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Law for High Court Section Officer · Chapter 9

Service Law and Administrative Law

What to remember

  • Discipline follows a fixed path: the AP Civil Services (Conduct) Rules set the behaviour expected of a government servant, and the AP Civil Services (Classification, Control and Appeal) Rules set the penalties and the procedure. Article 311 gives the constitutional shield.
  • RTI is a time-bound right: a reply within 30 days (48 hours if life or liberty is involved), a first appeal within 30 days and a second appeal within 90 days.
  • Free legal aid and Lok Adalats come from one law: the Legal Services Authorities Act, 1987, gives effect to Article 39A. A Lok Adalat award is final and is treated as a civil court decree.

Service law: the basic ideas

Service law deals with the rights, duties and discipline of persons who work for the State. A government servant holds office "during the pleasure" of the President or the Governor (Article 310). This pleasure is not absolute. Article 311 protects civil servants from arbitrary action.

Key terms a Section Officer must know:

  • Appointing authority: the officer who made the appointment. A person cannot be punished by an authority lower than this.
  • Probation: a trial period before confirmation in a post.
  • Seniority: the relative position of employees in a cadre. It decides promotion chances.
  • Suspension: temporary removal from duty while an inquiry is pending. It is not a punishment. A subsistence allowance is paid during suspension.
  • Disciplinary authority: the officer who can start proceedings and impose penalties.

AP Civil Services (Conduct) Rules, 1964

These rules apply to government servants of the State. They are a code of good behaviour. Main ideas:

  • Every employee must maintain absolute integrity, devotion to duty and must not act in a way unbecoming of a government servant.
  • Gifts: an employee must not accept gifts that are not in keeping with social custom. Gifts above a set value must be reported to the Government.
  • Political activity: an employee must not take part in politics or in any political movement, and must not canvass for any party in an election.
  • Private trade and employment: an employee must not engage in trade or business or take another job without the sanction of the Government.
  • Communication with the press and media: official information must not be passed on without authority.
  • Family matters: an employee with a living spouse must not marry another person. Taking or giving dowry is forbidden.
  • Intoxicating drinks and drugs: an employee must not be under their influence while on duty.
  • Speculation and debt: an employee must not speculate in shares or stay in debt beyond what is reasonable.

Breach of any conduct rule can lead to disciplinary action.

Discipline: AP Civil Services (CCA) Rules, 1991

The Classification, Control and Appeal Rules deal with how employees are classified, who controls them, what penalties can be given and how appeals work.

Penalties are in two groups.

GroupExamples
Minor penaltiesCensure; withholding of increments; recovery from pay of a loss caused to the Government
Major penaltiesReduction to a lower stage or post; compulsory retirement; removal from service; dismissal from service

Procedure for a major penalty:

  • 1. A charge memo lists the charges and the evidence.
  • 2. The employee gives a written defence.
  • 3. An inquiring officer holds an inquiry. The employee may inspect documents and cross-examine witnesses.
  • 4. The inquiry report goes to the disciplinary authority, which decides the penalty.
  • 5. The employee can appeal to the higher authority.

For a minor penalty, a simpler procedure is allowed, but the employee must still be told the charge and be heard.

Removal vs dismissal: removal does not stop the person from being employed again by the Government. Dismissal does.

Article 311 protects civil servants:

  • 311(1): no dismissal or removal by an authority lower than the appointing authority.
  • 311(2): no dismissal, removal or reduction in rank without an inquiry in which the person is told the charges and given a reasonable chance to be heard.
  • Exceptions to the inquiry: conviction on a criminal charge; where it is not reasonably practicable to hold an inquiry (reasons must be recorded); and where the President or Governor decides it is not expedient in the interest of State security.

Administrative law links

Administrative law controls how public authorities use their power.

  • Principles of natural justice: *audi alteram partem* (hear the other side) and *nemo judex in causa sua* (no one should be a judge in their own cause). A decision made against these can be struck down. A reasoned order is also a part of fair procedure.
  • Delegated legislation: rules made by the executive under power given by a statute. They are open to challenge if they go beyond the Act (*ultra vires*).
  • Judicial review: courts check whether an action is lawful, reasonable and fair. Writs under Articles 32 and 226 are the main tools.
  • Legitimate expectation: a person may expect a fair and consistent treatment from the authority based on past practice or promise.
  • Tribunals: special bodies set up for service and other disputes. Their orders can be tested before the High Court.

