Abstract
The policy and practice link in conducting the disciplinary proceedings is pertinent. The primary goal of this manuscript is to contrast India's approach to government employee discipline with that of eight other advanced nations. The gap between policy and practice in disciplinary proceedings involving accused employees is critically examined in the paper. Nonetheless, the main focus of this research is to investigate how unjust proceedings have affected society. With the help of real-time forensics, this article evaluates the gap between the employee suspension policy and practice. The forensics divulges the abuse of power in the disciplinary process sufficient to compel this article to critically highlight the adverse impacts of the detrimental practice on society. Informed personal interviews with the stakeholders (N = 34) reveal that the employee suspension practice deviates from the policy. Employee suspension evolved as a “state-sanctioned oppression”, a “cruel joke to unemployment”, and a “safe instrument to screen the offence of the powerful”. The two significant findings of the study are, firstly, faulty disciplinary practice increasing social injustice, unemployment and resultant youth violence, and secondly, usage of suspension as an instrument to suppress or screen the traces of offence. Relying on the definitions provided in the verdicts of Indian courts, the manuscript calls for a revisit to the practice in the context of misconduct, malpractice, and victimization. We choose research areas that have not received much attention and create an agenda for the future to decrease the discrepancy.
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Appendix 1
Appendix 1
Extracts (Reproduced) from the VSSUT Act-2008 used in this article.
Act No | The Act |
|---|---|
A 12 (5) | If the VC is of the opinion that any order or decision which is required to be passed or made by any authority of the University is necessary to be passed or made immediately and it is not practicable to convene a meeting of the said authority for that purpose, he may pass such order or take such decision as he deems proper and place the matter before the said authority at its next meeting for ratification, and where the authority differs from the Vice-Chancellor, the matter shall be referred to the Chancellor whose decision thereon shall be final |
A 12 (6) (b) | Subject to the provisions of this Act, Statutes, Regulations and Rules the Vice-Chancellor shall have the power to suspend, dismiss or otherwise punish any employee of the University below the rank of Assistant Registrar (AR) including non-teaching employees |
A 19 (2) | Composition of the Board |
A 19 (6) | Seven members shall constitute the quorum for the meetings of the Board |
A 20 (vii) | Subject to the provisions of this Act and the Statutes, the Board shall appoint teachers and officers of and above the rank of an AR and to prescribe their duties |
A 20 (ix) | Subject to the provisions of this Act and the Statutes, the Board shall suspend, discharge, dismiss or otherwise take disciplinary action against teachers and officers of and above the rank of AR |
A 20 (xvii) | Subject to the provisions of this Act and the Statutes, the Board shall delegate any of its powers to the Vice-Chancellor or any other authority or officer as it may deem fit |
Extracts (Reproduced) from 1t Statutes of VSSUT-2010 used in this article.
Statute no | The sStatute |
|---|---|
S 15 (2) (x) | He (VC) shall have authority to transfer, assign specific duties to all officers and non-teaching staffs and monitor their performance. He shall institute any disciplinary proceedings including suspension against any of the errant employee |
S 15 (2) (xi) | He (VC) shall review the performance of the teachers and officers of the University and submit a report thereon to the Chancellor. Based on the report and his own assessment, the Vice-Chancellor shall recommend action to be taken for consideration of the Chancellor |
S 101 | Application of Government Rules, Classification of Posts Rules 12, 15 and 16 of the Orissa Civil Services (Classification, Control and Appeal) Rules, 1962 as amended from time to time and the Government clarifications issued thereunder in the matter of suspension and for imposing major and minor penalties not inconsistent with the Act and Statutes, shall apply Mutatis Mutandis to all employees of the university |
S 103 (v) | Nature of Penalties: Suspension; |
S 105 (1) | Procedure for Imposing Penalties No order imposing any of the penalties specified in items (i) to (v) of Statute 103 shall be passed except after—(a) the University employee is informed by the Disciplinary Authority in writing of the proposal to take action against him and the allegation on which it is proposed to be taken and is given an opportunity to make any representation as he may wish to make; (b) such representation, if any, is taken into consideration by the Disciplinary Authority |
Extracts (Reproduced) from Rule 12 (1) of OCS (CC&A) Rules-1962 on Suspension.
The appointing authority or any authority to which it is subordinate or any authority empowered by the Governor or the appointing authority in that behalf may place a Government servant under suspension: |
(a) Where a disciplinary proceeding against him is contemplated or is pending, or |
(b) Where a case against him in respect of any criminal offence is under investigation or trial |
Extracts (Reproduced) from Government orders/ Letters.
No. GAD-SC-DMS-0001-2017-9162-Gen. dated 29th April 2017 | |
G1 | DPs in most of the cases are not being attended to sincerely for its early disposal which is in contrary to the public interest |
No.5144/Gen, Dr 06.03.2010 | |
G2 | Officer shall be placed under suspension, when there is prima facie evidence of gross misconduct or serious dereliction of duty, especially in financial matters on his/her part and there is reasonable presumption that the proceedings are likely to be culminate in major penalty |
G3 | There are instances, where suspensions have been made for minor offences. Besides unusual delay occurs in initiating disciplinary action against delinquent Government servant placed under suspension. Moreover, in many cases of suspension, proceedings initiated are handled in a very casual manner |
G4 | Continuance under suspension for a prolonged period not only adds to the suffering and humiliation of Government Servant, but also costs heavily to the state exchequer |
G5 | A routine recourse to the provision of suspension may be avoided |
G6 | In the past, a number of circulars has been issued to regulate DP and suspension. But the situation has remained unchanged over the years |
G7 | Suspension of delinquent Government Servants shall be limited to instances of gross misconduct serous dereliction in duty, financial irregularity causing huge loss to the state exchequer, misappropriation of Government Money, Gross indiscipline, cases involving integrity or moral turpitude on the part of the Government Servants |
No.11943-SC-3–4/99-Gen 22.04.1999 | |
G8 | An Officer is placed under suspension when there is Prima facie evidence of Gross misconduct or serious dereliction in duty, especially in financial matters, on his part and there is a reasonable presumption that the proceedings are likely to culminate in the award of a major penalty |
G9 | It is, therefore, necessary that the charges against him should be enquired into and disposed of with the utmost expedition. It has,however, been noticed that, after an Officer is placed under suspension the urgency with which the suspension was processed is lost and the proceedings against him are dealt with like other proceedings where the charges are far less serious and where it has not been considered necessary to suspend the Officer |
G10 | The suspended Officer suffers continued inconvenience and humiliation and Government have to pay him the subsistence allowance without getting any work from him |
G11 | Orders are passed by the Tribunal setting aside the suspension where it is unwarranted and mechanically ordered without proper application of mind and paying heed to the above cited instructions |
No. 5175-S.C./4–12/1994-Gen. dated 20.03.1995 | |
G12 | Adequate attention is not being paid by the concerned authorities for expeditious disposal of Departmental proceedings start against Government |
G13 | Government servants under suspension, remain as such for a considerably long time and thereby undergo considerable difficulties and heavy loss is also caused to Government for paying them Subsistence Allowance |
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Panigrahi, S.P., Swain, D. (Un-)Just Proceedings: Assessment of Social Impact-Evidence from Employee Suspension Practice in India. Soc Indic Res 170, 543–560 (2023). https://doi.org/10.1007/s11205-023-03211-9
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DOI: https://doi.org/10.1007/s11205-023-03211-9