How to Face the Investigation

You can face the Investigating officer boldly, if he were not able to detect anything, which has not been already reported and brought to the notice of your controlling authorities, by you. You can also face him boldly if you have brought your house-keeping on track (to proper standards).You can face him, if all of what you have to explain at this stage is already conveyed to controlling office and these records are seen in the correspondence file. This will eliminate the scope for the investigating officer to make one-sided reporting at your expense. If you had not utilized your earlier opportunities and done these things, you have missed a golden opportunity and you have only to thank yourselves. Further these are actions, that you need not have to perform stealthily, but transparently in full limelight, as in this stage you are working to effect damage-control of a jeopardy that may threaten the Department you serve, as well as you.

Extend normal cooperation to the investigating officer and preferably give your version carefully drafted, precise and brief, though such information is already contained in the records, and request him that it should be incorporated in his report. This need not be the basic record prepared by you earlier. The basic record is a total account of happenings. What you have to explain to the Inspector is only with reference to any omissions or commissions that have been mentioned by the inspector on your part. Send a copy there-of to your controlling authority. The wording of your "Note" or "Handout" should not cover any admissions, but it should cover only explanations and steps that you had taken for protecting the interests of the Departments.

You can prevent mishaps by adhering to 20-point safety net. Or you can successfully perform crisis management and ward of a charge sheet. If you are tactful the investigator will find reasons to support you and de-link your responsibility as the cause for the untoward happening. "Things have gone wrong. But no member of staff is found responsible". If this happens, the matter ends there. But what if the investigating officer holds you responsible for specific irregularities (omissions and commission), but for which things would not have gone adverse according to him. This indicates the failure or partial failure of the preventive and pre-emptive stages and the charged officer moves to the crucial final phase i.e. "Protection-Seeking Stage", when he has to use his own skill and dexterity to explain and justify his actions.

Prepare yourself for the Contingency of an Investigation

Update files and keep correspondences put into respective files. I do not advise you to keep copies of official correspondence with you, unless if any letter is specifically addressed in your personal name, when it will be legally permissible for you to keep either the original itself or a photo-copy.(You are in fact the legal owner of such a letter). Your case dairy should include brief notes of all relevant and important letters (Material records). This is the basic record and this will serve usefully for all purposes throughout. Keep your office neat and tidy. Such things may not appear to be relevant to you, but these all convey that you are a person of customised principles and working. Even when the investigation is going, pay proper attention to customer service  and duties in your office, and ensure that the office is functioning smoothly. Do not exhibit any nervousness before the investigating officer. Do not try to solicit compassion from him. You are well and strong and stand on your strength, and what you seek for is not sympathy, but proper understanding and objective approach from the investigating officer.

Next Article on captioned subject "How to Effectively Handle Investigations: 

                                                    A Charged Officer’s Guide"

                                                await !!                                                                 and 

       follow the yourdefensecounsel.blogsopt.com. 

"share with all your communities and needy people"

Charged officer- what to do in pre-Emptive Stage

If You have Missed the Preventive Stage, Make full Use
of the Pre-emptive Stage

The best defense is try to undo the damage of threat of potential damage to the department. This the CO can partially or substantially accomplish in the initial stage, in the normal manner of carrying out his functions, utilizing the available resources of the department at his command. This is the phase in which the interests of both the department and the charged officer coincide, as the charged officer has not yet been indicted. The employer is still a "nurturing parent", but after ordering an investigation he becomes a "doubting parent" and when charge sheet is issued he is a "critical parent". But still he is your parent and you must know how to remain in his fold and not allow him to discard you from being his ward.

You have a better scope to rectify omissions initially, but the position changes once an investigation is ordered. At this stage the CO may not even be able to get access to the records relevant to the suspected elements/allegations. When the going is not turned bad, rectify what are termed as "irregularities", as many of them as possible. When the investigator enters the field subsequently, he will not come with a one-point programme of looking into a single transaction, of which someone has complained or where potential damage is feared. He comes most probably to show his expertise in "fault-finding". Do not get nervous, but update all collateral records, remove all procedural irregularities. Wherever certain matters were not reported to controlling office, like mandatory reports, submit them immediately; reply to authorities correspondence, and secure a transparency of your functioning. Remember you have not been indicted at this stage, make use of this "asset" to the full extent, looking things and representing things from the angle of securing the interests of the Department, but simultaneously working equally for your own protection. You can demolish more than 50% of the case against you, if you fully make use of opportunity at this stage.

