CCS (Cca)
CCS (Cca)
CCS (Cca)
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Appointing Authority
2. For all Group-A officers and above, the Appointing authority is the
President.
Disciplinary Authority
PENALTIES
The penalties in Rule 11are graded from the lowest to the highest, i.e. from
Censure to Dismissal. There are ten penalties. These are classified as Minor
penalties and Major penalties.
Minor penalties
(i) Censure
(ii) Withholding of promotion
(iii) Recovery from pay
(iii) (A) Reduction to a lower stage in the timescale of pay
(iv) Withholding of increments of pay.
Major penalties
(v) Reduction to a lower stage with cumulative effect etc.
(vi) Reduction to a lower timescale of pay, grade, post or service
(vii) Compulsory retirement
(viii) Removal from service
(ix) Dismissal from service
SUSPENSION
DEEMED SUSPENSION
(1) It he is detained in custody for a period exceeding forty eight hours. The
suspension shall be effective from the date of his detention. The charge
can be criminal or otherwise.
(1) When the Disciplinary authority himself becomes a witness in the case
against the Government servant or is personally involved in the case. For
example, if the Supdt. of Post Offices detects shortage of cash in an office, he
becomes a witness in the case against the SPM. Then, the Supdt. cannot issue
chargesheet to the SPM.
(2) When a Govt. servant is appointed by an officer who is higher in rank than the
officer under whom he is presently working. Example: A Sorting Assistant
who was originally appointed in RMS-N Dn. by the SSRM (Group-A)_is
transferred to BG-Division which is in the charge of an SRM (Group-B).The
SRM can issue chargesheet to the official and impose only one of the minor
penalties. If a major penalty is to be imposed, an ad-hoc disciplinary
authority is necessary.
Note: (1) It is the rank of the Appointting authority that is important, not the
Designation. SSPOs in Junior Time Scale and in Senior Timescale, though
both known as Sr. Supdts. by designation, are different in rank.
Before imposing any of the penalties specified in clauses (i) to (iv) of Rule 11, the
Disciplinary authority shall-
(1) Inform the Government servant in writing of the proposal to take action
against him, with a statement of imputations of misconduct or
misbehaviour on which the proposed action is based.
(2) Give the Government servant reasonable opportunity to make such
representation as he may wish to make.
(3) Hold an inquiry in the manner laid down for imposition of major penalty if
the Disciplinary authority considers it necessary [Rule 16 (1)(b)].
(4) Take into consideration the representation, if any, submitted by the
Government servant (and the record of inquiry if an inquiry was held).
(5) Record his finding on each imputation of misconduct or misbehaviour, and
award the penalty.
Note: (1) Normally no records are made available to the Government servant for
inspection(if there is no inquiry). But if the Government servant
makes a specific request for permitting him to inspect the relevant
records, the Disciplinary authority may grant such permission.
(3) The accused Government servant can request for an inquiry and the
Disciplinary authority may grant the request. If the request is not
considered, the Disciplinary should record reasons for such a
decision, and communicate them to the Government servant.
(4) After an inquiry under Rule 16(1)(b), the Disciplinary authority can
impose only one of the minor penalties.
(i) Definite and distinct articles of charge, which spell out briefly the
substance of the imputations of misconduct or misbehaviour;
(ii) A statement of the imputations of misconduct or misbehaviour in
support of each article of charge;
(iii) A list of documents by which the articles of charge are proposed to be
sustained; (copies of all the documents in the list are enclosed with
the chargesheet).
(iv) A list of witnesses by whom the articles of charge are proposed to be
sustained.
(i) a copy of the chargesheet with copies of all the documents listed
in the chargesheet
(ii) a copy of the written statement of defence, if any, submitted by
the Government servant
10. If the Government servant does not plead guilty, formal inquiry
starts. The Government servant may inspect the documents, and
submit a list of witnesses to be examined on his behalf. He may also
give a list of additional documents to be produced.
11. The P.O. produces all the documentary evidence and also has his
witnesses examined. The examination of witnesses is in 3 parts:
examination in-chief, cross examination and re-examination.
The P.O. examines the witnesses, and the Government servant cross-
examines them. The P.O. can re-examine the witnesses.
