REGARDING LEGAL BINDINGS, EXCEPTIONS & IMMUNITIES OF THE PUBLIC SERVANTS ON DUTY

2.  India is a country governed by the Rule of Law;
In India the source of all Legislation , enactments
and powers and functioning of the State are
governed by The Constitution of India, 1950.
The Constitution has certain provisions governing
Services under the Union and State.

3.  Article 309. - Appropriate Legislature regulates the
recruitment, and conditions of service of persons
appointed, to public services and posts in
connection with the affairs of the Union or of any
State.
 Article 310. – Every public servant holds his office
during the pleasure of the President and /or the
Governor, as the case may be.
 Article 311. – No public servant shall be dismissed
without following the due process of law.

4.  Section 21 of THE INDIAN PENAL CODE,
1860, defines Public servant which includes:-
 Every Commissioned Officer in the Military,
 Every Judge, Every officer of a Court of Justice,
 Every juryman, assessor, or member of a panchayat
assisting a Court of Justice or public servant;
 Every arbitrator or other person to whom any cause
or matter has been referred for decision or report by
any Court of Justice, or by any other competent
public authority;
 Every person who holds any office by virtue of which
he is empowered to place or keep any person in
confinement;

5.  Every officer of the Government whose duty it is, as
such officer, to prevent offences, to give
information of offences, to bring offenders to
justice, or to protect the public health, safety or
convenience
 Every officer whose duty as such officer, to take,
receive, keep or expend any property on behalf of
the Government,……..
 Every officer whose duty it is, as such officer, to
take, receive, keep or expend any property, to
make any survey or assessment ……..

6. Section 2 of the PREVENTION OF CORRUPTION ACT, 1988,
defines Public servant
as any person :-
 in the service or pay of the Government or remunerated by the
Government by fees or commission for the performance of any
public duty & in the service or pay of a local authority & in the
service or pay of a corporation or a Government company;
 Judge, including any person empowered by law to discharge any
adjudicatory functions & any arbitrator or other person to whom
any cause or matter has been referred for decision or report by a
court of justice or by a competent public authority;
 who holds an office by virtue of which he is empowered to prepare,
publish, maintain or revise an electoral roll or to conduct an election
or part of an election.

7.  who holds an office by virtue of which he is authorised or
required to perform any public duty;
 any person who is the president, secretary or other office-
bearer of a registered co-operative society / corporation
receiving financial aid from the Central or a State
Government;
 who is a chairman, member or employee of any Service
Commission or Board, by whatever name
called,
 who is a Vice-Chancellor or member of any governing body,
professor, reader, lecturer or any other teacher or employee,
of any University and who is an office-bearer or an employee
of an educational, scientific, social, cultural or other
institution receiving financial aid from the Central or a State
Government.

8.  The service of any public servant is governed by
the West Bengal Services (Appointment, Probation
and Confirmation) Rules, 1979.
 These rules apply in cases of appointment on entry
into Government service.
 It applies to all persons who are whole-time
employees of Government, including those paid
out of contingencies but employed throughout the
year.
 The exceptions are stated in its section -2 , sub-
section – 3.

9.  All appointments on entry into Government service shall
initially be made on temporary basis.
 He shall be deemed to be on probation on completion of
continuous temporary service for two years after his initial
appointment in a post of service or cadre ;
 the period of probation shall be one year & no formal
declaration shall be necessary for such probation ;
 On completion of the period of probation the appointing
authority shall either issue formal declaration making the
probationer permanent or take such action as may be considered
necessary in terms of the provisions of the Services (Training and
Examination) Rules, where passing of any departmental
examination is essential before confirmation.

10.  A probationer may not be confirmed until he has served on
probation, passed the test or examination, the passing of
which under his service rules is a condition of confirmation.
 No increment or pay may be allowed to a probationer, until
he is confirmed.
 A probationer may at any time be discharged from service by
the appointing authority, if considered by that authority to be
unsuitable for the service or post to which he was appointed.
 An order discharging a probationer shall indicate the grounds
for the discharge.
 No appeal shall lie against an order discharging a
probationer.

