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Combined Probationary Training Programme WELCOME TO THE SESSION ON Maharashtra Administrative Tribunal & Tips to Probationers
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AGENDA Protection to civil Servants (Article- 311 ) Natural Justice & Reasonable Opportunity Criminal Proceedings & Disciplinary Proceedings Administrative Tribunals - Set up, Rules and Procedures Tips to Probationers.
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Protection to Civil servants - ( Constitutional Provisions) ARTICLE - 309 Powers of Parliament/ State legislature to regulate recruitment & service conditions of persons serving in the union/State Proviso- Powers of President/Governor ARTICLE - 310 Doctrine of service at pleasure - Tenure of office of persons serving the union/ State ARTICLE - 311 Protection against dismissal, Removal & reduction in rank
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Protection to Civil servants- Article 311 311(1) - No civil servant or a person holding a civil post shall be dismissed or removed by an authority subordinate to authority which appointed him. 311(2) – No civil servant or a person holding a civil post shall be dismissed, removed or reduced in rank except after an inquiry, in which charges against him are informed to him and reasonable opportunity of being heard is given in respect of such charges.
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Article 311 (contd) Proviso(1)- When a penalty is proposed on the basis of evidence during inquiry there is no necessity to give an opportunity to make representation on the penalty proposed. Proviso(2)- This clause does not apply a) When a person is dismissed or removed or reduced in rank on the ground of conduct which led to his conviction on a criminal charge or
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Article 311 (contd) b) where the Authority empowered to dismiss or remove a person or to reduce him in rank is satisfied that for some reason, to be recorded in writing, it is not reasonably practicable to hold such inquiry or c) Where the President or the Governor as the case may be, is satisfied that in the interest of the security of the state,it is not expedient to hold such inquiry.
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Article 311 (contd) 311(3) – If in respect of such persons, as aforesaid, a question arises whether it is reasonably practicable to hold such inquiry as is referred to in the clause(2), the decision thereon of the authority empowered to dismiss or remove such person or to reduce him in rank shall be final.
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Natural Justice & Reasonable Opportunity Natural Justice Meaning & Scope Reasonable Opportunity- Meaning and scope Few examples of violation 0f principles of natural Justice 1) No Notice 2) No Opportunity, 3) No Fair hearing 4) No opportunity for cross examination 5) Indefinite suspension
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Criminal Proceedings & Disciplinary Proceedings Nature and scope Conduct of simultaneous Proceedings ? Action after conviction Action after acquittal
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Administrative Tribunals 1) Article 323-A Of the Constitution 2) Administrative Tribunal Act 1985 3) Composition of Maharashtra Administrative Tribunal 4) Jurisdiction of the Tribunal- All Service matters 5) Limitation 6) Procedure of The Tribunal 7) Proceeding before M.A.T.- A Judicial Proceeding 8) Powers to punish for contempt. 9) Scope for Review by Tribunals
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Tips for Probationers Areas Covered Probationary period Attitude and behaviour Official duties Managing the boss Communication with subordinates Relations with politicians Other areas like Health, family, anger/ego/Time Management etc.
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Probationary period Take the probation seriously Prepare and clear Departmental or any other examination at first attempt Be a keen observer Prepare case studies Keep in touch with seniors
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Attitude and Behaviour Positive attitude Integrity and character Devotion to duty Self discipline Behaviour
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Behavioural techniques SIX most important words I admit I made a mistake FIVE most important words I am proud of you FOUR most important words What is your opinion ? THREE most important words Will you please ? TWO most important words Thank you ONE most important word We ONE least important word I
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Official duties Do not talk about predecessors/ successors Study the GR, Circulars, judgements minutely Do not sign without reading Write the judgements/ Speaking orders personally Special attention for personal items of work, timely visits to sub.offices, co-op.org. etc. Show correct disposal/ Writing true diary Ensure transparency & consistency Effective use of technology & Time Management Locate a mentor and consult him when necessary
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Communication with subordinates Appreciate at right time Inculcate sense of participation Boost morale and encourage discipline Emphasize good points, soft pedal bad ones Be open and listen Be accessible Reprimand & punish wherever necessary
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Managing the boss Watch out your performance Understand the boss and act accordingly Build trust between you and him Never expose the Boss to surprises Never underrate the Boss
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Relations with politicians Do not get identified with any party/ group Do not get pressurized Learn to say “NO” Do not ask for favour Give appropriate response to their suggestions State your views honestly
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Other Areas Anger Management Ego Management Time Management Stress Management Family Health charity
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Internet Blog on “Departmental Inquiry” http://departmentalinquiryenglish.blogspot.com http://departmentalinquiryenglish.blogspot.com http://departmetalinquirymarathi.blogspot.com
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WISH YOU ALL A BRIGHT & SUCCESSFUL CAREER
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