TRAINING ON

DISCIPLINARY PROCEEDINGS AND

HANDLING OF COURT CASES

By
Amit Kumar,
Area Manager, CSD Depot, Agra

cccc1tess
 DISCIPLINARY MATTERS

 All Govt. servants are guided by certain rules as

framed by the Govt. of India, which is known as
CCS (Conduct) Rules 1964.

 The essence of Government service is the sense

of discipline to which all government employees
are subject and the privileges to which, they in
general, are entitled. These aspects are covered
in service rules, viz., Central Civil Services
(Conduct) Rules.

 All Govt. servants are bound to be sincere in

discharge of their assigned duties, subordination,
punctual and maintain absolute integrity in the
office as well as in personal level 2
 OFFICE DISCIPLINE
All Govt. servants are guided by certain rules as
framed by the Govt. of India, which is known as CCS
(Conduct) Rules 1964. The essence of Government
service is the sense of discipline to which all
government employees are subject and the privileges
to which, they in general, are entitled. These aspects
are covered in service rules, viz., Central Civil
Services (Conduct) Rules.
First and foremost, all Govt servants are bound
to be sincere in discharge of their assigned duties,
subordination, punctual and maintain absolute
integrity in the office as well as in personal level.

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Unauthorised absence, is a common phenomenon in
the Govt. sector. It is an absolute rule that every
Govt. servant has to take prior sanction of the
competent authority for availing any kind of leave.
Absence without prior sanction of leave or overstayal
of leave even for one day tantamounts to
unauthorized absence and a misconduct under Rule
3(23) of the CCS(Conduct) Rules, 1964. For such
offence/misconduct, disciplinary action can be
initiated against the Govt. servant under Rule 14 or
16 of CCS(CCA) Rules, 1965. Willful absence from
duty not covered by grant of leave will be treated as
dies non, for all purposes, viz. increment, leave and
pension.
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 All employees shall maintain proper decorum in
office at all times. All employees are expected to be
properly and neatly dressed while they are on duty.
The watchmen/peons/mazdoors will be in their
respective uniforms wherever provided. In case of
any misconduct in office the employee concerned
would be served a written warning. But if he is still
not amenable to discipline, further course of action
as per the departmental procedure will be considered.
All employees shall perform the tasks allocated to
them with due diligence and shall follow the norms of
conduct and discipline applicable. Smoking within the
depot premises and intoxication is strictly prohibited.
Talking very loudly so as to cause disturbance for
others should be avoided.
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 DO’s AND DON’Ts AS PER CCS CONDUCT RULES
DO’s DON’Ts
1. Maintain absolute integrity at all times. 1. Do not make joint representations in
matters of common interest

2. Maintain absolute devotion to duity at 2. Do not indulge in acts of unbecoming

all times of a Government servant.

3. Those holding responsible posts 3. Do not be discourteous, dishonest and

maintain independence and impartiality partial.
in discharge of their duties.

4. Maintain a responsible and decent 4. Do not adopt dilatory tactics in your

standard of conduct in private life. dealings with the public.

5. Render prompt and courteous service 5. Do not convey oral instructions to

to the public subordinates. (If done for
unavoidable reasons, confirm them in
writing as soon as possible)

6. Observe proper decorum during lunch 6. Do not practice untouchability.

break 6
 DO’s AND DON’Ts AS PER CCS CONDUCT RULES
DO’s DON’Ts
7. Report to superiors the fact of your 7. Do not associate yourself with any
arrest or conviction in a Criminal Court banned organizations.
and the circumstances connected
therewith, as soon as it is possible to
do so.
8. Keep away from demonstrations 8. Do not join any association or
organized by political parties in the demonstration whose objects or
vicinity/neighborhood of Govt. offices. activities are prejudicial to the
interest of the sovereignty and
integrity of , public order or
mortality.
9. Maintain political neutrality 9. Do not give expression to views on
Indian or foreign affairs, while
visiting foreign countries.
10. Manage private affairs in such a way as 10. Do not get expression to views of
to avoid habitual indebtedness or Indian communication of any official
insolvency. document or information.
11. If any legal proceedings are instituted 11. Do not join or support any illegal
for the recovery of any debt due from strike.
you or for adjudging you as an
insolvent, report the full facts of such
proceedings to the competent
authority.
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 DO’s AND DON’Ts AS PER CCS CONDUCT RULES
DO’s DON’Ts
12. Act in accordance with Government 12. Do not enter into any private
policies. correspondence with Foreign
Embassies or Missions/High
Commissions.
13. Observe courtesy and consideration to 13. Do not accept lavish or frequent
Members of Parliament and State hospitality from any individual,
legislatures. industrial or commercial firms,
organizations, etc. having official
dealings with you.
14. Do not accept any offer of the cost
of passage to foreign countries or
hospitality by way of free boarding
and lodging there, if such offers are
from foreign firms contracting Govt.

