Regarding disciplinary action

This query is : Resolved 

12 September 2019

If a government employee continues his higher education in regular mode simultaneously along with his job without written permission from the higher authority what could be the maximum disciplinary action ?

Hemant Agarwal (Expert)
12 September 2019

1. There would be no disciplinary action, IF employee has not circumvented his routine duties for the same and not claimed any benefit relating to the higher studies, without leave.

Guest (Expert)
12 September 2019

As per conduct rules for the Government employees the act of not seeking permission for higher studies tantamount to indiscipline. Since the act is not of grave irregularity that calls for minor penalty charge sheet.
Any of the following penalties can be imposed on him for indiscipline:
(i) Censure;
(ii) Withholding of promotion;
(iii) Reduction to a lower stage in the time-scale of pay by one stage for a period not exceeding three years, without cumulative effect and not adversely affecting his pension.
(iv) Withholding of increments of pay.

Dr J C Vashista (Expert)
13 September 2019

What is your case?
If you are pursuing higher studies you must have sought permission of your head of department.
It is advisable to consult a local prudent lawyer practicing service matters for better appreciation of facts, guidance and proceeding.

Sudhir Kumar (Expert)
13 September 2019

Agreeing with Mr Dhingra I would add that the government servant instead of seeking legal views (which are against him) shall beg for mercy of the deptt so that they are kind enough to grant ex-post facto permission in that case:-

(i) there will be disciplinary action
(ii) qualification will be added to his record and he can apply through p[roper channel on any post for which the said qualification is necessary or else the dpett would neither forward such application nor accept technical resignation even if selected.

Now disagreeing with Mr Hemant Aggarwal I would add that deptt is at libety to initiate disciplinary action.

I would rather advise applicant to go through Rule 11 of CCS((CC&A) rules to see the entire list of penalties. Minor penalties are already elaborated by Mr Dhingra,.

krishna mohan (Expert)
13 September 2019

Can seek for permission to pursue if out side office hours.

Sudhir Kumar (Expert)
13 September 2019

can seek permission even if the hours are within owrking hours, provided :-
(i) permission is give; and
(ii) leave is also given.

Here the person did not seek permission.

Sudhir Kumar (Expert)
13 September 2019

The querist has not even stated how he is related to the issue.

he has just set a question paper for departmental promotion exam.

H. Baishnab (Querist)
19 September 2019

Thanks to all the experts

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