12. When the case for the Disciplinary authority is closed, the
Government servant states his defence, orally or in writing. The
evidence on behalf of the Government servant is produced. The
Government servant may examine himself, if he so desires. The
defence witnesses are examined and cross-examined, and also re-
examined.
14. The P.O. and the Government Servant file written briefs. (They can
state their cases orally also). The P.O’s brief is given to the
Government Servant to enable him to prepare his brief.
15. After getting the briefs of the P.O. and the Government Servant, the
Inquiring authority prepares the Inquiry Report, and submits it to
the Disciplinary authority.
(d) written briefs, if any, of the Presenting officer and the Government
servant.
(e) The orders, if any, made by the Disciplinary authority and the
Inquiring authority in regard to the inquiry.
Rule-15
2. The GS does not have to get permission from the Disciplinary authority
to engage an Assisting Government Servant (AGS). But the AGS should
obtain the permission of his controlling authority before agreeing to
assist the GS.
3. An AGS can take up at a time only 3 disciplinary cases for giving
assistance.
5. The Inquiry Authority (IA) can allow the Presenting Officer (PO) to
produce new evidence, i.e. evidence not included in the list given to the
GS, or may itself call for new evidence or recall and re-examine any
witness. Such evidence may be called for only when there is an
inherent lacuna or defect in the evidence produced originally, and not
to fill up any gap in the evidence.
7. If the GS does not appear for the inquiry in person before the IA or
refuses to comply with the provisions of the rule, the IA may hold the
inquiry ex parte (meaning: in the interest of one side only)
10. If the IA is of the opinion that the inquiry has established any article of
charge different from the original articles of charge, he may record his
findings on such articles of charge. But he cannot record such findings
unless the GS has either admitted the facts or has had a reasonable
opportunity of defence. The IA is not competent to issue a formal
chargesheet to the accused GS.
11. One of the major penalties may be imposed in the following cases:
(1) possession of disproportionate assets,
(2) illegal gratification,
(3) mis-appropriation of Government money, stores, etc
(4) falsification of Government records,
(5) false claims like TA claims,
(6) disclosure of secret or confidential information,
(7) misuse of official position.
17. An official who may have to appear as a witness in the disciplinary case
is debarred from functioning as the Presenting Officer or Inquiring
Officer (IO).
20. A GS who is under suspension can function as AGS for another GS.
22. The IA can refuse to examine witnesses, if he thinks that their evidence
is irrelevant or immaterial to the case. (There was a clear provision in
the CCS(CCA) Rules, 1957- Rule-15(c)- to this effect, but the CCS (CCA)
Rules,1965 is silent on this issue). The IA should record special and
sufficient reasons to show that he has exercised his discretion in a
judicial manner.
23. The P.O. can re-examine a witness only on those points on which he has
been cross-examined, but not on any new matter without the
permission of the IA. In that case, further cross examination of the
witness by the GS is allowed.
27. The final orders issued by the DA should contain the reasons on the
basis of which the decision was arrived at to impose a particular
penalty. The DA should issue self-contained, speaking and reasoned
orders. Also, the DA should himself issue the order as he cannot
delegate this power to his subordinates. However, where president is
the DA, the order can be issued on his behalf by an officer authorised in
this behalf.
29. The higher disciplinary authority to whom the case was referred by
the lower DA for imposition of one of the major penalties, can also
impose one of the minor penalties if he decides to do so. However, the
higher DA cannot remit the case back to the lower DA asking him to
impose one of the minor penalties.
32. Only if the DA is not himself the IA, the inquiry report will be
forwarded to the accused GS before issue of final orders.
35. If the DA proposed to cancel the chargesheet and issue a fresh one, he
should mention the reason for cancellation, namely, his intention to
issue a fresh chargesheet, in the order of cancellation. It should also be
stated in the order that the proceedings were dropped without
prejudice to further action against the employee. Otherwise, the DA is
debarred from initiating fresh proceedings against the accused GS.
38. It is not the status of the GS at the time of commission of the offence,
but status at the time of initiation of disciplinary proceedings, that
determines who the competent authority is.
