2nd ARC recommendations in this regard:

♤ The 2nd ARC has observed that legal protection given has created a climate of excessive security without fear of penalty for incompetence and wrong doing.

♤ In the proposed Civil Services law, the minimum statutory disciplinary and dismissal procedures required to satisfy the criteria of natural justice should be spelt out leaving the details of the procedure to be followed to the respective government departments.

♤ The present oral inquiry process should be converted into a disciplinary meeting or interview to be conducted by a superior officer in a summary manner without the trappings and procedures borrowed from court trials.

♤ No penalty of removal and dismissal should be imposed, except by an Authority, which is at least three levels above the post which the government servant is holding.

♤ No penalty may be imposed, unless an inquiry is conducted and the accused government servant has been given an opportunity of being heard.

♤ The two-stage consultation with the CVC in cases involving a vigilance angle should be done away with and only the second stage advice after completion of the disciplinary process should be obtained.

♤ Consultation with the UPSC should be mandatory only in cases leading to the proposed dismissal of government servants and all other types of disciplinary cases should be exempted from the UPSC’s purview.