type of frequent hospitality from a person
he has official dealings with.