Right to Information Act, 2005

The RTI Act gives every citizen the right to get information held by a public authority. It was passed in June 2005 and came into full force in October 2005. It covers the Centre and the States (Jammu and Kashmir had a separate law earlier).

ProvisionPoint
Section 4Public authority must publish information on its own (suo motu disclosure)
Section 5Appointment of Public Information Officers (PIO)
Section 6Request in writing or electronically, with a fee. No reason needs to be given
Section 7Reply in 30 days; 48 hours if the matter concerns life or liberty
Section 8Exemptions from disclosure
Section 11Third-party information
Sections 12 and 15Central and State Information Commissions
Section 18Complaints to the Commission
Section 19First appeal and second appeal
Section 20Penalty on the PIO

Key points:

  • If a request is sent to the wrong authority, it must be transferred within 5 days.
  • First appeal: within 30 days to an officer senior to the PIO.
  • Second appeal: within 90 days to the Information Commission.
  • Penalty: Rs 250 per day of delay, up to a maximum of Rs 25,000, may be imposed on a PIO who refuses without reason or delays.
  • Exemptions (Section 8): information that harms the sovereignty, security or strategic interest of the country; information forbidden by a court; breach of legislature privilege; trade secrets; information held in a fiduciary relation; cabinet papers before a decision; personal information that has no public interest.
  • Public interest can override an exemption.
  • Some intelligence and security organisations are exempt (Section 24), except for matters of corruption and human rights violations.
  • The State Information Commission is led by a State Chief Information Commissioner, appointed by the Governor on the recommendation of a committee.

Legal Services Authorities Act, 1987

This Act gives effect to Article 39A (equal justice and free legal aid), which is a Directive Principle. It was brought into force in November 1995. National Legal Services Day is on 9 November.

Structure:

LevelBodyHead
NationalNALSAChief Justice of India is Patron-in-Chief; a senior Supreme Court judge is the Executive Chairman
StateState Legal Services AuthorityChief Justice of the High Court is Patron-in-Chief; a High Court judge is the Executive Chairman
DistrictDistrict Legal Services AuthorityDistrict Judge is the Chairman
Taluk/MandalTaluk Legal Services CommitteeSenior civil judge
Court levelSupreme Court and High Court Legal Services CommitteesA judge of that court

Who gets free legal aid (Section 12): members of SC and ST; victims of trafficking or begar; women and children; persons with disability; victims of mass disaster, violence or flood; industrial workmen; persons in custody; and persons whose income is below the limit set by the State Government.

Lok Adalat

Lok Adalat means "people's court". It is an alternative method of settling disputes by agreement. It is dealt with in Chapter VI of the Act.

  • It may settle pending court cases and also disputes at the pre-litigation stage.
  • It is led by a sitting or retired judicial officer, with other members such as social workers and lawyers.
  • Award: the award is deemed to be a decree of a civil court (Section 21). It is final and binding. No appeal lies against it, but a party can approach the High Court by a writ.
  • Court fee paid on the case is refunded when the matter is settled in a Lok Adalat.
  • It cannot decide cases of offences that are not compoundable by law.
  • Permanent Lok Adalats (Section 22B, added in 2002) deal with public utility services such as transport, postal, telegraph, insurance and hospital services. They can decide the dispute on merits if the parties do not agree, up to a monetary limit.
  • National Lok Adalats are held on the same day across the country from time to time.

Exam traps

  • Conduct Rules vs CCA Rules: conduct = behaviour; CCA = penalty and appeal.
  • Removal vs dismissal: only dismissal disqualifies a person from future government job.
  • Suspension is not a penalty; it is a step taken during the inquiry.
  • Section 7 time limits: 30 days normally; 48 hours for life or liberty.
  • First appeal (30 days) vs second appeal (90 days): do not swap them.
  • Penalty on PIO: Rs 250 per day, maximum Rs 25,000.
  • NALSA vs State Authority: the Patron-in-Chief at the national level is the Chief Justice of India; at the state level, the Chief Justice of the High Court.
  • Lok Adalat award has no appeal; a court judgment has an appeal.
  • Article 39A is a Directive Principle, not a Fundamental Right.

