Deputy Commissioner (DC) Pradeep Agarwal has issued show-cause notice to 260 government employees who did not join emergency duty in the district amid the Covid-19 outbreak. These 260 employees are said to be in the education department, DC office, cooperative societies and Greater Ludhiana Development Authority (GLADA).

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FACTS:

According to information, a majority of these employees, including government school principals, lecturers, sector officers of MCL, registrars cooperate societies, excise officer, labour inspector, cooperative inspector, who were deployed at police stations for the distribution of ration among the poor and the other emergency duties. Instead of distributing ration material or remaining on emergency duties, these employees either remained absent from work or and did not report on duty. Citing section 57 of the disaster management Act which has a provision of one year sentence or fine and section 188 of the Indian penal code, which has provision of six months of prison or fine, the DC stated that appropriate action will be taken if the reply was not found satisfactory.

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LAW/SECTION APPLICABLE:

  1. Section 188–

Disobedience to order duly promulgated by public servant.—Whoever, knowing that, by an order promulgated by a public serv­ant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple impris­onment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

  1. 2. Show Cause Notice:

When a Govt. official is held prima facie responsible for misconduct in the preliminary inquiry report, then show cause notice is issued by the disciplinary authority asking him to submit his reply as to why further proceedings be not initiated against him. In the show cause notice the delinquent is required to be informed that he is prima facie held responsible for the professional misconduct/lapse.

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MY VIEWS/OPINION:

After the conclusion of preliminary inquiry, a brief record of the proceedings should be prepared in writing. The inquiry should conclude into a report which should contain the findings as to whether there seems to be some substance in all or some of the allegations and to what extent a particular employee is responsible. After examining the report, the disciplinary authority should decide as to whether a prima facie case exists for the initiation of regular departmental inquiry or not.

Reply to the Show cause notice:

If the delinquent failed to submit his reply within the prescribed period, then the disciplinary authority is empowered to move further into the matter ex-parte or reminder may be issued to the delinquent to submit his reply.

CONCLUSION:

Thus the procedure for taking disciplinary action against a Government servant is lengthy and detailed one. A government employee is expected to perform his duties with utmost care, efficiency, economy and effectiveness. The procedure is lengthy in order to ensure that he performs his responsibilities without any pressure or corruption. But at the same time it ensures discipline amongst the employees and shows the door to the employees who have become dead wood and do not perform as per expectations of public in general and his department in particular.

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For case specific advice consults with service Law subject matter expert and gets professional Legal advice from Top High Court Service lawyer in Chandigarh Panchkula Mohali. Kharar Derabassi Zirakpur

This post is written by VISHISHTA MISHRA

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