(i) If the conduct of the Government servant has led to his conviction
on a criminal charge
Or
(ii) When it is not reasonably practicable to hold an inquiry in the
manner provided in the rules
Or
(iii) When the President is satisfied that in the interest of the security
of the State, it is not advisable to hold an inquiry.
NOTE:
(III). Rule-19 (i) can be made applicable in all cases of conviction, i.e. conviction
under IPC, IPO Act, State Laws like Prohibition Gambling, etc. The quantum
of punishment will be decided by the competent authority on the ground of
conduct, which led to the conviction of the official, and not the conviction
itself.
(V). An order issued under Rule-19 (i) can be appealed against. The GS can seek
judicial review also.
(VI). Action under Rule-19 (ii) can be taken by the DA without issue of memo of
charges. During the course of an inquiry also, if the DA comes to the
conclusion that it is not reasonably practicable to hold an inquiry, he can
take action under Rule-19(ii).
(VII). It is essential that the reasons for dispensing with the inquiry are recorded
in the file concerned before action is taken under Rule-19 (ii). The
reasons need not find a place in the final order itself. If some DA feels like
incorporating the reason briefly in the punishment order, he is free to do
so.
(VIII). The decision of the DA under Rule-19 (ii) cannot be questioned in appeal,
revision or review. The GS can, however, request for an inquiry into the
charges on which the penalty has been imposed on him.
(IX). Court and Tribunals have the power of judicial review of a decision taken
under Rule-19 (ii). They are competent to quash the decision of the DA and
ask him to hold an inquiry.
(X). Action under Rle-19 (iii) is based on the satisfaction of the President or
Governor. The satisfaction is arrived at with the aid and advice of the
Council of Minister. The reasons for this satisfaction need not be recorded
in the order imposing the penalty; the reasons cannot be made public also.
(XI). There is no provision for appeal or other departmental remedy when action
under Rule-19 (iii) is taken by the President or the Governor. However,
where the inquiry has been dispensed with by the President or the
Governor, and the order of penalty has been passed by a subordinate
authority, the GS can appeal. In the appeal the GS can ask for an inquiry to
be held into his alleged misconduct.
(XII). Ordinarily, the satisfaction reached by the President or the Governor would
not be a matter of judicial review. However, if there are grounds of mala-
fide, the matter will become subject of judicial review.
16. If the Court has acquitted a GS stating that the allegations are not
true, then it is not permissible to hold a departmental inquiry on
the same allegation. If the Court has only expressed a doubt as to
the correctness of the allegations, then there is no objection to
holding an inquiry on the same allegations. It is also permissible to
hold a departmental inquiry after acquittal, in respect of a charge
which is not identical with or similar to the charge in the criminal
case.
revising authority.
officiating
(6) an order determining the subsistance allowance and other
allowances of the GS
(B) In case of Group C and Group D (Class III and Class IV)
employees
(1) the authority to which the authority making the order
is immediately subordinate.
Or
NOTE
2. The above authorities can call for the records of any inquiry and
revise any order. They may:
(d) remit the case to the authority which made the order or any other
authority to make further inquiry as considered necessary
(e) pass any other order as considered necessary.
3. While passing an order under para 2 above, the revising authority may ensure that,
(ii) If it is proposed to impose a major penalty, an inquiry under Rule 14 has been made
(iii)If it is proposed to enhance the penalty to one of the major penalties, an inquiry
under Rule 14 has been made
4. The revising authorities mentioned in sub-paras (ii) (iii) and (iv) of para 1 above, may
also ensure that, the authority who issued the appellate order, or the authority to
whom the appeal would lie ( when no appellate order has been issued ) is subordinate
to him.
(ii) Till the disposal of the appeal, if an appeal has been preferred.
NOTE (1) A copy of the punishment register is sent by the DA to the Appellate authority every
month. This statement (which contains all the penalties imposed by the DA) is
scrutinized by the Appellate authority (Vigilance Officer or ASP (Vigilance) does
the scrutiny on behalf of the Appellate authority) to consider if the orders of the
DA need revision. If the appellate authority decides to revise any order he will call
for records of the case from the DA under intimation to the GS. The Appellate
authority should clearly indicate in the order calling for records that he proposes
to revise the order, and hence the records are called for.