One-liners

  • 1. Article 311 protects civil servants against arbitrary dismissal, removal and reduction in rank.
  • 2. The AP Conduct Rules were made in 1964 and the CCA Rules in 1991.
  • 3. Censure is a minor penalty; compulsory retirement is a major penalty.
  • 4. A charge memo is the first step in a major-penalty inquiry.
  • 5. RTI Act 2005: citizens do not need to give a reason for seeking information.
  • 6. A PIO must transfer a wrongly filed request within 5 days.
  • 7. Information Commissions hear second appeals and complaints.
  • 8. The Legal Services Authorities Act was passed in 1987 and put into force in 1995.
  • 9. Free legal aid is a duty of the State under Article 39A.
  • 10. A Lok Adalat award is treated as a civil court decree.
  • 11. Permanent Lok Adalats handle public utility service disputes.
  • 12. The District Judge heads the District Legal Services Authority.

Practice questions

  1. The AP Civil Services (Conduct) Rules, which set the behaviour expected of State government employees, were made in

    1. 1972
    2. 1964
    3. 1991
    4. 1961
    Answer

    B. 1964

    The Conduct Rules are of 1964.

  2. The AP Civil Services (Classification, Control and Appeal) Rules were made in

    1. 1981
    2. 1991
    3. 1964
    4. 2005
    Answer

    B. 1991

    The CCA Rules are of 1991.

  3. Constitutional protection of civil servants against dismissal and removal without inquiry is found in Article

    1. 311
    2. 310
    3. 309
    4. 312
    Answer

    A. 311

    Article 311 gives the protection; Article 310 is the doctrine of pleasure.

  4. Which of the following is a minor penalty under service discipline rules?

    1. Removal from service
    2. Compulsory retirement
    3. Censure
    4. Dismissal from service
    Answer

    C. Censure

    Censure is minor; the other three are major penalties.

  5. Which of the following is a major penalty?

    1. Recovery from pay of a loss caused to the Government
    2. Censure
    3. Withholding of increments
    4. Compulsory retirement
    Answer

    D. Compulsory retirement

    Compulsory retirement is a major penalty.

  6. The Right to Information Act was passed in the year

    1. 2010
    2. 1998
    3. 2001
    4. 2005
    Answer

    D. 2005

    RTI Act is of 2005.

  7. Under Section 7 of the RTI Act, the normal time limit for a reply is

    1. 60 days
    2. 30 days
    3. 45 days
    4. 15 days
    Answer

    B. 30 days

    A PIO must reply within 30 days.

  8. If the information sought concerns the life or liberty of a person, the RTI reply must be given within

    1. 15 days
    2. 24 hours
    3. 48 hours
    4. 7 days
    Answer

    C. 48 hours

    Section 7(1) proviso gives 48 hours.

  9. A first appeal under the RTI Act must be filed within

    1. 30 days
    2. 15 days
    3. 60 days
    4. 90 days
    Answer

    A. 30 days

    First appeal: 30 days from the decision or expiry of the time.

  10. A second appeal under the RTI Act can be made within

    1. 30 days
    2. 180 days
    3. 45 days
    4. 90 days
    Answer

    D. 90 days

    Second appeal to the Information Commission: 90 days.

  11. The penalty on a PIO for each day of unreasonable delay is

    1. Rs 100
    2. Rs 500
    3. Rs 250
    4. Rs 1,000
    Answer

    C. Rs 250

    Section 20: Rs 250 a day.

  12. The maximum total penalty on a PIO under Section 20 of the RTI Act is

    1. Rs 50,000
    2. Rs 25,000
    3. Rs 1,00,000
    4. Rs 10,000
    Answer

    B. Rs 25,000

    The cap is Rs 25,000.

  13. The Legal Services Authorities Act was passed in

    1. 1987
    2. 1976
    3. 1995
    4. 2002
    Answer

    A. 1987

    Passed in 1987; brought into force in 1995.

