UNIT 20 CONDUCT AND DISCIPLINE

Structure
20.0
1
20.2
20.3
20.4
20.5
20.6
20.7
20.8
20.9
20.10
20.1 1
20.12
20.13
20.14
20.15

Objectives
Introduction
Role of Conduct and Discipline in Personnel Administration
Matters Covered Under Conduct Rules
Disciplinary Action-Meaning
Causes of Disciplinary Proceedings
Types of Disciplinary Action
Mode of Taking Disciplinary Action
Disciplinary Proceedings Against the Civil Servants During the British Period
ar~
Constitution of India-Dealing with ~ i s c i ~ l i n Matters
Successive Steps Involved in Disciplinary Proceedings
Issues and Problems
Let Us Sum Up ,
Key Words
Some Useful Books
Answers to Check Your Progress Exercises

20.0 OBJECTIVES
After reading this unit, you should be able to:
discuss the role of conduct and discipline in personnel administration;
describe the matters covered under conduct rules and the concept of disciplinary
action;
explain the disciplinary proceedings against the civil servants in preand-postIndependent era in India; and
describe the steps involved in disciplinary proceedings.
-

20.1

INTRODUCTION

Every organisation, public or private, has certain rules and regulations governing the
conduct o r behaviour of its employees. Human nature is a mixture of both vices and
virtues. There should be a prescribed code of conduct and discipline to put the
employees on the right track and get the goals of the organisation realised. A high
moral standard of conduct among the public servants is of utmost necessity to set a n
example to the public at large. lntegrity and discip!ine in t-he service are essential for
a n efficient personnel system. Promotion of the employees depends upon their good
behaviollr and observance of discipline in the service. In order to prevent misuse of
powers, a L G L - -1 c:.*?xct to regulate the behaviour of the .civil
servants is e n f ~ r c s d
.
With the transformation of passive police state into a n active welfare state, drastic
changes have been brought in the role of the state. The state's role in the
management of development programmes and public affairs has been increasing. Its
scope has been ebtended to cover all dimensions of human activity. Its administrative
machinery influences every aspect of human life in numerous ways. Along with the
ever-increasing responsibilities and powers of civil servants, administrative
inefficiencies, such as red-tapism. lethargy, corruption etc. crept into administration.
Rapid growth in the numerical strength, continuous extension in the powers of civil
servants, change in the concept of civil neutrality, shift from negativi: to positivc
work and increasing emphasis on moral and professional standards have become the
modern trends of personnel administration and thus it gained momentum. The
success of democracy and implementation of development programmes largely
depend on public personnel engaged in building the future of the country. If !he
public cervants--the backbone ot' the government---areundermined by illdiscipline
a n d miscnnd~lcr it will lead to the collanse ot administrative mae11ine1.v.

20.2 ROLE OF CONDUCT AND DISCIPLINE IN

PERSONNEL ADMINISTRATION
The Reader's Digest Great Encyclopaediac Dictionary defines conduct as "Manner of
conducting any business or oneself" (behaviour) and discipline as "mentgl and moral
training" or "order maintained among persons under control or command". Hence,
conduct and discipline imply the behaviour of the personnel and bringing them
under control and to train them to obedience and order. Hence, conduct and
discipline are essential measures to be taken to build up sound personnel system.
All the staff members cannot be expected to conduct themselves with equal zeal in
an unimpeachable manner. Hence, a provision for disciplinary action is made
inevitable in every organisation. In order to correct the erroneous beBaviour or poor
performance of the employees the role and need of conduct and discipline is to be
stressed.