(2) The Appellate authority can revise an order within 6 months from the date of the
order proposed to be revised. The period of 6 months will be counted from the
date of the order to the date on which the records are called for by the Appellate
authority.
(3) The original punishing authority is not competent to revise or cancel its own order
by way of revision. That is, power to revise means the power to revise the order of
subordinate authorities and not its own orders. So, the DA cannot revise or cancel
its own orders. The matter has to be referred to the competent authority like the
Appellate authority.
(4) A GS may prefer a revision petition to the revising authority without submitting an
appeal. For example, a PA or SA may prefer a revision petition to Member (P) (now
CPMG) without preferring an appeal to DPS. He can also submit a revision petition
to DPS (if he has not submitted an appeal within the period of limitation) within 6
months from the date of the order issued by the DA. That is, revision petition can
be preferred to the Appellate authority also, but within 6 months. There is no time
limit for submission of revision petition to Member (P), CPMG and President.
(5) Consultation with the UPSC is not necessary when the President sets
aside disciplinary proceedings for non-compliance of Article 311 of the
Constitution and remits the case back to the appropriate authority for
proper disposal of the case.
REVIEW- [29- A]
The power of review under Rule 29-A is vested in the President only , and not in
any other authority.
2. The borrowing authority shall forthwith inform the Department of Posts (the “lending
authority”) of the circumstances leading to the suspension of the GS (if he has been
placed under suspension) or the commencement of the disciplinary proceeding ( if
any case has been initiated ).
3. If, as a result of the disciplinary proceedings, the borrowing authority wants to impose
a minor penalty on the GS, it can do so after consultation with the lending authority. If
there is a difference of opinion between the two authorities, the GS will be sent back to
the lending authority (the Department of Posts).
4. The borrowing authority has no powers to impose a major penalty on the GS (the
official of the Department of Posts). If the authority is of the opinion, after
completion of the inquiry proceedings, that one of the major penalties should be
imposed on the GS, it shall send him back to the lending authority ( the Department
of Posts). It will also send the proceedings of the inquiry. The Disciplinary authority in
the Parent Department ( the Department of Posts) may pass an order on the basis of
the inquiry proceedings received from the borrowing authority, or he may order an
inquiry as deemed necessary.
Officers borrowed from other Departments, State
Governments, etc.
[Rule-21]
2. If, after completion of the disciplinary proceedings, the Department wants to impose
one of the minor penalties on the officer, it can do so after consultation with the State
Government. In case of a difference of opinion, the officer will be sent back to the
Statement Government.
3. The Department cannot impose a major penalty on the officer. If after completion of
the inquiry, the Department is of the opinion that one of the major penalties should be
imposed, the officer will be sent back to the State Government. The proceedings of the
inquiry will also be sent.
1. Rule 11 says that for good and sufficient reasons penalties can be imposed on a GS.
This is adequate authority to initiate disciplinary action against a GS for misconduct
committed in earlier employment, if the misconduct is of such a nature as to render
him unfit and unsuitable to continue in service. Suppose, the GS was a GDS employee
in his earlier employment and had committed some misconduct, it is quite in order to
initiate disciplinary proceedings against him for the past misconduct. The proceedings
will be ordered under CCS (CCA) Rules 1965, and not under GDS (Conduct and
Employment ) Rules 2001.
2. If a GS has secured employment by producing false information, that is, when he is not
eligible in terms of the recruitment rules, he should not be retained in service. If he is
a probationer or a temporary GS, his service should be terminated. If he is permanent,
an inquiry under Rule-14 may be held, and if the charges are proved, the GS should be
removed or dismissed from service.
4. When a temporary GS asks for leave in excess of the limits prescribed under
exceptional circumstances, leave may be granted by the sanctioning authority in
consultation with the Ministry of Finance. The case should be referred to the
Directorate. If there are no exceptional circumstances, and the leave is not granted,
the GS should rejoin duty forthwith. If he does not rejoin duty, disciplinary action may
be taken against him.
5. If a GS absents himself abruptly or remains absent even after his request for leave is
refused, the period of absence would be treated as unauthorized absence under FR 17.
