Main Project

A PROJECT REPORT ON

EVALUATION OF DISCIPLINARY PROCEEDINGS

INNUCLEAR POWER CORPORATION

OF INDIA LIMITED

ATRAJASTHAN ATOMIC POWER

STATION

A Comparative Study by

Narendra Kumar SharmaMBA, Enrollment No.510811352

Study Center : Kota(01691,RajasthanProject SupervisorShri M.N.VermaManager(HR)RR Site, Rawatbhata

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TITLE : Evaluation of Disciplinary proceedings in NPCIL- A Comparative Study

PRESENTED TO : The Director/ Coordinator(Projects)Sikkim Manipal University

DATE OF SUBMISSION

:

PURPOSE : To fulfill the requirements for the project report in the curriculum of MBA

WRITTEN BY : Narendra Kumar Sharma

UNDER THE SUPERVISION OF

: Shri M.N.Verma Manager(HRM), Rajasthan Atomic Power Station Rawatbhata Rajasthan Site, PO: Anushakti,Via: Kota, Rajasthan-323305

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ACKNOWLEDGEMENT

It is a matter of great pleasure that SIKKIM MANIPAL

UNIVERSITY has provided an opportunity to those executive who do not

have professional qualifications but are keen to acquire simultaneously with

their jobs. While making use of this opportunity, I have been given an

opportunity to prepare a Project report as part of fulfillment of MBA(HRM)

curriculum. My sincere thanks are due to those concerned personnel who

have conveyed the approval of synopsis with guide to do the Project work.

My deep gratitude are due to the people of my organization, people of my

other units located in other part of the country who have helped directly and

indirectly in completing this project report. My high obligation and sincere

thanks is for the Management of Nuclear Power Corporation of India

Limited who have been kind enough to sponsor for this Management

Programme.

I also place on record my sincere thanks for Shri M.N.Verma,

Manager(HRM) who, inspire of his high busy schedule, provided me not

only guidance but motivation also for completion of this project.

I would be failing in my duties if I forgot to express gratitude to my wife

who has always motivated me for early completion of the assignment & this

Project Report Similarly, I dedicate this project Report to my Parents and

other family members whose blessings had always been with me.

I am also extremely thankful to my section In-Charge Shri Mahavir Sharma,

Deputy Manager (HRM), Shri O.P.Baghel, Deputy Manager (HR) &

colleagues Shri K.K.Anand, Assistant Grade-2, Shri Prakash Vidhani,

Assistant Grade-2 for rendering their assistance at various stages to make

this project report more attractive and effective and in the present form of

presentation.

(Narendra Kumar Sharma)

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This is certified that the Project report entitled "Employee Job Satisfaction” at

NUCLEAR POWER CORPORATION OF INDIA LIMITED. This Project has

been completed under the able guidance and supervision of Shri Rajeev Dudhe,

Sr. Manager (HR) of Nuclear Power Corporation of India Limited, Rawatbhata

Rajasthan Site, PO: Anushakti, Via: Kota, Rajasthan-323 303 and also with the

requisite assistance from other Managers of Rawatbhata Rajasthan Site. It is

further certificated that this report was not submitted earlier either to Sikkim

Manipal University or to any other institution for said purpose.

(Rinkey Lata)Reg. No. 520951978 (Study Centre Code-1691)

Sikkim Manipal University, Kota (Raj.)

Countersigned by:

(Rajeev Dudhe)Sr. Manager (HR),

Rajesthan Atomic Power StationRawatbhata Rajasthan Site

PO: Anushakti,Via: Kota, Rajasthan-323305

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Authentication Certificate

As part of fulfillment of Master of Business Administration in (HRM) from Sikkim Manipal University, a Project was required to be prepared. For this purpose, being an executive of Personnel and Industrial Relations and having continuous experience of handling disciplinary cases for more than 5 years, it came to my mind to choose this topic for the project. With this decision, I will be killing two birds with one stone-firstly comparative study will eliminate negative aspects while dealing with disciplinary cases and secondly, my requirement of submission of Project Report will also be fulfilled.

In my first chapter i.e. Brief description of the organization, I have indicated as to why I chose this topic or what is base for writing this Project report. Apart from this, a separate chapter entitled" comparison" has been included which will be facilitating in finding out the difference between three sets of rules applicable in a single organization.

I have made efforts to include very important aspects of any domestic inquiry Principle of natural justice which many times make the whole inquiry process null and void, Cunning charged employees go on pulling the inquiries undue long. To prevent this, a separate chapter entitled" Avoiding delays and dilatory tactics" has been written. Besides, roles of Inquiry Officers, Presenting Officers and Disciplinary Authorities which are not available any where as a collection, has also been compiled with experience.

I am sure, this project report will be useful for the executives of NPCIL who are dealing with disciplinary cases.

SYNOPSIS

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EVALUATION OD DISCIPLINARY PROCEEDINGS IN NUCLEAR POWER CORPORATION OF INDIA LIMITED-A

COMPARATIVE STUDY.

1. INTRODUCTION TO THE ORGANIZATION / PROJECT.

Brief description of the Organization i.e. Nuclear Power Corporation of India Limited.

Description of the sample unit, i.e. Rajasthan Atomic Power Station and Project.

2. RATIONALE:

As a model employer, organization has to observe all the laws of the land in dealing with employees, right from their recruitment to their retirement. The employee, particularly public servants, including employees of NPCIL are a special type quite distinct from the employees in private sector, being charged with a special type of responsibility to man the Nuclear Power Stations at construction and operation stage to avoid any kind of disaster.

The NPCIL is bound by severe restraints in handling its employees and is mainly guided by the Construction of India in such matters. It has to dispense justice and fair play and avoid discrimination. At the smae time, NPCIL, in its obligation to the progress and development of the nation by producing Nuclear Energy, has to ensure that the employees behave themselves, enforce discipline and promote loyalty for the sake of smooth conduct of business of NPCIL, prevent corrupt practices and punish errant employees through appropriate disciplinary measures.

To crystal clarify the roles of Inquiry Officers, Presenting Officers and Defiance Assistants in delivering justice to accused employees.

To recommended as to whether institution of disciplinary proceedings can be avoided with any other kind of similar actions.

3. RESEARCH METHODOLOGY

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The research methodology will be partly of "exploratory research". it will be based on the experience of the undersigned gained in four different units i.e. Kakrapar Atomic Power Station, Rajasthan Atomic Power Station-3&4, Narora Atomic Power Station and Rajasthan Atomic Power Project-5&6.

In addition to above, so called experts in these areas available in different units of NPCIL will be consulted. Heads of HR 's who are generally disciplinary authority for majority of employees and are also responsible for systematic conduct of inquiry shall be consulted.

The following will be the source of data:

PRIMARY DATA:

- Discussion and consultation with the concerned dealing officers in various NPCIL units who are dealing with Disciplinary matters.

- Interaction with some of Disciplinary Authorities and Appellate Authorities.

SECONDARY DATA:

- Monthly return on disciplinary cases sent to corporate office.- CCS(CCA) Rules-1965 as model.- Other official records, annual reports etc.- Study of Procedure of other units of NPCIL to compare with the

Rajasthan Atomic Power Station.

4. SAMPLING:Rajasthan Atomic power Station, which has 4 units under operation and two units under construction and is popularly known as Nuclear City, being the biggest Nuclear Power Plant, will be used as a sample units. Other units of NPCIL located at Narora in Bulandshahar district, Kakrapar in Surat district, Tarapur in Thane district, Kalpakkam in Kanchipuram district, Kaiga in Uttar

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Kannada district and Kudankulam in Tirunalvelli district will be treated as its elements.

5. LIMITATIONS:

Though the study is limited to Nuclear Power Corporation of India Limited where NPCIL Discipline & Appeal Rules-1996 is applicable in respect of NPCIL Officers and Certified Standing Orders (wherever Certified)/Model Standing orders are applicable, it will be useful to other Government organizations also, as part of NPCIL employees who are on permanent deputation form Department of Atomic Energy are also governed by CCS(CCA)Rules-1965.

6. EXPECTED CONTRIBUTION FROM THE STUDY:

The outcome of the proposed comparative study and project work will be able to ascertain any problematic key areas due to which right rules may be applied to right class of employees, whether disciplinary actions should be used as reinforcement strategy or not in NPCIL or if it is to be used at all , where should it be used.

It is also expected to bring uniformity in all the units of NPCIL as far as application of different rules on disciplinary proceedings are concerned. Study also expects to clarify the role of IAs,POs, and DAs in discharging their duties in doing the justice to the accused.

Elimination of disciplinary actions to the bare minimum will boost the morale of employees and motivate the functions of NPCIL employees. Thus the development of the nation will bring peace and prosperity be high level of Nuclear Energy Generation.

(Narendra Kumar Sharma) (M.N.Verma)Roll No.510811352 Manager(HR),Project Guide

CONTENTS

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Chapter No. Description Page No.

01 Brief Description of the organization 11 – 17

02 Classification of posts under different

Rules

17A – 21

03 Misconducts 22 – 26

04 Comparison 27 – 38

05 Penalties 39 – 44

06 Principles of Natural Justice 45 – 53

07 Avoiding Delays & Dilatory Tactics 54 – 62

08 Roles of various authorities 63 – 73

09 Research Methodology 74 – 76

10 Recommendations 77 – 83

11 Abbreviations & Bibliography 84 – 86

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BRIEF DESCRIPTION OF THE ORGANIZATION

BRIEF DESCRIPTION OF THE ORGANIZATION

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INTRODUCTION

ABOUT THE ENTIRE ORGANIZATION

In its planned programme for steady economic development and

improvement of living standard of its people, India paid attention among other

resources in harnessing energy from ATOM, the newest and potentially and most

revolutionary source of energy in modern times.

The Atomic Energy programme started in the year 1944, when Dr. Homi

Jehangir Bhabha proposed for Nuclear Research in India. Soon after

independence, an Atomic Energy Act was passed in April 1948 with the object of

development of atomic energy for peaceful purposes. As per the terms of this

Act, an Atomic Energy Commission was set up in August 1948 by the Govt. of

India. The commission was to protect the interests of the country in connection

with the Nuclear Energy, searching and extracting of minerals and to make

research and development related to Nuclear energy. To carry out these

functions, Department of Atomic Energy was established on 03.08.1954 with

followings aims:

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i. Administration of Atomic Energy Act including control of

radio active substances and regulation of their possessions, use, disposals

and transportation.

ii. Research Atomic Energy and its use in Agriculture, Biology

industries and medicines

iii. Generation of electricity through use of Atomic Energy.

iv. Design, construction and operation of research, developments

and power reactors.

v. Supervision of Heavy Water Boards and other institutions like

IRE-Indian Rare Earth Limited, ECIL-Electronics Corporation of India

Limited, UCIL-Uranium Corporation of India Limited, SINP- Saha Institute

of Nuclear Physics etc.