Next Article on captioned subject "How to Face the Investigation"

                                                await !!                                                                 and 

       follow the yourdefensecounsel.blogsopt.com. 

"share with all your communities and needy people" 

Charged Officer- Pre-Emptive Stage

When the CO should Start Initiating Action for his Safeguards

We must start taking safeguards when the threat perception is perceived, but not after the threat emerges out. This is the pre-emptive stage. Many problems can be solved and a contingency of getting charge sheets warded off, if we are alert and active in this stage. If it is not possible to completely eliminate the problem, we can definitely dilute the crisis and make it less hazardous.

The disciplinary case commences not with the issue of the charge sheet on view point of Charged Officer, but in fact on receipt of the complaint against the CO and the decision to investigate the same. In fact , if the CO is alert, and gets wise according to the saying that "coming events cast forth their shadow", he can reasonably foresee trouble to brew much in advance, when some transaction in which he is connected or concerned brings adverse results and therefore becomes liable for a possible future inquiry. From this moment CO should start working for his safeguards and protection and cause steps to pre-empt the crisis. This is the pre-emptive stage. However the emphasis in the pre-emptive stage is primarily to ward off crisis with reference to the department he serves, which eventually indirectly amounts to working for his own safeguard.

One who faces risk in management, should build instinct expertise in risk management. There is no business venture, which can be managed without accepting reasonable risks. In fact business is a trade off between risks and reward. I have already explained preventive safeguards in the previous label/post, who face a multitude of what may be identified as "white-collar threats"

When some thing goes wrong why the Department charge sheets the charged officer? This is because what had happened has jeopardized the interests of the Department. The employer feels that things have gone wrong only because the charged officer has not acted prudently. Even when some things had not yet gone wrong, the occurrence of a potential threat of damage or loss may induce the department to take such a critical view. But this is a progressive or phased development, as the crisis appears, brews and develops into a full-scale threat or damage, when an investigation, to find out how things went wrong may be ordered, as a prelude to find a scapegoat.

 Guidelines for the Defense Assisting Officer

When DAO to assume Charge

DAO should not assume charge of the assignment only after receipt of intimation to the CO from the Disciplinary Authority to name his DAO, while appointing the inquiry officer and the presenting officer. The charged officer should approach the prospective-DAO when an investigation becomes imminent, and the dark clouds of a charge sheet looms large, threatening to emerge in the times ahead. Defense assistance will be more effective if arranged at the earliest possibility before the problem develops and confronts. Initially the role of the DAO is informal, but it is material and effective. It may be an invisible and silent role. The arrangement is one exclusively between the charged officer (though not yet charge sheeted he is being referred as the CO for easy reference) and the DAO (not yet designated as such) and the relationship is not given publicity or recognition.

Discussions with the Charged Officer and Identification
of the Problems likely to Emerge

The first job of the defense-assisting officer on acceptance of a role or assignment is to effect a moral booster and prepare the charged officer to meet the problem with courage, determination and firmness.

Investigation on behalf of the Defense & Compiling a Status Report

DAO would be briefed by the charged officer about the events that had taken place so far. But he should also conduct an independent investigation and collect all the relevant facts. He can examine records, contact the customers, colleague officers, as part of this exercise. This lends objectivity and the DAO is able to assess the general view or "Authorities view" of the events under controversy, that is to eventually culminate into the charge sheet. Charged officer cannot perform the task with as much ease and perfection as the DAO. This exercise conveys, who are the well-wishers to the charged officer, and who are hostile. As per the duty of one who conducts an objective investigation, the DAO is to maintain a dairy and compile a brief report, which may be named as the Initial Status Report. An Action chart is to be compiled based on this report, listing the points, where efforts towards remedial steps are urgently needed to strengthen the hands of the charged officer. As further progress develops, the Status Report and Action Point Chart are to be updated.