That is, the period of absence will result in a break in his service. Disciplinary action
will also be initiated against the G.S. On conclusion of the disciplinary proceedings, the
GS may represent to the competent authority to condone the break. If the competent
authority is satisfied, the period can be treated as dies non.
6. A day can be marked as dies non in the following cases: (1) absence without
permission (2) leaving the office without permission while on duty and (3) while on
duty, refusal to perform the duties assigned. The leave sanctioning authority can
order dies non in the above cases. This means, even if the GS performs duty for part of
the day, the day can be treated as dies non. However, dies non is not ordered for late–
coming; only half a day casual leave is debited to his casual leave account.
7. Suppose, in the above case the GS has no casual leave to his credit. The competent
authority, if he does not propose to initiate disciplinary action, will inform the GS that
he will be treated as on unauthorized absence for the day. It is left to the GS either to
face the consequences of such unauthorized absence, or to apply for any kind of leave.
8. Two statutory penalties can be imposed on a GS for a single offence, though normally
there will be no need to impose two penalties at a time. The penalty of Recovery from
Pay can be imposed along with another penalty. However, the net cumulative effect on
the GS should not be so severe as to make it impossible for him to bear the strain. The
second penalty imposed should be a higher penalty like Withholding of increment or
Reduction.
9. There is a distinction between Censure and Warning. The first is a formal penalty
imposed on a GS for good and sufficient reason. That is, the GS has been found guilty
of some misconduct or misbehaviour. The penalty is imposed after following the
prescribed procedure under the CCS (CCA) rules, 1965. A record of the penalty is kept
in the official’s Confidential Report. It can have a bearing on the assessment of his
merit or suitability for promotion to higher posts. (Generally, Censure is not a bar to
promotion).
A written Warning is given to the GS when he is found guilty of an act which does not
justify imposition of a formal penalty, such as carelessness in work, delay in disposal
of cases, etc. A warning also can be recorded in the G.S’ s Confidential Report, if the
reporting authority considers it necessary. Though a warning does not amount to a
formal penalty, it can also affect the promotion chances of the GS.
10. If a disciplinary proceeding is held against a GS, it cannot be closed with a warning; at
least the penalty of Censure should be imposed. That is, warning should not be issued
as a result of a disciplinary proceeding. (If there is no justification to impose the
penalty of Censure on the GS, the DA can drop the proceeding).
(1) the date from which it will take effect and the period (i.e: years and months)
for which the penalty shall be operative;
(2) the stage in the time-scale ( in terms of rupees) to which the GS is
reduced; and
(3) the period , if any, for which his future increment will be postponed.
13. Reduction to a Lower Stage in the time-scale as a major penalty should be ordered in
the following form:
“It is therefore ordered that the pay of Shri……. be reduced by…….stages from
Rs……….to Rs……… in the time-scale of pay of……. for a period of…. years/months with
effect from…… It is further directed that Shri…….. will/will not earn increments of pay
during the period of reduction and that on expiry of this period, the reduction
will/will not have the effect of postponing his future increments of pay”
reduced
(4)the period, if any, for which his future increments will be postponed.
15. If the order of reduction referred to in para 14 above is for an indefinite period, the
order should be in the following form:
16. If the intention of the order referred to in para 14 above is that the GS will be
considered for re-promotion only after a specified period, the order should be in the
following form:
( If no period is specified in the order, the penalty is for an indefinite period. If the
order does not specify the stage at which the pay of the GS will be fixed in the lower
post /grade, etc, his pay will be fixed at the lowest stage in the post/grade, etc).
17. A person appointed directly to a higher post, service, grade or time-scale (say,
an SA or PA) cannot be reduced to a lower post, grade, service, or time-scale (
say, Mail Guard or Postman) which he never held before.
18. Disciplinary proceedings initiated under Rule 14 and Rule 16 automatically continue
as proceedings under Rule 9 of CCS (Pension) Rules 1972, under which the President
has the power to withhold or withdraw the pension, etc. of a retired GS. Minor penalty
proceedings initiated under Rule 16 do not justify such penalties. Therefore, it is
necessary that minor penalty proceedings initiated against a GS who is due to retire
should be finalised before the date of his retirement.