Department of Atomic Energy is a very vast department as can be seen from

Annexure-II. To facilitate DAE in achieving its aims more effectively and also

with an intention of raising funds from the Capital market required for the

programme Nuclear Power Corporation of India Limited (NPCIL) was formed

an registered under the Company’s Act 1956 on 17th September, 1987 with an

authorized share capital of Rs. 2000/- crores. Thus, now Nuclear Power

Corporation of India Limited is a public sector enterprise of Central

Government under the administrative control of Department of Atomic Energy

with an objective of “Generation of Electricity through the use of nuclear

energy by designing, constructing and operating reactors and other Peaceful and

constructive use of atomic energy in the field of agriculture, medicines etc.

NPCIL had its registered office at New Delhi but it has been changed now to

Mumbai with its Head Office in Mumbai. All the nuclear power projects and

stations under the control of DAE have been transferred to NPCIL Units after

formation. The different units of NPCIL with its capacity are as under:

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Sl. No.

Station with locations No. of Reactors

CapacityReactor-

IReactor-

II1 Tarapur Atomic Power Station-1&2,

Distt. Thane, MaharashtraTWO 160

MWe160 MWe

2 Tarapur Atomic Power Station-3&4, Distt. Thane, Maharashtra

TWO 540 MWe

540 MWe

3 Rajasthan Atomic Power Station-1&2, Distt. Chittorgarh, Rajasthan

TWO 100 MWe

200 MWe

4 Madras Atomic Power Station, Distt. Chingleput, Tamilnadu

TWO 170 MWe

220 MWe

5 Narora Atomic Power Station, Distt. Bulandshahar, Uttar Pradesh

TWO 220 MWe

220 MWe

6 Kakarapar Atomic Power Station, Distt. Surat, Gujrat

TWO 220 MWe

220 MWe

7 Kaiga Generating Station 1&2, Distt. Uttar Kannada, Karnataka

TWO 220 MWe

220 MWe

8 Kaiga Generating Project 3&4, Distt. Uttar Kannada, Karnataka

TWO 220 MWe

220 MWe

9 Rajasthan Atomic Power Station-3&4, Distt. Chittorgarh, Rajasthan

TWO 200 MWe

220 MWe

UNITS UNDER CONSTRUCTION

Sl. No.

Station with locations No. of Reactors

CapacityReactor-

IReactor-

IIRajasthan Atomic Power Project-5&6, Distt. Chittorgarh, Rajasthan

TWO 200 MWe

220 MWe

Kudankulam Atomic Power Project, Distt. Nagarcoil, Tamilnadu

TWO 1000 MWe

1000 MWe

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ABOUT THE UNIT CONCERNED FOR THE PROJECT REPORT

Rajasthan Atomic Power Station which is the first unit of Department of Atomic

Energy is today very popular not only on the map of Rajasthan but on the map of

India as biggest Nuclear Centre of the world and popularly known as Anu

Nagari. It is situated about 50 Kms from Kota City which is very popular for

Kota Stone and is actually in the Chittorgarh district of Rajasthan State.

The Station has 4 units running and two more units of 220 MWe are at the

advanced stage of construction and it is expected that these twin units under

construction will start generating electricity very shortly. The total man power

the station is about 2800 comprises Scientists, supervisors, technicians, Manager

and administrative assistants. The station has got multi residential colonies well

maintained, and horticulture.

The diversified activities of this station have recently been unified and functions

which were common in nature have been integrated and switched over under the

one umbrella. Personnel functions, Finance related functions and materials

procurement activities have been integrated along with the common of facilities.

It is really a unique station in many matters compared to other units of the

NPCIL.

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ABOUT THE BASE FOR THIS PROJECT REPORT

Before 17th September, 1987, this was under the direct control of Department of

Atomic Energy and under the label of Government of India. The employees were

governed by rules and regulations, which were applicable to the employees of

Central Government i.e. under the Central Civil Services (CCS). As far as rules

relating to conduct and disciplines were concerned, Central Civil Services

(Conduct) Rules-1964 and Central Civil Services (Classification, Control &

Appeals) Rules – 1965 were applicable to discipline the employees from

misconduct etc. on formation of the Corporation, it was decided that till

Corporation frames its own rules, only Govt. rules shall be followed.

At a later date, NPCIL Board, in its 46 th meeting held on 28th December,

1994 approved NPCIL (Conduct) Rules-1994. Corporate Office of the

Corporation vide their letter No. NPC/CO/231/PER/95/89 dated March 1, 1995

notified.

NPCIL (Conduct) Rules-1994, subsequently, a resolution was also

passed by NPCIL Board at its 77th meeting held on 27.09.2000 approving NPCIL

(Conduct) Rules-1994. Notification of mere NPCIL (Conduct) Rules was not

sufficient, but a rule that is commensurate to Central Civil Services

(Classification, Control & Appeals) Rules – 1965 was also to be notified by the

NPCIL so that full-fledged NPCIL discipline rules are implemented in the

Corporation to discipline its employees.

Finally, NPCIL (DISCIPLINE & APPEAL) RULES- 1996 was formulated

with resolution by NPCIL Board in its 54th meeting held on 5th September, 1996.

In a resolution by Board in its 84th meeting held on 28th November, 2001

approved amendments to the NPCIL (Discipline & Appeal) Rules 1996.

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But the unfortunate thing even after notification of these Conduct and Discipline

& Appeal Rules was that these rules were applicable to the officers only of the

Corporation. There were no rules to regulate and discipline the workers of the

Corporation which were in good numbers. However, subsequently, it was

decided that workers will be governed by the Certified Standing orders of the

respective units and process to certify the Standing orders from various units

were initiated by the Corporation. Almost all units started the process of

certification of standing orders but due to Industrial dispute filed by the units, the

work of certification is still not completed except KAPS where there was some

problem in the union office bearers and they did not respond to the notices issued

by the Regional Labour Commission (Central) Ahmedabad nor they could

register any protest and after a long waiting period, the RLC (Central),

Ahmedabad certified the standing orders for KAPS.

The above being the situation, categories of the employees widened with reference to Conduct

Rules and Appeal Rules. Different kind of employees were to be regulated by different sets of

the rules

Sl. No.

Category of employee Conduct Rules Appeal Rules

1 Employee not

absorbed in NPCIL

CCS (Conduct) Rules-

1964

CCS (CCA) Rules-1965

2 Employees opting to

join NPCIL on

permanent deputation

CCS (Conduct) Rules-

1964

CCS (CCA) Rules-1965

3 Workmen absorbed in

NPCIL and recruited in

NPCIL

The industrial

(Employment Standing

Orders) Act-1946

The industrial

(Employment Standing

Orders) Act-1946

4 Officers absorbed in

NPCIL and recruited in

NPCIL

NPCIL (Conduct) Rules-

1994

NPCIL (Discipline &

Appeal) Rules-1996

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Due to application of variety of Rules to different sets of employees, it had

become quite difficult to apply relevant rules on concerned employees by the

various units. As I have experience of four different units and particularly dealing

with this delicate subject, I was surprised to note that different units have been

applying wrong rules to the employees for initiating disciplinary action. Due to

this, following serious lapses on the part of employer were noticed.

Application of wrong rules prevailed

Employees who were illiterate or less educated and not having the knowledge

of disciplinary proceedings were booked and punished by the different rules

Impartiality in the application of rules germinated

There remained threat of challenge for irrelevant application of rules

Some of the sharp and cunning employees managed to quash the action of the

Management on the notion of wrong application of rules

Some employees who were imposed penalties of major nature like, dismissal

and removal or withholding of increments adversely affecting the career

opportunity approached Court of Law and action of management were set

aside though action and procedures of the management were perfectly alright

except application of relevant rules

Sometimes, employees were awarded punishments not commensurate to the

gravity of offence.

These are some of the points which made me to think and analyse disciplinary

proceedings being initiated in Nuclear Power Corporation of India Limited with a

view to bring uniformity in application of rules and also to brig out some

suggestive points for the benefit of the Presenting Officers, Inquiry Officers and

Disciplinary Authorities. Hence, this project report

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CLASSIFICATION OF POSTS

Classification according to CCS (CCA) Rules – 1965 :-Sl. No.

Description of Post Classification of Posts

1 A central civil post carrying a pay or scale of pay

with a maximum of not less than Rs. 13,500/-

Group A


with a maximum of not less than Rs. 9,000/- but less

than Rs. 13,500/-

Group B


with a maximum of not less than Rs. 4,000/- but less

than Rs. 9,000/-

Group C


with a maximum of which is Rs. 4,000/- or less

Group D

Classification according to NPCIL (Discipline & Appeal) Rules –1996

The post under the Corporation other than those held by persons to who these

rules do not apply, shall be a general or special order of the board be classified as

below :-

GROUP ‘A’

GROUP ‘B’

GROUP ‘C’

All posts in NPCIL shall be classified as follows(Pre-revised) :-

Sl. No.

Description of Post Classification of Posts

1 Post carrying a pay or scale of pay with a maximum

of not less than Rs. 13,500/-

Group A


of not less than Rs. 9,000/- but less than Rs. 13,500/-

Group B


of not less than Rs. 4,000/- but less than Rs. 9,000/-

Group C

Classification of workmen according to the Industrial Employment (Standing

Orders) Central Rules, 1946.

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1. Permanent Workman

2. Probationers

3. Badlis

4. Temporary

5. Casual

6. Apprentices

From the above classification we can see that according to Central Civil Services

(Classification, Control & Appeals) Rules 1965, there have been 4 groups i.e.

Group ‘A’, ‘B’, ‘C’ & ‘D’. However, NPCIL (Discipline & Appeal) Rules, 1965

which has been formed on the line of CCS (CCA) Rules 1965 has classified only

3 group of employees i.e. Group ‘A’, ‘B’ & ‘C’. Similarly, Industrial

Employment (Standing Orders) Central Rules-1946 does not provide such

classification. It h as only classified workmen. The purpose of classification of

such posts under CCS (CCA) Rules-1965 & NPCIL (Discipline & Appeal)

Rules, 1996, is to ensure and decide as to who will be Competent Authority to

initiate disciplinary proceedings and impose penalties for different posts,

similarly, who will be prescribed Authority for giving permission for acquiring

movable and immovable property for which posts. Any lapse in initiating the

action and imposing the penalty by a non –proper and in-Competent Authority

will make the action null and void, as this will attract the provision of Article-311

of constitutional Provision article –311 of the Constitution gives two fold

protection to the Civil Servants :-

b) Against dismissal or removal of a civil servant by an authority subordinate to that by which he was appointed

c) Against dismissal, removal or reduction in rank without giving him an adequate opportunity of being heard in regard to the action proposed to be taken against him.