20.3

MATTERS COVERED UNDER CONDUCT RULES

Different categories of Government servants are governed by separate but

substantially similar sets of conduct rules. Different matters such as-restrictions on
political activities, relationship with press, radio and outsiders, criticism of the
Government, restrictions on public dentonstrations, present restrictiohs on matters of
property, private business and investments etc. fall under the purview of conduct
rules. Some sets of conduct rules in India are (1) All India Services (Conduct) Rules,
1954; (2) Central Services (Conduct) Rules, 1955;and (3) Railway Services (Conduct)
Rules; 1956.
The following are the matters covered under the conduct rules;
i) Restrictions on Political Activities
By virtue of the official position, a civil servant, has some peculiar powers as well as
responsibilities. But besides being an employee, helshe is also a citizen and should
have minimum political rights. But at the same time, helshe cannot be a simple
citizen and the public interest demands the maintenance of p6litical impartiality in
the civil services and the confidence in that impartiality is an essential part of the
structure of the Government.
Political Neutrality
Pofitical neutrality of civil servants has been regarded as one of the essential
conditions for the success of a democratic form of Government. It means that civil
servants should not participate in political activities. To ensure political neutrality of
the public services in many countries, the civil servants are denied direct
participation in political life of the country.
The political rights of the public servants may be broadly categorised into (1) rights
concerning the exercise of vote and general political activity and (2) rights in respect
of candidature for. legislative or municipal bodies. Some limitations on the enjoyment
of political rights by civil servants are placed in almost all the countries. The idea of
the restraints on the political freedom of Government servants has been justified on
different grounds. In the U.S.A., the belief is that civil servants should not be
allowed to participate in politics on the ground that politics should be kept aloof
from administration. In the U.K. the prevalent idea is that since public servants arc
devoted to the fulfilment of public purposes, they should remain neutral. In some
other countries like France,the common idea is that the civil servants should be
allowed to enjoy the political rights common to all citizens, except for such restraints
as can be justified as specific cases.
Position in India
Public employees in India have the right to vote and.form associations; but they are
prohibited from Darticioatinp in other volitical activities. Civil sewants can neither

become members of any political party nor subscribe to its funds. A circular issued
by Home Ministry in 1960 says, "Government servants-are, of couse, expected not
to take part in any political activities in any manner. Government of India, however,
welcome all classes of their employees organising themselves in healthy associations
for promoting their legitimate interest in matters concerning their work and welfarew.
Some of the important rules of conduct prescribed for-civil servants are as follows :
a) No Government servant shall be a member of or be otherwise associated with
any political party or any organisation which takes part in politics nor shall take
part in, subscribe in aid of or assist in any other manner any political movement
or activity. Rule 4 of Central Services (Conduct) Rules 1ay.down that a
Government servant should not canvass or otherwise interfere or use his
influence in connection with or take part in any election to a legislative body.
b) Seditious propaganda or expression of disloyal sentiments by a government
servant is regarded as sufficient ground for dispensing with his service.
c) Strikes : The formation of public employee organisations and the question of
strike are closely interwoven. The question of strike is the most controversial of
all other matters relationg to organisation of public servants. In the U.S.A.,
public opinion is never in favour of strike by public employees. In the U.K.,
there is no prohibition against the right to strike by the public employees. In
India too, there is no ban on the strike of public employees. But when the
Central Government employees went on a general strike in July 1960, it was
declared illegal under the provisions of the Essential Services Maintenance
Ordinan~,1960.This ordinance authorised the Union Government to ban
strikes, in any essential service such as Posts, Telegraphs, Communication media
and means of Transpottation etc.

U) Restrictions on Relationship with h,

Radio and Outsiders and Criticism of the
Government
a) Moreover, the government servants are also subject to certain special
obligations. Sections of the Official Secrets Act, 1923, prohibit the
communication of any official document or information to anyone whom they
are not authorised to communicate.
b) Rule 8 of the Central Services (Conduct) Rules has similar provisions. In the
interest of the integrity and discipline of the service, they are also prohibited to
make public criticism of any policy pursued or taken by the Government.
c) To ensure the security of the State, clause 2 of Rule 5 of the Central Services
(Conduct) Rulesrrequires the government servants to endeavour to prevent any
member of the family from participating or assisting in any manner of activity,
which tends directly or indirectly to be subversive of the Government as
established by law.
d) The Government of India does not object to broadcastings by government
officers but point out that "broadcast talks by government servants are 'public
utter, --s*
the r n e a h g of the Government Servants' Conduct Rulesn.
And the taus dltler from newspaper articles in that the Goverllment of India has
undertaken that the Indian State Broadcasting Service shall not be used for the
purpose of political propaganda.