The first tasks of the DAO are to assess the situation and set the emergency steps on move. This helps to substantially dilute the regular investigation, when conducted subsequently. This is also will be discussed in the profile of the charged officer as the pre-emptive stage next posts. When the investigator steps in, he finds that there is more smoke and less fire, and he finds that there is nothing new for him to detect and report and the entire picture is transparent and brought to the notice of the competent authorities. When this is achieved this is the most effective part of the defense strategy.

Post-Investigation, Pre-Charge Sheet Stage

Focus attention of the authorities towards the problem confronting the Department and the quick steps needed for trouble shooting and make them pay no attention for settling score with the employee-officer at this stage. This is possible, by a vibrant system of taking quick successive steps and reporting progress achieved.

The DAO in this phase will look ahead and project the coming events. If there is an investigation, what are the core points that may reflect adversely about the charged officer? How best these could be mitigated or at least made lighter or diluted?

Where on a quick analysis, certain decisions/actions of the charged officer appear apparently as defective, analyze and find why did the CO took them? Is it due to carelessness or was he misinformed, or is it due an error of judgement. This diagnostic analysis will help to pin-point and define the "risk-prone" areas to be dealt with appropriately. Those actions which cannot be justified explicitly as according to rules or norms, can only be explained and burden lessened.

Various suggestions which will be made in the guidelines to the charged officer in upcoming articles, under heading "Pre-emptive Strategies" have to be attended, without acting against the conduct rules governing the Charged Officer and the DAO. This is possible and the strategy is properly explained in the guidelines to the charged officer.

Every day there should be mutual consultation and review of progress. The charged officer to look after steps to be attended, which are possible from within the branch itself, while the DAO may look after visiting places outside the branch and attending to such work, which are oriented outside the branch.

Post-charge Sheet and Pre-Inquiry Stage

DAO should again foresee possible outcome of the investigation report and charge sheet to advise follow-up action wherever feasible to lesson the gravity of issues affecting the charged officer.

Analysis of the Allegations in the Charge Sheet in the Background
of the departmental  Manuals, Rules and Guidelines 

The relevant quoted rules from manuals and conduct rules must be thoroughly cross-checked to ensure their correct applicability to the facts as narrated and that the interpretation of these rules has been appropriately applied. This exercise will help provide a clear picture of the charge sheet and form a sound basis for challenging it on technical grounds.

DAO's Responsibility for Tendering Preventive Guidance

It is the duty of the DAO to guide and regulate actions of authorities and other officers, in times of crisis. This may be called preventive counseling. If some mishaps takes place at one point the DAO must study how it has happened, and alert other officers to follow preventive steps and get the benefit of the knowledge learned from each failure of someone or other.

Watchdog Services of the DAO

But the second part of the function of the DAO is to ensure that systems benefits and safeguards provided in conducting departmental inquiries reach the charged officer undiluted. That the principles of natural justice are not denied, or are not made an empty formality, and that the inquiry is conducted bonafide by all concerned, i.e. the disciplinary authority, the inquiry officer and the presenting officer.

If the charge sheet issued does not conform to the rules of the Department, it should be taken up immediately with the disciplinary authority. 

If the Inquiry Authority is not appointed of a person capable of an objective, unbiased and open mind, DAO should raise objection, immediately on receipt of order of appointment and submit representation to the disciplinary authority, with a copy to the inquiry officer. If the disciplinary authority ignores the representation, and the inquiry officer proceeds with the oral inquiry, the objection should again be re-stated at the opening of the inquiry, and second time the objection should be sent to the disciplinary authority by Registered Post, with a copy to the appellate authority. In the copy intended for the appellate authority, it should he pointed out that the objection was originally raised before the disciplinary authority earlier vide letter dated....... and that the representation was not responded and actually ignored by the disciplinary authority on account of default of a proper response. Disregarding the objections the oral inquiry is commenced, which is grossly irregular and illegal. Hence the copy is being endorsed to the appellate authority. In all your representations, you may also request for personal hearing of your case before the disciplinary/appellate Authorities. If still the inquiry continues, no more action from your side for the present is needed, but participate in the inquiry holding under reserve your rights to act appropriately for the violations.