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The said protection has been granted as under :-

a) No person who is a member of a civil service of the union or an all India

service or a civil service of a state or holds a civil post under the union or a

state shall be dismissed or removed be an authority subordinate to that by

which he was appointed.

b) No such person as foresaid shall be dismissed or removed or reduced in

rank except after an inquiry in which he has been informed of the charges

framed against him and given a reasonable opportunity of being heard in

respect of those charges.

There being the above provision, any deviation from the right application of

Rules may make the whole disciplinary proceedings hull and void. In addition, in

may also drag the actions to Court of Law.

Example : - A female employee of the organization in Group ‘C’ employ marred

to a person who was serving in Delhi secretariat. After the marriage she was

forced to stay at Delhi with her husband and remained continuously absent

unauthorisedly. This was the sate of notification of new rules on disciplinary

matters and nobody was sure as to under what rules the memorandum of charge

sheet is to be issued and proceedings to be initiated.

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The charge sheet was issued under NPCIL (Discipline & Appeal) Rules, 1996

which were not at all applicable to the accused employee. The said rules are

applicable to the officers of NPCIL and officers who had opted to join

Corporation at the enmass transfer of DAE employees to Corporation. The

proceedings continued for about one year ex-parte and final decisions were about

to be taken, when a letter was received from the shrewd husband of the accused

employee stating that they are willing to co-operate during the inquiry if it is

under the relevant rules applicable to such employees. Fortunately, disciplinary

authority got changed and new disciplinary authority was thorough in the rules

who immediately dropped the charges framed under wrong rules. After some

time, fresh charge sheet was issued under relevant rules and matter could be

concluded in accordance with the procedure.

Apart from the above case, there were many other incidents where employees

were imposed minor penalties under wrong rules but due to lack of knowledge

neither they could protest nor it could be revised. But one thing was clear that

they had committed the offence worth punishing and this may be the reason of

the silence.

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MISCONDUCTS

MISCONDUCTS

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Misconducts under different rules have been different. Let us see one by one.

Since our main purpose is comparative study, we are tabulating the misconducts

in the following tabular form.

Misconducts under different rules:-

Under CCS (Conduct Rules)-1964

1. The insulting and insubordination to such a degree as to be

incompatible with the continuance of the relation of master and servant.

2. Habitually negligent in respect of the duties for which he is

engaged

3. Willful insubordination or disobedience, whether alone or in

combination with others, to any lawful and reasonable orders of superior

4. Infidelity, unfaithfulness, dishonesty, untrustworthiness, theft and

fraud, or dishonesty in connection with the employer’s business or

property.

5. Strike, picketing, gherao, striking work or inciting others to strike

work in contravention of the provisions of any law, or rule having the force

of law.

6. Gross moral misconduct, acts subversive of discipline, riotous or

disorderly behavior during working hours at the establishment or any act

subversive of discipline.

7. Riotous and disorderly behavior during and after the office hours

or office premises.

8. Habitual late attendance.

9. Negligence or neglect of work or duty amounting to misconduct –

Habitual negligence or neglect of work

10. Habitual absence without permission and overstaying leave

11. Conviction by a Criminal Court.

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UNDER NPCIL (CONDUCT) RULES

a) Theft, fraud or misappropriation or dishonesty in connection with the

business or property of the Corporation or of property of another person

within the premises of the Corporation.

b) Taking or giving bribes or any illegal gratification

c) Possession of pecuniary resources or property disproportionate to the

known source of income by the employee or on his behalf by another

person, which the employee cannot satisfactorily account for.

d) Furnishing false information regarding name, age, father’s name,

qualification, previous service or any other matter germane to the

employment at the time of employment or during the course of

employment.

e) Acting in a manner prejudicial to the interest of the Corporation.

f) Willful insubordination or disobedience, whether or not in combination

with others, or any lawful and reasonable order of his superior.

g) Habitual late or irregular attendance.

h) Sabotage or damage to any property of the Corporation

i) Interference or tampering with any safety devices installed in or about the

premises of the Corporation.

j) Riotous or disorderly or indecent behavior in the premises of the

Corporation or outside such premises where such behavior is related to or

connected with the employment.

k) Gambling within the premises or the Corporation.

l) Smoking within the premises of the Corporation where it is prohibited

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m) Collection, without the permission of the Prescribed Authority, of any

money within the premises of the Corporation except as sanctioned by any

law of the land for the time being in the force or rules of the Corporation.

n) Sleeping while on duty

o) Commission of any act which amounts to a criminal offence involving

moral turpitude.

p) Absence from the employee’s appointed place of work without permission

or sufficient cause.

q) Purchasing properties, machinery, store etc. from or selling properties,

machinery, stores etc. to the Corporation either directly or indirectly

without seeking permission in writing from the Prescribed Authority.

r) Commission of any act subversive of discipline or of good behavior

including during lunch break.

s) Abetment or attempt to abetment of any act which amounts to misconduct.

t) Refusal to accept any communication from the official superiors.

u) Failure to put on the uniforms/ protective clothing/ safety gears, provided

by the Corporation and putting on them while not on duty.

v) Failure to follow Safety Rules / Regulations / precautions laid down by the

Corporation.

w) Unauthorised custody and use of the Company’s equipment, tools,

residential premises allotted to the employee, office premises, land etc.

x) Subletting or sharing of residential accommodation allotted to the

employee without the approval of the Corporation

y) Joint representation in matters of common interest.

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UNDER INDUSTRIAL EMPLOYMENT STANDING ORDERS ACT & MODEL STANDING ORDERS – 1946 :-

a) Willful in subordination or dis-obedience, whether alone or in combination

with others, to any lawful and reasonable order of a superior.

b) Theft, fraud, or dishonesty in connection with the employers’ business or

property.

c) Willful damage to or loss of employer’s goods or property.

d) Taking or giving bribes or any illegal gratification

e) Habitual absence without leave or absence without leave for more than 10

days

f) Habitual late attendance

g) Habitual breach of any law applicable to the establishment

h) Riotous or disorderly behavior during working hours at the establishment

or any act subversive of discipline.

i) Habitual negligence or neglect of work

j) Frequent repetition of any act or omission for which a fine may be

imposed to a maximum of 2 percent of the wages in a month

k) Striking work or inciting others to strike work in contravention of the

provisions of any law, or rule having the force of law.

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COMPARISON

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The comparative study is quite essential as Industrial Employment (Standing

Orders) Act-1946 which is applicable to industrial workers have been made

compulsory to NPCIL employees in the absence of any rule in this regard. The

main reason for making this Act applicable to NPCIL is that an industrial dispute

has been pending for certification of standing orders for NPCIL. Following are

the comparison which brings out the deficiency due to applicability of Industrial

Employment (Standing Orders) Act-1946.

COMPARISON – 01

Central Civil Services (Conduct) Rules – 1964 and NPCIL (Conduct) Rules 1994

provides that “possession of pecuniary resources or property disproportionate to

the known sources of income by the employee” will be a grave misconduct.

However, this clause is not applicable to workers in the small or other industries

where wages of workers are very less, in NPCIL it is applicable to workmen on

following grounds :

Workmen of NPCIL are highly paid,

They are earning good overtime allowance, some times equal to their wages or

slightly lesser than that.

Free Medical Facility

More than Rs. 20,000/- incentive per annum.

Page 28 of 87

These lucrative wages, and attractive perquisites attract them to acquire property

beyond their reach and some times it leads to violation of the provision of

disproportionate to the known source of income. However, their being no

provision under Industrial Employment (Standing Orders) Act-1946, workers are

safe from action on this count. Whereas, junior officers who are not getting any

overtime allowance are governed by the Rule. Thus there is disparity in

applicability of rules and creates grouse among other class of employees

COMPARISON – 2

In a major way, we can divide employees of NPCIL into following two broad

categories for the purpose of conduct Rules and Discipline & Appeal Rules as

under

Sl. No. Officers Non-Officers

01. NPCIL (Conduct) Rules-

1994 applies

Industrial Employment

(Standing Order) Act-1946

applies

There are following misconducts which are available under CCS (Conduct)

Rules-1964 and NPCIL (Conduct) Rules – 1994 but not available under

Industrial Employment (Standing Orders) Act – 1946.

Furnishing false information regarding name, age, fathers’ name,

qualification etc.

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Sleeping while on duty.

Sub-letting or renting their residential accommodation.

Due to this, step motherly treatment is given to the employees working together,

just because of their classification. Whereas, CCS (Conduct) Rules – 1964 which

is applicable to Govt. Employees covers all employees let it be Chief of the

department or a simple helper/peon of the organization. With this, we can see that

NPCIL (Conduct) Rules-1994 which is covering almost all things does not apply

to the workmen of the Corporation. And, Industrial Employment (Standing

Orders) Act – 1946 which does not cover all aspects of NPCIL or in other words

has narrow applications, regulates the conduct and behaviour of NPCIL

employees.

PROBLEM – 1

We can seen that “Furnishing false information regarding name, age, fathers’

name, qualification etc.” is not a misconduct under Industrial Employment

(Standing Orders) Act – 1946. But it is of great importance in NPCIL. In case of

normal industry if a workman furnishes wrong information it may not make

much difference as workman has to do not much skilled job. However, in NPCIL

if a 10th pass person, by furnishing wrong information gets an employment with

NPCIL, he may not be able to perform the same kind of job as is required to be

performed by a person of high prudence. NPCIL Projects are highly

sophisticated, highly enriched in technology and computer education that where

skilled persons are required, no ordinary substitute will fill the gape. There are

risks of mistake by unskilled person and a person of less qualification.

By any chance, if some thing wrong happens, there is no provision available to

take action under this act. It is immaterial that we may take action under

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negligence, lack of devotion etc. thus, Industrial Employment (Standing Orders)

Act – 1946 is not suitable for NPCIL.