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 VIGILANCE / DISCIPLINARY MATTERS

As per CVC guidelines as well as CCS (Conduct)

Rules, the following activities are termed as
misconduct :-

• Submission of False documents.

•Possession of Disproportionate assets.
•Undue favours.
•Cheating.
•Abuse of position.
•Misappropriation.
•Private business.
•Vengeance/Revenge.
•Negligence/Carelessness.
•Other Misconduct/Misbehaviour.
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 DISCIPLINARY CASES IN CSD

Violation of any of the CCS (Conduct) Rules will result

in initiation of disciplinary proceedings against the
Govt. servant. Some of the disciplinary cases, with
special reference to CSD are as under :-
Unauthorized absence
Negligence of duties/misbehavior with subordinates /
Superiors
Store discrepancies
Excess procurement of AFD/LS items
Criminal offence/ theft cases
Unauthorized procurement /possession of liquor
Unauthorized subletting of Government Quarters
Misappropriation of Govt. stores/fund
Consumption of liquor while on duty
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 SOURCE OF COMPLAINT

• From employees
• Departmental inspection report and Stock
verification summary.
• Scrutiny of Annual Property Statement.
• Scrutiny of transaction reported under Conduct
Rule.
• Reports of irregularities in Accounts.
• Audit Report on Govt. Accounts.
• Reports of Statutory Committee.
• Verbal complaints / information from reliable
sources.
• Reports from the Intelligent Agencies like CBI/IB
etc.
• Anonymous / pseudonymous complaints.
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 REMEDIAL MEASURES TO AVOID
DISCIPLINARY ACTION

• To educate the employees about the Dos and

Don’ts as per CCS Conduct Rules
• Impart orientation course to update the
knowledge on the policy of the department
• Improve the service conditions of the
employees so that they do not indulge in
anti-Government activities
• Motivate employees to be proactive
• Nip illegal activities at the early stage.
• Uniform policy on welfare measures 12
 TYPES OF DISCIPLINARY ACTION

Major Disciplinary Proceedings are

initiated under Rule 14 of Central Civil
Services (Classification, Control and
Appeal) Rules, 1965, for violation of CCS
Conduct rules 1964 and Rule 3 of CCS
(CCA) Rules.

Minor Disciplinary Proceedings are

initiated under Rule 16 of CCS (CCA) Rules,
1965 for violation of CCS Conduct Rules
1964 and Rule 3 of CCS (CCA) Rules.
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 STEPS FOR INITIATION OF
DISCIPLINARY PROCEEDINGS
Receipt of Statement of Case along with the
supporting documents from the Controlling
Officer.
Analysis of the Statement of Case.
Preliminary Investigation (if required,
depending upon the gravity of misconduct).
Issue of Show Cause Notice to the Govt.
Servant
Submission of reply to Show Cause Notice; its
analysis/examination.
Issue of Memorandum of Charges
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 STEPS FOR INITIATION OF
DISCIPLINARY PROCEEDINGS
Written statement by the Charge Officer
whether the charges are accepted or denied (this
should be submitted within 10 days of receipt of
the Memorandum of Charges).
Charged Officer can nominate Defence
Assistant.
Appointment of Inquiry Officer/Presenting
Officer, in case the Charged Officer denies the
charges.
Inquiry
Submission of Presenting Officer’s and
Defence Assistant’s Brief, after the inquiry. 15
 STEPS FOR INITIATION OF
DISCIPLINARY PROCEEDINGS
Submission of Inquiry Report by the Inquiry Officer.
Analysis/examination of the Report by the Disciplinary
Authority, to check whether there are any
omissions/commissions, defects in the report.
Remit the matter to Inquiry Officer in such cases
Sending copy of the Inquiry Report to the Charged
Officer for reply within 15 days of its receipt .
Examination of reply, if received
Imposition of Penalty by the Disciplinary Authority.
Charged Officer can prefer an appeal to the Appellate
Authority against the penalty imposed on him.
Examination of the Appeal by the Appellate Authority
and issue of Appellate Order
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 DISCIPLINARY AUTHORITIES AND APPELLATE
AUTHORITIES IN CSD HIERARCHY

CATEGOR DISCIPLINARY APPELLATE AUTHORITY

Y AUTHORITY

GROUP ‘A’ PRESIDENT OF INDIA PRESIDENT OF INDIA

GROUP ‘B’ GENERAL MANAGER PRESIDENT OF INDIA

GROUP ‘C’ JOINT GENERAL MANAGER-I/II GENERAL MANAGER CSD

MTS JOINT GENERAL MANAGER-I/II GENERAL MANAGER CSD

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DRAFT CHARGE SHEET

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 TYPES OF PENALTIES
The Rules enumerate the following two kinds of penalties:
(a) Minor Penalties:
(i) Censure (ii) Withholding of promotion (iii) Recovery
from pay (iv) Withholding of increment of pay, without
cumulative effect.