  14. The Legal Services Authorities Act gives effect to which Article?

    1. 51A
    2. 39A
    3. 32
    4. 21A
    Answer

    B. 39A

    Article 39A: equal justice and free legal aid.

  15. National Legal Services Day is observed on

    1. 15 August
    2. 26 November
    3. 9 November
    4. 26 January
    Answer

    C. 9 November

    The Act came into force on 9 November 1995.

  16. The Patron-in-Chief of NALSA is

    1. The Chief Justice of India
    2. The Prime Minister
    3. The President of India
    4. The Union Law Minister
    Answer

    A. The Chief Justice of India

    CJI is Patron-in-Chief of NALSA.

  17. The District Legal Services Authority is headed by

    1. The Superintendent of Police
    2. The Advocate General
    3. The District Collector
    4. The District Judge
    Answer

    D. The District Judge

    The District Judge is the Chairman.

  18. Permanent Lok Adalats are meant mainly for disputes about

    1. Public utility services
    2. Election petitions
    3. Criminal offences against the State
    4. Property title in High Courts
    Answer

    A. Public utility services

    Section 22B deals with public utility services.

  19. Suspension of a government employee during a pending inquiry is

    1. A major penalty
    2. A minor penalty
    3. A form of removal
    4. Not a penalty but an interim measure
    Answer

    D. Not a penalty but an interim measure

    Suspension is not punishment; a subsistence allowance is paid.

  20. Which penalty disqualifies a person from future government employment?

    1. Censure
    2. Dismissal
    3. Removal
    4. Withholding of increments
    Answer

    B. Dismissal

    Dismissal disqualifies; removal does not.

  21. Under the Legal Services Authorities Act, an award of a Lok Adalat is deemed to be

    1. A decree of a civil court
    2. A recommendation only
    3. An order of an arbitrator that can be challenged in appeal
    4. A police report
    Answer

    A. A decree of a civil court

    Section 21 treats it as a civil court decree.

  22. What remedy by appeal is available against a Lok Adalat award?

    1. Appeal to the Legal Services Authority
    2. Appeal to the District Court
    3. No appeal lies
    4. Appeal to the High Court under CPC
    Answer

    C. No appeal lies

    The award is final; no appeal lies.

  23. If an RTI application is sent to the wrong public authority, it must be transferred within

    1. 2 days
    2. 30 days
    3. 5 days
    4. 10 days
    Answer

    C. 5 days

    Section 6(3): transfer within 5 days.

  24. A Public Information Officer is

    1. A judge of the High Court
    2. A member of the Legislative Assembly
    3. A police inspector only
    4. The officer designated to give information to applicants
    Answer

    D. The officer designated to give information to applicants

    PIOs are appointed under Section 5.

  25. A government employee who starts a private business without permission violates

    1. The Limitation Act
    2. The Conduct Rules
    3. The Evidence Act
    4. The RTI Act
    Answer

    B. The Conduct Rules

    Private trade needs Government sanction under the Conduct Rules.

  26. A disciplinary order passed without hearing the employee violates the maxim

    1. Audi alteram partem
    2. Pacta sunt servanda
    3. Caveat emptor
    4. Res judicata
    Answer

    A. Audi alteram partem

    Hearing the other side is basic natural justice.

  27. Rules made by the executive that go beyond the powers given by the parent Act are

    1. Intra vires
    2. Obiter
    3. Prima facie valid
    4. Ultra vires
    Answer

    D. Ultra vires

    Ultra vires means beyond power.

  28. Which person is entitled to free legal aid under Section 12 of the Legal Services Authorities Act?

    1. A government contractor
    2. A victim of human trafficking
    3. A high-income landowner
    4. A company director
    Answer

    B. A victim of human trafficking

    Trafficking victims are in the list; so are SC/ST members, women and children.

  29. A Lok Adalat cannot decide

    1. A pending motor accident claim
    2. A family maintenance dispute settled by consent
    3. A case on an offence that is not compoundable by law
    4. A pre-litigation bank dispute
    Answer

    C. A case on an offence that is not compoundable by law

    Non-compoundable offences are outside its power.