PROBLEM – 2 :

“Sleeping while on duty” is a misconduct under NPCI (Conduct) Rules but not

under Industrial Employment (Standing Orders) Act – 1946. in small industries

or private industries where workmen are under the direct control and supervision

of their superiors, they are not getting opportunity for this mis-conduct. However,

in NPCIL the work is scattered at different locations and in round the clock shift

in such a way that supervisor cannot reach there. Only self efficiency is the main

solution. Notwithstanding the above, if worker sleeps on duty in NPCIL, there

being no provision available in Industrial Employment (Standing Orders) Act –

1946, the worker can not be proceeded against under the right clause. It is

different aspect that management may initiate action for lack of devotion to duty

etc. or under clause (I) that is “habitual negligence or neglect of work”. But when

this right clause is available under NPCIL (Conduct) Rules –1994, and at present

which applies to officers only may be more suitable and authentic for the

purpose.

PROBLEM – 3 :

Similarly, subletting and renting accommodation is not a misconduct under

Industrial Employment (Standing Orders) Act – 1946, which is at present

applicable to workmen of NPCIL employees. Whereas, NPCIL almost all

employees are given departmental accommodation as this organization has

beautiful residential colonies for its employees. It has been seen that in almost all

units of NPCIL, Group ‘D’ employees are appointed either from land affected

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group or local people. Generally, they have their house, agricultural land, cattle

wealth and they prefer to stay in their villages only. On the otherside, they take

departmental accommodation and sublet it or give this on rent to contractors who

are working for NPCIL at very handsome rent.

In such a situation, only action that can be initiated against the erring workman is

under the terms and conditions of allotment of accommodation. But no action can

be initiated under conduct rules. For example during my posting at Narora

Atomic Power Station in Bulandshahr Dist. Of Uttar Pradesh, there were about

75 local employees who had rented their accommodation to private individuals.

No disciplinary action could be taken against them for their this grave mis-

conduct. It was, for this reason, very tough to have them evicted from the

quarters. Finding no solution, we had to take action “Unauthorised occupants”

eviction Act “and imposed recovery of market rent from these defaulters and then

succeeded in getting the quarters vacated.

Thus, non-coverage of this provision for NPCIL employees is an inherent lacuna

which can only be fulfilled once, NPCIL gets its Standing Orders certified.

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CASE STUDYCASE NO.1

CASE : An employee of Narora Atomic Power Station who was on

permanent deputation from Department of Atomic Energy to

NPCIL was charge-sheeted for refusing to carryout the

assignments given from his superiors on many occasions.

INQUIRY : An inquiry was conducted in which the employee had not

participated and the inquiry proceedings were conducted

exparte. The charges were held as proved.

OUTCOME : The Inquiry Report of the employee was sent to his cadre

controlling authority in Department of Atomic Energy where

it was found that the inquiry report was not in the prescribed

format and was sent back to I.O. for re-submission. On the

second time the inquiry report submitted by I.O. was again

sent back by DAE with an observation that the evidences

have not been analyzed and with these corrections third time

the inquiry report was submitted to DAE. In the mean time

the employee was repatriated to his parent Department and

penalty of dismissal was imposed upon him.

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CASE NO.2

CASE : Mr. X an employee of Kakrapar Atomic Power Station was

charge-sheeted for false submission of Leave Travel

Concession (LTC) claim. The charge was that he had

traveled in lower class of accommodation by train and has

claimed the LTC for higher class of accommodation. The

charge-sheet was for the major penalty.

INQUIRY : An inquiry was conducted in this regard and Inquiry Officer

held the charges as proved against the employee.

OUTCOME : Employee was awarded the penalty of dismissal from

service against which he has made an appeal to the

Department of Atomic Energy and his appeal was quashed.

The employee has also filed as case in Central

Administrative Tribunal (CAT) from where the application

filed by him was entertained and the action of the

management was upheld by the CAT.

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CASE NO.3

CASE : Mr. X of Kakrapar Atomic Power Station was charge-

sheeted for visiting foreign country without previous

knowledge of organization and the charge-sheet was issued

under major penalty.

INQUIRY : In this case the charged official has accepted the charges

framed against him and hence no inquiry was conducted.

OUTCOME : Based on the acceptance of the charges leveled against the

charged official he was imposed major penalty of dismissal

from services.

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CASE NO. 4

CASE : An employee of Tarapur Atomic Power Project-3&4 was

charge-sheeted for casting aspersion on Senior Officers and

blaming the father of nation for division of India.

INQUIRY : An inquiry in this regard was conducted and the charges

leveled against him were proved.

OUTCOME : The employee was imposed penalty of dismissal from

service against which he has preferred an appeal to

Appellate Authority and his appeal was dismissed. The

charged official was also giving an opportunity of personal

hearing as requested by him. The charged official filed a

case in Central Administrative Tribunal (CAT) which is

pending.

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CASE NO. 5

CASE : Mr. X and Y of Rajasthan Atomic Power Station were

charge-sheeted for mis-appropriation of Corporation money

for major penalty. They were indulged in submission of false

medical TA claims and also fabricating the figures in PF

Balance.

INQUIRY : An inquiry was conducted against both of the employees and

charges were held as proved and the employees had also

accepted the charges framed against them.

OUTCOME : Both of the employees were dismissed from service. They

had filed an appeal to the Appellate Authority and the

penalty of dismissal was reduced to “ Reduction to the lower

post”.

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CASE NO. 6

CASE : An employee of Rajasthan Atomic Power Station was

charge-sheeted for abetting his wife to commit suicide. The

charge sheet was issued based on the criminal case filed

against the employee and due to his detention in Police

Custody.

INQUIRY : A skeleton inquiry was conducted against the employee

based on the imprisonment awarded by the Court awarding

rigrous imprisonment for six years and some fine.

OUTCOME : The charged official was awarded the penalty of dismissal.

Further, against this order he had approached Hon’ble

Rajasthan High Court, Jodhpur and simultaneously he had

filed a case in Rajasthan High Court, Jodhpur against the

decision of lower Court at Chittorgarh. Hon’able High Court

had held that the decision of Lower Court was not correct

and he was exonerated from the charges framed against him

in the criminal case. Based on this decision of the employee,

his appeal in the Department was considered and he has

been reinstated in the service with back wages and other

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consequential benefits.

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PENALTIES

PENALTIESGENERALDifferent penalties have been prescribed under the different Rules. Let us see on

by one.

PENALTIES UNDER CCS (CCA) RULES – 1965 :Under Rule 11 of CCS (CCA) Rules – 1965, following penalties may for good

and sufficient reasons, be imposed on a Government servant :

S.N. MINOR PENALTIES S.N. MAJOR PENALTIES01. Censure 01. Reduction to a lower stage for a

specified period with further

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direction as to whether or not he

will earn increments of pay

during the period of such

reduction.

02. Withholding of

promotion

02. Reduction to a lower time scale

of pay, grade, post or service

which shall ordinarily be a bar

to the promotion of the Govt.

servant to the time scale of pay,

grade, post or service from

which he was reduced.

03. Recovery of his pay of

the whole or part of any

pecuniary loss caused by

him by negligence or

breach of orders.

03. Compulsory retirement.

04. Reduction to a lower

stage for period not

exceeding 3 years

without cumulative

effect and without

affecting his pension.

04. Removal from service without

disqualification for future

employment under the

Government.

05. Withholding of

increments of pay

05. Dismissal from service which

shall ordinarily be a


employment with Govt.

Penalties under NPCIL(Conduct) Rules – 1994

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The following penalties may be imposed on an employee as herein after provided for

misconduct committed by him or for any other good and sufficient reasons:

S.N. MINOR PENALTIES S.N. MAJOR PENALTIES01. Censure 01. Reduction to a lower stage in

the scale of pay for a specified

period and with further

directions as to whether the

employee will earn increment

during the period of reduction

and whether on expiry of such

period, the reduction will or

will not have the effect of

postponing the future

increments.

02. Withholding of increments

of pay with or without

cumulative effect.

02. Reduction to lower scale of

pay which shall ordinarily be

a bar to the promotion of the

employee to the scale of pay

from which he was reduced

with or without further

directions regarding

conditions of restoration to the

scale of pay from which the

employee was reduced.

03. Withholding of promotion. 03. Compulsory retirement from

service.

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04. Recovery from pay whole

or part of any pecuniary

loss caused to the

Corporation by negligence

or breach of orders.

04. Removal from service which

shall not be a disqualification

for future employment in the

Corporation.

05. Reduction to a lower stage

in the scale of a pay for a

period not exceeding 3

years without cumulative

effect and not adversely

affecting the pension in

the case of an employee

who was an en masse

deputationist and got

absorbed in the Company.

05. Removal from service which

shall ordinarily be a


employment in the

Corporation.

MISCONDUCT UNDER INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT – 1946 :

Sl.No. PENALTIES

01. A workman may be fined upto 2 percent of his wages in a month

for any of the acts and omission.

02. A workman may be suspended for a period not exceeding 4 days at

a time or dismissed without notice or any compensation in lieu of

notice, if he is found to be guilty of his misconduct.

03. On being found guilty of the charges, an orde of dismissal, or

suspension or fine or stoppage of annual increment or reduction in

rank would be passed under clause 14(4) C.

COMPARISON – 01;

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From the penalties specified above under various rules, it is seen that “

Suspension” is not a penalty under CCS (CCA) Rules-1965 and NPCIL

(Conduct) Rules – 1994 whereas, suspension is a penalty under Industrial

Employment (Standing Orders) Act-1946.

It is also important to note following decision of Supreme Court of India in SCC

35, para 4 enumerated hereunder :

ANOTHER SPECIAL FEATURE OF THE PROCEEDING AGAINST

THE WORKMEN IS THAT WHERE THE VARIOUS MISCONDUCTS

HAVE SPECIFICALLY BEEN ENUMERATED IN THE STANDING

ORDERS, A WORKMAN CANNOT BE PUNISHED FOR SOME ACT

OR OMMISSION NOT FALLING WITHIN THAT LIST. (GLAXO

LABORATORIES V. PRESIDING OFFICER, (1984) 1 SCC 1;

RASIKLAL V. PATEL V. AHMEDABAD MUNICIPAL

CORPORATION, (1985)

AN ILLUSTRATION – 01 :

Just a couple of years ago, when these rules were not fully understood by

administrative people of NPCIL at Rajasthan Atomic Power Station, an

employee was issued charge sheet for some misconduct followed by his

suspension. During the enquiry, the charged officer had engaged union

representatives as “ Defense Assistant” to defend the case on his behalf.

After the conclusion of enquiry proceedings, the charged officials was

imposed some penalty under the Model Standing Orders.

