Law relating to departmental enquiries

Description

The law relating to departmental enquiries (also called disciplinary proceedings) governs how misconduct or indiscipline by government or public sector employees is investigated and punished by the employer department. This area of service law is primarily administrative and procedural in nature, but is also influenced by constitutional principles like natural justice and due process.

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🔹 Key Legal Provisions

1. Constitutional Provisions

Article 311 – Protects civil servants in Union or State services from arbitrary dismissal, removal, or reduction in rank.

Requires:

A reasonable opportunity of being heard.

A formal enquiry if major penalties are imposed.

2. Service Rules & Regulations

Central Civil Services (Classification, Control and Appeal) Rules, 1965 (CCS CCA Rules) – Applies to Central Government employees.

Corresponding State Civil Services Rules for state government employees.

Conduct Rules – Prescribe standards of conduct for employees (e.g., CCS Conduct Rules, 1964).

3. Principles of Natural Justice

Audi alteram partem – Right to be heard.

Nemo judex in causa sua – No one should be a judge in their own cause.

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🔹 Stages of Departmental Enquiry

1. Preliminary Inquiry (optional):

To assess if a full-fledged disciplinary enquiry is needed.

2. Charge-Sheet / Memorandum of Charges