Anyways, Lets start with conduct rules.

Conduct rules

Conduct Rules lay down clear principles as to what the Government expects from its
employees.

Conduct rules apply to both official AND personal life of the government servant.

If an official violates conduct rules, he may face warning/disciplinary action/departmental

proceedings. They are very different from regular Criminal court proceedings. How?

Difference: Court vs Departmental

Proceedings
Court proceedings / Criminal trial
Judge hears both sides

Departmental proceedings / inquiry/Misconduct

Inquiry officer hears both sides.

Inquiry officer doesnt give punishment. He

merely sends his findings to the disciplinary
authority (e.g. Secretary of the department)

Then disciplinary authority decides punishment

against the employee.

Judge gives punishment.

Double jeopardy doesnt apply. e.g

Article 20: Protection against

Double Jeopardy applies.

No person can be prosecutedpunished for same offense twice.

1. court case is going on- yet department can start

its own proceedings/inquiry.
2. court acquits the accused employee- yet
department can continue its
proceedings/inquiry.
3. Officer files bogus bill to get LTC/Travelling
allowance. Department finds him guilty- orders
him to repay from salary, matter is considered
over. (Punishment #1). But Five years hence,
department refuses to give him promotion citing

earlier misconduct. (punishment #2)

Principles of natural Justice

apply in every case.
Every accused is given the
opportunity to defend himselfeven in the cases of national
security (e.g. Kasab, Afzal Guru)

Art.311: central-service/state-service/all India

service member cannot be
dismissed/removed/reduced in rank, except
after an inquiry with reasonable opportunity to
defend himself.

BUT this doesnt always apply.

For example President can remove an All India

service officer, in the interest of national
security -without holding any inquiry, without
giving reasonable opportunity to defend
himself, cross-examine witnesses etc.

Well see more about Art. 311 in separate article later.

Jurisdiction is territorial in
nature.

e.g. Hunting bear/deer is legal in

certain states of USA. Indian
citizen goes there, hunts wild
animals. Indian court cant
punish, when he comes back.

Department can still take action for conduct

unbecoming of a government employee.

e.g. Indian officer is sent abroad for training and

involves in those type of activities.

Doesnt apply to minor cases.

e.g. Boss himself witnesses that employee has

come late in the office/did not wear uniform/
was sleeping on job etc. He can cut salary.

same for smoking marijuana in

Netherlands and shooting
pornography in California.

Judge cannot hear the matter if he

himself is a witness / complainant in that
crime.

guilty employee gets

guilty person gets jail/fine/both

Major penalty: dismiss, remove, rank

reduction, compulsory retirement.

Minor Penalty: censure, withholding

promotion/ increment, recovering loss.

by the way warning, displeasure, suspension=doesnt

count as punishment. Well see more about types of
penalties in later article.

Police/Sarkaari Vakil will have

to prove the case beyond all
reasonable doubts that accused
person indeed committed the
crime.

Not necessary to prove the case beyond all

reasonable doubts.

If inquiry officer finds there is good chance that

employee did the mischief=> can declare him
guilty.

Decision is taken based on preponderance of

probability.

Doesnt apply. Inquiry Officer can even rely on

evidences that are not admissible in courts.
Examples in following points:

Burden of Proof in establishing

a case lies on the prosecution.

Benefit of doubt goes to the

accused.

Evidence Act applies

Criminal Procedure code applies

Hear-say evidence is not admissible

e.g. Witness claims someone told me
that Accused person had affair with that
dead woman.
Sting operations may be admissible
subject to certain criteria, such as the
court being satisfied about the
authenticity of the evidence and the
identity of the persons depicted.
Tape recorded conversations are
admissible in court. But there has to be
strong corroborative evidences,
otherwise termed as weak evidences.
Document cannot be accepted as
evidence IF the person who wrote the
document, is not available for cross-

Hear-say evidence may be accepted in a departmental

inquiry provided it has reasonable nexus and
credibility.
Inquiry officer may accept Sting operation as evidence
without such caveats. He may even hold the
government servant guilty- even if there is reasonable
doubt e.g. video is not showing his clear face.
Tape-recorded evidence can be freely admitted without
such caveats.
Can be accepted, even if document maker is not
available for cross-examination.

examination.
Evidence of accomplice needs
Evidence of accomplice may be accepted without
corroboration.
corroboration.
Circumstantial evidences enough for
conviction- but must complete the chain Can be accepted without completing chain of events.
of events.