Violations of inquiry procedures, denial of facilities to the charged officer should be represented at the earliest, i.e. as and when they occur. Normally the Inquiry Officer must give his ruling, and where he does not comply with us, he must cite all your representations in the daily order sheets. If this is not done, this should be pointed out separately, as objection for the correctness of the order sheet and your written representation sent to the disciplinary authority also. Copies of all such representations may also be given to the PO, if he requests for it.

Despite all such provocation, your efforts should be to continue participating in the inquiry, with firm resistance at each and every stage and should not boycott the inquiry, as this provides them an opportunity to conduct the inquiry ex-parte.

Gross Abuse and violation of Inquiry Process -Acts of Malefide, Malice and Victimization

These are extreme cases, when the top authorities is corruption ridden and stoops to any level, to preserve and perpetuate its hold. It is the duty of the DAO to stand firm with the charged office and not to desert him at this critical point. Separate guidelines will be provided, how to handle such situations, in a series of web-pages, commencing Today.

DAO should also peruse the various guidelines provided and will be provided to the charged officer and treat them as part of his own additional guidelines.

Profile of Defense Assisting Officer

Profile of Defense Assisting Officer

CO undergoes a Problem & Needs Assistance and Help, while DAO is a

Service-Provider, & possess expertise to deal with the situation )

Both the CO and DAO engage themselves towards a single cause and act together to realize the same objective. In fact the DAO has chosen to lend his support and accept a common purpose with the CO. Their role should justifiably be co-extensive. They are therefore to play a combined role in a single assignment. This suggests that the formulation of one consolidated role-profile in respect of both CO and DAO to be ideal. But then why are these being discussed separately?

The above statement is partly true, which does convey implicitly that it is also partly wrong. It is true that they have common cause, in other words a common destination to reach. But otherwise there are subtle differences in their respective perspective and placement.

The charged officer is the affected officer. He faces the charge sheet. It is forced on him and he has no choice. He has therefore to meet the challenge. To supplement his skill resources in meeting the ordeal he has approached the defense assistant for his support and service.

For the Defense-assisting officer, it is not a personal problem. But he possesses professional skill in addressing and meeting such problems faced by other officer colleagues. Associating with him will help the charged officer. The relations between the two are similar to that between an advocate and his client or that between a service-provider one who seeks the benefit of such service. While the advocate may charge a fee to the client, the service of DAO is out of goodwill and friendship and is normally honorary. DAO is in a position to look at issues more objectively, efficiently, moderately and calmly and provide the problem solution, which alone the CO may find it difficult to achieve.

For the charged officer it is a one-time experience. He does not want to entangle in further charge sheets or inquiries. But for the DAO, it is an exercise in development of his skill and expertise in defense assistance. It will be part of his mission to assist in future other officers similarly facing charge sheets. It is thus a combination of a person facing a problem aligning with a person possessing the skill to address and redress the problem.

While so, the charged officer is better possessed of the knowledge of the facts of the disciplinary case, while DAO can be deemed to be better equipped with knowledge to devise the strategy based on his familiarity with the procedural standards of departmental inquiry. He plans and finds how best to develop and present the defense of the charged officer, and where to rebut the evidence of the PO, and where to explain appropriately the case of the CO and disarm such seemingly adverse-evidence with minimum effort. He brings forth instances where system deficiencies have led to emergence of adverse operational results and pinpoints that the charged officer is not to be blamed blindly and arbitrarily. Where bonafide risk taking causes victimize the innocent, the DAO is quick to point out the appropriate policy guidelines of the department in this respect to protect the charged officer. The DAO on account of skill and past experience and capacity for intensive analysis of the issues involved and extensive knowledge about inquiry procedures, is able to provide all these intricate arguments in defense pleading. DAO is an asset if selected judiciously in this perspective. He acts as a force-multiplier to the charged officer. Their roles are not exactly common, but they are supplementary and make a sum-total, with the benefit of synergy accruing on account of the combination. If one efficient and moderate DAO is developed, as one light will dispel darkness in a whole room, the single DAO will dispel security risks and service hazards for the entire community of officers at a place. A single doctor can keep an entire village disease-free, so do a single DAO can keep employee-morale high in a public office beset with an environment of corruption and nepotism. In fact the resource development in this web-site is evolved keeping the objective of turning every versatile officers into accomplished DAOs.

