PPT describes basic principles of Departmental Proceedings

1. Principles Of Natural Justice
AVINASH KUMAR GUPTA
Superintending Engineer
16-06-2019

3. CONSTITUTIONAL PROVISIONS
• Part XIV of the Constitution relates to ‘Services Under the
Union and the States’, wherein, Articles 309, 310 and 311 are
relevant to disciplinary proceedings.
• Article 309 is an enabling provision which gives power to the
legislature to enact laws governing the conditions of service
• Proviso to this Article provides that pending the enactment
ofthe laws, the President may frame rules for the above
purpose.
• CCS (CCA) Rules 1965 as well as several other service rules
have been framed under the proviso to Article 309 of the
Constitution

6. Reasonable Opportunity
• The phrase reasonable opportunity has not been
defined in the Constitution;
courts have clarified through a number of decisions
that this implies that the
• accused has a right to:
• know the charge,
• know the evidence led by the Disciplinary Authority in
support of the charge
• inspection of documents,
• cross examine the witness deposing for the
Disciplinary Authority
• lead evidence in defence, etc.

8. PRINCIPLES OF NATURAL JUSTICE
• a) No one can be condemned unheard
• (b) No one can be a judge in his own
case
• (c) Justice should not only be done
but should manifestly appear to have
been done
• (d) Final order must be speaking
order

11. Audi Alteram Partem
• This rule implies that the accused has a right
to
• (a) know the charge
• (b) inspect documents
• (c) know the evidence
• (d) cross examine witnesses
• (e) lead evidence

12. Rule of Bias
• No one can be a judge in his own
case is also known as the rule of bias.
• Personal Bias
• Pecuniary bias
• Bias of subject matter

13. Justice should manifestly appear to
have been done
• The question is not whether the judge is
actually biased or in fact decides partially, but
whether there is a real likelihood of bias.
• What is objectionable insuch a case is not
that the decision is actually tainted with bias
but that thecircumstances are such as to
create a reasonable apprehension in the
mindof others that there is a likelihood of bias
affecting the decision.

14. Speaking orders
• Disclosure guarantees consideration
• Introduces clarity
• Excludes or minimises arbitrariness
• Satisfaction of the party
• Enables appellate forum to exercise
control

15. Speaking Orders
• Orders disposing of the allegations of bias on the part
of Inquiry Authority and requesting for change
• Orders dealing with the request for appointment of a
Legal Practioner as a Defence Assistant
• Orders dealing with the request for appointment of a
person from outstation as a Defence Assistant
• Orders rejecting the request for defence
documents/witnesses
• Orders deciding on request for adjournment
• Final orders imposing penalty
• Orders of the Appellate, Revisionary or Reviewing
authority

16. Preponderance of probability

17. Proof in Departmental Proceedings

18. Assessment of probability

19. Criminal Proceedings