Government Servants: Appointment, Promotion and Disciplinary Actions

The book contains a very lucid and illustrative exposition of the subject of appointments, promotions and disciplinary action of government servants. This subject has received added importance because of the emerging growth of administrative tribunals. It is bound to be relevant not only for administrators and students of law but also for all those who are directly concerned with administration of justice. Various aspects of the character-roll entries, which are of special significance in the career of a government servant with regard to promotion, confirmation, reversion, compulsory retirement, discharge of probationer, etc., have been examined in this book. The author has also examined power of transfer, transfer to equivalent post, transfer on request and judicial review.

The book represents the outcome of a very useful study in an area which had received scant attention earlier. The chief merit of the book is the comprehension, analysis and discussion on various aspects of government servants' appointment, promotions and disciplinary actions with the help of case-law. Further, the synopsis under each chapter makes reference easy.

The author in this book has made an attempt to place in a concise and coherent form the law in respect of various problems facing the government and their servants from the stage of appointment in service to its honourable termination or otherwise with remedies for the rectification of the wrongs done or attempted to be done by either side.

• Central India Law Quarterly : It is an excellent book, very useful for both professionals and Government servants. The author has laboured hard as is amply evident from the fact that citations of both AIR and the corresponding cases in SCC are mentioned; a rare fact to be found in any other book. Since service litigation has increased in great volume, a book of this nature is a welcome sight.
  
• Kerala Law Times : This book attempts to place in a concise and precise form the law in respect of the various problems which face Government servants in their service careers. The author has endeavoured to reconcile and harmonise the various judicial decisions from the point of view of general principles and this technical and difficult subject has been presented in a very practical and interesting manner.
  
• Pioneer : In the present unique and outstanding treatise, systematically arranged and well-supported by detailed footnotes and citations of relevant court rulings of the past several decades, the learned author has made a serious attempt to expound the main principles governing almost all conceivable aspects of the law on service matters in clear and unequivocal terms so that the departmental authorities and the administrative tribunals concerned could easily digest, follow and apply them while dealing with specific cases that are referred or put before them.

                   PREFACE III
                   TABLE OF CASES XIII

                   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

                   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

                   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

                   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

                   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

                   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

                   Temporary service 101
                   Ad hoc or stop gap appointment 102
                   Appointment in leave vacancy 103
                   Termination 103
                   Reversion 104
                   Protection of Article 311 105

                   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

                   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

                   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

                   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

                   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

                   The Enquiry 206
                   Enquiry Officer 208
                   Change of Enquiry Officer 210
                   Bias of Enquiry Officer 211
                   Second or de novo enquiry 213

                   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

                   Amendments of Article 311(2) 231
                   When applicable 232
                   Reasonable opportunity 234

                   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

                   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

                   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

                   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

                   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

                   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

                   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

                   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

                   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

                   Power to transfer 397
                   Transfer to equivalent post 400
                   Transfer on request 401
                   When penal 401
                   Judicial review 403

                   District Judges 405
                   Subordinate Judicial Service 408
                   Control of High Court 408
                   Administrative Tribunals Act, 1985, not applicable 412

                   Departmental remedies 413
                   Administrative Tribunals 416
                   Suits in Civil Courts and Writs before High Courts 425
                   Remedies before the Supreme Court 425

                   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