Q.1 What is the primary purpose of disciplinary proceedings in law?
To punish the accused
To ensure compliance with rules
To settle personal disputes
To increase workload of tribunals
Explanation - Disciplinary proceedings aim to maintain discipline, integrity, and compliance with professional or institutional rules rather than purely punishing.
Correct answer is: To ensure compliance with rules
Q.2 Which principle is fundamental to disciplinary proceedings?
Audi alteram partem
Caveat emptor
Res ipsa loquitur
Pacta sunt servanda
Explanation - The principle of audi alteram partem (hear the other side) is essential in disciplinary proceedings to ensure fairness.
Correct answer is: Audi alteram partem
Q.3 Who usually conducts disciplinary proceedings in professional bodies?
Civil courts
Professional disciplinary committees
Police authorities
Private lawyers
Explanation - Professional bodies like bar councils or medical councils have disciplinary committees to conduct such proceedings.
Correct answer is: Professional disciplinary committees
Q.4 In disciplinary proceedings, charges must be:
Vague
Specific and clear
Unnecessary
Optional
Explanation - Charges must be specific and clear so the accused understands the allegations and can prepare a defense.
Correct answer is: Specific and clear
Q.5 What is the first step in initiating disciplinary proceedings?
Issuing punishment
Conducting cross-examination
Framing and serving charges
Appealing to higher authority
Explanation - Proceedings begin by framing charges and serving them to the accused for a fair opportunity to respond.
Correct answer is: Framing and serving charges
Q.6 Which constitutional article in India ensures reasonable opportunity in disciplinary proceedings?
Article 14
Article 19
Article 21
Article 311
Explanation - Article 311 provides protections to civil servants, ensuring reasonable opportunity in disciplinary proceedings.
Correct answer is: Article 311
Q.7 Disciplinary proceedings must follow the principles of:
Natural justice
Criminal jurisprudence
Contract law
Commercial arbitration
Explanation - Natural justice, including fair hearing and unbiased adjudication, is essential in disciplinary proceedings.
Correct answer is: Natural justice
Q.8 What is the role of an inquiry officer in disciplinary proceedings?
To defend the accused
To prosecute the accused
To conduct an impartial inquiry
To approve the charges
Explanation - The inquiry officer investigates impartially, gathers evidence, and prepares a report for disciplinary authorities.
Correct answer is: To conduct an impartial inquiry
Q.9 What is usually issued after an inquiry in disciplinary proceedings?
An arrest warrant
An inquiry report
A suspension notice
An employment contract
Explanation - The inquiry officer submits an inquiry report summarizing findings, which forms the basis for disciplinary action.
Correct answer is: An inquiry report
Q.10 Which of the following is NOT a possible outcome of disciplinary proceedings?
Dismissal
Suspension
Promotion
Censure
Explanation - Promotion is not an outcome of disciplinary proceedings, which are corrective and punitive, not rewarding.
Correct answer is: Promotion
Q.11 In disciplinary proceedings, suspension pending inquiry is:
A punishment
An interim measure
An appeal
A reward
Explanation - Suspension during inquiry is not punishment but an interim administrative measure to ensure fair proceedings.
Correct answer is: An interim measure
Q.12 Which standard of proof is generally applied in disciplinary proceedings?
Beyond reasonable doubt
Preponderance of probabilities
Clear and convincing
Strict liability
Explanation - Disciplinary proceedings are civil in nature; hence, the standard is preponderance of probabilities, not beyond reasonable doubt.
Correct answer is: Preponderance of probabilities
Q.13 In case of bias in disciplinary proceedings, what principle is violated?
Nemo judex in causa sua
Res judicata
Ex turpi causa
Volenti non fit injuria
Explanation - Nemo judex in causa sua means no one should be a judge in his own cause; bias violates this principle of natural justice.
Correct answer is: Nemo judex in causa sua
Q.14 Disciplinary proceedings against lawyers in India are governed by:
Indian Penal Code
Bar Council of India Rules
Civil Procedure Code
Indian Evidence Act
Explanation - The Bar Council of India Rules regulate disciplinary proceedings against advocates.
Correct answer is: Bar Council of India Rules
Q.15 What is the effect of violation of natural justice in disciplinary proceedings?
Proceedings remain valid
Proceedings become voidable
Proceedings become illegal and void
No effect at all
Explanation - Violation of natural justice renders disciplinary proceedings void as fairness is the core requirement.
Correct answer is: Proceedings become illegal and void
Q.16 Who has appellate jurisdiction in disciplinary matters concerning advocates in India?
Supreme Court
High Court
District Court
Parliament
Explanation - The Supreme Court has appellate jurisdiction in disciplinary proceedings against advocates under the Advocates Act.
Correct answer is: Supreme Court
Q.17 Which of the following is a preventive measure in disciplinary proceedings?
Dismissal
Censure
Suspension pending inquiry
Removal
Explanation - Suspension pending inquiry prevents interference with proceedings but is not a final punishment.
Correct answer is: Suspension pending inquiry
Q.18 Disciplinary proceedings are primarily of what nature?
Civil
Criminal
Quasi-judicial
Administrative
Explanation - Disciplinary proceedings are quasi-judicial as they involve inquiry, evidence, and application of natural justice.
Correct answer is: Quasi-judicial
Q.19 What document initiates disciplinary proceedings formally?
Notice of inquiry
Show-cause notice
Charge-sheet
Arrest warrant
Explanation - A charge-sheet is the formal document that frames allegations and initiates disciplinary proceedings.
Correct answer is: Charge-sheet
Q.20 In disciplinary proceedings, cross-examination of witnesses is:
Prohibited
Optional
Permissible
Unnecessary
Explanation - Cross-examination is permissible as part of ensuring fair opportunity to contest evidence.
Correct answer is: Permissible
Q.21 What happens if an employee does not appear in disciplinary inquiry despite notice?
Proceedings must be dropped
Proceedings continue ex parte
Charges are automatically dropped
Punishment is immediate
Explanation - If the employee ignores notice, the inquiry can proceed ex parte to prevent undue delay.
Correct answer is: Proceedings continue ex parte
Q.22 Which authority imposes penalty in disciplinary proceedings?
Inquiry officer
Disciplinary authority
Appellate authority
Judicial magistrate
Explanation - The disciplinary authority, not the inquiry officer, has the power to impose penalties after considering the inquiry report.
Correct answer is: Disciplinary authority
Q.23 Which of these is a minor penalty in disciplinary proceedings?
Dismissal
Compulsory retirement
Reduction in rank
Censure
Explanation - Censure is considered a minor penalty compared to dismissal or reduction in rank.
Correct answer is: Censure
Q.24 In disciplinary proceedings, 'reasonable opportunity' refers to:
Right to engage in trade
Right to be heard and defend
Right to leave service
Right to appeal directly to court
Explanation - Reasonable opportunity ensures the accused can be heard, present evidence, and defend against allegations.
Correct answer is: Right to be heard and defend
Q.25 If a disciplinary proceeding is delayed unreasonably, it may violate:
Article 14
Article 19
Article 21
Article 32
Explanation - Unreasonable delay may violate Article 21 (right to life and personal liberty), which includes speedy justice.
Correct answer is: Article 21