(b) Major Penalties:

(i) Reduction to a lower stage in the timescale of pay for a
specified period, which shall ordinarily be not a bar to
promotion.
(ii) Reduction to a lower timescale of pay, grade, post or
service, which shall ordinarily be a bar to the promotion
(iii) Compulsory retirement;
(iv) Removal from service or
(v) Dismissal from service. 19
 HANDLING OF
COURT/ CAT CASES

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 CENTRAL ADMINISTRATIVE
TRIBUNAL (CAT)
Central Administrative Tribunal (CAT) was
established consequent to the enactment by the
Parliament, the ‘Administrative Tribunal Act of
1985’.

The Central Administrative Tribunal came into

effect from 1st November 1985. The jurisdiction of
CAT extends to whole of India so far it relates to
service matters (civil post/services) of the
personnel of the Union of India.
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 CENTRAL ADMINISTRATIVE
TRIBUNAL (CAT)
Under provisions of this act, The Central Administrative
Tribunal exercises jurisdiction and powers in relation to :
Recruitment and matters concerning recruitment in respect of
All India Service, any Civil Service of the Union, any civil post
under the Union as well as posts connected with the Defence or
in the Defence Service filled by a civilian

All service matters in respect of any member of All India

Service, persons appointed to any Civil Service or any civil post
under the Union, civilian appointed to any defence service post
connected with the defence, person under the control of any
corporation or society owned or controlled by the Government
and the Administrative Tribunal Act being made applicable to
them by specific notification.
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 COMPOSITION OF CAT
The Central Administrative Tribunal
(CAT) consists of one Chairman, Judicial
and Administrative Members to the
extent necessary.

The Chairman is in the Principal Bench,

CAT, New Delhi.

CAT Benches in other States are

normally headed by Vice Chairman. 23
 CENTRAL ADMINISTRATIVE TRIBUNAL (CAT)

Single Member Bench of CAT will handle the following matters :-

a)Change of date of birth
b)Postings/transfer
c)Entry in character rolls/confidential record/service record
d)Allotment or eviction from Govt. accommodation
e)Fixation of Pay
f)Medical reimbursement, leave, joining time, LTC and overtime.
g)Grant of pension, family pension, other retirement benefits,
cases related to interest on retirement benefits
h)Grant or refusal to grant advances/loans
i)Stagnation in increment
j)Grant of passes to Railway employees
k)Grant, refusal or recovery of allowances
l)Compassionate appointment/appointment of dependents of
Government dying in harness.
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 CENTRAL ADMINISTRATIVE TRIBUNAL (CAT)

Division (Two Member) Bench of CAT will handle the following

matters :-
a.Absorption in Public Sector/Autonomous Bodies/other
departments
b.Ad-hoc appointments/regularization
c.All India Services
d.Allotment/Vacation/Eviction of Quarters
e.Civil Services Examination
f.Creation and Abolition of Post
g.Daily Wages/Casual labourRegularization
h.Deputation/Repatriation
i.Disciplinary Cases :
i. Major Punishment- Dismissal/Removal/Compulsory
Retirement/Reduction in Rank
ii. Minor Punishment – other than punishments stated
above
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iii. Suspension
 CENTRAL ADMINISTRATIVE TRIBUNAL (CAT)
Division (Two Member) Bench of CAT will handle the following
matters :-
j.Extra Departmental Staff
k.Leave Rules – Break in Service/Dies non
l.Lien
m.Medical facilities
n.Probation
o.Recruitment and Appointment
p.Reservation for SC/ST/Ex-Servicemen/PH
q.Reversion
r.Retirement under FR 56(j)
s.Scale of Pay
t.Selection/Promotion
u.Seniority/Confirmation
v.Surplus Staff – Redeployment of
w.Travelling Allowance
x.Temporary Service Rules/Termination of Service
y.Training
z.Uniform and Washing allowance 26
 CENTRAL ADMINISTRATIVE
TRIBUNAL (CAT)
LARGER BENCH:
It is constituted on the specific directive of the Chairman
CAT, whenever a situation arises, i.e. when differing
views/judgments orders have been passed (by different
benches of CAT) on a similar cause of action filed by
applicants belonging to same department, in different
benches of CAT, to adjudicate the case once again to have
a uniform view/unanimity in judgment on the specific
‘cause of action’ referred to it.

