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Profile of the Disciplinary Authority

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Profile of the Disciplinary Authority

Module: 3 - Profile of Disciplinary Authority
Table of Contents
  1. Role Perception of the Disciplinary Authority
    in Modern Business Organizations

  2. Statutory Responsibility and Accountability

  3. Pre-Inquiry Role of the Disciplinary Authority

  4. Action on Receipt of Report of Inquiry Officer

  5. Procedure for Disciplinary Cases for Imposing Minor Penalties

  6. Minor Penalties

  7. Oral Inquiry for Major Penalty Proceedings - Vigilance Lapses Involving Moral Turpitude - Initiation of Prosecution of Public Servants & Investigation by CBI - Part: 1

  8. Oral Inquiry for Major Penalty Proceedings - Vigilance Lapses Involving Moral Turpitude - Initiation of Prosecution of Public Servants & Investigation by CBI (Part: II)

  9. Oral Inquiry for Major Penalty Proceedings - Vigilance Inquiries Initiated Departmentally

  10. Major Penalty Proceedings Post Inquiry Role of Disciplinary Authority

Introduction - Role Perception of the Disciplinary Authority
in Modern Business Organizations

To the delinquent officer, who faces the ordeal of a departmental inquiry, the main focus of attention is towards the Presenting officer. He may feel that the PO is the trouble-giver. The PO is perceived as having bent on a hostile agenda and eager to inflict injury to the interests of the delinquent officer. Next is the inquiry officer, who is a dilemma and whose mind it is difficult to fathom. But the delinquent officer seldom realises that the person actually conducting the Inquiry is in the background. The person to ultimately decide his disciplinary case one way or other is the disciplinary authority, and that the IO and PO are only his field deputies placed at the "site". What really is the mission and role of the unseen Disciplinary Authority? Is he a fear-inspiring threat? Why does he interest in punishing employees for work-deficiency and skill-inadequacy equating these shortcomings as "misconduct", like the traditional school master applying his cane mercilessly on erring students', for their fault they are not up-to-date with the lessons already taught. Does knowledge transfer and percolate itself from giver to receiver instantly and stay firm with the receiver?

Discipline Management - Ends and Objectives

In fact the disciplinary authority should be primarily concerned with the state of discipline, purity and cleanliness of the workforce in the organization as a whole, and thereafter with handling individually of stray cases of erring employees, as the means towards achieving the main goal. The means employed become fruitless, when the overall objectives turn a wild dream. Thus there can be no gain in punishing employees, unless it acts as a deterrent and a preventive measure, secures overall purity and integrity in the organization. If the goal can be secured through positive steps, recourse should first be towards the same. Positive steps includes employee- selection, training, motivation, counseling etc. It also includes performance appraisal, review, advice, warning, caution etc. when required.

Obviously an employee is, inherently a productive asset. Otherwise he would not have been recruited. However his efficiency and sense of commitment may deteriorate in stages after appointment. Initially the productivity of the employee may start eroding and deficiency in performance may creep in, but he may still be an asset. In the next stage, after further erosion he turns a net liability. In the extreme, or last stage he poses a threat, as he is unreliable and untrustworthy. HRD policies should ensure that you select and recruit the most productive persons for employment and look after them well, such that they always remain highly productive and this productivity grows along with their tenure of service. This should be the objective of HRD.

Employee Training, Development and Motivation should precede, employee Performance Assessment and Identifying their Failures and Omissions

An Employee is a human being, and when selected initially he was in the first stage. He has qualities to grow, to stay stagnant or to decay, based on how he is developed and utilized. How he degenerates to the second, third or fourth stages? If the root causes can be detected, acted appropriately and plugged, instead of decline, he is made to grow and develop, this is the positive substitute of discipline enforcement, and an achievement without pains. In the next phase, curing therapy can be tried in stage 2 and to some extent in stage 3, but not in stage 4. Disciplinary punishment of the most rigorous category deserves to be applied in the case of 4th-stage employees, when the occasion demands.