*+'-:-

M) Restrictions on Public Demonstrations, Presents etc.

Rule 5 of the Central Services (Conduct) Rules,1964 debars government servants
from taking pnrt in politics. They cannot be members of any political party nor can
they subscribe in aid of or assist in any other manner, any political inovemerlt or
activity. Rule 4(A) of Central Civil Service (Conduct) Rules,1955, prohibited the
participation of government servants in any demonstrations of any form of strike in
connection with any matters pertaining to the conditions of service. According to
Rule 4 (B), government servants should not join any unrecognised service association
or an association which was not recognised by the Government within six months.
The Indian Penal Code defining corruption says "whoever being or expecting to be
public servant accepts or agrees to accept or attempts to obtain from any person for

.-

himself or for shy other person any gratification other than what is legal
remuneration as a motive or reward for doing or forbearing to do any official act..."
6

The Rules of Conduct of All India Services says, 'nb member of the service shall,
except with the previous sanction of the Government, accept or permit his wife or
any member of his family to accept from any person any gift, of more than triffling
value.
iv) Restrictions in Matters of Property, Private Business and Investments etc.
The Rules of Conduct for All India Services say:

1) No government servant shall except with the previous sanction of the

Government, engage directly or indirectly, in any trade or business or undertake
any employment.
2) No member of the service shall speculate any investment.
3) NO member of service shall, except with the previous sanction of the
Government, permit his son, daughter or dependent to accept employment with
private firms with which he has.officia1 dealings with the Government.
Moreover, government servants are also subject to certain special obligations :
1) Sections of the Official Secrets Act, 1923, prohibit the communication of any
official documents or information to any one whom they are not authorised to
communicate.

2) In the interest of the integrity and discipline of the service, they are also
prohibited to make public criticism of any policy pursued or taken by the
Government.
3) To ensure the security of the State, Clause 2 of Rules 5 of Central Civil Services
(Conduct) Rules requires the Government servants to endeavour to prevent any
member of the family from participating or assisting in any manner or activity
which tends directly or indirectly to be subversive of the Government as
established by,law. But, any how, the country should have the confidence that
whatever party is in power, the services should serve the Government of the day
with loyalty and devotion.

DISCIPLINARY ACTION-MEANING
Since all the staff members cannot be expected to conduct themselves with equal zeal
in an unimpeachable manner, a provision.for disciplinary action is made in every
orgahisation. Stahl points out "No organisation is so perfect, no executive so
ingenious, no personnel system so infallible that any of them can continuously avoid
some measures of punishment for wrongful behaviour or poor performance of
employees".
According to Dr. Spriegel,
"Disciplint is the force that prompts an individual or a
to observe the
rules, regulations and procedures which are deemed to be necessary to the
attainment of an objective, it is force or fear of force which restrains an
individual or a group from doing things which are deemed to be destrdctive of
group objectives. It is also the exercise of restraint or the-enforcement of
penalties for the violation of group regulations."
Disciplinary action means the administrative steps taken to correct the misbehaviour
~f the employee in relation to the performance of his/ her job. Corrective action is
initiated to p~eventthe deterioration of individual inefficiency and to ensure that it
does not spread to other employees.
A distinction needs to be drawn between disciplimiy &tion of civil or criminal
procedure. The former deals with the fault committed in office violating-the internal
regulations or rules of the administration while the latter is concerned with the
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The following matters are covered in the Conduct Rules. More strictness is observed
in those services where more discretion is involved:
1) Maintenance of correct behaviour towards official superiors,
2) Loyalty to the State,

3) Regulation of political activities to ensure neutrality of the personnel,

4)

Enforcement of a certain code of ethics in the official,. private and domestic life,

5 ) Protection of the integrity of the officials by placing restrictions on investments,

borrowings, engaged in trade or business, acquisition or disposal of movable and
immovable valuable property, acceptance of gifts and presents, and
6 ) Restriction on more than one marriage.

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20.5

CAUSES OF DISCIPLINARY PROCEEDINGS

t
The following are the various causes of disciplinary proceedings.