Difference between the Roles of the PO and DAO

PO pleads and argues the case of the management, while the DAO that of the charged officer. But there is a subtle difference in between the roles of the two. If the PO does not perform his job satisfactorily, he cannot escape since he is under the discipline and control of the department. But in respect of the DAO, the charged officer has no such authority or control. When appointed as PO, an officer is duty bound to accept the assignment. But on the part of DAO he should not agree and accept the assignment unless he is thoroughly convinced that the charged officer faces an ordeal and needs assistance to overcome the same and that he will be in a position to render him effective assistance.

Essentially PO is an employee entrusted with a statutory function (holding both administrative & statutory responsibility), while DAO can be considered as a professional bound by professional ethics & responsibility. DAO is also an employee, but the employer has permitted him to undertake the professional responsibility. As far as the job of defense assistance is concerned, DAO feels free of the control of the employer. It is similar to a situation, where the officer opting as DAO is on a deputation, and allowed to look to the interests of the CO in the departmental inquiry. When not performing responsibilities as DAO or once when the inquiry is over, he reverts as a normal employee.

Professional/Moral Responsibility of the DAO

Having accepted the task, the DAO must deem it a mission or goal and must adhere to the same steadfast, with total zeal and commitment. He must assist the CO to present the case before the inquiry officer/disciplinary authority, and later if need be at the Appeal and Review Stages. He must also provide legal assistance when needed for seeking judicial remedies. He must be in a position to help colleagues facing prosecution under PC Act. For rendering such assistance he must be able to effectively interact with advocates and render them the case-briefs and set out the remedies to be sought. All these should not be considered far-fetched. It is our officer-community which handles all the litigation matters, where the interest of the Department warrants. They submit proposals for filing of suit, interact with lawyers and pursue the cases in court. Will it be then difficult to exercise similar skill for the personal interest of colleague officers of your stream?

All guidelines for the charged officer becomes also guidelines for the DAO. In fact the entire web-site is intended for the purpose giving impetus to officers thinking in terms of defensive strategies. An alert DAO can grasp the intricacies of the Prevention of Corruption Act, The Indian Evidence Act, the various guidelines provided by the Vigilance Commission about conducting departmental inquiries adhering to recognized standards and norms, as also the notifications/guidelines of the Government of India for the same purpose.

It is necessary that the person opting to become DAO must provide guidance at all stages and should possess the necessary skill and expertise, where an officer in a Department faces different kind of ordeals from unscrupulous customers or capricious authorities. With this introduction a few salient standards or measures by way of supplementary instructions for the DAO are given.

A progressive authorities should appreciate the work of the DAO, when through his skill and ability he is able to establish the innocence of the charged officer and gets him exonerated of the charges. If the genuine purpose of the inquiry is to establish the truth, the DAO has provided efforts to realize this objective and his role should be considered as positive. This is a service not only for the benefit of the charged officer, but for the overall purposes of the Department. But for his role the authorities could have wrongly punished and thereby victimized an officer, who really is not guilty. In such a contingency the disciplinary authority should come forward to explicitly appreciate the role of the DAO, while commenting the role of the other participants. In a Criminal Trial it is common for the trial Judge to complement good work of the defense counsel, which results in proving that the accused is innocent and sets him free. All advocates are deemed as officers of the Court. These are healthy standards and it is for progressive employers to adopt them while conducting departmental inquiries.

Guidelines for Charge Sheeted Officer

Prevention is the Best Cure

If you are in Public Service, do not cross the "Lakshmanreka". Do not lend opportunity to your Disciplinary Authority to charge sheet you. As you look after your health, bestow care on the security of your service and your fair name. We do not fell sick instantly. It happens when we neglect health guidelines, and inflict on our body a burden beyond the level of its resistance. Prevention is the best cure. So it is in our service. If still charge sheeted, equip yourselves to face the resultant situation boldly holding your head upright.

