CCS(CCA) Rules 1965

  

APPLICABILITY (Rule-3) -- To every Govt Servant and civilian Govt Servant in Defence Services Not applicable to – Railway G.S. Member of All India Service Person in casual employment Person who could be discharged from service –less than one months notice

Contd/--

Any person covered by special provision President can exclude any any class of Govt Servants by order

Penalties - Good and Sufficient Reasons-Rule -11

Minor
– Censure – Withholding of promotion – Recovery, whole or part of pecuniary loss by negligence or breach of orders – Reduction to a lower stage - by one stage - not more than 3 years - without cumulative effect - no adverse affect on pension – Withholding of increments of pay

Contd..

Major
– Reduction to a lower stage for a specified period, with directions whether or not he will earned increments during the period of reduction and whether on expiry of such period the reduction will or will not have effect of postponing future increments of pay – Reduction to a lower time scale, grade, post, ordinarily bar to promotion to post from which reduced. This to be with or without directions regarding conditions for restoration, seniority and pay on such restoration

Contd/--

Compulsory Retirement
Removal (not a disqualification for future employment under Govt) Dismissal (Ordinarily a disqualification for future employment under Govt)

recorded in writing any other penalty .Contd.  Proviso – Assets disproportionate. doing official act – if established – removal or dismissal to be imposed – Exceptional Case. Special reason. accepting gratification..

EFFECTS OF PENALTY     CENSURE-formal and public act to convey guilt for a blameworthy act Warning is an administrative action. Communicate. Keep in personal file. If necessary to keep in APAR Dossier. No direct financial effect Indirect adverse effect if promotion withheld or postponed .

atleast censure be awarded A mere censure no bar for promotion since entire record considered and if he otherwise has a good record he is saved from adverse effect of censure .Contd/-  Post disciplinary proceedings-if some blame .

Right to be considered exists but promotion only after penalty over .Contd/- WIDHHOLDING OF PROMOTION .Note that no purpose in this penalty if the person not within zone of consideration .There is bound to be financial loss due to delayed promotion .

Contd/- RECOVERY FROM PAY -Only effect is loss of pay due to recovery -No other effect -Purpose is to recover loss and to punish -Recovery commensurate with loss attributable to him and not to impair his future .

Contd/--Recovery could be spread over -Could even be prosecuted in a criminal court if misconduct involves punishable offence .

Contd/- REDUCTION TO LOWER STAGE IN TIME SCALE .draws normal increments during period of reduction .period of reduction limited-3 years .entitled to normal pay on expiry of period of penalty – entitled otherwise .within time scale and hence not below minimum .

loss severe and recurring .Contd/- WITHHOLDING OF INCREMENTS -FR-24. period of penalty excluded for ever . increment allowed unless withheld -With or without cumulative effect -If with CE.

Contd/- During currency of the punishment promotion not permissible REDUCTION TO LOWER STAGE -full enquiry must -for specified period -reduction to any lower stage in time scale but not below minimum .

Authority to indicate whether normal increments allowed during period of punishment .Contd/-.whether reduction will have effect of postponing future increments and to what extent .

Contd--     REDUCTION TO LOWER TIME SCALE --IMPOSED FOR SPECIFIED PERIOD --Period to be indicated-for reduction --seniority on restoration --whether on restoration the period of reduction shall postpone future increments and to what extent .

Contd/--     Compulsory Retirement --allowed proportionate pension based on service rendered --no bar for reemployment --right to leave preparatory to retirement forfeited --pension or gratuity or both may be reduced .

Contd/-  --reduction not to exceed one –third of full compensation pension or gratuity or both --leave encashment allowed .

Contd/-   REMOVAL OR DISMISSAL --forfeiture of retirement benefits --compassionate allowance not more than two third of compensation pension or gratuity or both admissible .

any penalty specified in Rule-11 DA has full control over employees Rule 12 indicates the D As 1.Disciplinary Authority-DA    Rule-2(g) Authority competent to impose on G.President Competent Authority for Penalties--. 2. S. President .All .President Which Penalties --.S. A A or Authority in Schedule or any other Authority empowered by general or special order of President ASSTT Grade of CSS-AA --.any penalty on G.