I) Acts Amounting t o Crimes

a) Embezzlement
b) Falsification of accounts not amounting to misappropriation of money
c) Fraudulent claims (e.g. T.A.)
d) Forgery of documents

e) Theft of Government Property

f) Defrauding Government

g) Bribery
h) Corruption
I

i) Possession of disproportionate assets

j) Offences against other laws applicable to Government Servants.

2) Conduct Amounting to Misdemeanour

a) Disobedience of orders
b) Insubordination
c) Misbehaviour
i) with superior officers
ii) with colleagues
iii) with subordinates
iv) with members of public
d) Misconduct
i) violation of conduct rules
ii) violation of standing orders
iii) intrigues and conspiracy
iv) insolvency

20.6 'TYPES OF DISCIPLINARY ACTION

Disciplinary action may be informal or formal. Informal disciplinary action may
mean assignment to a less desirable work, closer supervision, loss or withholding of
nrivilenes. failure of consultations in relevant matters. reiection of ~ r o ~ o s aor
ls

Conduct and Dbdpline

Working Conditions.
Conditions of Service

recommendation. It may includes curtailing of his/ her authority and diminishing

his/ her responsibility. T h e reason for taking informal disciplinary action may be that
offences are too slight, or too subtle, or too difficult to prove, to warrant direct and
formal action.
Formal disciplinary action follows where the offence is serious and can be legally
established. In such cases the penalties which are imposed on a member of the
service are:

1) Minor Penalties
a ) Censure
b)

withholding of promotions

c)

recovery from pay of the whole or part e

f my pecuniary loss caused to
Government or to a company, association or body of individuals ... and

d) withh&1ng

2)

of increments of pay.

Major Penalties

a) Reduction to a lower stage in the time scale of pay for a specified period ...
b) reduction to a lower time s d l e of pay. grade or post. and
c) compulsory retirement.
In very serious cases of offence, even judicial proceedings against the offender may
also be launched.
Check Your Progress 1
Note : i) Use the space given below for your answcrs.
ii) Check your answers with those given at the end of the unit.

I)

What are the matters covered under the conduct rules?

................................................................................................................................
2) What are the causes of disciplinary proceedings?

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3)

Discuss the types of disciplinary action.

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MODE OF TAKING DISCIPLINARY ACTION

Like the poww t o promote, the power to take disciplinary action also should be
vested in the Head sf the Department because he/she is the person who is

responsible for the discipline and efficiency of the department. Some people advocate
that the power of disciplinary action should be vested in a n independent outside
agency like the Public Service Commission. As, for example, in Australia, any
employee, against whom a n action has been taken by the departmental head, may
make a n appeal t o the Commonwealth Conciliation and Arbitration Tribunal. In ,
the State of Chicago, dismissal can be ordered by a trial board consisting of some
members of the Civil Service Commission. This is advocated in the interest of
impartiality and fairness to the employee, the argument..being that since the
departmental authorities are accusers, they should not also be the judges.
But in the opinion of experienced administrators, an outside agency should not be
brought into sit in judgement on the action taken by the disciplinary authorities.
This is because first, it undermines the authority of the Head of the Department and
secondly, outside authorities are often swayed by considerations of abstract justice
rather than due appreciation of the logic of administration and management. I n
India, the Central Pay Commission took the same view. "We d o not think", it said
, "that it will be desirable or practicable in public interest t o insist o n the invention of
a n outside body in disciplinary matters.j4
All this, however, does not mean that consideration of fairness and justice should be
lost sight of in taking a disciplinary action against a n employee. On the contrary,
suitable machinery a n d procedure should be provided so a s to eliminate every
possibility of personal prejudices.
Usually following provisions are made either in the Constitution or in the statute to
check the misuse of power t o take disciplinary actions:
a) N o employee shall be d$moted o r dismissed by a n officer below in rank to one
who had appointed him/ her.
b) N o employee shall be punished except for a cause, specified in some statute or
departmental regulation.
C) No employee shall be punished unless helshe has been given reasonable
opportunity to defend his/ her case.
d ) The employee shall be informed of the charges laid against him/ her.
e) Where a Board of Inquiry is appointed, it shall consist of not less than two
senior officers, provided that a t least one member of such Board shall be a n
officer of the service to which the employee belongs.
f) After the inquiry against a n employee has been completed and after the
punishing authority has arrived a t any provisional conclusion in regard to the
penalty to be imposed, if the penalty proposed is dismissal, removal, reduction in
rank or compulsory retirement, the employee charged shall be supplied with a
copy of the report of inquiry and be given a further opportunity to show cause
why the proposed penalty should not be imposed on him/ her.