19. The penalty of Withholding of Increment takes effect from the date of the next
increment. It cannot affect the increment which was due prior to the issue of the
order, even though it may not have actually been drawn for some reason or the other.
20. An order of Withholding of Increments of pay has to be worded carefully. Suppose, the
order says that the ‘next increment’ of the GS is withheld for a period of 3 years, all the
3 increments falling due during that period will be withheld. The obvious reason is
that, without getting the next increment the GS cannot get increments falling after the
next increment. If on the other
hand, the order says that ‘one increment’ of the GS is withheld, the GS will get the
subsequent increments, falling during the period ( two increments in the above
example).
21. Suppose, a GS is held at EB stage ( Efficiency Bar stage), and his increments are
withheld. The penalty cannot be implemented as he has not been allowed to draw
increments after the EB stage. The competent authority should review the EB case of
the GS immediately after imposition of the penalty, and allow the GS to cross the EB
stage if he is found fit. The penalty cannot be implemented until the GS is allowed to
cross the EB stage. ( There is no EB stage in any pay scale after the V Pay Commission]
22. When there are a series of penalties of stoppage of increments on a GS, the first order
of stoppage of increment will be implemented first. When the period specified in the
order is over, the pay of the GS will be raised by giving him increments which are due
to him. Then the second order of stoppage of increment will be implemented, and so
on.
23. There are cases when a second penalty is imposed on a GS while the first penalty is
current. Generally, the DA specifies in the second order whether the two penalties
should run concurrently or the second penalty should be implemented only after the
expiry of the first penalty. If no such mention is made in the second order, the two
punishments will run concurrently, and the higher penalty, even though ordered later,
should be implemented immediately, and after expiry of the penalty, the lower
punishment will continue for the balance period.
Suppose, a TBOP official is reduced to the minimum stage in the scale of his pay w.e.f.
1.1.2004 for a period of 4 years, that is, up to 31.12.2007. Another penalty is imposed
on him in June 2004 reducing him to the lower time-scale of Postal Assistant w.e.f.
1.7.2004 for a period of 3 years. This is higher than the first penalty, and its currency
will be up to 30.6.2007. In this case, the second penalty will be implemented w.e.f.
1.7.2004, that is, the GS will be reduced to a PA. This will continue up to 30.6.2007. For
the balance period, that is, from 1.7.2007 to 31.12.2007, the first penalty will be
implemented. The first penalty runs concurrently with the second penalty from
1.7.2004 to 30.6.2007.
26. The penalty of Recovery can be imposed only when the GS is responsible for a
particular act or acts of negligence or breach of order that caused the loss. The lapses
on the part of the GS must have a link with the loss sustained by the Department, say,
for example, the lapses led to the commission of a fraud or misappropriation by
another GS. The charge-sheet should be elaborate and indicate clearly the nature of
the lapses, the modus operandi of the fraud, and how the lapses on the part of the GS
resulted in the fraud.
27. The Department of Posts has laid down a monetary limit for the penalty of Recovery
from pay. The recovery should not exceed one third of the basic pay ( excluding
Dearness Pay, allowances, etc), and should not be spread over a period of more than 3
years, that is 36 months. In other words, the recovery should not exceed one year’s
basic pay.
This order has been cancelled by the DOP ( Department of Personnel) in its order
No. 11012/1/2000-ESTT(A) dtd 06.09.2000. Now, the position is that there is no
monetary limit for recovery from pay. That is, the entire loss can be recovered from
the pay of the GS. There is no limit for the period of recovery either.
28. The amount ordered to be recovered from the pay of a GS can be reduced by the DA at
any later stage if it is found that the amount is more than the loss sustained by the
Department. The excess amount recovered, if any, will be refunded to the GS .If the
loss is found to be nil, the entire amount recovered will have to be refunded to the GS.
But the case will be first reviewed by the competent authority ( not the DA) for
imposing another penalty on the GS. The penalty imposed must be lower than that of
Recovery, that is, either Censure or Withholding of Promotion.
(1) His continuance in office will prejudice investigation, trial or any enquiry
(tampering with records, influencing witnesses, etc)
(2) His continuance in office is likely to seriously subvert discipline in the office.
(3) His continuance in office will be against the wider public interest (eg: when he
gets involved in a corruption case or public scandal).