The matter was objected by the union representative and an Industrial

Dispute was also raised on the ground that for an offence two penalties

cannot be imposed. Then only it was known that suspension is also a

penalty under Standing Orders. The reason for this misunderstanding was

that Industrial Employment (Standing Orders) Act –1976 was not

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applicable to the employees of NPCIL earlier, and on its applicability to

NPCIL, nobody was thorough.

ILLUSTRATION – 02:

“Withholding of promotion” is a minor penalty under NPCIL (Conduct)

Rules-1994 as well as under CCS (CCA) Rules-1964. Whereas, this is not

specified as a penalty under Industrial Employment (Standing Orders) Act-

1946. Generally, withholding of promotion is such a penalty which has not

financial bearings on the employees immediately but applies seriously as

NPCIL has merit promotion scheme. Sometimes, employees earn

promotion by dint of their hard work within a period of 3 years. However,

the provision not being available in IE (SO) Act-1946, this penalty which is

easy to impose and has not future repercussion cannot be imposed on such

employees of NPCIL who are governed by this Act.

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PRINCIPLES OF NATURAL JUSTICE

INTRODUCTION :

Page 46 of 87

It is also one of the very important aspects of disciplinary proceeding. With my

experience, I am stating that whenever disciplinary proceedings are in the right

direction or the charges are grave, evidences are solid, witnesses are strong,

charged officer is in the look out for an opportunity to find out any loop hole

during the inquiry which he may encash in his favour. The Principles of Natural

justice are certain rules fundamental to dispensation of justice. “Natural justice”

simply stated, is fair play in action as was observed in the case of Menaka

Gandhi v Union of India. Thus, principles of natural justice are fundamental rules

of judicial procedure and are indicative of man’s eternal quest for a full and

complete justice. In one of the cases it was observed that :

“THE REQUIREMENT OF PRINCIPLES OF NATURAL JUSTICE

MUST DEPEND ON THE CIRCUMSTANCES OF THE CASE, THE

NATURE OF THE INQUIRY, THE RULES UNDER WHICH THE

TRIBUNAL IS ACTING , THE SUBJECT MATTER THAT S BEING

DEALT WITH AND SO FORTH”

PRINCIPLES :

For dispensation of justice, there are two principles of natural justice which are

universally recognised.

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NEMO JUDEX IN CAUSA SUA , it means that no one shall be a judge in his

own cause. In other words, the person deciding the matter must not have

anything like personal interest in the case ; and

AUDI ALTERAM PARTEM, it means that hear the other side, i.e. the accused

person must have an adequate opportunity to present his defence and prove

his innocence.

BIAS :

Bias in common English parlance means and implies- predisposition or prejudice.

It may arise from pecuniary or personal interest of the person who decides. The

test for bias is that if a reasonable man would think on the basis of the existing

circumstances that he is likely to be prejudiced, that is sufficient to quash the

decision.

PERSONAL INTEREST :

PERSONAL INTEREST OFFICIAL INTEREST

Personal bias may be due to

some incident taken place in

Official bias is present when a person

acts as a party and as a judge in the same

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personal life with the action of the

accused.

cause in his official capacity.

Where the officer relies more on

his personal knowledge of the

matter than on an objective and

impartial assessment.

Bias may also be caused when the officer

who decides had pre-judged the issue and

expressed his opinion before hand.

Another example of prejudice

being caused is where an officer

rather than exercising his own

discretion acts on the dictation of

some one else.

Official interest may be to pull down the

person for his personal gain in office i.e.

status, reputation and peace etc.

REASONABLE HEARING :

The soul of audi alteram partem rule is fair play in action. It’s essence is good

conscience in a given situation : nothing more but nothing less. In fact, fairness

itself is flexible and relative concept, not a rigid ritualistic or sophisticated

abstraction. In an important case the court observed and added that there was no

ground to be frightened delay, inconvenience and expense, if natural justice

gained access.

A LIVE EXAMPLE :

A disciplinary proceeding was initiated against a very senior officer just a couple

of years ago. During the preliminary hearing itself, it took the shape of regular

hearing between Presenting Officer and charged officer. The dialogues which

were not to take place between PO and CO ran into good number of pages. CO

was not given opportunity of even submitting list of defence witnesses and list of

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defence documents. He was also not given time to look for a right defence

assistant. List of defence documents given by the CO were also rejected on the

ground of irrelevancy. Requests and appeals made by the CO failed to bring any

result and finally, he had to approach Court and matter was stayed with solid

grounds. Therefore, care should be taken to ensure that the speed should not be

too rash to derail from the track. Here, only question arises that reasonable

hearing should be given to CO. I would like to bring beautifully summed up

observation of court in Byrne v. Kinemetograph Renters’ Society, 1958 as under:

“Firstly, I think that the person accused should know the nature of

accusation made; secondly, that he should be given an opportunity to state

his case and thirdly, of course, that the tribunal should act in a good faith.

I do not think that there really is anything more”.

In nut shell, it is not merely of some importance, but is of fundamental

importance that justice should not only be done, but should manifestly and

undoubtedly seem to be done.

The Principles of Natural Justice will not be violated if following precautions are

taken :

The employee must be told what are the charges leveled against him and the

allegations on which they are based.

He must be informed of the evidence on which the charges are sought to be

established to enable him to put forward his defence.

The charges should be informed in writing. Verbal reading of the charge sheet

does not constitute service of the charge.

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It should be ensured that the provisions of article-311 are not violated i.e. the

charge sheet should be issued by the right disciplinary authority.

While appointing the Inquiry Officer, Disciplinary Authority should ensure

that he should not be a person biased against the charged employee nor a

complainant nor should be a witness in the case.

In appropriate cases, having legal overtones or involving legal or factual

complexities or where the status of PO so warrants, CO should be allowed to

engage a Legal Practitioner.

Documents which are indicated in the charge sheet as well as documents

which he wants to support in his defence should be made available to him on

demand. He should also have right of inspection of the original of these

documents.

The supply of these documents should be before commencement of the

inquiry and not at the conclusion of the inquiry.

Copies of statements recorded during preliminary hearing and investigation of

the witnesses cited in the charge sheet should also be supplied to the charged

officer.

Summoning the prosecution and defence witnesses should be done by the

Inquiry Officer. He cannot say that calling defence witnesses is the

responsibility of the charge officer. By doing this, he may be violating the

principles of natural justice.

The charged officer should be given full opportunity to cross examine the

witnesses appearing against him. He should also be allowed to examine

himself if he so desires.

It is also important to note here that if any new evidence is to be recorded, the

CO should be given adequate adjournments.

It should also be noted that the proceeding should not be held ex-parte in an

unreasonable manner.

Before CO is asked to file his written brief, he should be supplied with a copy

of the Presenting Officer’s brief.

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Generally, it is presumed that the report of the inquiry has nothing to do with

the principle’s of natural justice. But this perception is not correct. The

inquiry report should be a reasoned document and it must contain statement of

facts, an analysis of the facts and arguments and reasons for the conclusions

finally reached.

The report of the inquiry should not contain any thing which did not come up

during the course of inquiry. In other words, the IO should confine his report

to the records of the case prepared during the course of inquiry.

THE VERY IMPORTANT PRINCIPLE OF NATURAL JUSTICE IS THAT

IT IS FOR THE PROSECUTION TO PROVE THE CHARGE. IT IS

WRONG IF THE BURDEN OF ESTABLISHING THE INNOCENCE IS

PLACED ON THE CHARGED OFFICER.

Moreover, there should be sufficient evidence against the charged employee.

The findings of the guilt cannot be recorded on the basis of suspicion alone,

how so ever grave the charge.

The report of the Inquiry Officer, where it is adverse, should be supplied to

the charged officer before the report is considered by the disciplinary

authority.

Here one thing is very important, which is generally skipped by the

disciplinary authority, is that he should consider the matter with an open mind

and should take final decision by proper application of mind.

Wherever, the disciplinary authority proposes to disagree with the report of

Inquiry Officer, the reasons for his disagreement, should be recorded in

writing and forwarded to charged officer for making effective representation

by the CO before consideration of the matter.

The discretion to impose the punishment should not be exercised in an

arbitrary manner or is actuated by mala fides.

And the last but not the least, the final order should be a speaking order to

exhibit the principle’s of natural justice. It has been seen on many occasions

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that the orders of the disciplinary authority have been quashed by the tribunals

merely for the reasons that they were not speaking orders.

NON-APPLICABILITY OF PRINCIPLES :

Inspite of the above raised points, principle’s of natural justice will not apply in

the following cases :

a) Where doctrine of Pleasure applies : Where action is based on the principle of

doctrine of pleasure, the principles of Natural Justice are excluded. In other

words, once doctrine of pleasure is applicable, neither the principle of natural

justice would step in nor any question of giving opportunity before removal

would arise.

b) Natural justice has no application to codified law: Principles of natural justice

cannot supersede codified law. In fact, the purpose of natural justice is to

supplement the law and not to supplant it. If a situation is governed by express

provisions of the law or the rules, the applicability of natural justice to that

extent is excluded. However, where specific rules are not there, the gap is

filled by the natural justice by application of mind.

c) Rule of Necessity : When there is only one authority who can conduct

proceedings and that authority is biased against the person against whom the

proceedings are conducted, the bias will not vitiate the proceedings. But the

rule of necessity is not applicable where an alternative authority can be found

to conduct the proceedings.

SUMMARY :

Though the Principles of Natural Justice must be given due importance, care

must be taken against any over emphasis. These principles can not be elevated to

the positions of Fundamental Rights. Natural justice is prescribed only a

minimum standard of fair procedure and this minimum can not be bloated into a

rigmarole of technicalities to vitiate the inquiry somehow or other.

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#############

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AVOIDING DELAYS

AND

DILATORY TACTICS

AVOIDING DELAYS AND DILATORY TACTICS

The object of domestic inquiry is speedy disposal in conformity with fair play.

It is, therefore, the duty of the Inquiry Officer, the Presenting Officer, the

Charged employee and his Defence Assistant to make every effort to cut all

delays and contribute to the speedy final disposal of inquiry. There are two

negative aspects, in my view, if the delay is caused which are as under :

EFFECTS TO EMPLOYER EFFECTS TO EMPLOYEE

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Delays defeat the very purpose of

the inquiry.

The purpose of disciplinary

proceedings is not only to punish

the culprit for violation of rules or

misconduct but also to streamline

the administrative machinery so

that such things do not happen

again an blood flows through the

veins of administrative machinery

without fear of any clog. This is

possible only if we are quick in

taking disciplinary proceedings.