Accept the 6-Step and 20-Point safeguard Code & Ethics

No doubt these guidelines are elaborate and when perfected transform you into a specialist and professional in service law. Immediately you may not become well-versed in subjects like Prevention of Corruption Act, 1988 or Indian Evidence Act. But these are resources for a life-time protection and preservation. Start imparting and understanding those material that can be done immediately and go after other items in a phased manner. The best way to deal with a charge sheet is to take precautions to avoid getting the same, and when you happen to be an unfortunate victim to get into it, be well-armed before-hand to meet the threat. This is the objective of following the "6-Steps and 20-Points of Action". These are recounted for your ready reference.

Step-1: Secure A positive Environment Around you

1. He (the public servant) must be honest to the core. This saves him from pitfalls and brings him in department with other honest persons, who normally form the silent, but positive majority. He gets the sympathy and understanding of the like of him. Knowing him to be steadfast and honest, the influence peddlers and favour-seekers will choose to avoid him. This is a negative gain.

2. He should not only be honest, but also seen to be honest within his organization. This is possible if he follows structured procedures and maintains proper accountability and supporting records to establish the bonafides of his decisions and actions. This shields him against misdirected victimization. He is able to defend himself in any judicial/quasi-judicial forum effectively in case the need arises.

3. >He must enforce the integrity of employees reporting to him. It keeps him in a clean surrounding and in company of an unpolluted team. He saves himself from falling a victim of misdeeds and frauds committed by his subordinates, who report to him directly. As per CCS Conduct Rules 1964 an officer employees is not only responsible for his personal integrity, but also for enforcing discipline and integrity of all juniors reporting to him

4. He should shun of corrupt persons and desist from extending support to such persons. This will also secure him a reciprocal gain. Undesirable persons will know that he is not amenable to easy baits and will hesitate to approach him. "Keep away from the corrupt environment and though shall be safe." This will render you as not only honest, but to be seen as honest. It will help you to avert the pitfall of inadvertently abetting misdeeds of such unbecoming colleagues or others.

Step -2: Ensure Thoroughness in the Discharge of your Job-Responsibilities

5. He must be well-versed and possess the knowledge content and skill demands of his job, and up-to-date with the operational rules and guidelines prescribed therefore. Ultimately no one can be a successful manager in the modern competitive business environment of the Information age and global perspective, without an in-depth knowledge of the departmental Rules and guidelines. Competency and integrity go together and needless to point out that incompetency and corruption sail together. Devote an average of one hour per day and learn useful things that will make an impact on your performance

6. He must follow structured systems and procedures and should not exceed the boundary of authority delegated to him. Whenever you take a decision for the department keep a record of the justifying background, i.e. the circumstances that prompted you and precedented rules if any to take the decision. This is the meaning of structured approach. A brief memorandum or note explains the reasons that prompted you to take a particular decision at a particular point of time. Also collect all relevant data and information from the authority or subordinate office with whom you deal and in whose favour the decisions have been taken by you. This explains why you took the decision and also how the decision taken by you is seen justified.

7. Do not transgress written codes of your department based on oral orders of your seniors. Learn about exhaustive rules of the Government of India with regards to verbal orders  and refer CCS Conduct Rules 1964.

8. Give prompt attention to inward mail relating to your branch or office and reply all communications then and there. Do not keep others in suspense.

9. Submit all relevant and mandatory reports to the prescribed authorities promptly. Prompt information system is an index of your transparency, as well as efficiency.

Step -3: Develop Capacity for Trouble-shooting

10. Learn the Law that govern your personal security. He should familiarize himself with the provisions of relevant enactment and regulations that relate to Public Servants ( Manuals, Guidelines, CCS CCA Rules, 1965 CCS conduct Rules 1964, If GDS, GDS Conduct and Engagement Rules 2020). Ignorance of law lends no shield when prosecuted erroneously for wrongs not committed. Knowledge of law relevant to a person bestows him not only self-confidence, but he is also able to defend himself properly in a crisis. An attempt to confer you this knowledge resources will be made in this web site in upcoming days in different titles for the Common Man and for public servants and procedures for conducting/defending Departmental Inquiry.

11. He should be well versed with the provisions of Conduct Rules, Service Rules, and Discipline and Appeal Rules applicable to his them and also requirement that update the judicial judgements on service matters day to day.

