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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

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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:

It is not reasonably practicable to hold inquiry

In the interest of the security of stateConviction 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

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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