Conduct rules: Examples

Conduct rules differ from service to service. example All India services have their own
conduct rules, central services have their own rules and state services have their own
rules.

Here goes the list of some conduct rules (not-exhaustive), that should help you write the
case studies related answer in a right direction.

Ive classified them in four types: conduct rules affecting your

1. office life
2. public life
3. financial life
4. personal life

#1: Conduct Rules4 Office Life

Respecting the hierarchy
1. Should apply his best judgment- except when acting under the direction of his superior
officer. He shall obtain such direction in writing. If impracticable to get written order on
spot, then get the written order as soon thereafter as possible.
2. Should not evade the responsibility by asking written instruction of superior, where it is
not necessary in the scheme of work distribution. (see the first case study at bottom)
3. Must not bring outside influence upon any superior authority for transfer, posting,
promotion etc.
4. Ensure his subordinates show integrity and devotion to duty.

5. For office matters, he must not directly approach court/tribunals for grievance redressal
before exhausting remedies in the departmental hierarchy. (i.e. Complaining to his
boss=>his boss=>his boss..if none of them helps, then approach court/tribunal.)

Work related
1. Must not engage a private person to perform his official duties. (see case study at bottom)
2. Unauthorized absence from duty=misconduct. (see case study at bottom)
3. Cannot do social / charitable service during office hours. (see case study at bottom)
4. Must finish his assignments within time and quality limits.
5. Must not to adopt dilatory tactics or wilfully cause delays in official work.
6. Needs to show respect, courtesy, cooperation to everyone.

Sexual harassment
Must not discriminate agains working woman. Must not indulge in sexual harassment- including
1. physical contact and advances
2. a demand or request for sexual favours
3. sexually coloured remarks
4. showing pornography
5. any other unwelcome physical, verbal or non-verbal conduct of sexual nature

Strike
1. Must not join any employee union/ labour union without government permission.
2. Must not threaten to go on strike to meet his demand / demand of any other Government
servant
3. hunger strike, refusal to accept salary, non-cooperation with superior officer and other
satyagraha type activities also forbidden.

Generic

1. maintain absolute integrity

2. maintain devotion to duty
3. Avoid conduct unbecoming of a Government servant. It is not possible to have an
exhaustive list of actions which would be unbecoming of a Government servant- but
overall, any conduct that goes against the general norms of morality, decency, decorum
and propriety = conduct unbecoming of a government servant.

Misconduct in previous job

1. Action can be taken against a Government servant in respect of misconduct committed by
him in his previous employment- IF it has rational connection with his present job that
renders him unfit and unsuitable.
2. e.g. Person working as accountant. but later court declared him guilty of forgery in an old
case related to his previous job.=> present department can take action. (And double
jeopardy doesnt apply).

#2: Conduct Rules4 Public Life

Public honor

Without government permission, he must not accept any honor, ceremony, meeting, rally
held in his honor (or in honor of another employee).

Farewell party during retirement/transfer=permitted.

Simple and inexpensive entertainments arranged by public bodies or

institutions=permitted.

Vindication of official acts

Suppose public/press has made some remarks against him for his official conduct. He cannot file
defamation suit against them or make press statements, without government permission.

Freedom of Speech

Shall not divulge information he got during his official capacity-to a third party- except
under good faith or when required by the law / departmental rules.

shall guard the official secrets. (Except where RTI applies.)

Shall not make any public utterance that would embarrass relations between
o union vs state
o state vs state
o India vs foreign country
o executive/judi./legislature
o Criticizing any policy of union / state government.

Needs government permission before publishing book / writing in newspaper / appearing

on TV radio EXCEPT literary, artistic or scientific character.

He shall not do above things even anonymously or pseudonymously.