11.  The West Bengal Service Rules, Part - I
 The West Bengal Service Rules, Part- II
 The West Bengal Services (Classification,
Control and Appeal) Rules, 1971
 The West Bengal Services (Death-cum-
Retirement Benefit) Rules, 1971
 The West Bengal Services (Duties, Rights and
Obligations of Govt. Employees) Rules, 1980
 The West Bengal Services (Determination of
Seniority)Rules 1981
 The West Bengal Treasury Rules, 2005

12.  The West Bengal Service Rules, Part –I, contain the rules relating
to the conditions of service (excluding pension, compensatory
allowances and medical attendance) of officers w.e.f. Oct. 1971 ;
 These Rules Deals with issues like :-
 Abstaining from or refusal of work,
 Resorting to strike,
 Compulsory waiting,
 Head of Departments and Head of Office,
 One time Confirmation and Lien,
 Officiate,
 Age on first appointment & its condonation,
 Whole time at the disposal of the Govt,
 Increment & Withholding of Increment,
 contd………..

13.  Re-employment Pay,
 Fees and Remuneration,
 Dismissal , Removal and suspension,
 Dismissal, Removal and Suspension (Rules 70 to 74A),
 Compulsory Retirement,
 Voluntary Retirement,
 Taking over charge by officers/staff,
 Leave Rules (Rules 34, 141 to 221),
 Combination of different kinds of leave,
 Leave Encashment,
 Etc……for which please refer to the WBSR , Part- I.

14.  This Rules deals with the different kinds of Allowances as:-
 CONDITIONS REGULATING THE DRAWAL OF COMPENSATORY
ALLOWANCE
 DIFFERENT KINDS OF TRAVELLING ALLOWANCE
 DAILY ALLOWANCES
 GENERAL CONDITIONS AS TO ADMISSIBILITY OF
 TRAVELLING ALLOWANCE
 JOURNEYS ON TOUR
 JOURNEY OF A NEWLY-APPOINTED GOVERNMENT EMPLOYEE
TO JOIN HIS FIRST POST
 JOURNEY ON TRANSFER
 CONTROLLING OFFICERS
 COMPENSATORY ALLOWANCE

15.  Rights imply duties. Duties imply obligations to perform. No
right can be absolute as it may result in liberty with license to
do anything & this Rule, prescribes the conduct of the
employees working under the Govt. of West Bengal, as:-
 RULE – 3 , THE DUTIES :-
 Every Govt. employee shall faithfully and quickly discharge his
duties, assigned to him ;
 shall rise above all personal, political or other considerations and
maintain integrity, impartiality and devotion to duty;
 must carry out faithfully the duties and responsibility entrusted
to him as a Public servant;
 practice, promote and encourage collective functioning ;
 and not suffer from any kind of bias; &
 submit their Asset Statement Declarations regularly.

16. • Rule 4 : Rights of Govt. Employees :-
 to form associations/federative bodies of the employees;
 right to strike except the members of the executive, judicial, administrative,
allied administrative, medical, engineering and educational services;
 shall enjoy full democratic rights except being a member of any political
party;
 with prior intimation to authority and subject to the provision of Clause 7 of
Rule 5 participate in a radio or television programme subject to certain
controls ;
 may contribute any literary or scientific writing to any newspaper or
periodical subject to certain controls .

17. Rule 5: Obligations of a Govt. Employee : No Govt. employee shall :-
 commit any misconduct or take any illegal gratification or obtain
valuable from persons concerned in his official dealings
 except with prior sanction of the appointing authority acquire of
dispose of any immovable property by any means
 lend money to or obtain loan from public, business house or trader
 who has a wife/husband living shall contract another marriage
without divorce even under any persona law of the community
 shall employ or engage any subordinate for any domestic, private or
personal service.
 use or permit private use of Govt. Vehicles, safe except for official
business;
 Shall not leak out official secrets;
 consume or be under influence of any intoxicating drink or drug in
course of his duty
 shall not accept any gift except religious or social customs
 shall not engage in trade, employment, business excepting honorary
work

18. 
 It governs the disciplinary actions against State Govt. employees
empowering the Government to cause :-
Suspension (under Rule 7) as : –
 if in the opinion of the authority he has engaged himself in activities
prejudicial to the interest of the security of the State;
 or Where a case against him in respect of any criminal offence is under
investigation or trial ;
 or disciplinary proceeding or departmental enquiry is contemplated or is
pending & if he is even released on bail ;
 or detained in custody for more than 48 hours;
A Govt. employee on suspension is entitled to subsistence allowance

