Conduct and Disciplinary Rules – Glossary A to G

Conduct and Disciplinary Rules
Glossary A to G 

Abet means to encourage, incite.

Abettor is one who abets the commission of a crime and is present or nearby during the act.

Absolve: To pronounce clear of guilt or blame.

Accused is a person against whom an allegation has been made that he has committed an offence or who is charged with an offence.

Acquit is to set free or deliver from the charge of an offence after trial.

Act: A law made by competent legislature.

Actori incumbit onus probandi: The burden of proof lies on the plaintiff or the prosecution.

Ad hoc disciplinary authority: In a case where the prescribed appointing or disciplinary authority is unable to function as the disciplinary authority in respect of an official, on account of his being personally concerned with the charges or being a material witness in support of the charges, then an ad hoc disciplinary authority is nominated for that case.

Adjudicate: To try and determine judicially.

Appeal: Appeal is a proceeding taken before a superior court or authority for reversing or modifying decision of an inferior court or authority on ground of error.

Appoint means to designate a person to discharge the duties of an office or trust.

Arbitrary: Depending upon the will or pleasure, based on mere opinion or preference, hence capricious.

Arbitrariness being opposed to reasonableness is an antithesis to law. There cannot, however, be any exact definition of arbitrariness, neither can there by any strait-jacket formula evolved therefor, since it is dependent on the varying facts and circumstances of each case.

Audi alteram partem means that both the sides must be heard in a case before it is decided, or that no one shall be condemned unheard. This is one of the rules of natural justice.

Bias may be defined as a preconceived opinion or a predisposition or predetermination to decide a case or an issue in particular manner, so much, so that such predisposition does not leave the mind open to conviction. It is, in fact, a condition of mind, which sways judgments and renders the judge unable to exercise impartially in a particular case.

Becoming conduct: Becoming conduct as defined in Union of India v. K.K. Garg, should conform to the four criteria, namely,

It should be in conformity with the ordinary norms of decency and morality prevalent in the society in which he lives;

It should be in consonance with the laws of the land, which he is bound to respect;

It should not be against the policies of the Govt. which he serves; and

There is not a deliberate breach of departmental rules by the employee.

Benefit of doubt: The advantage derived from doubt about guilt or a possible error of the evidence.

Bigamy: Bigamy is second marriage during the life of the spouse. It is an offence under Section 17 of the Hindu Marriage Act, 1955.

Bona fide: In good faith.

Books or documents of reference: Encyclopaedia, dictionaries and other authoritative treatises on different subjects and important and authentic documents of which the court may take judicial notice and to which it may refer without the same being formally proved.

Break in service: A period of unauthorised absence of employees working in industrial establishments during a strike which is declared illegal shall be deemed to cause an interruption or break in service unless otherwise decided by the competent authority.

In the case of other employees, unauthorised absence because of action in combination or in concerted manner shall be deemed to cause break in service.

Bribe: A reward or gift bestowed or promised with a view to perverting the judgment or decision or corrupting the conduct of a judge or other officer.

Taking or demanding bribe is a misconduct. It is also an offence punishable under Section 161 of the Indian Penal Code.

Bribery: The offer or acceptance of a bribe.

Burden of proof: The onus of proving the charges or allegations. When a person is bound to prove the existence of any fact, it is said that the burden of proof lies on that person.

It needs no emphasis that in a departmental inquiry, the onus of establishing a charge against the delinquent official is on the presenting officer or the prosecution. The finding of the inquiry officer should be based of materials presented during enquiry. If the Inquiry Officer places the onus of disproving the charge on the charged employee, the case of the department would straightaway fall.

Censure: An order of “censure” is formal and public act intended to convey that the person concerned has been guilty of some blameworthy act or omission for which it has been found necessary to award him a formal punishment, and nothing can amount to a “censure” unless it is intended to be such a formal punishment and imposed for “good and sufficient reason” after following the prescribed procedure.

Circumstantial evidence is based on circumstances, which get established by either oral or documentary evidence on the point under inquiry. Though the circumstantial evidence has to be assessed with great caution but it will be wrong to think that circumstantial evidence is weak evidence. A well-knit circumstantial evidence can reasonably lead to a correct conclusion. “For the purpose of a departmental inquiry, complaint, certainly not frivolous, but substantiated by circumstantial evidence, is enough.”

Civil Post: Civil post is a post, not connected with defence and outside the regularly constituted civil services.

Classification of Posts: Classification of civil posts under the Union as Group ‘A’, Group ‘B’, Group ‘C’ and Group ‘D’ posts.

