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rajiv_bhatnagar
21-03-2011, 06:43 PM
To all Learned Member of the Board,
My colleague owns a flat in a city. In response to an advertisement released for inviting application for allotment of house in the same city by some housing organization, he deposed vide an affidavit on non judicial stamp paper, before that housing organization that he does not own any house in the city. This fact was brought to the notice of our office Vigilance/Administration Section by one of our another colleague. It is leant that Vigilance/Administration Section is contemplating Disciplinary action against my colleague under CCS Rules, whereas my colleague is of the opinion that the affidavit was not given in the office and further it does not adversely affected his performance in our central government office. Further no harm has been caused to the office by virtue of his conduct.
With this post, I most humbly request the Learned Member of the Board to kindly inform their learned opinion as to whether any Disciplinary Proceedings can be instituted against my colleague and if so, the nature and the extent of the penal action that can be imposed.

With regards
Rajiv Bhatnagar

Victor
21-03-2011, 07:25 PM
Although there is no specific provision in this regard in CCS(Conduct) Rules, 1964, the Disciplinary Authority can initiate disciplinary proceedings in this case for violation of Rule 3(1)(i) & (iii).

Rule 3(1)(i) & (iii) are as follows:

3(1) Every Government servant shall at all times-

(i) maintain absolute integrity;
(ii) ....
(iii) do nothing which is unbecoming of a Government servant.

The nature and the extent of the penal action that can be imposed in this case is to be decided by the Disciplinary Authority.

Victor

rajiv_bhatnagar
21-03-2011, 08:55 PM
To Learned Victor ji,

Many thanks for your instant reply. I feel deeply obliged if you could kindly inform me the line of defense my colleague should take in case a Disciplinary Proceedings is instituted as contmeplated.

With kind regrds
Rajiv Bhatnagar