19.  Penalties (under Rule 8) :-
 The following penalty may be imposed as :-
 Censure ;
 Withholding of increments or promotion ;
 Recovery from pay of the whole or part of any pecuniary
loss caused to Govt. by negligence or breach of orders;
 Reduction to a lower stage in the time scale of pay ;
 Reduction to a lower time scale of pay, grade, post or
service ;
 Compulsory retirement ;
 Removal from service, which shall or shall not be a
disqualification for future employment under Government;
 Such Penalties, imposed shall invariably be recorded in the
confidential character Roll/ Service Book

20. Disciplinary Authority and Appellate Authority
( Rule-9 and Rules 14, 15 and 21)
 Appointing authority is competent to act as disciplinary authority.
 An Officer performing current duties in absence of appointing authority
cannot issue charge sheet. The Govt. can confer powers on an officer
other than an appointing authority to dismiss a Govt. employee provided
he is not subordinate in rank to the appointing authority.
 The disciplinary authority in respect of Group A and B is the Governor &
for Group C and D, the appointing authorities.
 For Group A and Group B Officers, the Governor persona designata is the
appellate authority while for others, it is the authority immediately
superior to the disciplinary authority.
 Appeal should be submitted within 3 months—but it may be accepted
beyond that date, if the appellate authority is satisfied about the reasons
of delay.

21.  Provides for Public Servants the provisions
regarding OFFENCES AND PENALTIES
 Under sections:-
 7.Public servant taking gratification other than
legal remuneration in respect of an official Act
 Taking gratification, in order, by corrupt or illegal
means, to influence public servant
 11.Public servant obtaining valuable thing without
consideration from person concerned in
proceeding or business transacted by such public
servant
 13.Criminal, misconduct by a public servant
 14.Habitual committing of offence
 15.Punishment for attempt

22. INDIAN PENAL CODE, 1860 DEALS WITH THE PENAL PROVISIONS as:-
Under CHAPTER IV, GENERAL EXCEPTIONS, (where nothing is an
offence when any act is done ) -
 Sec-76 by a person bound, or by mistake of fact believing himself
bound, by law.
 Sec- 78 pursuant to the judgment or order of Court
 Sec- 79 by a person justified, or by mistake of fact believing himself,
justified, by law
 Sec- 80 accident in doing a lawful act
 Sec- 81 likely to cause harm, but done without criminal intent, and to
prevent other harm.
 Sec- 88 not intended to cause death, done by consent in good faith for
person' s benefit.
 Sec-92 in good faith for benefit of a person without consent.
 Sec-95 causing slight harm
 Sec-97 right of private defence of the body and of property

23.  166. Public servant disobeying law, with intent to cause injury to any person
shall be punished with simple imprisonment for a term which may extend to
one year, or with fine, or with both.
 167. Public servant framing an incorrect document with intent to cause injury
to any person shall be punished with imprisonment of either description for a
term which may extend to three years, or with fine, or with both.
 168. Public servant unlawfully engaging in trade shall be punished with
simple imprisonment for a term which may extend to one year, or with fine,
or with both.
 169. Public servant unlawfully buying or bidding for property shall be
punished with simple imprisonment for a term which may extend to two
years, or with fine, or with both; and the property, if purchased, shall be
confiscated.
 170. Personating a public servant shall be punished with imprisonment of
either description for a term which may extend to two years, or with fine, or
with both.
 171. Wearing garb or carrying token used by public servant with fraudulent
intent shall be punished with imprisonment of either description, for a term
which may extend to three months, or with fine which may extend to two
hundred rupees, or with both.

