Rule i (i)(ii)(iii) ccs conduct rules 1964
praveenshukla
(Querist) 13 March 2015
This query is : Resolved
Respected experts here i would like to have your views on problem related to service matter.I am a central government employee working in the department of health and family welfare in a teaching post.Tutor,Gr-B.one of a senior officer in the rank of special DGHS who keeps coming to our deptt for OPD consultations has asked me orally to do an official work(which is different form my nature of duties directly) which i immediately complied and completed the initial work and reported him back on the same day.on the vary next working day i conveyed about this work to my immediate senior who transferred this work to another subordinate staff(actually posted for this work)for further procedure. i got engaged in my routine work thereafter.one month later spl.DGHS asked me about the status of the case.when in informed him about the transfer of the case to the designated subordinate staff by my immediate senior,he became aggressive and insisted that this case has to be done by me only. to my utter surprise he complained against me to the higher authorities of my institute. he kept sending the reminders to the authorities about a disciplinary action against me. a departmental preliminary inquary was set up and i submitted my points as well. as that work was the responsibility of another staff still i complied by the direction given by Spl.DGHS. Administration asked me to give a written reply again otherwise a disciplinary action will be taken by them for the violation of Rule I (i)(ii)(iii) CCS Conduct Rules 1964(dereliction and insubordination in duties).i submitted the same again. the said senior officer has been superannuated last year but he keeps sending the reminder to the administration to take a disciplinary action against me. this time the head of the institution paid some heed to his reminders and forwarded to vigilance section .though this is a 10 months old episode and that senior officer has retired what possible action administration can take against me. interestingly in the whole case my head of the deptt. didn't find any fault of me. as HOD is junior to spl.DGHS she couldn't resisted him to complain against me.
sir. please enlighten me on the above mentioned CCS conduct rule and its repercussions on my service. what legal action i can take against this senior officer who is quite arrogant and rude and has caused me a lot of mental agony and depression because of this baseless and unjustified complaints.
regards !
Guest
(Expert) 15 March 2015
The question arise, have you been charge sheeted on the alleged offence and if so Rule 14 or 16 of the CCS (CCA) Rules?
However, ror detailed discussion, if desired on phone, you may click at the link: “CLICK TO TALK” at my profile page to be accessed by clicking my name here.
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Dr J C Vashista
(Expert) 15 March 2015
You are required and advised to consult and engage a prudent (service matters) local lawyer.
Sh. PS Dhingra a very senior lawyer, has an expertise in such matters, better to contact, consult and engage him in your own interest.
Rajendra K Goyal
(Expert) 15 March 2015
Defend your self in case any chargesheet issued to you. Let the inquiry be completed and there are possibilities they may not find any fault of yours in inquiry.
praveenshukla
(Querist) 15 March 2015
respected dhingra sir thank you vary much for your guidence,i will certainly call you in some comfortable hours, sir i would like to tell you that : after the preliminary departmental enquary the file has been forwarded to the vigilance deptt by my head of the institution, i have not received any charge sheet till date,may be within a week vigilence deptt. will issue me a chargesheet/memorendum. sir, what is the relevance of this chargesheet?,when it is issued? may i still have some opportunity to prove myself innocent after this issue of this charge sheet? does a retired officer has any legal constitutional or administrative right to follow up his false and unjustified complaint? sir, i need some light on my above mentioned quarries,hope you will blessed me again.
regards !
praveenshukla
(Querist) 15 March 2015
my sincere thanks to Dr. vashista and mr rajendra goyal sir for their reply
T. Kalaiselvan, Advocate
(Expert) 17 March 2015
@Author: The retired officer though has no legal rights to pressurise the investigating officers to pursue the case vigorously, he may with his influence may put pressures to trouble and torment you which is ultimate goal. Now you have to engage a legal expert to help and guide you through the investigation now let out against you to face the challenge the charges against you. Your prudence may not help you always hence it is advised that you analyse the things properly with the help of a lawyer expert in such issues and proceed accordingly.
Guest
(Expert) 17 March 2015
Dear Praveen,
A charge sheet can be issued by the disciplinary authority on advice and recommendation of the vigilance department.
If charge sheet is issued under Rule 14 or 16, you will be asked to reply the articles of charge as made through the charge sheet. But, in the case of chrge sheet under Rule 16, your detailed reply will be treated as your final reply and the disciplinary authority will be free to issue penalty order, if found guilty.
But, in case of charge sheet under rule 14,, if you are not guilty, it is always better to reply simply that you deny the charge and write that you want to heard in person. The disciplinary authority can appoint an independent inquiry officer, if not heard by him personally. You will get appropriate opportunity to defend your case by cross-examining the witnesses produced by the prosecution to prove them as well as the listed documents, as false. The whole thing would rest on the findings of the inquiry officer as contained in his inquiry report, a copy of which will also be provided to you to represent further, if need be. The process of departmental inquiry under Rule 14 is quite lengthy where you can represent yourself by taking assistance of another serving or retired employee as your defence assistant to fight the case on your behalf just like a lawyer. So, in that case you can interact very well to defend your case.
Even in the case of rule 16, you may also adopt the same tactics where instead of detailed reply you may state that you want to be heard in person and ask the disciplinary authority to appoint an inquiry officer for the purpose. The same process will have to be used by the disciplinary authority as required under rule 14 case by appointing an I.O.
Best of luck!