  30. An applicant under the RTI Act is required to

    1. Pay the prescribed fee without giving reasons
    2. Show personal interest in the matter
    3. Give reasons for seeking information
    4. Appear before the PIO in person
    Answer

    A. Pay the prescribed fee without giving reasons

    No reason needs to be given.

  31. Second appeals and complaints under the RTI Act are heard by

    1. The District Court
    2. The Public Service Commission
    3. The Lok Adalat
    4. The Information Commission
    Answer

    D. The Information Commission

    Sections 18 and 19(3).

  32. The first formal step in a major penalty proceeding is usually

    1. Passing the final order
    2. Hearing of the appeal
    3. Issue of a charge memo
    4. Review by the Governor
    Answer

    C. Issue of a charge memo

    The charge memo states the charges and evidence.

  33. Consider the statements: 1. Subsistence allowance is paid to an employee during suspension. 2. Suspension is the final penalty imposed after an inquiry. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    Suspension is interim, not a penalty.

  34. Consider the statements: 1. Article 311 allows dismissal by an authority lower than the appointing authority. 2. Inquiry may be dispensed with when the employee is convicted on a criminal charge. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    311(1) forbids lower-authority dismissal; the conviction exception is in the proviso to 311(2).

  35. Consider the statements: 1. A PIO who delays without reasonable cause can be penalised. 2. An RTI applicant need not give reasons for the request. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Both follow from Sections 20 and 6.

  36. Consider the statements: 1. A first appeal under the RTI Act is to be filed within 90 days. 2. A second appeal is to be filed within 30 days. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    D. Neither 1 nor 2

    The periods are reversed: first appeal 30 days, second appeal 90 days.

  37. Consider the statements: 1. Article 39A is a Fundamental Right. 2. Article 39A requires the State to ensure that justice is not denied by economic or other disability. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    It is a Directive Principle.

  38. Consider the statements: 1. A Lok Adalat award is deemed to be a decree of a civil court. 2. Court fee paid on the case is refunded when it is settled in a Lok Adalat. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    C. Both 1 and 2

    Both are correct.

  39. Consider the statements: 1. The Executive Chairman of NALSA is a senior Supreme Court judge. 2. The State Legal Services Authority is headed by the District Judge. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    The State Authority is led by a High Court judge as Executive Chairman.

  40. Consider the statements: 1. Removal from service bars the person from future government employment. 2. Dismissal from service bars the person from future government employment. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    B. 2 only

    Only dismissal bars re-employment.

  41. Consider the statements: 1. A government employee must not engage in private trade without sanction. 2. A government employee may canvass for a political party in an election. Which of the statements is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2
    Answer

    A. 1 only

    Political canvassing is barred by the Conduct Rules.

  42. Which of the following RTI Act pairs is correct?

    1. Section 20 - First appeal
    2. Section 4 - Appointment of PIO
    3. Section 19 - Penalty on the PIO
    4. Section 6 - Request for information
    Answer

    D. Section 6 - Request for information

    Section 19 is appeals; Section 20 is penalty; Section 5 appoints PIOs.

  43. Which pair is correctly matched?

    1. State Legal Services Authority - Patron-in-Chief is the Governor
    2. National Legal Services Authority - Patron-in-Chief is the Chief Justice of India
    3. Taluk Legal Services Committee - Chairman is the Tahsildar
    4. District Legal Services Authority - Chairman is the Chief Minister
    Answer

    B. National Legal Services Authority - Patron-in-Chief is the Chief Justice of India

    Only the first is correct.

  44. Which of the following information is exempt from disclosure under Section 8 of the RTI Act?

    1. Status of a pension application
    2. A public tender notice
    3. Information that would harm the sovereignty and security of India
    4. Names of officers responsible for a road work
    Answer

    C. Information that would harm the sovereignty and security of India

    Section 8(1)(a) exempts it.

  45. A Taluk (Mandal) Legal Services Committee is chaired by

    1. The District Collector
    2. The Tahsildar
    3. The Advocate General
    4. A senior civil judge
    Answer

    D. A senior civil judge

    A judicial officer chairs the Committee.

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