Process of Disciplinary Proceedings  Preliminary Enquiry intimation –commission –offence collection of facts may or may not associated even ex parte evidence collected GS may be given opportunity on allegations-further investigation unnecessary .

prima facie case for criminal or civil .decide based on report and preliminary evidences if a prima facie case made outcertain offence-misconduct-misbehaviordereliction of duty .fact finding nature .Contd--.not to express definite opinion .to decide whether GS guilty or not .

action can also be taken outside sphere of official duties if reflecting on hisreputation for good faith. integrity and devotion to duty .Contd--. honesty.

Contd/- Initiation of proceedings .to decide whether proceedings under Rule 14 or Rule 16-seriousness of misconduct and character of CO considered .Major Penalty appropriate in cases involving .decision taken for formal disciplinary proceedings .

distinct lack of character moral turpitude failure to maintain integrity .Contd-gross irregularity or negligence misuse of official position disclosure of confidential information false claims.

To decide now itself if to place GS under suspension pending disciplinary proceedings .Contd-- Suspension .

Contd/--  Appropriate disciplinary authority in major penalty proceedings-to be checked Minor Penalties Procedure .grounds for action to be reduced to form of definite articles of charge .providing statement of imputations of misconduct or misbehavior –giving reasonable time .inform GS in writing of proposal for action .

precise and specific Quote the rule which has been violated Not necessary to give facility to inspect records-where it is main ground –denial may handicap-merits considered by DA DA to consider everything and decide –allegations proved or not .Contd/-    Charge clear.

withholding increments for more than 3 years.Contd- If elements of major penalty then full inquiry must-withhold incrementsand affecting pension. withholding with cumulative effect .

Contd/-   Major Penalty— Article 311(2) Charge sheet accompanied by statement of articles of charge. statement of imputations of misconduct or misbehaviour in support of articles of charge. list of documents to substantiate articles of charge and list of witnesses to substantiate .

Contd/-    Unqualified apology DA to avoid being IO Appoint IO Nominate PO to present the case on behalf of DA .

Contd/-        Inquiry DA to send all documents to IO IO-notice to CO Asked whether admits If no-formal enquiry starts Dally order sheet maintained Reasonable opportunity to both parties Principles of natural justice .

Ex parte enquiry    Does not submit written defence Fails to comply with rules Does not appear before IO .

Report of IO       Based on evidence Record reasoned conclusions whether charges proved or not Findings of DA---Report assists DA to conclude If disagrees on any point-record it Give report to Co with tentative reasons for disagreement – to enable represent .

Contd—   Final Orders Decision of DA is judicial .

the circumstances. document and oral evidence – person handicapped in defense Proper Charge Sheet before regular inquiry .Charge Sheet     It is prima facie proven essence of allegations Purpose to inform person of charges so that to reply and defend If not.

desired to be heard in person and time limit for reply . Asking to file written statement if any.Contents     Substance of misconduct – definite and distinct articles of charge Statement of misbehavior in support of each article of charge – all relevant facts including admission by person concerned List of documents and List of witnessed by whom the charges proposed to be sustained Reasonable time to reply.

O. – DA can hold inquiry but general practice is for an impartial officer to do it and submitted to DA – Appointed after reply to charge sheet – not satisfactory – Prosecutor can not be a judge – Not subject to directions and control of DA – Impartial and free from bias – Witness cannot be I. .Functionaries  I.O.O. possible – Role for bringing out correct facts as per procedure and conduct an impartial hearing to C. knowledge of rules and procedure – Higher in rank then C.O. – Writing adverse CR no indication of bias – Representation against I.O.

O.Presenting Officer       To present the case before I. evidence of delivery of charge sheet and appointment order in respect of I. statement of witness.O. Role is to help the I.O. in support of charges Normally officer of organisation. statement of defense. familiar with subject and handling inquiries Legal person can be appointed if rules allow. Defence can also ask for the same DA to appoint DA to provide all papers like article of charge. to reach truth by presenting the case of DA in correct prospective .

O. If problem. another DA can be taken .Defence Assistant     C. can take DA from any employee Not more than 3 cases on hand Retired employee can assist Should take permission of his controlling authority.

Innocent Mistake and error of judgment not misconduct Violation of express or implied condition of service is misconduct Vandalism under liquor Assets disproportionate to known sources of income .Misconduct     Negligence. ill motive.

