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What is Rule 56(J) of Central Civil Service?

The Rule 56 (J) of Fundamental Rules for Civil Services is in news because 12 officers of IRS (Income Tax) and 15 officers of IRS(Customs & Indirect Taxes) were compulsorily retired by Government of India under Rule 56(j) recently.Rule 56(j) is one of the oldest Rule in Government. However, this rule was used sparingly in exceptional situations only.This rule can be reinforced not only for Strengthening of administration but also to issue warning to the Employees those who are underperforming. Despite this genuine reason to reinforce this Rule, there is constant fear that it may be misused by higher authority to victimize the government employees those who are not willing to act upon their whims and fancies.According to 56 (j) of Fundamental Rule“The Appropriate Authority shall, if it is in the opinion that it is in the public interest to do so, have the absolute right to retire any Government servant by giving him notice of not less than three months in writing or three months’ pay and allowances in lieu of such notice:If he is in Group ‘A’ or Group ‘B’ service or post in a substantive, quasi-permanent or temporary capacity and had entered Government service before attaining the age of 35 years, after he has attained the age of 50 years.In any other case, after he has attained the age of 55 years.Government servant shall be entitled to a retiring pension provided that the appointing authority may also give a notice in writing to a Government servant at least three months before the date on which he is required to retire in the public interest or three months’ pay and allowances in lieu of such notice.Government of India’s viewThe officer would live by reputation built around him. In an appropriate case, there may not be sufficient evidence to take punitive disciplinary action of removal from service. But his conduct and reputation is such that his continuance in service would be a menace to public service and injurious to public interest.Thus while considering integrity of an employee, actions or decisions taken by the employee which do not appear to be above board, complaints received against him, or suspicious property transactions, for which there may not be sufficient evidence to initiate departmental proceedings, may be taken into account.Similarly, reports of conduct unbecoming of a Government servant may also form basis for compulsory retirement.Observation by Supreme CourtThe Supreme Court has observed in State of Gujarat Vs. Umedbhai M. Patel. 2001 (3) SCC 314 as follows:(i) Whenever the services of a public servant are no longer useful to the general administration, the officer can be compulsorily retired for the sake of public interest.(ii) Ordinarily, the order of compulsory retirement is not to be treated as a punishment coming under Article 31 of the Constitution.(iii) “For better administration, it is necessary to chop off dead wood, but the order of compulsory retirement can be passed after having due regard to the entire service record of the officer.”(iv) Any adverse entries made in the confidential record shall be taken note of and be given due weightage in passing such order.(v) Even un-communicated entries in the confidential record can also be taken into consideration.(vi) The order of compulsory retirement shall not be passed as a short cut to avoid Departmental enquiry when such course is more desirable.(vii) If the officer was given a promotion despite adverse entries made in the confidential record, that is a fact in favour of the officer.(viii) Compulsory retirement shall not be imposed as a punitive measure.SourcesLatest DOPT order on FR 56 (j) is a fear factor for CG Employees

How would you go about police reform?

Situation: I’m hired as Seattle PD’s next chief, and in a moment of utter insanity, I accept the job.Here’s my “General order number one”.We don’t arrest for crimes where there is no victim or danger to the public, (e.g., DUI is a danger to the public, even though there is no victim). If it’s a “public nuisance” (e.g., drug sales happening in plain view) tell them to move it indoors, or deal with it through a process that doesn’t involve an arrest. An arrest should be the last resort before violence, not the first.Seniority doesn’t matter. If you see a cop do something illegal, use excessive force, whatever, you have a duty to say something, and report it to your chain of command. Failure to do so will be considered the same degree of offense as doing the act yourself.“It’s okay to leave”. If an officer's presence is making a situation worse, they can and should back off. Don’t get involved in a circle of argument over a minor problem. We can deal with it later.Cops are expected to spend some time every month doing community outreach stuff. Helping. Showing the flag is fine, but this isn’t about that. It’s about cleaning things up, and improving relations with the communities that we serve.No “divisive” shit. No punisher morale patches or thin blue line stuff. And your tat to that effect better be covered 100% of the time you are on duty.We follow the rules. You don’t get to speed because your a cop. You don’t get special treatment when you get stopped for a DUI. You don’t get a second chance if you beat your wife.No bad SRO’s. Too many school resource officers are there because they are shitty cops. That ends. SRO’s are what form the relationships between police and people, AND they protect our most vulnerable. We won’t have any “Browards cowards” in Seattle. Ever.We come down on violent crime like a ton of bricks.Here’s the other things that I do, sometimes more quietly:Get out word that we’ll help mediate “beefs” between people, without arrests, even if it’s over criminal (but not harmful) behavior.I’m busting union interference in disciplinary proceedings. I’ll negotiate for pay levels, benefits, etc. But if the union interferes with removing bad cops, I’ll go nuclear. That might include my pushing for new legislation to break unions, which I’ll get under this banner. Don’t cross me on this.A serious push for de-escalation training. Forget the “diversity and inclusion”, too many cops escalate when they don’t have too, or assume the worst about every encounter in ways that really don’t help.Back off on receiving shit we don’t need from the feds. Yes, we need a swat team. No, we don’t need forty seven mraps. If Seattle taxpayers aren’t willing to pay for a thing, maybe we shouldn’t have it.Make sure that training doesn’t just include “here’s a horrible thing that happened to officers. Here’s how to avoid that”, but also “here’s a horrible thing that happened to the people that we serve. Here’s how to avoid that”.Review every program, every substation, every “special unit”. If you aren’t making the city better, you get shut down. Arrest reports mean nothing to me. If the people you serve don’t have their lives improved by you, you are doing it wrong.Push 911 services out of the police department. It should be its own department or part of a “department of public safety” that also encompases EMS and fire. Police should not “own” 911.A smaller, leaner, better force. Promotions of good cops and getting rid of bad ones. Tougher minimum requirements for the job.