20.8 DISCIPLINARY PROCEEDINGS

AGAINST THE CIVIL SERVANTS
DURING THE BRITISH PERIOD
The British Government in India relied primarily on its civil servants for its survival
and strength. T h e then All India Services were consequently loaded with all kinds
of favours, concessions and privileges. These services were not even under the control
of the Governor General; they were directly under the Secretary of State for India
and his council.

i) Provisions of Government of India Act, 1919 with regard to Disciplinary Proceedings

No All India officer could be dismissed from his service by any other authority than
the Secretary of State-in-Council. He had a right of appeaI t o that body if he was
adversely dealt with in important disciplinary matters. The Government of a
province was required to examine the complaint of any such officer who thought
himself wronged by a n official superior and to redress the grievances if he thought it
equitable to d o so. No order effecting his emoluments adversely and no order of
censure o n him could be passed without the personal.concurrence of the Governor
and orders for his posting to appointments also required the personal concurrence of
the Governor. His salary, pensions, etc. were not subiect t o the vote by the legislature

Conduct and Disapline

Working Conditions,
Condition8 of.Sewke

Those services, entrenched in the privileged positions and irresponsible to public

opinion, found it difficult to adjust to the reform era introducing very limited
responsible government under the Government of India Act of 1919. Criticism of
irrdividual members of the services by questions in the provincial and central
legislatures, the 'ignominy' of working under Indian ministers in the provinces, the
qm-cooperation movement of 1920-22 putting the officers and their families in
perponal discomfort, the insufficiency of salaries due to the high level of prices
prevailing ifithe wake of the First World War--all these embarrassed and
discouragekl the European members of these services and many of them were forced
to opt for retireqent. This trend facilitated more and more Indianisation of services
because of the reqmmendation of the Lee Commission in 1924.
ii) Provisions of GoSernment of India Act,1935 in Respect of Disciplinary Proceedings
Because of the desire of some European Officers to retire rather than serve under
Indian ministers, the British Government in India took more interest in providing
special safeguard to the public service for the protection of its privileged position.
The Government of India Act of 1935, therefore, included the protection of the
interests of the public services in the list of the special responsibilities of the
Governor General and the Governors (Secs. 247-249). Thus, if any officer of the
Secretary of State's services was affected adversely by an order relating to his
conditions of service, he had a right of complaint to the Governor (as the case may
he) and the latter was to deal with the matter exercising individual judgement, that
is, acting without consulting his minister.

20.9 CONSTITCTTION OF INDIA-DEALING

DISCIPLINARY MATTERS

WITH

Article 309 provides that the Acts of the appropriate legislature may regulate the
,
recruitment and conditions of service of the persons appointed to public services and
posts in connection with the affairs of the Union or of any State. It shall be
competent for the President or Governor as the case may be, to make' rules
regulating the recruitment and conditions of service of public service until provisions
are made by a n Act of the appropriate legislature.
According to Article 310, every person who is a member of a defence service or the
civil service of the Union or an All India Service or holds any post connected with
defence or any civil post under the Union holds office during the pleasure of the
President, and every person who is a member of a civil service of a state or holds a
civil post under a state holds office during the pleasure of the Governor of the State.
Notwithstanding that a person holding a civil post under the Union or a State holds
office during the pleasure of the President or the Governor of the State, any contract
under which a person, (not being a member of a defence service or of an All India
Serviceor of a civil service of the Union or a State) is appointed under the
constitution to hold such a post may, if the President or the Governor deems it
necessary in order to secure the services of a persons having special qualifications,
prouide for the payment to him of compensations, if before the expiration of an
agreed period that post is abolished or he is required to vacate that post.
Article 31 1 as amended by Forty-second Amendment provides that 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 by a n authority subordinate to that by which helshe was appointed. No
such person as aforesaid shall be dismissed or removed or reduced in rank except
after an enquiry in which he/she has been informed of the charges against him/ her
and given a reasonable opportunity of being heard in respect of those charges.
Where it is proposed after such enquiry to impose upon him/ her a?y such penalty,
such penalty may be imposed on the basis of the evidence provided during such
inquiry and it shall not be necessary to give such person any opportunity of making
representation on the penalty proposed. This clause shall not apply where a person is
dismissed or removed or reduced in rank on the ground of conduct which has lcd to
his/ her conviction on a criminal charge or where the authority ernpowered to dismiss
ok remove a person or to reduce him/ her in rank is satisfied that for some reason to
hold such enquiry. Or where the President or the Governor, as the case may be, is
satisfied that in the interests of the security of the State, it is not expedient to hold ,