Common Proceedings: Where two or more Government servants are concerned in any case disciplinary action may be taken against all of them in a common proceeding, under order from competent authority, in stead of separate proceeding against each of them.

Compassionate allowance is a kind of pension that may be grated to a Government servant who is dismissed or removed from service.

Complainant is the party who makes the complaint before a competent authority.

The rule is that if a general law is broken, any person has a right to complain, whether he himself has suffered a particular injury or not.

Compulsory retirement is a kind of retirement ordered as a measure of penalty under CCS (CCA) Rules.

Compulsory retirement pension is a kind of pension granted to a Government servant who is compulsorily retired from service as a measure of penalty.

Confession: The action of confessing (to own or admit as a fault) or acknowledging one’s guilt; an admission of guilt by a person who has committed a crime.

“We have the best witness in an accused who confess the charge”.

While there could be no better evidence than ones own confession, yet it is not safe to act upon the same when it is alleged to have been extracted by coercion, especially by the affected party. Such a confession could still be used, if some other independent witness had corroborated it.

Condone: To forgive, overlook, or disregard (a misconduct or offence) without protest or censure.

Condonation of break in service: The past services lost due to imposition of break in service will be allowed to count if the competent authority condones the break in service. “It is not the intention of the Government to deny the pensionary benefits to the employees is all cases of break of service. The question of condonation of break in service for the purpose of Pension Rules may be considered suo motu without waiting for a representation from the affected officials and orders issued so that the retired employees are not put to financial hardship”.

Condonation of break in service for other purposes may be considered on merits, in case of the employee making a representation expressing unqualified regret, etc.

Conduct: The way a person acts; behaviour.

Government servants are bound to conduct themselves in a way consistent with the faithful discharge of the obligations undertaken by them either expressly or impliedly in accepting the service.

Every Government servant is bound to observe certain rules of conduct and discipline both in relation to his employment and outside his employment. There exist both written (not exhaustive) and unwritten codes of conduct for them which must be observed by every Government servant.

Conduct, which has led to conviction of a Government servant: The original conduct, which constituted the offence for which the Government servant has been convicted.

Conviction itself cannot be equated with misconduct. The basis for imposing departmental penalty under Rule 19 of CCS (CCA) Rules is the conduct, which has led to the conviction and not mere conviction.

Control: Power to check or restrain; superintendence. To regulate; to govern; to have under command.

Conviction: The act of a legal tribunal adjudging a person guilty of an offence.

Criminal proceeding: A proceeding instituted and conducted for the purpose either of preventing the commission of a crime or for fixing the guilt of a crime already committed and punishing the offender.

Currency of penalty: The period for which the penalty prevails or is in currency or is operating.

Currency of penalty-promotion during: To punish a servant and at the same time to promote him during the currency of the punishment may justifiably be termed as self-contradictory.”

“In other words, a penalty of ‘Censure’ is deemed to have become final as soon as it is imposed without any further currency, likewise the penalty of recovery should not be a bar to eligibility for consideration (for promotion).”

Death while under suspension: If a suspended employee dies during suspension, the period of suspension should be treated as duty for all purposes and his family paid for that period full pay and allowances to which he would have been entitled had he not been suspended, adjusting the subsistence allowance already paid.

Deemed suspension: Sub-rule (2) Rule 10 of CCS (CCA) Rules creates a fiction that a government servant though not placed under suspension by an order of the competent authority, is in law regarded as having been placed under suspension by an order of the competent authority.

Defence Assistant: A Govt. servant or a retired Govt. servant or a legal practitioner assisting the delinquent Government servant in a departmental inquiry.

Delegate: A person authorized to act on behalf of or as a representative of another, the action of such authorizing.

Delegation of power-quasi-judicial: The disciplinary/appellate/reviewing authorities exercise quasi-judicial powers and as such, they cannot delegate their powers to their subordinates.

Delegation of power-quasi-judicial-partial delegation: A well-established principle in case of delegation of quasi-judicial function is that where a power is entrusted to the personal judgment of a quasi-judicial authority, such trust cannot be delegated.

However, a partial delegation has been conceded. It may not be practically possible for a quasi-judicial authority to personally hear the evidence that may be presented before it. It has accordingly been conceded that it is permissible for such authority to delegate the function of hearing parties and taking evidence, provided the authority itself gives the decision after final hearing.

Delinquent: A person who fails or neglects to do what law or obligation requires him to do; a person who is alleged to have committed a misconduct for which proceedings are initiated or continuing against him.

Demonstration is a public display of group feeling especially towards a person, cause or action of public interest.

De novo proceeding: Fresh proceeding.

Dies non: In service terms, “dies non” means a day, which cannot be treated as duty for any purpose. It does not constitute break in service. But the period treated as ‘dies non’ does not qualify as service for pensionary benefits or increment.