Politics

must not take part in politics

must not give election fund/ assistance to any political party

Can vote. But must not tell his preference to other people.

Must not display any election symbols on his person, vehicle or home.

Must not participate in rally, dharna-pradarshan, and demonstration without government

permission.

#3: Conduct rules4 Financial Life

@Office
1. Must show diligence and probity in spending public money.
2. Cannot demand funds from anyone without government permission- even for good /
charitable cause. (see the case study at bottom)

Sharemarket

1. Must not make speculative investment in share market. Frequent purchase or sale of
bonds/equity=counts as speculation. Because speculative=risky=can make him indebted.
and indebted employee= more likely to accept bribes.
2. Must not buy shares/bonds from people he has official dealings with. because this opens
pandoras box for bribe transfer. e.g contractor sells his shares worth 1 lakh (at current
market rate) to engineer at a throwaway price of just Rs.10000.
3. An occasional investment in Mutual funds/ ULIP etc. permitted. But has to notify
government about such movable assets.

Private trade
1. Must not take any Private trade or employment without government permission.
2. Must not accept any fees from any public / private authority without government
permission. (e.g. can write scientific article in magazine without government permission
but IF magazine editor gives him money for the article=> must get governments
permission before taking that money).
3. Must not involve in management of any cooperative society, bank, and company without
government permission.
4. If he is an officer bearer in any Co-operative Societies, Institutions, clubs, gym etc. must
maintain its finances with full integrity.
5. Must not promote his family members insurance/commission agency.

Loans related
1. Must not lend money to any person at interest rate.
2. Must not borrow/lend money to any person he has official dealings with. (same for his
family members)
3. Can borrow/lend money to a friend/relative but only small amount, temporary period,
interest free.
4. Must avoid Insolvency and habitual indebtedness.

Property related
Must furnish details about movable or immovable property bought/sold by him or his family.
(including purchase, sale, renting, leasing, mortgage, gift.)

employee rank
class 3, class 4
class 2, class 1

furnish asset details to

head of the office
head of the department.

must not rent/lease his government quarter (house) to a third party

must avoid habitual indebtedness or insolvency

Must not make any investment/renting/leasing that is likely to embarrass or influence him
in the discharge of his official duties. (same for his family member)

#4: Conduct Rules4 Personal life

family=any person bound to him by blood / marriage, and wholly dependent on him.

Marriage/family
1. Bigamy prohibited. Even if bigamy permitted under his religions personal law- he needs
to get government permission.
2. Must not give dowry, take dowry or demand dowry.
3. Must not neglect his parents, wife and children.
4. Must not employ child labor
5. Observe age limit in marriage. Must not marry off his underage children, must not attend
such ceremonies of other relatives.
6. Must not involve in adultery, moral turpitude etc. Moral turpitude is not limited to sex
and unnatural relationship. It implies depravity and wickedness of character anything
that could shock the moral conscience of society in general.
7. protect environment, wild life and cultural heritage and other fundamental duties;

Public life of family members

1. Shall not use his position or influence to get job for his family member in a public/private
office.
2. needs government permission before his son / daughter to gets job in any private
undertaking that has official dealings with government

3. make all attempts to deter his family member from joining any organization that is
involved in subversive/ criminal activities.
4. must inform his departmental authority, if he is working with/under a government servant
who happens to be his relative.

Gifts
1. Must not accept gifts, free transport, boarding, lodging, lavish hospitality or frequent
hospitality etc. from anyone he has official dealings with.
2. Must not allow his family member/ middlemen to accept ^such gifts/hospitality either.
3. A casual/occasional meal, lift or other social hospitality = doesnt count as gift.
4. Can accept gifts during weddings, anniversaries or religious functions. As long as theyre
within reasonable limits and social norms.
5. Must declare expensive gifts received by him / his family member.