Memories fail with time, witness

may die or own over, record may

become unavailable for any

reason, the delays are thus to the

benefit of the wrong doer who

may escape because of negligence

and consequent delays.

Due to delay the employee

becomes a loser.

He cannot get any promotion or

other advancements in service so

long as clouds of disciplinary

proceedings are there.

In most of the cases, the

employee loses his peace of

mind also he cannot devote fully

to the office work as it should

be.

On account of seal of

disciplinary proceedings that

also with prolonged delays,

employee and his family

members are socially boycotted.

For all these reasons, there is no

option but to cut delay with

strong hand and dispose of

disciplinary cases with utmost

speed.

Sometimes, Charged Officer either with the wrong advice or for some

other reasons, adopts dilatory tactics. He might of the opinion that delay may

cause erosion of memory of witnesses, chances of misplacing documents etc

may give him benefit at a later stage. But such perceptions on the part of CO

are not correct. In most of the cases they are imposed some or other penalties

and they lose their promotions as in our organisation, time bound merit

promotions are applicable ranging from 3-5 years. The delays can be avoided

by the Inquiry Officer including the delays due to dilatory tactics adopted by

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the CO. Here, I shall try to bring out such points of delay and discuss the

remedial measures to avoid them.

DELAYS TO BE AVOIDED BY THE INQUIRY OFFICER

1.0 The Preliminary Hearing :

On receipt of the order of his appointment as Inquiry Officer, and connected

papers, the IO should not lose any time in fixing up the date of Preliminary

hearing. This does not present any difficulty as the object of the hearing is to sort

out certain preliminaries. The IO can hold the preliminary hearing in his office.

Also, adjournments should not be granted merely on the ground that CO has not

been able to arrange the Defence Assistant. It is my experience that on many

occasions, this plea is taken by the CO.

2.0 Inspection of documents :

Every effort should be made to stick to the time limits prescribed in the rules for

this purpose. Similarly, any delay in deciding the relevance of additional

documents and requisitioning them should also be avoided. The matter has to be

pursued by IO itself to avoid the delay.

A major cause of delay in procuring additional documents is the irregular action

of the IOs to put the burden on Presenting Officers. It is my experience in many

cases that IOs are passing the onus on Presenting Officers for the same.

Generally, it should be avoided as the authority which IO has got over these

documents, PO has none. Moreover, no time limit can be prescribed by PO as can

be done by IO.

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3.0 Defence Assistant :

As soon as the particulars of the proposed defence assistant are received from the

CO, no time should be wasted in getting in touch with his controlling authority so

that he is relieved to attend the hearings on schedule. The controlling authority

may be contacted through an official letter followed by personal contact, where

necessary.

4.0 Regular Hearings :

The regular hearings should be held on day today basis, and completed

expeditiously. Unnecessary adjournments must be avoided at all costs. To avoid

delays, the witnesses should be informed about the date and time when their

presence is required, much in advance : an intimation also being sent to their

controlling authorities to ensure their presence.

In case of common proceedings where COs and witnesses are from different

locations, efforts should be made that the IO should summon them at Head

quarters where all of them can come simultaneously.

5.0 Absence of Inquiry Officer himself :

After a date of hearing is fixed by the IO and intimations are sent out, the IO

should make it a point to attend it. If, for some personal reasons, it is not possible

for him to be present, necessary intimations should be sent without delay fixing

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another date. There is no procedure for the IO to delegate his functions of holding

the inquiry to somebody else.

6.0 Written Briefs:

It is my experience that considerable delay takes place in submission of written

brief both Presenting Officer and Defence. Time schedule has been prescribed for

submission of written brief. It is the duty of the IO to ensure on the last day of

final hearing on which defence case completes to instruct the Presenting Officer

to submit the written brief within a week’s time or ten days depending upon the

lengthy enquiry.

To cut short the delays, a method of supplying a copy of written brief to CO

directly instead of to IO has been adopted by some of the IOs. In such

circumstances, IOs also prescribe time schedule for defence in no. of days from

the date of receipt of a copy from Presenting Officer by defence.

7.0 The Report of inquiry :

The report of inquiry must be written and submitted expeditiously. Inordinate

delay in submission of report will not only neutralize all the good steps taken by

him during the course of inquiry to expedite the proceeding but may also vitiate

the proceeding in certain situation, for instance where the delay is too long.

In one case where the IO had rejected the request for adjournment to examine the

witness because adjournments for the purpose has already been granted, but

himself took 2 months to submit his report, it was held that the refusal to adjourn

was not justified. (State of UP v. CS Sharma, AIR-1963. All.94)

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Inspite of all these, it is seen that IOs show hasteness during the inquiry, but they

take considerable time in preparing the report on many flimsy grounds that they

were quite busy, load of work on them was high, many urgent meetings were

scheduled etc. etc.

Dilatory tactics by the Charged Officer :

If delays are causing harm to any one the most, it is CO. Therefore, he should be

watchful and represent against any unreasonable delay, to the Inquiry

Officer/Disciplinary Authority. However, contrary to this fact, COs have been

seen adopting dilatory tactics.

Let us see what are the possible grounds on which the CO adopts these

techniques and also how to curb these delays :

1.0 Representation against Bias in the Inquiry :

Generally in the most of the inquiries, representation of bias against IO is

received with a view to adopt dilatory tactics. In such circumstances as soon as

the representation is received, the inquiry is stayed till its disposal by the

Disciplinary Authority. Towards this, DA should make efforts to dispose off the

representation quickly and IO should resume the inquiry without waste of time.

2.0 Preliminary Hearing :

The preliminary hearing should not be postponed for the only reason that the CO

has not been able to arrange for his defence Assistant. He has sufficient notice of

preliminary hearing, so if he comes up with a DA, well and good; otherwise the

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nature of work to be transacted in the preliminary hearing is such that the defence

of employee will not be prejudiced in the absence of the Defence Assistant

3.0 Inspection of documents :

The delay may be caused at this stage, by the delinquent employee, by not giving

full particulars of the documents he wishes to inspect for his defence or not

indicating their relevance to his case, in sufficient detail. To avoid such delays,

it is suggested that in the preliminary hearing itself the position should be made

very clear to the CO that he must come up with full particulars and adequate

mention of relevance in his list of defence documents, in the absence of which

the documents will not be requisitioned and no further time will be granted.

4.0 Defence Assistant :

The usual dilatory tactic is that the CO furnishes particulars of the DA without

actually consulting him or without making sure that he will be relieved for the

purpose. To avoid the tactic, at the time of accepting particulars of the proposed

DA, IO should insist upon a certificate from the person concerned to the effect

that he is willing to render DA and he does not anticipate any difficulty in his

being relieved for the purpose. This position should also be made clear to him in

the preliminary hearing itself. It is no doubt that the CO is entitled to DA of his

choice but the facility cannot be allowed to be converted by him in an

interminable process of delay or adjournments.

5.0 The Regular Hearing :

The golden advice to avoid all dilatory tactics during the course of regular

hearings is “ BE REASONABLE BUT BE FIRM”. A crooked employee may try

to hamper proceeding by asking for adjournments on flimsy grounds. The IO

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should deal with each such objection on its merits and take quick decisions. Once

a decision is taken, he should be firm in enforcing it. It may be mentioned here

that no appeal lies against an order of the IO made during the course of inquiry.

6.0 Written Brief :

The IO should stick to the prescribed dates firmly. But, it shall be possible only if

he himself does not cause undue delay in writing and submission of his report.

8.0 Resort to Court Proceedings :

The Inquiry proceedings need not be stayed for the only reason that the CO has

approached a court or filed an application before the CAT or a writ petition

before a High Court. The proceeding should be stayed only if a stay order has

been granted.

SUMMARY :

These are most of the points where dilatory tactics are adopted by the delinquent

employee, though the delay is harmful to him only most. Apart from the above

points, I have come across in many inquiries practically where it is wisdom of IO

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which can stop the delay and even some times it does not work. The CO crosses

all the limits by his cunning behaviour.

Here, one thing is very heartening to note that during the tenure of Shri N. Vittal,

Chief Vigilance Commission had issued guidelines prescribing schedule of all

the activities of disciplinary proceedings, to curb the undue delays. According to

this guideline, the proceeding is to be completed in any case within a period of 3-

6 months. The guideline also contained that failure to complete the proceedings

within the prescribed schedule by the IO, will be viewed very seriously and IOs

can be proceeded against for lapse on their part. After issuance of this guidelines,

we used to attach a copy of this order with time schedule for the information of

IOs and it was result oriented.

In nut shell, it is Inquiry Officer whose wisdom, presence of mind etc. can help in

cutting short the delays. Thus, a duty is cast on Disciplinary Authority, in my

view, to ensure that dynamic, sincere and neutral persons are only appointed to

work as Inquiry Officers.

@ # #@ # @@##

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ROLES OF VARIOUS AUTHORITIES

INTRODUCTION :

There are three important functionaries in the departmental inquiries i.e.

Disciplinary Authority, Inquiring Authority – popularly known as Inquiry Officer

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and Presenting Officer. Once orders for appointment of IO is issued, Disciplinary

Authority has not to play much role except disposal of bias representation, if any,

received in this regard against the Inquiry Officer. Main role during the domestic

inquiry is played by IO and then comes role of Presenting Officer. It is only IO

who has to man the inquiry in a very systematic manner, adhere to the time

schedule in completing the inquiry, regulate the unnecessary adjournments and

control the nuisance of CO and his defence assistant during the inquiry.

The above being the position, I have been observing that neither such books are

available which clearly indicate the role of each functionary in detail nor these

functionaries have enough time to search for the pearl from the deep ocean.

Keeping this in view, I am trying to garland the duties of above functionaries so

that the reader is not required to extract butter from milk by spending enough

energy for the purpose.

1.0 ROLE OF INQUIRY OFFICER :

1.1 TO CHECK ORDER OF APPOINTMENT :

Disciplinary proceedings are quasi judicial in nature. You can hold an inquiry

only if you are duly authorised to do so by the competent Disciplinary Authority,

through a formal written order. The inquiry should be commenced only after

being so appointed. Any subsequent order of appointment shall not cure the

initial lack of jurisdiction and the proceedings held up to that stage shall stand

vitiated.

1.2 GET ACQUAINTED WITH NATURE OF ACCUSATIONS AND

PROCEDURE TO HOLD INQUIRY :

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Get hold of papers required instantly, mentioned in the annexure to the Charge

sheet. By going through these papers you will get acquainted with the nature of

charge and the evidence on which it is based. Be also fully conversant with the

procedure to be followed to hold the inquiry.