Disciplinary Authority: The term ‘Disciplinary Authority’ has been interpreted in the Rules to mean ‘the authority competent under these rules [CCS (CCA) Rules] to impose on a Government servant any of the penalties specified in Rule 11.

Disciplinary proceedings can be explained as the proceedings taken with a view to imposing a departmental punishment on an employee on account of some alleged misconduct. These proceedings are a matter of discipline within the organization.

Dismissal and removal from service: The only difference in the punishment of dismissal and removal is that in case of dismissal the employee is disqualified from future employment while in case of removal he is not debarred from getting future employment.”

Embezzlement: Dishonest misappropriation of property by a person who comes in possession thereof lawfully.

Evidence: Evidence means and includes

(i) all statements which the Court permits or requires to be made before it by witnesses, in relation to matters of fact under inquiry; such statements are called oral evidence;

(ii) all documents produced for the inspection of the Court; such documents are called documentary evidence.

Examination in chief: The examination of witness by the party who calls him is known as examination-in-chief. It is a process by which a witness narrates before the Inquiry Officer the facts, which are within his personal knowledge and are relevant to the matter under inquiry. The normal procedure is that a witness should state whatever he has to say, verbally and in the presence of the inquiry officer and the charged employee.

Expedient: Advantageous; fit; proper; suitable to the circumstances of the case.

As per clause (iii) to Rule 19 of CCS (CCA) Rules where the President is satisfied that in the interest of the security of the State it is not expedient to hold any inquiry in the manner provided in CCS (CCA) Rules the disciplinary authority may consider the circumstances of the case and make such orders thereon as deems fit, notwithstanding anything contained in Rule 14 to Rule 18 of CCS (CCA) Rules.

Exonerate: To release a person or property from liability.

Ex parte enquiry: Ex parte means from or on one side only. In ex parte proceedings, the entire gamut of the enquiry has to be gone through. The difference between other enquiries in which both the sides participate and the ex parte enquiry is that in ex parte inquiry, the defence side will be absent. However, the absence of the defence side should not persuade the inquiry officer to make short of the whole proceedings and to record that the charges are established having no regard to evidence brought on record.

Expert evidence, oral or documentary is obtained on special skill or processional knowledge, which may be relevant to decide the issues in a case. Examples are opinion of a handwriting expert, a medical practitioner, architect, engineer, and the like.

Finding: The conclusion of a judicial proceeding in respect of an issue, action or trial.

Forfeiture of service: Loss of service. Generally in case of resignation, removal or dismissal from service the entire service is forfeited. In case of break in service, the past service is forfeited.

Functus officio: One who has fulfilled his office or is out of office; an authority who has performed the act authorized so that the authority is exhausted.

The Inquiring Authority in a departmental inquiry becomes functus officio after he signs and submits his report. In other words, his function and authority as inquiry officer comes to end after he signs and submits his report to the disciplinary authority.

Gherao: Gherao literally means encircle or to surround. It has been defined to mean “a physical blockade of a target, either by encirclement or forcible occupation. The target may be a place or persons, usually the managerial or supervisory staff of an industrial establishment. The blockade may be complete or partial and is invariably accompanied by wrongful restraint, and/or wrongful confinement and occasionally by assault, criminal trespass, mischief to person and property, unlawful assembly and various other criminal offences…In short to achieve the object not by peaceful means but by violence.”

Go slow strike: A planned slowing down of industrial production on the part of labour until certain demands are met.

“Wilful go slow is one of the serious misconduct which, even the Supreme Court has laid down, is a pernicious activity per se. The words “per se” are of some importance because the Supreme Court has laid down in Bharat Sugar Mills case that certain misconducts alone will warrant dismissal and in such cases, merely because the worker has put in large number of years of service will not necessarily lead to the conclusion that the order of dismissal constituted a disproportionate punishment”.

Government servant means a person who-

is a member of a Service or holds a civil post under the Union, and includes any such person on foreign service or whose services are temporarily placed at the disposal of a State Government, or a local or other authority;

is a member of a Service or holds a civil post under a State Government, and whose services are temporarily placed at the disposal of the Central Government;

is in the service of a local or other authority and whose services are temporarily placed at the disposal of the Central Government.

Grave: “Grave-held, connotes enormity of misconduct in juxtaposition with technical, trifle or misconduct simpliciter. Grave misconduct- the word grave intent to indicate super-eminent or a very high degree of misconduct.”

Gross misconduct: Misconduct of a flagrant nature.

Gross negligence: Negligence marked by total or nearly total indifference to the consequences of an act.