Conduct and D M w e

such enquiry. If in respect of any such person as aforesaid, a question arises, whether
it is reasonably practicable to hold the enquiry mentioned above, the decision
thereon of the authority empowered to dismiss or remove such person or reduce
him/ her in rank shall be final.

20.10 SUCCESSIVE STEPS INVOLVED IN

DISCIPLINARY PROCEEDINGS
The successive steps of the procedure of disciplinary action are:
calling for a n explanation from the employee to be subjected to disciplinary
acfion;
ii) if the explanation is not forthcoming or is unsatisfactory, framing of charges;
iii) suspension of the employee if his/ her remaining in the service is likely to
prejudice the evidence against him/ her;
iv) hearing of the charges, and giving opportunity to the employee to defend
himself/ herself;
v)
findings and report;
vi) giving another opportunity to the employee to defend himself/ herself against
the proposed punishment;
vig punishment order, or exoneration; and
viii) appeal, if any.
i)

As regards the power to hear appeal, an employee appointed by the President has no
right to appeal from an order passed by the President himself. A member of the All
India Service may appeal from the order of a State Government to the President. A
member appointed by the President may appeal to the Governor from an order
passed by the State Government. All employees of lower grade services may appeal
tb the authority which made the rule to which the order under appeal relates.
Appeals can be preferred only if:
i
ii)
iii)
iv)
v)

it is permissible under rules,

it is not defective in form and preferred through proper channel.
it is preferrea within six months after the date of the communication of the
order appealed against;
it is not a repetition of a previous appeal to the same authority;
it is addressed to an authority to which appeal lies under the rufes.

No appeal lies against the withholding of an appeal by a competent authority.

Thus in connection with appeals in India, no outside authority intervenes at any
state. The Constitution no doubt provides for consultation with ihe Union or the
State Public Service Commission as the case may be "On all disciplinary matters
affecting a person serving the Government of India or of a State in civil capacity",
but such consultation is limited only to those cases where disciplinary order is passed
by the President or the Governor.
The staff made complaints before the Central Pay Commission ihat the right of
appeal is not of much value because higher officers to whom appeals are made, are
of the same mentality and tools of the same machinery and generally support the
decision of the subordinates. They suggested the association of an outside authority
with the hearing of appeals. 'The Commission, however, rejected the proposal.
A second complaint was against the provision which authorises o f f ~ e r sto withhold
appeals in cases where no appeal lies. It was said that an officer who has awarded
the punishment would never like his/ her decision to be upset and would, therefore,
withhold appeals in most cases. While recognising that there must be a limit to
appeals somewhere, the Commission recommended that persons dismissed from
service should, where their appeal has been withheld, be permitted to petition to the
higher authorities for a review of their case.
Finally, it can also be noted that an appeal to the courts of law against wrongful
remov,al or dismissal can always be made, but only after all the remedies available to
th; P & m l n t l I~Z ~~ A P tT h E ~
P T T I ~ P P TIIIPE ~

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A him

Working Conditions,
Conditions of Sewkc

In the end, it may be mentioned that an employee can be deprived of the right to
make appeal in the following cases :
a) where a person has been removed or reduced in rank on the ground of conduct
which has led to his/ her conviction on a criminal charge, e.g. for embezzlement;
b) where a n authority empowered to remove him/her or reduce him/her in rank h
satisfied that for some reason, to be recorded as by that authority in writing, it is
not reasonably practicable to give that person a n opportunity of showing causes;
and
c) where the President or the Governor, as the case may be, is satisfied that in the
interest of the security of the State, it is not expedient to give that person such
a n opportunity.
Check Your Progress 2
Note : I ) Use the space given below for your answers.
2) Check your answer with those given at the end of the unit.

