Every public servant is bound to observe certain rules of conduct and discipline in the discharge of his/ her official duties. Failures to observe the rules and regulations amounts to misconduct. Service rules provide for disciplinary action against a Government servant for acts of misconduct.
The West Bengal Services (Classification, Control and Appeal) Rules, 1971 govern the disciplinary action against the employees of West Bengal Government. A detailed procedure for holding enquiry and imposing penalty by the disciplinary authority is defined in these rules. The disciplinary authority appoints an inquiring authority for the purpose of such enquiry. It is the duty of the inquiring authority to conclude the enquiry following the procedures laid down and on completion of the enquiry submit a report recording its findings on each article of charge and the reasons therefore.If the disciplinary authority having regard to the findings on the charges decides to impose any of the penalties it shall pass appropriate orders on the case. When any of the major penalties is to be imposed the disciplinary authority shall issue a show-cause notice to the charged officer and on receipt of representation, if any, from him shall consult the Public Service Commission for advice. If the disciplinary authority after considering the charged officer’s representation and the Public Service Commission’s recommendation is of opinion that penalty should be imposed appropriate orders shall accordingly be passed and communicated to the charged officer.