Why and how is Canada so peaceful?

It isn't all that peaceful. I think Canada gets a little bit of a free ride in terms of its image because it is adjacent to the USA, which has exceptionally high crime rates for a developed country.Also, it depends on what you describe as “peaceful”. This can extend beyond the crime rate. While it is a bit difficult to define, you could try to talk about the level of “social quiet”. This would generally be, how disputatious and divided the population is, or, using current American political terminology, how “tribal”. The link is a little tenuous, but I think you can also talk about how effective the physical and social infrastructure of a country is. For an example, if you have a good motor vehicle traffic flow system, how much road rage are you going to get?Canada Isn't The USA Or Anywhere ElseI do not agree that there is a general North American society. Canada is a stand alone country with historic circumstances that can not easily be compared to anyplace else. It is more productive to ask, why is Canada more or less peaceful than it might otherwise be? You could perhaps talk sociologically and criminologically, about what would happen if one factor was removed or this one injected. I think Canada has reached its current level of social order because of some relatively unique circumstances, combined with quite deliberate governmental actions.Prosperous, Low Population Environments Tend To Be Somewhat More PeacefulCanada is a very resource rich country. The Canadian population is relatively small, meaning that resource revenues don't have to be shared out over an enormous population base. Education levels, particularly among some younger people, tend to be high. They can do reasonably well in an IT economy.However, Canada hasn't invented any way where everybody can be comfortably middle class. There are still the many modest jobs that have to be done, clerical, retail, sanitation, care-giving, etc. The political system has provided income redistribution and a social safety net which somewhat buffers poorer people from the worst effects of poverty. When poor people are not desperate, it breeds some social peace.Officially, urban sprawl is not a popular concept in contemporary Canada, but, in some ways, Canada has benefited from it. Most Canadian cities have ample sprawl space. Urban Canadians have some good chances to run away from each other, rather than getting into conflicts. Traditionally, public housing projects tend to be self-contained. Since urbanization began on a big scale, in the 1950's, Canadians have been provided with ample opportunities to move to a relatively homogeneous, reasonably prosperous suburb, with adequate schools, police, fire protection and ambulance services, etc. Zoning bylaws (Americans, a bylaw is an ordinance.) are strict. You cannot at all build what you like, residential or commercial. These are very car-oriented environments where people do not walk around much. A miscreant, wandering around, looking for a crime to commit, would be very visible. Even a car, prowling around with no apparent purpose or destination would. So, you have eyes on a half empty street.No Street Life, No Street CrimeMaybe a little bit of sterility helps. Busy street life does not tend to be a feature of Canadian cities. Central business districts empty out at closing time, and then after, again, people walking around are very visible to the police forces.This tends to limit crimes of opportunities rather a lot. When your potential victims have gone back home to the suburbs, what is a criminal to do?You Will Drink When, And Where, We Tell YouToo much alcohol breeds crime. The Canadian authorities have known that for a very long time. Canada has a tradition of severe drinking laws. There has long been the concept of offenses against public order. There has been a certain feeling that drinking establishments can be dens of iniquity.So, there are very few corner bars in most of Canada. Most establishments that serve liquor have to serve food as well. Liquor is heavily taxed. Places where liquor is served live in fear of the militant liquor inspectors. They don't stay open one minute later than they are allowed to, and, if they are caught serving anyone who is visibly intoxicated, their liquor licence can very quickly be done. Canada has had a tradition of brawling outside what we used to call beer parlours (You couldn't carry your own beer from one table to another. It used to be that women could only enter such places, only if they had a separate room for ladies and escorts.), which is now in direct conflict with modern political correctness. Frankly, it tends to be associated with the male working class, which, in contemporary Canada, are seen as people who need to be repressed.Don't Bring Your Guns To TownHunting rifles and shotguns are readily available in Canada, but handguns are hard to get. Canadians get into provocative situations where they might like to open fire, but, no gun, so what can you do? At best you could stab someone, or fling beer bottles, or throw your chair. Yes, as violence goes, it is small