12. He must also be familiar with the jurisdictions and functions of the vigilance enforcing agencies (like the Central Vigilance Commission, Central Bureau of Investigation, Vigilance set-up of the department). The enforcing agencies are intended as much to protect the innocent and honest, as they are for punishing the wrong doers. A brief sketch on CVC and CBI is also intendent to included in the upcoming publications on Crime & Punishment.

13. He must be well-acquainted with information about reputed NGOs and other forums fighting towards purity and probity in public life and able to secure their support in exigencies. When there is a shield available, it is valuable to know its presence and avail it when the need arises. 

14. He must be aware of judicial remedies for remedying injustices and wrongful injuries inflicted on him in his Service. This is the line of ultimate resort to get justice, when elsewhere it fails. The procedure for seeking writ remedies and filing cases in CAT  seeking specific reliefs and gist of enactment relevant to public servants will be explained in the 

Step -4: Link Yourselves to Clean Groups/Associations of like Minded Officers and Secure Benefits of Group Synergy

15. Be a member of informal clubs or associations of officers/employees for bonafide exchange of problems confronted in the service towards seeking solutions thereof.

16. Do not support corruption. Honest and hard-working employees should be vigilant and join powerful anti-corruption forums with a clear program of action to report misdeeds to appropriate authority. But do not embark on witch-hunting or magnifying trifles. The law does not recognize trifles and legal forums are over-burdened with overdue litigation.

17. Develop Group Synergy. A Group of officers should combine purposefully and specialize in service matters with a complementary approach, so that they can pool their knowledge and mutually support each other and others of their community. This is the concept of the work-group, whose power is much more than the aggregate powers of the individuals involved. The concept is also termed as "Synergy" in literacy. The power of a group is unlimited, as its synergy adds unlimited strength to members of the group. Understand all about Team-Working and Work-Groups and informal groups.

Step -5: Understand that Knowledge is Strength and Information is Power -
Acquire Strength & Become Powerful

18. Acquire firm knowledge about Department. Many officers may have a thorough knowledge of departmental Rules and procedures defining internal working and operations. But they are deficient in the knowledge about their working environment. You have to be able to appraise the capabilities and personal commitment in discharging duties. Your success finally depends on your ability to discriminate a good work. Knowledge needed to distinguish opportunities, as well as threats emanating from external environment is essential. In short you must possess a sound knowledge of your department.

19. Develop Management skill and expertise. Those who hold executive responsibilities and control specific segments of the department, must possess basic knowledge of human resource management, behaviour sciences and vigilance management.

    Step -6: Keep Peter Away

20. Do not allow Peter Principle to overtake and retard your competency. When moving to a new job and responsibility learn all about the new job and acquire equal proficiency therein. For this you must know about Peter Principle.

The Essential Need for a Charged Officer to Develop Skills for His Protection & Safeguard

 

Thus, despite several checks and balances, viz. conducting preliminary investigation that is supposed to be objective to find the material facts, the commitment to quasi-judicial approach and the provision of natural justice to the delinquent officer, a very large number of frivolous charge sheets surface, followed by imperfect departmental inquiries putting officers to unjustified misery and suffering. The tool for correction and prevention of wrong-doing, turns an unguided missile, misses deserving targets and hits persons, who should not be subjected to such strikes.

The system of departmental inquiry, despite the safeguards of quasi-judicial standards and principles of natural justice may not deliver a persecuted officer by remedies automatically from wrongful injury. These are vehicles, like automobiles, which need careful steering & expert driving to lead quickly to the destination, breaking all obstructions mid-way. It is the charged officer who has to work towards his defense and protection. To his support and aid he can avail the various safeguards, but if the prime efforts of the charged officer are wanting, he is no where near getting justice.

The Guidelines Package for the Charged Officer

The elaborate guidelines in the upcoming pages recognize this ground reality. This is not to frighten or to dismay you, but merely to alert you and keep you in proper vigil. If you face formidable threats, you also have powerful tools of remedy. But by themselves the remedies are static. It is you, who have provide the thrust and render them mobile to draw them to your timely rescue. There is also a message for charge sheeted officers from me, and my service experience, as stated therein are available to any of them at any time.