PREFACE III
TABLE OF CASES XIII
CHAPTER I : GOVERNMENT SERVANTS
Who is a government servant 1
Civil Service 2
Civil post 3
Employees of statutory corporations 7
Other employees 18
Status of government servants 20
Constitutional provisions 22
CHAPTER II : SERVICE RULES
Rule-making power 28
Subject to other provisions of the Constitution 30
Rules made by the Legislature 31
Rules made under the Proviso to Article 309 by the President or
the Governor 31
Retrospective rules 34
Administrative instructions or executive orders 34
Amendment of the rules 37
Rules relating to All India Services 38
Publication of rules 39
Absence of rules 40
Validity of certain rules 40
Constitution, creation of services and posts 41
CHAPTER III : PLEASURE TENURE
Meaning of pleasure tenure 43
Position under the Government of India Acts 43
Position under the Constitution 46
Pleasure not affected by Acts or Rules made under Article 309 47
CHAPTER IV : RECRUITMENT AND APPOINTMENT
General 49
Modes of selection 51
Appointing authority 51
Selection Committee 53
Eligibility and qualifications 56
Equality of opportunity 58
Reservation of appointment and posts 62
Interview and viva voce 69
Select list and appointment 74
Consultation with Public-Service Commission 75
Approval of appointment 76
Irregular appointments cannot be validated 76
Direct recruits and promotees 76
Recruitment to subordinate judiciary 76
All India-Services 79
CHAPTER V : CONDITIONS OF SERVICE
Rules governing conditions of service 81
Meaning of conditions of service 81
Alteration in conditions of service 82
Breach of conditions of service 84
Equal pay for equal work 84
CHAPTER VI : PROBATION AND CONFIRMATION
Probation and its object 89
Period of probation 90
Confirmation 91
Continuance after expiry of probation 92
Discharge during probation 95
Termination by way of punishment 96
Reversion to substantive post 99
CHAPTER VII : TEMPORARY APPOINTMENTS
Temporary service 101
Ad hoc or stop gap appointment 102
Appointment in leave vacancy 103
Termination 103
Reversion 104
Protection of Article 311 105
CHAPTER VIII : PROMOTION
Promotion, nature of the right 106
Methods of selection for promotion 107
Sources of promotion : Quota Rule 111
Equality of opportunity 113
Qualifications for promotion 114
Panel of selection or select list 116
Next below rule 117
Order for promotion 118
Rules of natural justice 119
Promotion to selection post 119
Interference by courts 120
CHAPTER IX : SENIORITY
Seniority and its importance 122
Principles governing determination of seniority 123
Seniority of direct recruits 127
Seniority of promotees 128
Inter se seniority of direct recruits and promotees : Quota and
rota rules 130
Confirmation 136
Transfer to different departments or units 137
Alteration of seniority 138
Rules of natural justice 139
CHAPTER X : CONDUCT AND MISCONDUCT
Conduct of government servants 140
Misconduct 142
Absence from duty 145
Borrowing and lending money 146
Acquisition of property 146
Conviction 147
Corruption 148
Political activity 151
Subversive activity 153
Filing writ petition 155
Participation in strike 155
Restriction on consumption of liquor etc. 157
Second marriage 158
Misconduct involving sex 160
Securing employment by deceitful means 160
Giving wrong information at the time of appointment 160
Restriction on private trade or employment 161
Acceptance of promotion by ineligible official 161
Using unfair mean as examination 161
Carrying undeclared cash against rules 161
Failure to vacate Government quarter 162
False identification by government servant 163
Activity during lunch hour 163
Activity after office hours 163
Carelessness regarding personal cheque book 164
Negligence when amounts to misconduct 164
Lack of efficiency 165
CHAPTER XI : SUSPENSION AND SUBSISTENCE ALLOWANCE
Nature of suspension 166
Suspension under the Rules 168
Suspension pending disciplinary proceedings 169
Suspension pending criminal proceedings 171
Suspension by way of punishment 171
Deemed or automatic suspension 172
Article 311 not attracted to interim suspension 173
Authority competent to suspend 174
Duration of suspension 175
Retrospective suspension 178
Subsistence allowance 179
Pay and allowances on reinstatement 184
Reinstatement on setting aside of dismissal etc. in departmental appeal
or review 188
Reinstatement on setting aside of dismissal etc. by Court 190
Communication of suspension order 192
CHAPTER XII : DISCIPLINARY ACTION AND PENALTIES
Government's right to punish 193
Penalties that can be imposed 194
Quantum of punishment 196
Disciplinary authority 199
Article 311(1) 199
Delegation of power to punish 201
Preliminary enquiry 202
Authority competent to initiate disciplinary proceedings 204
