You are on page 1of 57

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)

Contd..

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

EFFECTS OF PENALTY

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

Contd/-

Post disciplinary proceedings-if some blame - 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/-

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

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 - within time scale and hence not below minimum - period of reduction limited-3 years - draws normal increments during period of reduction - entitled to normal pay on expiry of period of penalty entitled otherwise

Contd/-

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

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

Contd/-- Authority to indicate whether normal increments allowed during period of punishment - 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

Disciplinary Authority-DA

Rule-2(g) Authority competent to impose on G.S. any penalty specified in Rule-11 DA has full control over employees Rule 12 indicates the D As 1. President - any penalty on G. S. 2. A A or Authority in Schedule or any other Authority empowered by general or special order of President

ASSTT Grade of CSS-AA --- President Competent Authority for Penalties--- President Which Penalties --- All

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

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

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

Contd/-

Initiation of proceedings
- decision taken for formal disciplinary 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

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

Contd--

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

Contd/--

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

Contd/-

Charge clear, 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-

If elements of major penalty then full inquiry must-withhold incrementsand affecting pension, withholding increments for more than 3 years, 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

Charge Sheet

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

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. Asking to file written statement if any, desired to be heard in person and time limit for reply

Functionaries

I.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.O. knowledge of rules and procedure Higher in rank then C.O. Writing adverse CR no indication of bias Representation against I.O. possible Role for bringing out correct facts as per procedure and conduct an impartial hearing to C.O.

Presenting Officer

To present the case before I.O. in support of charges Normally officer of organisation, 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, statement of defense, statement of witness, evidence of delivery of charge sheet and appointment order in respect of I.O. Role is to help the I.O. to reach truth by presenting the case of DA in correct prospective

Defence Assistant

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

Misconduct

Negligence, ill motive. 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

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, public interest AA can suspend or other permitted.

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

Contd/--

DESERTION OF DUTY REFUSAL OR DELIBERATE FAILURE TO CARRY OUT WRITTEN ORDERS OF SUPERIOR OFFICERS

SUSPENSION

DOWRY DEATH, DOWRY, SEVEN YEARS OF MARRIAGEDEEMED SUSPENSION SUSPENSION AND CHANGE OF HQ

Factors Concerning Suspension


1. HQ-permission to leave HQ Station of posting before suspension is the HQ Change grounds of public interest 2. 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

Contd/-3. Leave-FR55-leave prohibited 4. Retirement-provisional pension. No gratuity until conclusion 5. 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

Contd/-5. Death-proceedings terminate. Entire period between date of suspension and date of death treated as duty for all purpose 6. 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/-7. Departmental examination


Allowed. Promoted when proceedings over If punished, decided to promote, promotion after expiry of penalty (other than censure)

8. Forwarding of application - No 9. Subsistence allowance


FR/53. first three month such allowance equal to leave salary as if on half pay Review, 50% increase or decrease

Contd/-10.
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/-12. Optional-with written consent of GS


premium due on PLI cooperatives society refund of advance from GPF

13. Deductions not to be made


GPF subscription amount on court attachment recovery of loss to govt GS responsible

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

Appeal

An appeal to appellate authority against order of DA When not specified, for Gr A or B lies to AA (if order by subordinate authority), to President if by any other 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

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, 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

Revision

If G S not satisfied with order of A A, request to higher authority ( above A A ) can be made . Power of Revision with President . No time limit for revision . In case of A A, order to be passed within 6 months of date of order proposed for revision . Treated as if Appeal under rules . 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 .