SESSION OVERVIEW

 PROVISION OF ARTICLE 311 OF THE

CONSTITUTION OF INDIA
 APPLICABILITY OF CCS(CCA) RULES,1965
 INTERRELATION BETWEEN CCS(CCA)
RULES, 1965 AND CCS(CONDUCT)
RULES,1964

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 LEARNING OBJECTIVE
 To familiarize the participants with the various
provisions of the CCS (CCA) Rules,1965

 Correct understanding and application of the

CCS (CCA) Rules

 Widen learner’s knowledge in matters of service

jurisprudence

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 CCS(CCA) RULES,1965
 RULE-1
Came into effect with from 1-12-1965

 RULE 2

APPOINTING AUTHORITY
CADRE AUTHORITY
DISCIPLINARY AUTHORITY
HEAD OF THE DEPARTMENT
HEAD OF OFFICE
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RULE 3 - APPLICATION.

 Applies to all central Government Servants

including civilians in defence services

 Does not apply to railway servants, members

of All India Services, persons in casual
employment etc

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 CLASSIFICATION OF SERVICES

RULE 4 - CIVIL SERVICES OF THE UNION

ARE CLASSIFIED AS:

 GROUP A, B, C, D

RULE 6 - CLASSIFICATION OF POSTS. CIVIL

POSTS OF THE UNION ARE CLASSIFIED AS
GROUP A,B,C,D
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APPOINTING ATHORITIES
(RULES 8 & 9)

GROUP ‘A’ POSTS :

PRESIDENT
GROUPS ‘B’, ‘C’ & ‘D’ POSTS:-
AUTHORITIES SPECIFIED IN
THE SCHEDULE.

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RULE 10 - SUSPENSION

 AUTHORITIES WHO CAN PLACE GOVT

SERVANTS UNDER SUSPENSION:-

 APPOINTING AUTHORITY OR ANY

AUTHORITY TO WHICH IT IS
SUBORDINATE

 DISCIPLINARY AUTHORITY

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RULE 10 - SUSPENSION

 AN ORDER OF SUSPENSION DEEMED TO

HAVE BEEN MADE OR OTHERWISE SHALL
REMAIN IN FORCE TILL IT IS MODIFIED
OR REVOKED BY THE AUTHORITY
COMPETENT TO DO SO

 SUSPENSION CAN BE REVOKED BY THE

AUTHORITY WHO SUSPENDED THE
EMPLOYEE
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RULE 10 - SUSPENSION

 DEEMED SUSPENSION:

 A govt servant under custody for

more than 48 hours for criminal or
other charge
 From the date of conviction if he is

sentenced to a term of
imprisonment for more than 48 hrs
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RULE 11 - PENALTIES

MINOR PENALTIES

(i) Censure
(ii) Withholding of promotion
(iii) Recovery from pay
(iv) Reduction to lower stage in time scale-not
exceeding 3 years
(v) Withholding of increments
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 RULE 11 - PENALTIES

MAJOR PENALTIES:
(v) Reduction to lower stage in time
scale

(Vi) Reduction to lower time scale of

pay, grade, post or service which
will ordinarily be bar to promotion

(Vii) Compulsory retirement

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RULE 11 - PENALTIES
MAJOR PENALTIES:

(viii) Removal from service

(ix) Dismissal from service -In respect of

proven cases of acceptance of illegal
gratification it is mandatory to impose one
of the major penalties mentioned above

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EXPLANATIONS TO RULE 11
The following are not considered as penalties

 Withholding of increment for failure to pass

exams
 Non-promotion after consideration of the case
by DPC
 Reversion from higher officiating post on
consideration of unsuitability to hold such post
 Reversion of a govt servant appointed on
probation
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DIES-NON

NEITHER COUNTED AS SERVICE NOR IS A

BREAK IN SERVICE

 WHEN A DAY CAN BE MARKED AS DIES-

NON
 Absence without proper permission
 When on duty left without proper
permission
 While in office refused to perform duties
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RULE 12
-DISCIPLINARY AUTHORITIES

 PRESIDENT MAY IMPOSE ANY PENALTY

ON ANY GOVT SERVANT

 APPOINTING AUTHORITY

 ANY AUTHORITY SPECIFIED IN THE

SCHEDULE TO RULES 5, 9(2),12(2) AND 24

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RULE 13 - AUTHORITY TO
INSTITUTE PROCEEDINGS.

 President or any authority

empowered by him may institute
disciplinary proceedings against any
govt servant

 A disciplinary
authority competent to
impose any minor penalty can initiate
major penalty proceedings
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 RULE 14 - PROCEDURE FOR
IMPOSING MAJOR PENALTIES

 NO PUNISHMENT WITHOUT ORDERING AN

INQUIRY

 DISCIPLINARY AUTHORITY MAY ITSELF

INQUIRE INTO THE CHARGES

 DRAW UP IMPUTATIONS OF MISCONDUCT

OR MISBEHAVIOUR IN DEFINITE AND
DISTINCT ARTICLE 17
RULE 14 - PROCEDURE FOR
IMPOSING MAJOR PENALTIES

 Draw statement of imputations of

misconduct or misbehaviour in support of
each article including relevant facts,
statement of admissions, confessions, etc

 A list of documents and a list of witnesses

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RULE 14 - PROCEDURE FOR
IMPOSING MAJOR PENALTIES

 Appoint an inquiry authority (IO)

 A presenting officer
 Govt servant shall appear in person before the io
 May also take the assistance of a defence assistant
 The IO shall return a finding of guilt to a charge
to which the govt servant pleads guilty

