Government Servants Conduct Rules are such that even a law-abiding person cannot live without breaching one or other of the Rules. The superior officers who are expected to enforce these rules are ignoramuses with no knowledge of law. They act as though they are law unto themselves. They will issue suspension orders or other orders without caring to look into the legal aspects of it. Once an illegal suspension order is issued what is the remedy available to the person concerned? He can appeal to the higher authorities in the heirarchy. But it is a big question mark whether he will get relief. An alternative available to the Government servant is to go to court. A court can give immediate relief in the form of a stay order. But getting order from outside can stop his further advancement in the Government service.
Finally the Government Servant's Conduct Rules do not have the force of the law of the land. Once this was contested by Mr. Sudhir Kumar who claimed that the Constitution of India has provisions for promulgating Conduct Rules. But such provisions are temporary in nature like, say, an ordinance. The article says that pending enactment of approriate legislation by the Parliament the competent authority can make rules. But has the Parliament enacted any law? I would like to be enlightened. If any laws have been enacted, any amendment to such laws also will have to go again before the Parliament. Certain Acts of Parliament and State Legislatures require the making of corresponding Rules by the bereaucrats. But such Rules also have to be placed before the Parliament for passing. Any additions or amendments to the Rules have also to be passed by the legislature concerned. Are these things happening in the case of Government Servants' Conduct Rules. No Rules can precede action by a court of law or be over-enthusiatic to do things even before the court does.
Not only Government but even private organisations can take action if conflicts take place within the organisation. But such actions can be challenged before a court of law.
Suspension followed by Reinstatement or suspension followed by dismissal.The punishment has to be got modified by concerned judiciary and the directions therefrom has to be serviced to the Appointing Authority.for consideration.In practice the power of suspension and reinstatement can not be by a same person by post.
"Finally the Government Servant's Conduct Rules do not have the force of the law of the land. Once this was contested by Mr. Sudhir Kumar who claimed that the Constitution of India has provisions for promulgating Conduct Rules. But such provisions are temporary in nature like, say, an ordinance. "
Sorry, it is not me who claims that these rules are statutory, these are sttutory ane enforceble in court and will remain so even if I change my views. Please read first line of the rules and also provision to Article 309 of the consitution.
Sorr these rules are not really temporary in nature like, say, an ordinance in fact these rules will prevail till replaced by legislation. These rules are not at par with ordinance because ordinate has a life of 6 mopnths. There is no provision for lapse of these rules.
Qualitative comments.Yet People from administrative side become answerable to the families.In otherwords, the punishment awarded need to be within withstandable proportion.Law amy take some lenient view on case to case basis....
Here is a case.Most outstanding person has been terminated on the grounds that the concerned person is not familiar with local language,with over required qualification.Family is under where abouts not known status.The law in the end has given value to the surving children.A case brief with reasonably well compiled facts...
Generally Administration feels sad only when formal intimation is not made available by the aggrieved.That is how the operation of CCS Rules travel with more accommodative sense in the best possible mind set about families...