1) What were the disciplinary proceedings against the civil servants during the
Britinsh period?

2)

Discuss thr provisions in the Constitution of India to deal with the disciplinary
matters.

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20.11 ISSUES AND PROBLEMS.

There are various problems concerning the disciplinary proceedings. They are as
follows :
I) Lack of Knowledge of the Disciplinary Procedure
It has been seen many a time that the appointing authorities as well as employees are
unaware of the details of the disciplinary procedures resulting in many problems.
Since employees are expected to conform to rules and regulations and behave in a
responsible manner, it is essential that these rules and regulations are properly and
carefully formulated and communicated to them. The purposes and techniques of the
'
removal process should be explained to all so that complex and unnecessary
appellate action can be avoided.

ii) Delays
The time taken to take disciplinary action is very long. When an employee knows of
the impending action, he/ she becomes more and more irresponsible and problematic.
Delays cause hardship to the employees.
iii) Lack of Fair Play
There is a tendency that the appellate authority generally supports the decision of
his/ her subordinates. This defeats the purpose of appeal.
iv) Withholding of Appeal
Most of the officers d o not like appeals against their decisions. There is a tendency
to withhold appeals.

Conduct and Dhdpline

v) Too Many Rules

It is a sound policy to have as few rules as possible for the proliferation of rules
leads to contempt and undermines the concept of discipline. The rules must be
simple and clear.

-F

iv) . Lack of Proper Understanding

i t is wrong to conceive of discipline as something restrictive which is imposed by
force or threats of punishment.
It can oiily be maintained by self-respecting employees who follow the seniors in
whom they have confidence. Optimum performance in any organistion depends on .
the willingness with which employees carry out the instructions and the way they
conform to the rules of conduct established to aid the successful attainment of the
organisation's objectives. If unreasonable rules.at-e imposed, great damage may be
done to morale.
vii) Lack of Tolerance
In any case, breach of disciplinary rules may be tolerated to some extent in practice.
Howevkr, it should not exceed the point where the status and prestige of the
supervisors is jeopardised.
viii) Lack of Concern for The People
T.N Chaturvedi mentions that the questions of ethical conduct has three
implications.
First, all the people must be served equally and impartially. The sense of
impartiality, fairness and justice are embedded in our ethical heritage. Acts that
smack of favouritism only, undermine the faith of people in administration.
Secondly, the public servants must try to work in harmony and co-operation with
representative institutions and voluntary organisations so that there is greater rapport
with the people and there is no breakdown of communication between the working
of the system and the requirements or aspirations of the citizens. Thirdly, the
internal working and administrations of government agencies and offices must be
consistent with these modes of behaviour, that is, a sense of fair play and
involvement within and organisation will ensure a satisfactory style of functionary in
relation to the public outside in general.
ix) Lack of Standards Expected lfrom.Employees
At present, the rules and regulations which the employees are expected to achieve are
vague resulting in confusion. There is a need to clarify what is expected of an
employee in- the way of behaviour. It would produce good results if all the employees
are apprised of what is expected of them through written circulars.or manual or
indoctrination.
x) Attitude of the Supervisor
The success or failure of the disciplinary adion depends upon the attitude of the
supervisor. Most of them are biased and work under pressure from differeht
quarters. Supervisors should be objective in collecting facts so that justice can be
ensured.

Inconsistency
Disciplinary action should be consistent under the same offence. Otherwise it leads
to favouritism, nepotism and corruption.
xi)

xii) Absence of Constructive Element

The authorities should not only impose penalties but also suggest steps to stop the
future recurrence.