(4) The preliminary enquiry has revealed a prima facie case against him
justifying criminal or departmental proceedings which may lead to his
conviction, dismissal, removal, etc.
(5) He is suspected to have engaged himself in activities prejudicial to the
interest of the security of the State.
9. Normally, an order of suspension contains the reasons for suspension, like the
pendency of a disciplinary case against the GS, investigation of a criminal case,
etc. But when a GS is suspended for contemplated disciplinary proceedings, he
has no chance of knowing the exact reasons for his suspension. These will be
known when a charge-sheet is issued to him within the prescribed period of 3
months. If the charge-sheet is not issued within 3 months, the Disciplinary
authority should communicate to the GS the reasons for his suspension so that
the GS can prefer an appeal within 45 days. The time-limit of 45 days will count
from the date on which the reasons for suspension are communicated.
10. The resignation of a GS under suspension is not generally accepted. If the
alleged offences do not involve moral turpitude, or the quantum of evidence is
not enough to justify his removal or dismissal, or the proceedings are going to
be protracted involving huge expenditure, the competent authority may accept
the resignation (For Group C and D employees, approval of the Head of the
Department i.e. PMG/CPMG is required; for Group A and Group B officers,
approval of the Minister)
11. A letter of resignation can be withdrawn after its submission, but before
acceptance by the competent authority, or before it has become effective ( that
is, before relief of the GS). The competent authority may or may not allow
withdrawal of the resignation.
12. The GS can request for withdrawal of the resignation even if it has become
effective. The appointing authority may permit the withdrawal, if the period
between the resignation (date of relief) and resumption of duty (rejoining after
acceptance of withdrawal) does not exceed 90 days. If the period exceeds 90
days, sanction of the Government is necessary.
14. A GS under suspension can retire voluntarily only with the prior approval of
the competent authority, that is, the authority which has the power to make
substantive appointment to the post from which the GS wants to retire.
16. When a GS under suspension dies, the period between the date of suspension
and the date of death will be treated as duty for all purposes as laid down in FR
54-B(2).
22. The following recoveries are compulsory from the subsistence allowance:
(1)PLI premia
(2)Amount due to Co-operative Societies
(3)Refund of GPF advances
(1)GPF subscription
(2)Court attachment
(3)Recovery of loss suffered by the Government (overpayment made to
the GS can be recovered)
25. A GS under suspension will not be required to vacate licence-fee-free
accommodation, unless the accommodation is specially attached to any
particular post. But rent will be recovered from him. If the period of suspension
is later on regularised by paying him full pay and allowances, the rent
recovered will be refunded to him.
26. When the scale of pay of a post held by a GS under suspension is revised with
effect from a date prior to the date of suspension, he should be allowed to
exercise the option under FR-23. That is, he is entitled to the benefit of increase
in pay, and also in subsistence allowance. If the revision of pay takes place
from a date during the period of suspension, he can exercise his option( if he is
not a temporary GS) but the benefit will accrue to him only if the period of
suspension is treated as duty after reinstatement. A temporary GS can exercise
the option after reinstatement.
27. A GS under suspension is not eligible for conveyance advance, but he is eligible
for HBA.
28. The GS will be paid TA with reference to the grade to which he belonged prior
to his suspension. He may be paid TA advance also. He is eligible for CEA,
reimbursement of tuition fees, etc. He is not eligible for LTC for himself, but his
family members can avail of the LTC facility independently.
29. Rule 10 of CCS (CCA) Rules 1965 was amended in Dec,2003 by incorporating
two sub-rules, namely, Rule 10(6) and Rule 10(7). Rule 10(6) states that an
order of suspension made or deemed to have been made shall be reviewed by
the competent authority before expiry of 90 days from the date of the order on
the recommendation of the Review Committee constituted for the purpose. The
competent authority may pass orders either extending or revoking the order of
suspension. Extension of suspension shall not be for a period exceeding 180
days at a time. Subsequent reviews shall be made before expiry of the extended
period of suspension.
30. Rule 10(7) states that an order of suspension made or deemed to have been
made shall not be valid after a period of 90 days unless it is extended after
review, for a further period before expiry of 90 days.