Departmental proceedings during pendency of suit by
government servant 205
CHAPTER XIII : DEPARTMENTAL ENQUIRY
The Enquiry 206
Enquiry Officer 208
Change of Enquiry Officer 210
Bias of Enquiry Officer 211
Second or de novo enquiry 213
CHAPTER XIV : PROCEDURE FOR ENUIRY
Procedural safeguards 216
Procedure for imposition of major penalties 217
Procedure for imposition of minor penalties 218
When two alternative procedures are available 220
Rules of natural justice and bias 220
Ex parte proceedings 228
Delay in enquiry 229
CHAPTER XV : ARTICLE 311 (2)
Amendments of Article 311(2) 231
When applicable 232
Reasonable opportunity 234
CHAPTER XVI : HEARING PROCEDURES
Show-cause notice 239
The charge-sheet 242
Submission of explanation : Appointment of Enquiry Officer 244
Appearance before enquiry officer 246
Evidence for the department 250
Defence 255
Examination of the government servant 256
Arguments, oral and written 258
Proof : Appreciation of evidence 258
Enquiry report 259
Enquiry in case of criminal prosecution 263
Proceedings after retirement 267
Nature of disciplinary proceedings 270
Action on enquiry report 271
Order of punishment 273
CHAPTER XVII : DISPENSING WITH ENQUIRY ARTICLE 311(2)
SECOND PROVISO
General 277
Conduct leading to conviction : Clause (a) 280
When holding of enquiry impracticable : Clause (b) 283
Enquiry not expedient in the interests of the security of the State:
Clause (c) 289
CHAPTER XVIII : DISMISSAL AND REMOVAL
Difference between dismissal and removal 292
Authority competent to dismiss or remove 293
Reasonable opportunity before dismissal 294
Consultation with Public Service Commission 295
Dismissal or removal when justified 295
Reasons for the order 297
Retrospective dismissal is illegal 298
Dismissal without enquiry 299
Dismissal order effective only on communication 299
When termination etc. amount to dismissal or removal 300
Grounds on which order of dismissal or removal may be challenged 301
CHAPTER XIX : TERMINATION AND DISCHARGE
Termination simpliciter 303
Notice of termination 307
Authority competent to pass order 308
Discharge of probationer 308
Termination and discharge by way of punishment 310
Lifting the veil 314
When termination held to be punitive 318
When termination held not to be punitive 322
Reasons need not to given 325
CHAPTER XX : REDUCTION IN RANK AND REVERSION
Meaning of reduction in rank 326
When order amounts to reduction in rank 328
Orders not amounting to reduction in rank 328
Reversion 329
When reversion amounts to reduction in rank 331
When reversion does not amount to reduction in rank 333
CHAPTER XXI : COMPULSORY RETIREMENT
Nature and object of compulsory retirement 338
Rules and relating to compulsory retirement 341
Competent authority 346
When not punitive 346
When penal 348
Notice and payment of notice pay 354
CHAPTER XXII : SUPERANNUATION, RESIGNATION AND VOLUNTARY RETIREMENT
Rules regarding retirement 356
Retention in service after the age of retirement 360
Change in the rule regarding age of superannuation 361
Determination of date of birth 362
Voluntary retirement 366
Resignation 373
CHAPTER XXIII : MINOR PENALTIES
Minor penalties 377
Procedure 378
When procedure for imposition of major penalties initiated 379
Rules of natural justice : Speaking order 380
Censure 380
Withholding of increments of pay 381
Withholding of promotion 382
Recovery of pecuniary loss from pay 382
CHAPTER XXIV : CHARACTER ROLL ENTRIES
Nature and purpose of 384
Competent authority 387
Adverse remarks 388
Communication of adverse remarks 389
Uncommunicated remarks, use of 390
Representation against adverse remarks 392
Use of adverse remarks pending representation 394
Expunction of remarks, effect of 394
Weight to be given to adverse remarks 395
CHAPTER XXV : TRANSFER
Power to transfer 397
Transfer to equivalent post 400
Transfer on request 401
When penal 401
Judicial review 403
CHAPTER XXVI : JUDICIARY
District Judges 405
Subordinate Judicial Service 408
Control of High Court 408
Administrative Tribunals Act, 1985, not applicable 412
CHAPTER XXVII : REMEDIES
Departmental remedies 413
Administrative Tribunals 416
Suits in Civil Courts and Writs before High Courts 425
Remedies before the Supreme Court 425
APPENDICES
The All-India Services Act, 1951 433
The Public Servants (Inquiries) Act, 1850 435
The All-India Services (Conduct) Rules, 1968 441
The All-India Services (Confidential Rolls), 1970 480
The Central Civil Services (Conduct) Rules, 1964 494
The Central Civil Services (Classification, Control and Appeal) Rules 632
The All-India Services (Conditions of Service-Residuary Matters)
Rules, 1960 744
The Central Civil Services (Temporary Service) Rules, 1965 746
SUBJECT INDEX 759