1.3 Plan the holding of Preliminary Hearing :

He should decide the date, time and venue for holding the preliminary hearing.

Normally PH should be held within 10-20 days from the date of appointment as

IO. He should send the notices of hearing to the parties and it is mandatory to

send the notices through registered post or may be served in person.

1.4 He should find out whether charged officer wishes to admit charge in

preliminary hearing. If he does, it should get recorded and signed by him.

In the process, the inquiry is to be conducted in respect of the charges not

admitted by him.

1.5 There will be many disputed issues regarding number of documents and

witnesses to be examined etc. A free and frank discussion with the CO and

PO will go a long way to eliminate unnecessary discussions. A well

planned discussion will place a proper focus before the IO.

1.6 Normally, since the documents mostly produced in the inquiries are

official documents, their authenticity and genuineness is not challenged.

However, if CO has any doubt over any document, PO may be requested

to arrange for its proof.

1.7 Regarding inspection of listed documents, IO has to ensure that this should

be done during preliminary hearing. Also, for additional documents,

relevancy should be quickly decided and if necessary should be

requisitioned. Documents which are not to be allowed, its reasons should

be recorded by the IO for fair play. The certificate of inspection should be

obtained from the defence side to ensure that the authenticity of documents

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listed are not challenged. At the same time relevancy of defence witnesses

should also be expeditiously decided.

1.8 Before commencement of regular hearing, certificate from defence

assistant is to be obtained necessarily that he does not have more than the

prescribed case in hand for defence.

1.9 Once inspection of documents and decision to allow defence witnesses is

taken, IO should hold the regular hearing on day today basis without

avoidable loss of time. During this period, there may be many dilatory

tactics from defence side which IO has to defeat by fixing the date as early

as possible. He should also conduct the inquiry fairly and firmly. He

should also ensure that CO is provided necessary opportunity to put up his

case but at the same time, his unnecessary demands and dilatory tactics

should also be curbed.

1.10 The witnesses should be treated respectfully and examined courteously. It

is the duty of IO to ensure that a witness is so treated and that no questions

are put to him with the purpose to annoy or insult him. I would like to

mention here that some times witnesses are very senior officers and they

do not like to come and attend inquiry for such undue harassment.

1.11 The depositions made by the witnesses should invariably recorded during

the inquiry and signatures obtained. These depositions should also be

authenticated by the inquiry officer and copies thereof should be supplied

to the CO and the Presenting Officer.

1.12 One very important role of the IO is that he has to function during the

inquiry in such a way that he wins the confidence of the CO. Similarly, he

should not admit any new evidence to fill the gaps during the inquiry.

1.13 Sometimes, when CO is not attending the inquiry, and it is conducted ex-

pate, he should allow the CO to participate at any stage, he desires. While

doing so, he need not recall the witnesses already examined.

1.14 There may be occasions when IO has to conduct inquiry during the

common proceedings. In such situations when some employee involved in

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the inquiry retires, he should continue the inquiry. However, the

proceedings have to be suspended if a co-accused dies or is dismissed from

service.

1.15 In part heard inquiries, it is better to take up threads where they were left

by earlier IO. However, new IO is free to take up proceedings, de novo but

it should be done in exceptional cases only. Notwithstanding the above, if

considered necessary, a witness may be recalled for examination.

1.16 He should also pose mandatory questions at the close of inquiry. However,

it is not mandatory where the CO opts to be his own witness.

1.17 IO should allow copy of written brief of Presenting Officer to the Charged

Officer, but the copy of written brief of the CO need not and should not be

supplied to the Presenting Officer.

1.18 The Inquiry Officer is not free to assess the value of the evidence he has

recorded, according to his own notions. There are well settled and time

honoured norms for such evaluation. He should evaluate the evidentiary

value of each piece of evidence recorded during the inquiry correctly and

properly. After this, he should submit a full blooded report of inquiry

without any avoidable delay to the Disciplinary Authority along with all

original records.

1.19 At the last, it is very important to mention here that IO should not keep

anything with him.

2.0 ROLE OF PRESENTING OFFICER :

The departmental inquiries cannot be equated with proceedings before the courts

of law. The inquiring authority is not a court and the presenting officer is not a

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public prosecutor. Such inquiries are basically, fact finding exercises. Hence, the

proper role for the presenting officer is to assist, to the best of his ability, the

inquiring authority to reach the truth, by presenting before him the case of the

disciplinary authority in its correct perspective.

The primary role and function of the PO is to marshal facts before the inquiry

officer and to examine and cross-examine the witnesses produced during the

inquiry. Thus he should :

2.1 Assist IO during preliminary hearing to sort out the preliminaries.

2.2 He should supply copies of documents in support of the charges and

allow inspection of the originals to the charged employee when so

directed by the IO.

2.3 Supply copies of the earlier statement of witnesses mentioned in the

list of prosecution witnesses along with the inspection of documents.

2.4 Produce the listed documents before the IO in the beginning of the

regular hearing so that they are brought on record; and to prove the

disputed documents by examining the relevant official witnesses.

2.5 Lead in a logical manner the oral evidence before the IO in the support

of the charge.

2.6 Where necessary, to make timely request to the inquiry officer for the

production of some new or additional evidence not mentioned in the

charge sheet. The right stage for making such request is after he has

examined all the witnesses he had to and before the defence case

begins.

2.7 Cross examine effectively witnesses produced by the defence.

2.8 Submit his written brief summing up his case with a copy to the CO

after all evidence has been recorded in the case. Wherever permitted,

argue the case orally.

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GUIDELINES FOR THE PRESENTING OFFICER :

The aim of the PO during the inquiry is to bring out truth so that justice is

secured to the charged employee. In order to achieve this aim, the PO must act

fairly and present the case in its true colour. In order to discharge his duties

efficiently, the Presenting Officer :

Should examine properly his order of appointment and that of the IO to satisfy

himself that there is no legal flaw and that the order have been attested by an

authority competent to authenticate them.

Should have discussion with the investigating officer and also have a look on

the report of preliminary inquiry along with the connected record to get first

hand knowledge of the case.

Should acquaint himself fully with the departmental rules and technical

aspects of the issues in dispute.

Should attend the preliminary hearing along with the original records. In this

hearing, he should assist the IO in framing of the issues where necessary and

also quickly to arrange for the inspection of listed documents by the CO and

supply to him of the earlier statements recorded during investigation of the

witnesses proposed to be examined in regular inquiry.

Should examine all the documents to be produced in the support of articles of

charge and to arrange for proof of the documents which the CO does not

admit to be correct and needing to be proved.

Should remember that on the first day of regular hearing, the various

documents will be marked as exhibits and taken over by the IO.

Should be polite towards the CO and the defence witnesses and should not

lose their sympathy.

Should refrain from attacking character of the charged employee unless it

becomes absolutely unavoidable due to exigencies of the case.

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Should before hand decide what aspects of the case he wishes to be borne out

by which witness so that in the examination-in-chief he can restrict evidence

of each prosecution witnesses to the facts best known to him.

Decide the proper sequence in which he desires to examine the witnesses. He

may also decide whether to examine all the listed witnesses or some of them

including the sequence of the examination.

He must take care to lead all evidence at the proper time because to recall a

witness or to introduce fresh evidence is a difficult process and can be

resorted to only when there is a inherent lacuna.

Examine the investigating officer as the last witness and that also if extremely

necessary.

Must follow the cross-examination of his witnesses carefully and to re-

examine them to clarify any important point, or to put the records straight, in

deserving cases.

Should avoid re-examination as we know that in number of cases in which

reckless re-examination resulted in spoiling effectiveness of the witnesses

which had been built earlier. Therefore, he should take proper care.

Must satisfy himself about trustworthiness of the defence witness before their

examination begins.

Must cross- examine the defence witnesses ably and tactfully to bring out

truth and to expose hollowness of their testimony, where necessary. He may

discredit them by impeaching their trustworthiness.

At the close of the inquiry, sum up argument or file the written brief. He must

understand that since the burden of proof is on the prosecution, he should be

able to show with reference to the documentary and oral evidence produced

during the inquiry that the articles of charge have been proved substantially.

Take care that his written brief is based only on the evidence adduced during

the course of inquiry. He should avoid reference to any extraneous matter.

Any reference toward document or attaching it with the written brief which

was not allowed during the inquiry, must be avoided.

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More important aspect that he should take care that he should not be

interested in the outcome of the inquiry. He should see this as his part of duty.

He should not have any intention either to prove or disprove the charges.

3.0 ROLE OF THE DISCIPLINARY AUTHORITY :

3.1 ONLY DISCIPLINARY AUTHORITY CAN TAKE PROCEEDINGS :

Before an authority institutes a disciplinary proceedings against an employee, it

must, right in the outset, ask himself one important question. “Am I the

competent disciplinary authority in this case? Only a “YES” answer to this

question will give that authority a go ahead signal. The reason is that in the

Union and the State Govt. or the Public Undertakings etc. all situations governed

by statutory provisions, any superior authority cannot, ipso facto, impose a

formal penalty on an employee unless it happens to be the prescribed disciplinary

authority under the relevant disciplinary rules.

3.2 Disciplinary Authority must not delegate the powers to others for initiation of

disciplinary proceedings as these powers are derived by statutory provisions.

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3.3 It should be noted that delegation of power for functioning does not enhance

or improve the rank. Similarly, declaring an officer as “Head of Department” is

only for functioning and does not improve his rank. The Supreme Court has

observed – “delegation of the power to make a particular appointment does not

enhance or improve the hierarchical status of the delegate. An officer subordinate

to another will not become his equal in rank by reason of his coming to possess

some of the powers of that another”.

3.4 An officer holding the current charge only cannot exercise the powers of

disciplinary authority because there is a difference between a person appointed to

officiate in a higher post and a person who is merely placed in current charge of

duties in a higher post. Such a person without being clothed with that rank as in

the case of an officiating appointment can also exercise administrative or

financial powers vested in that incumbent, but not any statutory powers of that

post.

3.5 Wherever President or Governor is the appointing authority, it is not

necessary that he is bound to make an order of dismissal or removal. The correct

position is that an order in the name of President is authenticated by an officer

authorised under relevant article.

3.6 Where it becomes necessary, the power to dismiss or remove can be

conferred on an officer other than the appointing authority provided such

authority is not subordinate in rank to the appointing authority of the employee

concerned. In nut shell, the Disciplinary Authority so appointed should be of

equal rank.