24.  191. Giving false evidence
 192. Fabricating false evidence.
 194. Giving or fabricating false evidence with intent to procure
conviction of capital offence
 202. Intentional omission to give information of offence by
person bound to inform
 203. Giving false information regarding an offence committed.
 217. Public servant disobeying direction of law with intent to
save person from punishment or property from forfeiture
 218. Public servant framing incorrect record or writing with
intent to save person from punishment or property from
forfeiture.
 219. Public servant in judicial proceeding corruptly making
report, etc., contrary to law
 221. Intentional omission to apprehend on the part of public
servant bound to apprehend.
 222. Intentional omission to apprehend on the part of public
servant bound to apprehend person under sentence or lawfully
committed

25.  123.Evidence as to affairs of State.- No one shall be permitted to give any
evidence derived from unpublished official records relating to any affairs of
State, except a with the permission of the officer at the head of the
department concerned, who shall give or withhold such permission as he
thinks fit.
 124.Official communications.- o public officer shall be compelled to disclose
communications made to him in official confidence, when he considers that
the public interests would suffer by the disclosure.
 125.Information as to commission of offences.- No Magistrate or police-
officer shall be compelled to say whence he got any information as to the
commission of any offence, and no revenue-officer shall be compelled to say
whence he got any information as to the commission of any offence against
the public revenue.
 162.Production of documents.- A witness summoned to produce a
document shall, if it is in his possession or power, bring it to Court,
notwithstanding any objection which there may be to its production or to its
admissibility.The validity of any such objection shall be decided on by the
Court.

26.  Sec. 40- It is the duty of the officers employed in
connection with the affairs of a village to make certain
report to the Magistrate or Police about any offence
happened and criminal element residing therein;
 Sec. 66- Service of Summons on Government - Where
the person summoned is in the active service of the
Government, the head of the office in which such
person is employed shall thereupon cause the summons
send to him to be served on the desired Public Servant;
 Sec. 91- Summons issued to produce document or
other thing by any Court or any officer in charge of a
police station for production of any document or other
thing that is necessary or desirable for the purposes of
any investigation, inquiry, trial or other proceeding;

27.  It is a legislation to provide for the delivery of public
services to the people of the State within the stipulated
time limit and for matters connected therewith and
incidental thereto;
 The State Government may from time to time, specify
the Public Authority, services, to be rendered,
Designated, Appellate & Reviewing Officer and
stipulated time limit for service by notification in the
OFFICIAL GAZETTE for the purposes of this Act.
 Every eligible person shall have the right to obtain
Public Services in accordance with the provisions of this
Act.

28.  If the Designated Officer fails to provide service without
sufficient and reasonable cause, then he may be
imposed with a penalty which shall not be less than
rupees 250 and not more than rupees 1000 or a penalty
at the rate of rupees 250 per day for such delay but not
be more than rupees 1000 and /or , disciplinary action
against him may be started.
 the Competent Officer can recommend cash incentive
not exceeding one thousand rupees in aggregate in
favour of a Government servant against whom no
default is reported in one financial year, with certificate
of appreciation which shall be duly recorded in his
service book.

29.  The Hon’ble Supreme Court in Vishaka and Others Vs. State of
Rajasthan and Others laid down the Guidelines and norms to
prevent or deter the commission of acts of sexual harassment ;
 It was Ordered that it shall be the duty of the employer or other
responsible persons in work places or other institutions to
prevent or deter the commission of acts of sexual harassment
and to provide the procedures for the resolution, settlement or
prosecution of such acts by taking all steps as required;
 For this purpose, sexual harassment includes (whether directly
or by implication) as:
 a) Physical contact and advances;
 b) A demand or request for sexual favours;
 c) Sexually coloured remarks;
 d) Showing pornography;
 e) Any other unwelcome physical, verbal or non-verbal conduct
of sexual nature
contd………….

30.  All employers or persons in charge of work place whether in public or private
sector should take appropriate steps to prevent sexual harassment by :-
 notifying , publishing and circulating about it in appropriate ways.
 The Rules/Regulations of Government and Public Sector bodies relating
to conduct and discipline should include rules/regulations prohibiting
sexual harassment and provide for appropriate penalties in such rules
against the offender.
 As regards private employers, steps should be taken to include the
aforesaid prohibitions in the standing orders under the Industrial
Employment (Standing Orders) Act, 1946.
 Appropriate work conditions should be provided in respect of work,
leisure, health and hygiene to further ensure that there is no hostile
environment towards women at work.
 Criminal Proceedings can be initiated under the Indian Penal Code or
under any other law,
 The victims of sexual harassment should have the option to seek
transfer of the perpetrator or their own transfer.
 Disciplinary Action can be initiated against the wrongdoers.