Law: Government Servants (Efficiency and Discipline) Rules, 1973

Section: 4,5,6

Government Servants (Efficiency and Discipline) Rules, 1973--Rr. 6, 5 & 4---Misconduct---Compulsory retirement---Enquiry against Government servant---Procedure---Enquiry proceedings were conducted by way of questionnaire without examination of witnesses in support of charge or defence---Such enquiry proceedings being not consistent with requirements of R. 6, Government Servants (Efficiency and Discipline) Rules, 1973 was not sustainable. In Government Servants (Efficiency and Discipline) Rules, 1973, "misconduct" is defined. Rule 4 contemplates minor and major penalties. Compulsory retirement is included in major penalties. Rule 5 empowers authorised officer to direct enquiry against Government servant through an Enquiry Officer or Enquiry Committee or if he is satisfied, may order that there would be no enquiry in the interest of security of the country. If it is decided that there should be enquiry either by Enquiry Officer or Enquiry Committee then procedure laid down in Rule 6 is to be followed and the requirements enumerated therein are that charge shall be framed and Government servant proceeded against would be allowed to reply to the charge after which evidence is to be recorded by examining witnesses in support of the charge allowing opportunity to the affected Government servant to cross­examine the witnesses and he can also produce witnesses in his defence. In the present case this procedure as such was not followed in letter and spirit and witnesses were not examined in support of the charge. It was necessary for that reason that ultimately major penalty has been imposed upon the civil servant. The manner in which enquiry proceedings were conducted by way of questionnaire without examination of witnesses id support of charge or defence cannot be approved as it was not consistent with requirements of Rule 6 of the above mentioned Rules. Before the Service Tribunal in written objections filed on behalf of Department order of compulsory retirement has been defended on other unconnected grounds that civil servant was inefficient and unwilling worker. In the enquiry report no comment was made upon plea of civil servant that his immediate superior…

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