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TYPES OF CASES WHICH MERIT
ACTION FOR MAJOR PENALTIES

 Attempt to obtain illegal gratification

 Misappropriation of govt property
 Falsification of govt records
 Gross irregularity or negligence with a dishonest
motive
 Misuse of official position
 Disclosure of secret or confidential information
 False claims on the govt like ta/med. Claims
etc
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RULE 14 – INQUIRY REPORT

AFTER THE CONCLUSION OF INQUIRY, A REPORT

SHALL BE PREPARED WHICH SHALL CONTAIN:

 Articles of charge and the statement of the

imputations of misconduct or misbehaviour
 The defence of the govt servant in respect of each
article of charge
 An assessment of evidence in respect of each article of
charge
 The findings on each article of charge
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RULE 15 - ACTION ON INQUIRY
REPORT

 REMIT FOR FURTHER INQUIRY

 DISAGREE WITH THE FINDING OF IO
 ACCEPT THE REPORT & FORWARD COPY
OF THE SAME TO CO
 CONSIDER REPRESENTATION
 IMPOSE PENALTY OR
 DROP CHARGES

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RULE 16 - PROCEDURE FOR
IMPOSING MINOR PENALTIES

 Issue charge sheet as for minor penalty

 Hold inquiry if warranted
 Take representation if any from the dgs
 Record findings on each article
 Impose any one of the minor penalties

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 RULE 17
- COMMUNICATION OF ORDERS

 Orders of the disciplinary authority shall be

conveyed in writing along with copy of the
finding on each article of charge

 Where there is disagreement the reasons for

disagreement shall also be supplied

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RULE 18
- COMMON PROCEEDINGS

 WHERE TWO OR MORE GOVT SERVANTS

ARE INVOLVED

 COMMON PROCEEDINGS AGAINST THE

ACCUSED AND THE ACCUSER

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RULE 19 - SPECIAL PROCEDURE IN
CERTAIN CASES

ORDERS CAN BE PASSED WITHOUT

FOLLOWING PROCEDURES IN THE
FOLLOWING CIRCUMSTANCES:

 Itis not reasonably practicable to hold

inquiry
 In the interest of the security of state
 Conviction leading to penalty
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RULES 20 & 21

 RULE 20 - RELATING TO OFFICERS LENT

TO STATE GOVTS

 RULE 21 - RELATING TO OFFICERS

BORROWED FROM STATE GOVTS

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RULE 22 - APPEALS

ORDERS AGAINST WHICH N0 APPEAL

LIES

 ANY ORER MADE BY THE PRESIDENT

 AN ORDER OF INTERLOCUTORY NATURE

IN A DISCIPLINARY PROCEEDING

 ANY ORDER PASSED BY IO IN THE

COURSE OF INQURY 28
RULE 23 - ORDERS AGAINST
WHICH APPEAL LIES

 An order of suspension
 An order imposing penalties
 An order enhancing any penalty
 An order of reversion while officiating in a
higher post
 Reducing or withholding pension

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RULE 24 - APPELLATE AUTHORITY

A GOVT SERVANT MAY PREFER APPEAL

AGAINST ANY ORDERS

 TO THE APPOINTING AUTHORITY WHERE

THE ORDER APPEALED AGAINST IS MADE
BY AN AUTHORITY SUBORDINATE TO IT

 TO THE PRESIDENT

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RULE 25 - PERIOD OF
LIMITATIONS

 NO APPEAL LIES BEYOND 45 DAYS

 APPELLATE AUTHORITY MAY ENTERTAIN

APPEAL AFTER EXPIRY PERIOD IF
SATISFIED

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RULE 26 - FORM AND CONTENT
OF APPEAL

 SEPARATELY AND IN HIS OWN NAME

 TO THE AUTHORITY TO WHOM APPEAL
LIES
 SHALL NOT CONTAIN ANY
DISRESPECTFUL OR IMPROPER
LANGUAGE

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RULE 27 - CONSIDERATION OF
APPEAL

 APPELLATE AUTHORITY TO ENSURE THE

LAID DOWN PROCEDURE HAVE BEEN
COMPLIED WITH
 FINDING OF THE DA ARE WARRANTED BY
THE EVIDENCE ON RECORD
 THE PENALTY IMPOSED IS ADEQUATE,
INADEQUATE OR SEVERE

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RULE 27 - CONSIDERATION OF
APPEAL (Contd.)

 PASS ORDERS
 CONFIRM
 ENHANCE
 REDUCE
 SET ASIDE THE PENALITY

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RULE 28

IMPLEMENTATION OF
ORDER IN APPEAL
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 RULE 29 - REVISION

The president or any other empowered

authority may at any time either on his own
motion or otherwise call for records and
revise any order made under these rules and
may
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RULE 29 - REVISION (Contd.)

 CONFIRM, MODIFY OR SET ASIDE THE ORDER; OR

 CONFIRM, REDUCE, ENHANCE OR SET

ASIDE THE PENALTY IMPOSED BY THE
ORDER;OR

 REMIT THE CASE TO THE AUTHORITY WHICH

MADE THE ORDER TO MAKE SUCH FURTHER
ENQUIRY AS IT MAY CONSIDER PROPER; OR

 PASS SUCH OTHER ORDERS AS IT MAY DEEM FIT.

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RULE 29-A - REVIEW

The president may, at any time, either

on his own motion or otherwise review any
order passed under CCS (CCA) Rules 1965,
when any new material or evidence which
could not be produced earlier has come or
has been brought to his notice

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