Arrest and detention

1. If arrested, he must inform the details to his superiors.
2. If spends more than 48 hours in police custody=automatically deemded suspended.

and ofcourse Desi Liquor

1. Avoid consumption of intoxicating drinks and drugs- even in areas where it is legally
permitted.
2. Must not come to duty while under influence of liquor/drugs.
3. Must not appear drunk in public places even during off-duty hours.
anyways, enough of conduct rules, lets check some case studies:

Cases studies
Seeking written order where unnecessary
1. (Suppose) an SDM is allowed to clear NGO project grants worth upto Rs.5 lakh on his
own discretion. SDM Prem Chopra cleared a file in good faith, but NGO had played

some mischief. Yet, Department held Prem guilty and transferred him to a non-focal
punishment post. New SDM DevAnand gets the charge. Another NGO comes up with
new project file. Cautious DevAnand forwards the application to DM Pran and seeks his
written instructions.
hint: Yes, Evading responsibility- seeking written instructions of superior, where it is
unnecessary in the scheme of work distribution. Same thing is happening post 2G, CWG and
Coalgate. Officers dont take decision on any project, keep forwardning files upward. Projects are
stalled, affects HDI, GDP, Foreign investment.

Disobeying written order

1

Honest employee GuruDutt is suspended by his corrupt Head of Department Prem

Chopra. Prem also sends written instruction to Accounts officer DevAnand to stop Gurus
salary with immediate effect and pay him subsistence allowance only. Guru is filing writ
petition and expects that court will give him favorable verdict within a week. Dev decides
to delay on Prems instruction and sanctions full salary to GuruDutt.

hint: Yes, Suspended employee is not entitled to full salary- he gets subsistence allowance only.
Therefore Prems written order is valid, irrespective of how corrupt Prem Chopra himself is. Dev
must not apply his best judgment in such situation. Devs decision of giving full salary to
suspended employee= insubordination and causing loss to public exchequer.

Hiring private citizen for public duty

1

Collector DevAnand is overburdened with work related to land records and RTIs. He has
requested the revenue department to give him an additional clerk but department refused
citing budgetary constraints. Vivek Mushraan is a fresh graduate preparing for UPSC
exam from his home. He offers to help part-time, for just 1500 per month. Dev hires him
and gives salary from his own pocket.

hint: Dev must not engage a private citizen to perform official duties. Because such private
citizen is not bound by the conduct rules, he can play mischief and bring disrepute to
DevAnands office.

Unauthorized absence #1
1

Dev recently cleared UPSC exam and got allotted to Revenue service. In his first posting
itself, He is shocked by the level of corruption in the department. His juniors and
superiors are stonewalling all of his attempt to provide honest administration. Dev is
frustrated, decides to re-appear in UPSC exam again to become an IAS/IPS/IFS hoping
hell have more freedom there. He stops reporting on duty. Boss Prem Chopra is happy
that headache employee is gone- continues sanctioning DevAnands full salary, takes no
action on Devs unauthorized absence from duty.

hint: Unauthorized absence from duty = misconduct. Both are guilty of wasting public money.

Unauthorized absence #2
1

Young DCP DevAnand leads a team to another state, to arrest a mafia don involved in
ransom cases in his city. But for the fear of information leakage, he doesnt inform his
superiors or the local police. During the raid don escapes, there is gun-battle in a public
place causing lot of panic and fear among local public. Commissioner Pran reprimands
DevAnand in front of his staff for this #epicfail, calling him idiot/incompetent etc. Dev
feels emotionally hurt and becomes Devdas, stops reporting on duty and goes to USA to
spend time with his cousin. Pran does not take any action thinking hotshots like
DevAnand are not suitable for police work but it is difficult to remove an All India
service officer because of the protections under article 311. so its good he is gone by
himself, Ill just ignore him.

hint: Unauthorized absence from duty = misconduct. Both are guilty of wasting public money.

Satyagraha
1

Same case like earlier. DCP DevAnand failed to arrest the Don despite all good faith.
Commissioner Pran reprimands DevAnand in front of his staff for this #Epicfail. Dev
feels emotionally hurt, goes on a hunger strike demanding apology from the
commissioner.

hint: using hunger strike to compel superior officer to do xyz thing=misconduct. It doesnt
matter how noble DevAnands act was. Because Taking cue from him, other employees might
also resort to similar hunger strike/ satyagraha in futre.= breaks the office discipline.