3.7 The main important role of disciplinary authority is to confirm that action he

is proposing to take is commensurate with the gravity of the offence. On many

times, it has been seen that the gravity of offence is very less and charge sheet is

issued for major penalty. In such cases, Disciplinary Authorities should use their

mind and not act under the pressure of the power full people in the department.

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SUMMARY :

The roles of Disciplinary Authority, Inquiry Officer and Presenting Officer as

prescribed above are not exhaustive but at the same time not less also. If some of

these roles and guidelines are followed by them, they can perform a balanced role

for the inquiry and during the inquiry. At the same time they can remain far from

the accusations of bias etc. More so, their actions can not be challenged in the

court of law.

It is also not only necessary but useful in our day today life if we possess

reasonably thorough knowledge of the work which we are assigned or required to

do. There will not be interest in the job which you do not know. For these reasons

alone, understanding one’s role and responsibility is a wealth.

# $ # $ # $ # $

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RESEARCH METHODOLOGYRESEARCH METHODOLOGY

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Research Methodology Adopted

Statement of the Problem

We are in the glaring world and human needs are endless. This is tempting

persons to grow rich quickly and acquire wealth and materials of worldly status,

comfort and luxury abundantly. On the other side public servants have limited

salary and resources. There is not equilibrium between their income and

unwanted and unnecessary expenditure. This is causing public servants to indulge

in misconducts such as bribery, gratification, misappropriation of employer’s

money and misbehavior with seniors on such counts.

Here only comes disciplinary rules to discipline them for their misconduct etc.

Sometimes, in spite of clear cut cases and strong witnesses and documentary

proofs etc. accused employee gets escape for following reasons.

Non-application of right rules.

Non-application of right procedures

Not providing reasonable opportunity to accused and violation of principles of

natural justice

Lack of knowledge of rules and procedures to Inquiry Officer and Presenting

Officers.

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Research Methodology

The research is based on the experience of researcher who is employed as

Personnel Manger in NPCIL and has experience of handling disciplinary cases

exclusively for more than 4 years and experience of working in 4 different Units

of NPCIL located at different parts of the country in the States of Gujarat,

Rajasthan and Uttar Pradesh. The steps involved in the study includes.

Defining the needs and problem.

Comparison of all three sets of rules applicable in the Organisation

Identification of disparity in all these rules, identification of procedural lapses,

identification of negative aspect etc.

Focusing the important aspect such as bias, Principles of Natural Justice,

Avoiding delays in conduct of inquiries, Roles of various authorities, and

recommendations for improvements.

Establishing controls and other requirements for fool proof procedure.

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RECOMMENDATIONSRECOMMENDATIONS

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Conclusion and Recommendations

Areas For Improvement

With my experience and after detailed study of the subject based on the research

methodology adopted and the practices followed in the organization, I have listed

following points where improvements are needed. This will give direction for

future research in these areas. These areas are as under

Simplification of the Procedure

Like the court cases, it is seen that disciplinary cases are also very complex in

nature. Because of their complexity and typical procedures, it takes long time in

examination, cross-examinations and re-examinations of prosecution as well as

defence witnesses. Therefore, the procedure needs to be simplified.

Standardization of the procedure.

There are different procedures for imposition of minor penalty and major penalty.

Similarly, under NPCIL Conduct Rules and Industrial Employment Standing

Order Act, the procedures are different. These different procedures being adopted

for different class of employees in a single Organisation for similar and single

misconduct are causing grudge among the employees. Therefore, apart from

simplification of the procedures, the procedures should also be standardized.

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Training and Awareness

As our Department is a Scientific Department, Inquiry Officers are mostly from

Scientific categories. They may be very expert in their work but they need

training and awareness in the areas of disciplinary proceedings to function as

Inquiry Officer as the inquiries being conducted by them is quasi-judicial in

nature, the training is essential particularly, with reference to different kinds of

rules for different kinds of employees. Training with adequate procedures at

regular interval should be conducted.

Adherence of the Time Schedule.

Though there are guidelines from Chief Vigilance Commission (CVC) that the

disciplinary proceedings should be completed within a period not exceeding six

months for major penalty and within three months for minor penalty, Inquiry

officers are not adhering to the time schedule either prescribed by the CVC or

disciplinary authority. Experience speaks that some of the inquiry officer take

years together to complete the inquiry. Therefore, if they are aware of the

complications and future of the accused employee they will be completing the

work assigned to them within the time schedule. Therefore, disciplinary authority

should, before appointing them as inquiry officer will give a time schedule to

complete the inquiry.

Justice

It is very popular proverb that “Justice delayed is justice denied” keeping this in

view, the disciplinary authority should ensure that there is no abnormal delay in

delivering the justice. Moreover, justice should not only be done but manifestly it

should appear have been done.

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Approach by Disciplinary Authority

Disciplinary Authority should also adopt corrective approach rather than punitive

approach. Most of the misconducts committed by the employees are under

circumstances beyond their control. Therefore, while initiating the disciplinary

proceeding the disciplinary authority should take into cognizance the

circumstances under which misconduct was committed. DA should make efforts

to correct ad counsel the employees rather than punishing them. This will go a

long way in building harmonious and cordial relations between employee and

employer.

Strong Disciplinary Cell

In our organisation generally all units are having a disciplinary cell to form the

charge-sheet, co-ordinate the functions of the inquiry and co-ordination with

Corporate Vigilance and CVC etc. The cell is not strong enough at present. I

should b strong enough in correcting and discipliing the errant employees so that

there is no need of interference from the external agencies like CBI etc.

Faith of employees in system

The system should be so designed that employee should have faith in the system

of disciplinary proceedings. Particularly, when it is under CCS(CCA) Rules-

1965, it has complicated procedure for major penalty charge-sheet. Apart from

this, the system should be very simple and standard so that it is free from all

kinds of ambiguity.

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Better Quality, Gain trust and confidence.

The system of disciplinary proceedings should be such that it wins the trust and

confidence of the employees. At present the system prevailing for initiating the

disciplinary action is so lengthy, complicated, time taking that it is not better

enough to gain trust and confidence of the employees. Apart from this sharp

accused employees get benefit of this long and time taking procedure and remain

unpunished.

Continual improvement in procedures

There are always scope for continual improvement in any procedure not only in

the disciplinary proceedings. It can be seen from the acts and rules which are

prevailing with reference to disciplinary proceedings are very old and the

procedures have not undergone any change towards simplicity and simplification

of the procedure for quite long. We should also think for improvement of such

procedures which an bring better result.

Suggestion from employees for further improvements.

It is necessary that we should also obtain from employees particularly from the

charged employee or aggrieved employee for improvement of the system. Since

they are the persons who are really better advisor having expertise with

experience in this area to provide valuable suggestions for improvement of the

system.

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Information exchange from sister organisation.

While considering other aspects it is also necessary that system and practices

being followed by other system organisations in other units should also be

adopted if required. This will also improve the efficiency in strengthening the

system.

Recommendations

Disciplinary Authority should consider following points before thinking towards

this direction.

1. Whether initiation of action for minor penalty will serve the purpose where

it intends to take action for major penalty?

2. Whether warning or censure will serve the purpose where gravity of

offence warrants initiation of minor penalty action?

3. Whether counseling will be able to replace the action of minor penalty,

warning or censure?

Disciplinary Authority should also not forget that behind every workman there is

a family consisting children and because of their no fault they also become party

to the misconduct of the employee. Forgiveness is such a tool which is even more

heavier than any other kind of heavy tools.

Institution of major penalty proceedings throw away the employees out of gear. It

mars not only the life of employee but his innocent family members also. A harsh

decision by the Disciplinary Authority may bring social and morale death to an

employee. Therefore, Disciplinary Authority should think twice before initiating

such action. This only can work as an image building in the organisation.

Therefore, it should be resorted to as a tool when and where there is no other

alternative except this.

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However, organization have to function in the right direction with the moto of

development of the nation. Any action on the part of employee which is causing

damage to the image of the organization, downfall of the society, erosion of the

values and any damage to the track of development by their misconducts

willingly and intentionally should certainly be viewed seriously and comparable

punishments awarded with a view to demonstrate the policy of the Government

and as a lesson to such other employees whose thinking are cropping-up towards

heinous acts in the organisation.

CONCLUSION

With my experience of Ten years, my observations are that in some of the

units due to unfair handling of the people, some of employees have lost their

interest of working. The sole reason which I have come to know from them is

that they have not been treated well, they have not been given due respect, they

have been ignored and side lined with their high level of ability than the

officers to whom they are reporting. Other reason is that they were forced to

compromise with their noble principles which they could not do. Such ill

treatments have given them rise of dejection in their life and they were

proceeded against. Nowadays, when we are in the ear of high technology and

are considering man power as human resource, a duty is cast on the persons

who are having expertise in these areas to cure these people and bring them on

the track. Disciplinary action is not a solution and hence, it should be resorted

to as a tool when counseling and other measures fail to yield required result.

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ABBREVIATIONSABBREVIATIONS& BIBLIOGRAPHY& BIBLIOGRAPHY

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ABBREVIATIONS USED IN THIS REPORT

NPCILNuclear Power Corporation of India Limited

CCS(CCA) Central Civil Services (Classification, Control & Appeal) Rules –

1965

DAE Department of Atomic Energy

CCS Central Civil Services

PO Presenting Officer

IO Inquiry Officer

IA Inquiring Authority

CO Charged Official

DA Defence Assistant/Disciplinary Authority

ETC Etcetera

NAPS Narora Atomic Power Station

MAPS Madras Atomic Power Station

RAPS Rajasthan Atomic Power Station

KKNPP Kudankulam Nuclear Power Project

VSB CO Vikram Sarabhai Bhawan, Corporate Office

KGS Kaiga Generating Station

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Bibliography (References)

01 Commentary on the CCS(CCA) Rules – By G.B. Singh, 6th Edition, January

2000

02 Hand Book for IO, PO and DA – By G.B. Singh, 7th Edition, May 1999

03 Swamy’s Compilation of Conduct Rules by Muthuswamy & Brinda – 31st

Edition – 1998

04 NPCIL (Conduct) Rules – 1994

05 NPCIL (Disciplinary & Appeal) Rules – 1996 – Vol – III updated version

Nov. 2001

06 The Industrial Employment (Standing Orders) Act – 1946 – Aklank

Publication

07 Swamy’s Handbook – 2007

08 Management Information System Reports submitted to Corporate Office by

units

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Main Project

Documents

sikkim manipal

narendra kumar

furnishing

separate chapter

capacity reactors

central civil

nuclear power

chief vigilance