Good Faith, the Basic Attribute for a Public Servant,
Implies Honesty Plus Efficiency

If we look precisely in today's corporate world characteristic of its global perception, discipline management has to be more than merely securing purity and cleanliness. We need a vibrant and quality-conscious work-force capable of functioning efficiently in well-knit Task Teams and Work-groups, as an assurance to stand and successfully realise the business objectives, and the corporate mission of the organization. Discipline management should therefore be positioned as the vehicle to secure the zeal and commitment of the employees, their willingness to identify themselves with the primary aims and purposes of the organization. The ultimate role of the disciplinary authority is to bring about the group synergy, group morale (representing universal job satisfaction) and the active participation of the employees as a team, merging personal objectives with the corporate goals, endowed with commitment for quality and acceptance of the customer charter of the organization, as their own goal. The Disciplinary Authority may handle individual cases for breach of discipline only as part or as a concomitant of the overall objective. Conducting departmental inquiries and awarding punishment in stray cases of employee-misbehaviour is only the last or a default function, that of handling exceptions, where exceptions should occur very rarely or should never be allowed to take place. This is possible if the objective of ensuring services with zero-level errors is aimed and pursued vigorously and achieved. This is possible only with total cooperation of the employees. In other words Quality should be accepted as a tradition of both management and by employees. It is obvious that while misbehaviour and recklessness of employees can be curbed by punishment, the qualities of developing "Care & Attention", imbibing the culture of Task Teams and Work Groups, which brings about performance-synergy cannot be brought about by the negative process of punishing employees.

Employees should act with "good faith". Here good faith implies two attributes, the first is "honesty of purpose" and the second and the equally important is "due care and attention". This is the definition given to good faith in the "Indian Penal Code" by Lord Macaulay, who drafted it, as the Law member of the Governor-General-in Council, more than 13 decades back.[Sec.52 Indian Penal Code -"Nothing is said to be done or believed in "good faith" which is done or believed without due care and attention"]

Today's corporate organizations function with a global perspective. Acute level of competition faced by them results that only the best managed corporates stay in the field and are able to meet the demands of the customers for quality products. Organizations in turn depend on the possession of knowledge resources as their prime source of sustenance, termed as their intangible capital, that can give them an edge over their rivals in the field. This intellectual capital of the organization is implicitly held in its possession. It is in fact direct hold of the employees of the organization, who now are being referred as "knowledge workers". Part of it is only transferred to the organization pool as 'structural capital', and held in databases and manuals.

Above All

Treat misconduct by an employee as a deficiency in skill or knowledge and allow the employee opportunities for correcting and developing himself to the needed minimum. This serves the interests of both the employee and the organization.

Gist of Corporate Objectives Relating to Discipline Management and Enforcement of Punishment in cases of Willful Deviations

  1. Recognize that a disciplinary action leading to inflicting punishment on an employee is a failure of HRD policy of the organization, as a war is the failure of diplomacy in the nations of the world. It promotes demotivation and retards development in the reverse direction.

  2. Screen job-applicants properly and recruit only the best and deserving persons for job in the organization. If you fail in the initial process, you will be loaded with a misfit workforce and have endless problems with them

  3. Secure worker Discipline by progressively developing their knowledge, capacity and skill at the overall level in the Organization and look to individual violations as stray exceptions. Provide full scope for employee development and promotion of their career path. Make career worth while, attractive and challenging

  4. Form Work Groups by emphsising on Team Development and group synergy.

  5. Look to discipline as the product or outcome of the HRD policies of selection, training and development. Make HRD effective and curb indiscipline before it originates.

  6. Understand the different types of misconduct in the functioning of employees, and deal with them individually as warranted to cure and prevent their recurrence.

  7. Organise group review meetings frequently, and review interactively performance of employees showing signs of deficiency.