time.No Tribe. Just Go Buy StuffFor a country with a diverse population, Canada isn't especially tribal. I wish the word “niceification” existed, because that is what happens. Our elites have built up a system which is almost admirably effective at keeping ethnic groups in their place. I have described it in other Answers, multiculturalism in any real way is constrained. And, political correctness laws apply to the “ethnics” too. Everyone has to be careful about what they say in a workplace, in public, even school teachers in ethnically-run schools. Hate speech will be prosecuted.All of this serves a commercial goal. Business would like Canada to be a country of peaceful consumers. The advertising industries promote this rather individualistic concept very well. So, it is not who you are, and what you passionately believe in. It is, what you buy and where you buy it. No political firebrand rally for you. Drive on down to the mall, keep your opinions to yourself and get shopping.Winter Is A Social Mixer BlenderIt is hard to think about conflicts you would like to be in, when you are freezing to death. Even in urban Canada, your primary life conflict can be with nature. Street demonstrations are not feasible when it is -25 C. with a stiff wind. It is not your political opinions that matter, it is your snowblower, your battery blanket, your Antarctic level of home insulation, your snow tires, your parka and your gloves. It is Canadians of all origins, of all political backgrounds, shivering together miserably, and trying not to slide into a ditch on their way home from work on a January evening.It Isn't Anywhere Near As Peaceful As One Might Like To ThinkThe Government of Canada admits it. Canada has plentiful domestic violence:https://www.canada.ca/en/public-health/services/health-promotion/stop-family-violence/problem-canada.html“Of all reported violent crime in 2016, more than one quarter (26%) resulted from family violence. Almost 67% of family violence victims were women and girls.”“Experts know that rates of all forms of family violence are underestimated. For example, in 2014, fewer than one in five (19%) who had been abused by their spouse reported abuse to police.”Women may not see Canada as all that peaceful. Quite a few live lives of fear. It is still hard to convince some guys that their home is not their castle.Indigenous Canadians do not live in a peaceful paradise, especially the women:https://www.rcaanc-cirnac.gc.ca/eng/1448633299414/1534526479029https://www.cbc.ca/news/indigenous/un-special-rapporteur-violence-against-women-1.4637613Being an indigenous woman in Canada can be an especially dangerous life.I believe that, with regard to overestimating peace, Canada has a strong tradition of out of sight, out of mind. Domestic violence happens behind closed doors. Violence against indigenous women isn't very visible, because the major decision making cities of Canada, Toronto, Ottawa and Montreal, do not have very visible indigenous communities. if you come from Winnipeg, which does, you might see Canada as not all that peaceful.It Could All SlideGuns continue to seep across the border. They get into the hands of gangs. Toronto is having a bad year for gun violence:https://www.cbc.ca/news/canada/toronto/gun-violence-town-hall-1.4835312Canada can't seal the border. I hope Toronto finds some way to stop the gangs.Canada has had a lot of success in avoiding a situation where racial minorities become ghettoized and impoverished. Partly it is because there is an assumption of a type of social conveyor belt. Higher education is somewhat subsidized. Social housing is not enough, but there is some. Poorer immigrants have been offered the prospect of their children rising up, and qualifying for that niceified suburb.I fear that, that this prospect is loosing its credibility. As IT advances, the educational standards for a middle class job are getting more stringent. The decently paid, unionized, stable manufacturing employment that could offer an adequate life to working class Canadians, are waning. The so-called “soft skills” are important to advance.If that social conveyor belt stops, Canada is in serious trouble. All the political correctness rules in the country will not stop angry, marginalized young members of minority groups, from acting out.While urban sprawl is environmentally bad, I think it has served for years as a Canadian social safety valve. What if the growing urban populations of Canada had to be “intensified” into much tighter, more dense, inner city populations? You would have highly paid, successful IT workers and prosperous retirees, alongside struggling working class people, and angry, ghettoized minorities, and in some Prairie cities, right next to indigenous Canadians living in a situation of danger, fear and pain.I don't see a good future for that so peaceful Canada. It isn't all that peaceful to begin with. If something different is not done, in particular for women in fear of violence, indigenous Canadians and for incipient ghettos, Canada won't be peaceful at all.Martin Levine

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