Social service during duty hours

1

Honest police officer DevAnand is given punishment posting in a training academy. He

has hardly any work to do, except taking salute from cadets in morning parade and
occasional signature on files. So, every day he leaves the office after lunch recess, to
teach poor kids in the local slum area. His juniors dont complaint and superiors dont
care, and so Dev continues his social service.

hint: cannot do social work during office hours. It doesnt matter how noble Devs act is.
Because taking cue from him, even other lazy employees may also run away after lunch, in
pretext of doing social service. Thus, in the long run, this will break entire work discipline in the
office.

Seeking charity for good cause

RTO officer DevAnand has to sign hundreds of applications related to driving license and
vehicle registration everyday. Clerk Prem Chopra keeps a box on his own table and tell
every visitor: This box is for Uttarakhand disaster victims. If you donate any amountIll keep your file on top when I bring the bunch to Dev-saab for signature, thus your file
will be cleared quickly. Dev knows about this but chooses to ignore because Prem
genuinely sends entire donation to the disaster victims.

hint: cannot demand funds/charity like this- even for good cause. Both guilty. It doesnt matter
how noble and honest Prem is. But taking cue from him, other employee might also start doing
same- for personal use (e.g. need money for sons cancer operation) and DevAnand will have
hard time preventing them-will cause resentment among staff, will break team spirit.

Just because computer is not working

1

Collector DevAnand has installed a new e-governance project in his district. All
complaints are registered through computer, they can track progress through SMS /email
alerts etc. But recently, Computer has stopped working in Tehsildar Prem Chopras office.
Department has not yet sanctioned funds to get it repaired/replaced. A Poor villager
comes with a petition how local patwari is not giving him land record copy. Prem refuses
to accept complaint citing dysfunctional computer and orders the villager to goto district
office where the computer must be working.

hint: Nothing prevents Prem Chopra from making a manual receipt of complaint. This is dilatory
tactic/work evasion. Public offices have functioned even before the invention of computers and
internet. Conduct unbecoming of a government servant.

Misc. cases
1

PWD engineer DevAnands wife wants to setup a beauty parlor. Local Contractor Prem
Chopra says Ive an empty shop, and Ill rent it to you at market rates. Dont worry, Im
renting in good faith, wont demand any favors from your husband later on.

hint: Dev should not allow her wife to make any investment/renting/leasing that is likely to
embarrass or influence him in the discharge of his official duties. Irrespective of what Prem
Chopra promises.
1

Subinspector Prem Chopra keeps big posters of Gods-Goddesses behind his desk. One
day DCP DevAnand notices this, callsup Prem in his office and orders him to remove
those posters. Within ten minutes, local MLA calls up Dev saying you should reconsider
your order, because it might hurt feelings of a particular community.

hint: Yes, Prem brought outside influence/pressure on his superior officer = misconduct.

Young steno Helen comes to office wearing t-shirt and jeans. Boss DevAnand orders her
to go back home and report in Saree/Salwar only. Helen directly goes to high court and
files writ petition.

hint: Directly going to court for grievance redressal without exhausting remedies in
departmental hierarchy= misconduct. (i.e. Helen should first complaint to Devs Boss about the
office dress code.)
1

After death of Government employee Prem Chopra. His wife Shashikala and mistress
Bindu both have applied for pension rights. Over a dinner-gossip, Pension dept. officer
DevAnand narrates this episode to his college buddy Pran.

hint: Divulging information that he got in official capacity to a third party-just for gossiping, in
absence of Good faith/ court order=not right.
1

DevAnand is the warden of police academy near Abad. Every Saturday he visit Abad to
buy rations from shopkeeper Prem Chopra for the hostel. Dev also brings his kid for
watching cinema/zoo etc. Every time Prem Chopra gives some toy, comics, ice-cream,
cola to the kid.

hint: Dev should avoid this type of frequent hospitality from a person he has official dealings
with.
In the next article, well see various types of enquries and case studies related to them.