The ultimate use of conduct and discipline should be made to promote selfdiscipline, penalties being applied only after the preventive measures have failed.
Paul Pigors and Charles A. Myers have said that true discipline :
starts with an effort to foster mutual understanding and an organisation centred
view
is fair

'

is demonstrably consistent with sound principles of human relations (including

due process: and the rights of appeal)
is in accord with a policy statement on discipline.which is clear and well known to
all
implements ideas that have been worked out by conferring with representatives of
those who are subject to discipline
.'

takes account of any extentuating features in each situation where some one feels
that discipline is called for.

xiii) Absense of A Speciaiised Tribunal to Deal with The Litigation Cases

Viewed against the mounting arrears of litigation cases in Indian courts, the
government's decision to appoint an Administrative Tribunal to deal with service
matters concerning central government employees is a step in the right direction.
Article 323 (A) of the Constitution provides for the formation of such tribunal to
ensure inexpensive and speedier justice to the staff in case of disputes and complaints
with respect to recruitment and conditions of service of persons appointed to public
services and posts ........ under the,control of the Government- of India or of any
corporation owned or controlled by the Government.
Check Your Progress 3
Note : 1) Use the space given below for your answers.
2) Check your answers with those given at the end of the unit
1) What are the issues and problems, @valved in the promotion of conduct and
discipline among civil servants in India?

LET US SUM UP
The Rules of Conduct for public employees in India are not as stern as they appear
to be, for there is laxity in their enforcement in the face of frequent and numerous
lapses. The Rules of Discipline likewise are rarely invoked. Even then the onus of
proving beyond a shadow of doubt the charges against an employee lies on the
official proposing disciplinary action. For this purpose, there will be a protracted
depaftmental enquiry. Besides, the employecs has enough opportunities and to s p a n
to resist the action.That inefficiency and corruption have hppcrne manifest evils in
the Indian administration is due, in some part, to this factor. All said and done, it is
not rules that make a good civil servant but his/ her own standards of conduct
imposed by his/ her own conscience, the .esprit de corps' and tradition of the service
and by the examples of his/ her fellows and those set in authority and by he
watchfulness of public opinion.

20.13 ,KEYWORDS
Censure :censure is strong disapproval and condemnation of something that has
been done, or of the way it was done.
Embezzlement : divert (money) fraudulently to one's own use.
Ignominy :shame as public disgrace.
Insolvency : inability to pay debts.

Misdemeanour : an act that is considered shocking or unacceptable by many people,

although it does not really harm anyone.
Unimpeachable : completely honest and reliable.

20.14 SOME USEFUL BOOKS

Avasthi, A. and Maheshwari, S.P., 1987. Public Administration; Lakshmi Narain
Agarwal : Agra.
Durga Das, Basu, 1981. Shorter Constitutions of India; Prentice Hall of India
Pvt. Ltd. : New Delhi
Goel, S.L., 1984. Public Personnel Administration; Sterling Publishers Pvt. Ltd. :
New Delhi
.
Modern Government; S. Chand & Co. Ltd. : New Delhi
Mahajan, ~ . ~ . , . 1 9 8 2Select
Sachdeva, D.R. and Sogani, Meena, 1980. Public Administration :Concepts a d
Applications; Associated Publishing House : New Delhi.

20.15 ANSWERS TO CHECK YOUR PROGRESS.

EXERCISES
Check Your Progress 1
I) Your answer should include the following points:
Restrictions on politicial activities.
Restrictions on relationship with press, radio and outsiders and criticism of
the government.
Restrictions on public demonstrations, presents etc.
Restrictions in matters of property, private business and investments.
2 ) Your answer should include the following points:

Acts amounting to crimes.

Conduct amounting to misdemeanour.
3) Your answer should include the following points:

Formal disciplinary action.

Informal disciplinary action.
Check Your Progress 2
1) Your answer should include the following points :
Provisions of Government of India Act, 1919 with regard to Disciplinary
proceedings.
Provisions of Government of India Act, 1935, in respect of disciplinary
proceedings.
,2) Your answer should include the following points.
Provisions of article 309 of the Constitution of India.
Provisions of article 310 of the Constitution of India.
Provisions of article 31 1 of the.Constitution of India.
Check Your Progress 3
1) Your answer should include the following points :
See Section 20.1 1