. public interest AA can suspend or other permitted.Suspension           Temporary deprivation of office Master servant relationship continuous Subsistence allowance given Not penalty – interim order – functions and privileges under abeyance No loss of rank Continuous subject to same discipline Cannot engage in other employment because subject to conduct rules Cannot be ask to do duty Administrative action.

MISUSE OF OFFICIAL POWER FOR OFFICIAL GAIN 3. CORRUPTION. ISAPPROPRIATION.SUSPENSION RELATED WHEN 1. OFFENCE OR MISCONDUCTMORAL TURPITUDE 2. DISPROPOTIONATE ASSETS. SERIOUS NEGLIGENCE –  .

Contd/--  DESERTION OF DUTY REFUSAL OR DELIBERATE FAILURE TO CARRY OUT WRITTEN ORDERS OF SUPERIOR OFFICERS .

SUSPENSION   DOWRY DEATH. SEVEN YEARS OF MARRIAGE—DEEMED SUSPENSION SUSPENSION AND CHANGE OF HQ . DOWRY.

Factors Concerning Suspension 1. Resignation-see the merits  Public interest  No moral turpitude or evidence not strong – leading to conclusion that removal or dismissal will follow-or protractedresignation be accepted . HQ-permission to leave HQ  Station of posting before suspension is the HQ  Change –grounds of public interest 2.

Contd/-3. Leave encashment-if retired before termination of depttal or court proceedings-may withhold whole or part of cash equivalent of earned leave-if chance of some recovery due . Leave-FR55-leave prohibited 4. No gratuity until conclusion 5. Retirement-provisional pension.

Death-proceedings terminate. Promotion/Confirmation – – Suitability will be considered – Assessment and grading in sealed cover – If free sealed cover to be opened and date of promotion to be determine reference to position as per sealed cover and date of promotion of next junior – If necessary junior post officiating person reverted – If penalized sealed cover finding ignored and promotion case will be considered by next DPC .Contd/-5. Entire period between date of suspension and date of death treated as duty for all purpose 6.

decided to promote.No 9. promotion after expiry of penalty (other than censure) 8. Departmental examination – Allowed.Contd/-7. Subsistence allowance – FR/53. 50% increase or decrease . first three month such allowance equal to leave salary as if on half pay – Review. Forwarding of application . Promoted when proceedings over – If punished.

11. – – – – – – DA – permitted base on subsistent allowance Recoveries income tax-yes House rent and allied-yes Repayment of loans and advances from govt yes as per rates fixed CGHS .yes CGEGIS .yes .Contd/-10.

Deductions not to be made – GPF subscription – amount on court attachment – recovery of loss to govt –GS responsible .Contd/-12. Optional-with written consent of GS – premium due on PLI – cooperatives society – refund of advance from GPF 13.

Contd/-       Advance for purchase of conveyance-no HBA-yes collateral security in the shape of mortgage bond from two pmt Central Govt. Servants Def Asstt -can be Defence Assistant TA-yes in the context of disciplinary proceedings related hearing CEA-yes LTC-not himself but family Writing ACR?APAR-no if during major part he was under suspension .

PNJ    Fair play in action No one shall be a judge in his own case. No personnel interest in the case by the person deciding Hear the other side .

to President if by any other authority. for Gr A or B lies to AA (if order by subordinate authority). To Gr C or D to authority to which order making authority is immediate subordinate Within 45 days from date of order appealed against is delivered Appeal cannot be withheld .Appeal     An appeal to appellate authority against order of DA When not specified.

inadequate or severe Perssonal hearing not must. If appeal against an order on major penalty and specific request for personal hearing the request can be allowed .Appellate Authority to see     Whether procedure followed and if not whether it has led to violation of constitution or failure to justice Whether D A has reached findings based on evidence of record Penalty is adequate.

In case of A A. No time limit for revision . Treated as if Appeal under rules .Revision      If G S not satisfied with order of A A. request to higher authority ( above A A ) can be made . order to be passed within 6 months of date of order proposed for revision . Power of Revision with President . Proceeding for revision only after expiry of period of limitation of appeal or disposal of appeal .

.Review   President has the power to Review any order including an order passed in revision Condition is that any new fact or material having the effect of changing the nature of the case comes to his notice .

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