  8. Give emphasis on the training and development of employees. Motivate employees, link reward to performance.

  9. Make progressive leaps and reach the level of the global organizations in securing quality and employee empowerment.



A Dynamic Role for the Disciplinary Authority in the Scenario of Global Competition

The 'pen and ink' procedures of the early 20th century cannot sustain the demands of today's management. The question today therefore is not "Misconduct by employees - how to handle?" The assertion today should be "Employee's misconduct - no it cannot take place in our organization."

This is the dynamic role of the disciplinary authority and discipline management is integrated with human resource development. It brings about a situation within the organization, that the disciplinary authority is able to secure more and more avenues to approbate employees for their unrivalled performance, and need for occasions to reprobate arise very rarely. It is much more than promoting discipline, purity and cleanliness in administration. It extends to empowering employees and making them precious and intrinsically valuable assets or capital of the organization. Today in MYBANK a few persons oversee 'human resource management', but several times that number are routinely engaged in the DAC sections of the Head Office and the Zonal/Regional centres and in the field conducting endless inquiries. We neglect employee development and training and concentrate on reviewing the shortcomings of our imperfect workforce. In trying to be legal, we turn legalistic to the extent of turning impractical or counter-productive. But are we better off in this approach? How Standard Chartered or American Express manage discipline in their services? There is no need to dispense with DA regulations or the power to conduct inquiries, but the system should turn stale due to non-use and in-operative in practice. The security guard is provided with a fire-arm? Does he fire with it every day? It is the function of the human resource development department of the Bank to bring about this new edge in the perception of HRD and of discipline enforcement in our mindset.

The role of the HRD is to train, develop and motivate employees and enable them to give better performance and earn better rewards in turn. We have launched the employees VRS scheme recently. But if we are able to cut DAC staff by 90% and increase the budget for training and skill-development of employee by 100% every year consecutively for a decade, we can also definitely reach the standard of global leaders of today in the corporate world.

It is not the question of the right of the authorities to invoke the powers to 'censure' an employee. But after 'censuring' him what? How it promotes the interests of the organization? Does it? This analysis should rightfully be done. Where certain things are unproductive or counter-productive, these should not be continued, and better alternatives should be searched for by way of substitutes.

A unit holding inventory of materials and stores can identify easily the fast moving, the slow moving and the obsolete items, through what is termed as "ABC Analysis". But it is not easy to identify system obsolescence and human obsolescence within an organization. Many things are blindly repeated and carried out at considerable cost with no result or even with adverse results. It is only this function of identification and removal of these two obsolescence that can deliver us the results. Discipline cannot be enforced by punishment alone. It goes with quality development and development of the morale of the group. Do not deal with Theory "X" endlessly, but replace it with "Theory Y"

HRD Policies Developed in the Western Countries during last three Decades

The developments in the thinking of the corporate bodies of the free world in the last three or four decades on human resource management are summarised in brief capsules and included as two supplementary chapters relevant to understanding the dynamic role of a Disciplinary authority, viz.

  1. Positive Approach - Promoting employees as Human Capital of the Organization

  2. Positive Approach -What is MBO?

Those interested may view these pages making use of the links provided.

Clear Knowledge of the Patterns of Misconduct by Employees
helps to Identify & Eradicate Misconduct At Source

Reference is also sought to the two chapters on 'Misconduct' included in my project literature "Integrity in Public Life & Service". Understand and learn all about positive (clean & pure) conduct and misconduct, and the factors that induce these traits to emerge to be able to deal with the problem at its roots, instead of fighting endlessly individual cases representing the visible symptoms of the problem. These chapters are-

  1. What is misconduct

  2. Categorisation of Misconduct

These should be taken as part of the knowledge/learning inputs for anyone desiring to be an effective and result-oriented disciplinary authority.


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[..Page updated on 20.11.2004..]<>[Chkd-Apvd-ef]