CCS(CCA) Rules, 1965
Time Line for Disciplinary Proceedings
Articles of charge - Submit written Statement of Defence(15 days) - IA to Submit Inquiry Report(6 Months ) - DA gives the IR to GS ;Submit Representation(15 Days) - - DA to take a decision(3 Months).
_________________________18 Months___________________________________________
Appeal(45 Days) - Revision(6 Months)
2022
Rule 4 - Classification of services(4)
Not a Government Servant - Disciplinary proceedings can be initiated
Posts - 3 - Rule 6 - Classification of posts
Services - 4
GS- 3 cases
Retired - 7 cases
6 Months - Appellate authority - call record(suo moto) - revise any order
Documents/Witness produce - Presenting Officer
Rule 8 - Appointing Authority
CVC - All vigilance cases relating to Gazetted officer
Rule 9 - Appointment of other services and posts
Recovery at the discretion of Competent authority(1/3rd of Subsistance Allowance)
Rule 11- Authorities competent(Disciplinary Authority) to issue penalty; Good and sufficient reason to impose penalty.
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I
Casual Employee - on grant of temporary status
Suspension/Deemed Suspension - Reviewed - Authority competent to order suspension
Deputationist - Borrowing authority and simultaneously inform the lending authority.
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II
Rule 10 - Suspension
Rule 11 - Various types of penalties
Rule 12 - Disciplinary authorities
Rule 13 - Authorities to institute proceeding
Rule 14 - Major Penalty
Rule 15 - Action on Inquiry Report(Disciplinary Authority)
Rule 16 - Minor Penalty
False Certificate:
Probationer and Temporary GS - Terminated
Permanent GS - Removed, Dismissed(Bar on future employment)
Censure: Formal Punishment - Kept in officers confidential roll(APAR); Affect the merit of suitability for promotion to higher post
Warning: Not a formal punishment; Not a penalty
FR 52 - Pay and allowance ceases- Removal/Dismissal
FR 53 - Subsistance Allowance
FR 54 - Reinstated as a result of appeal/review
FR 55 - No leave
Suspension - Compensatory allowance admissible
Outside headquarters - Suspension effective from the date of receipt of order by the employee.
An employee cannot be reduced to a lower grade or post which he had neven held earlier.
Suspended employee - Act as Defence counsel for another employee.
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III
Two Penalty - As stated in the later penalty order
- Concurrently, if nothing stated in the order
Provisional Pension - The date immediately preceding the date on which he was placed under suspension.
Entitlement to retiring government servant:
1.Provisional Pension
2.Encashment of leave(Rule - 39(3))
Not Entitled:
1.Retirement gratuity
The employee need not be given opportunity to explain the circumstances on the basis which he is required to be suspended.
Borrowing authority:
Minor Penalty(impose)---> Inform Lending Authority
Major Penalty—-> Reverted to Lending Authority
Minor Penalty Cases:
1.Petty infringement/ procedural irregularities
Major Penalty Cases:
1.Gross irregularity or negligence with dishonest motive
2.Misuse of official position/power for personal gain
3.False claims such as TA, LTC, etc
4.Possession of disproportionate assets
5.Getting or attempting to get illegal gratification
6.Misappropriation of Govt. property, money, stores
7.Falsification of Govt. records.
8.Disclosure of secret/confidential information
Rule 11 (iii) - Recovery
10 days - Make representation against disciplinary proceedings(Minor penalty)
Disciplinary Inquiry:- Disciplinary authority
- Inquiry authority(Retired officer; relieved from duties upto 20
days in 2 spells)
Functions of Inquiry Authority:
1.To document
2.To analyze
3.To recommend whether the charges are proved or not
IV
Within a week - Time limit to issue a charge sheet.
5 days - Inspection of records by charged officer
30 days - Presenting officer to produce evidence
1 Month - Producing requisite documents claimed by charged officer
1 Month - Sending proposal to CVC for advice(1st stage and 2nd stage)
18 Months - Major PenaltyV
Less than 1 year - Disciplinary proceeding - Ad-hoc appointment
2 Types - Documents
3 Parts - Examination of witness
i. Examination in chief
ii. Cross examination
iii. Re-examination
5 Parts - Charge Sheet
i. Memorandum
ii. Annexure I - Statement of articles of Charge
iii. II- Statement of Imputation of Misconduct or Misbehaviour
iv. III - List of documents
v. IV - List of Witness
Police Station - Travelling allowance (admissible)
Criminal Proceedings - Government Counsel
Not a cause - Non availability of charged officer for the inquiry
Rule 18 - Two or more charged officials - Separately but Simultaneously
Rule 22 - No appeal
Rule 26 - Forms and contents of appeal
De-nova proceedings - When Appellate Authority sets aside the punishment order
Revise/Review the Punishment order - Head of Department
Change of headquarters and requested TA - Not permitted
Schedule - Authorities delegated powers to impose penalties to Group B,C,D
6 Months - Case referred to UPSC
No Revision Proceeding - i. Limitation period of appeal is over.
ii. Where an appeal has been preferred, the same is
disposed off.
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