The number of members in such a Larger Bench

normally consists of five or more, preferably in odd
numbers where the decision on the case is arrived by the
majority. 27
 CENTRAL ADMINISTRATIVE
TRIBUNAL (CAT)
SERVICE MATTERS
Remuneration (including allowances) Pension and other
retirement benefits
Tenure (including confirmation, seniority, promotion,
reversion, premature retirement, superannuation)
Leave of any kind
Disciplinary matters
Transfer
Allotment of Quarters
Eviction proceedings under Public Premises Act
Determination of marital status for purpose of family
pension
Any other matters.
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 COMMON COURT CASES IN CSD
Against Transfer

For Selection/Promotion

For Regularization of Casual/Daily Wages Services

Surplus Staff – Fixation of Pay on Redeployment

Against Disciplinary Proceedings/Penalty

For Compassionate Appointment

Release of Retirement Benefits

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 ACTION TO BE TAKEN ON CAT MATTERS

As and when OA is received from the Tribunal along with

a notice, additional time be taken from the Tribunal for
filing the reply affidavit.
Necessary inputs to be taken from the concerned
depots/Sections of CSD HO for preparation of reply
affidavit.
After obtaining the inputs, draft parawise reply should
be prepared and approval of the Competent Authority is
obtained.
The approved parawise comments be sent to the
concerned Depot Manager/RM for filing the reply in the
Hon’ble Tribunal through the Govt. Counsel.
Ensure that the reply affidavit is filed before the Tribunal
before the due date by the Govt. Counsel.
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 ACTION WHEN THE CAT ORDER IS
AGAINST THE GOVERNMENT
Advise of the Branch Secretariat of Law
Ministry to be obtained as to whether the order
should be implemented or a writ petition needs
to be filed in the matter in the High Court.

If there is any technical error in the judgment,

like date wrongly mentioned, etc., Review
Application can be filed within 30 days from the
receipt of the CAT order.

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 ACTION WHEN THE CAT ORDER IS
AGAINST THE GOVERNMENT
In cases where it is considered necessary to file Review/Writ
Petition, the following documents will be required :-
a.Certified copy of the CAT/Court Order against which
Review/Writ Petition is proposed to be filed.
b.Copy of the Original Application and its reply affidavit.
c.Opinion of the Govt. Counsel who defended the case.
d.Opinion of the Branch Secretariat, Ministry of Law &
Justice.
e.Grounds on which the order of the CAT/Court order is
proposed to be contested.
f.Whether the above grounds were brought to the notice of
the CAT, If not, why these grounds which are now proposed
to be advocated in the appeal were not made use of in the
CAT.
g.Last date by which review/appeal is to be filed. 32
 ACTION WHEN THE CAT ORDER IS
AGAINST THE GOVERNMENT
The matter has to be referred to MOD with
all supporting documents, i.e. OA, reply
filed by the Department, Rejoinder, Sur-
rejoinder, Hon’ble CAT order, legal
opinion of the Govt. Counsel, Legal
Advise of the Ministry of Law & Justice,
Branch Secretariat, to MOD for obtaining
sanction for further course of action in
implementing/challenging the CAT order.
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 BIO-METRIC
ATTENDANCE

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 Aadhaar Enabled Biometric Attendance
System (AEBAS)
The Government of India in the year 2014
introduced Biometric Attendance System

The ‘Digital India’ Programme includes

implementation of a common Biometric
Attendance System (BAS) along with Aadhaar
authentication.

To keep attendance records of Government

employees centrally, attendance.gov.in has
been implemented to monitor attendance at a
commonplace. 35
 Aadhaar Enabled Biometric Attendance
System (AEBAS)
Government of India has mandated all the
government organizations to adhere to Aadhaar
Enabled Biometric Attendance System (AEBAS).

The Aadhaar Enabled Biometric Attendance

System has been designed to improve the
productivity and punctuality of government
employees.

The system authenticates employee’s attendance

using Aadhaar number generated by the Unique
Identification Authority of India (UIDAI).
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 Aadhaar Enabled Biometric Attendance
System (AEBAS)
It is a cloud-based Biometric Attendance
System (BAS) that monitors the attendance
of employees in real-time.

The traditional method of marking

attendance involves manual registers which
result in time theft and involves the high
possibility of human errors.

Paper-based attendance marking

consumes more time and cost. 37
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THANK YOU

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