31. The constitution of the Review Committee for Group C and D employees is as
follows: 1) the Disciplinary Authority (2) the Appellate authority, and (3) an
officer of the level of the Disciplinary or the Appellate authority from the same
office or from another Central Government office, if an officer of the same level
is not available in the same office. The Review Committee started functioning
w.e.f. 03.04.2004.
The Departmental Inquiries Act, 1972
(Enforcement of Attendance of witnesses and production of
Documents)
1. This Act provides for the enforcement of attendance of witnesses and production
of documents in departmental inquiries by the Inquiring Authority(IA). The Act
extends to the whole of India except Jammu and Kashmir.
2. The Central Government can authorize the Inquiring Authority (IA) (1) to
summon and enforce the attendance of any witness, and also to examine him; (2)
to call for any document or other material which is required as evidence; and (3)
to requisiton any public record from any Court or Office. The authorization is
done by notification in the Official Gazette by the officers authorized by the
Government.
4. The authorized IA shall have the same powers as are vested in a Civil Court
under the Code of Civil Procedure 1908, while trying a suit, to summon
witnesses, documents, etc. as stated in para 2 above. (with the exception of
books of accounts maintained by the Reserve Bank of India, State Bank of India,
etc. which are of confidential nature).
5. The authorized I.A’s order shall be served and executed through the District
Judge concerned. The IA’s territorial jurisdiction includes all states of India,
except Jammu and Kashmir. The order will be sent by the IA to the District Judge
by post along with a copy of the notification issued by the competent authority in
the Official Gazette.
6. The authorized IA shall be deemed to be a Civil Court for the purposes of sections
480 and 482 of the Code of Criminal Procedure, 1898.
7. No rules have been made under this Act. The provisions of the Act can be
implemented effectively without any rules.
2. The conditions for instituting departmental proceedings after retirement are the
following:
4. The two conditions binding on the President while exercising his power under
para 3 above are :
(1)The UPSC shall be consulted before any final orders are passed.
NOTE: 1. Consultation with the UPS is necessary before issue of final orders in all
cases, both gazetted and non-gazetted employees.
4. Loss suffered by the Government is not the only criterion for continuing
disciplinary proceedings after retirement. Even in the absence of any
pecuniary loss, the pension of a pensioner can be withheld or withdrawn
for an act of misconduct committed while in service.
(1) The GS should be told in the form of written charges what he is alleged to
have done.
(2) On which evidence, oral or/and documentary, the allegations are based.
(3) He should have an opportunity to inspect the documentary evidence, and
to test
the oral evidence through cross-examination.
(4) He should have an opportunity to produce such evidence as he may wish
to defend his case.
4. Natural justice is a term used in disciplinary proceedings very often, though the
term is not defined in any rules. Through judicial pronouncements, the term has
come to embody three principles:
In short, every party has a right to fair hearing, unbiased judgment and
clear speaking order.
The Inquiry Officer (I.O.) is not the Prosecutor. It is not his duty to somehow
prove the charge. He should not assume that the Charged Officer is guilty and try to
bring out admissions from him. Such an approach would invite the charge of bias
against him. He should put questions with a view to bringing out answers for a
proper understanding of the facts before him. In short, he should act impartially and
without bias.
The I.O. functions on behalf of the Disciplinary authority, but is not subject to
his orders. He functions are: (1) record the evidence (2) analyse it (3) arrive
at his own findings and (4) write a self-contained report that expresses his
findings on each articles of charge.
The I.O’s job is to inquire into the truth of the charge against the charged
officer. It is a quasi-judicial function, and hence the I.O ceases to be a Govt.
Servant for this purpose. So, the IO should be unbiased, fair, just and judicious. He
should ensure that both sides get just and reasonable opportunity to express their
viewpoints.
The I.O. should commence the inquiry as early as possible, and conduct it on a
regular basis. He should not allow the parties to delay the proceedings by seeking
adjournments. However, he should ensure that all reasonable opportunities are
made available to the charged officer to defend his case. He should also observe the
principles of Natural Justice.
The I.O. should order ex parte inquiry where the circumstances justify it. He
should not conduct the inquiry ex parte if the charged officer is unable to attend it
due to non-receipt of subsistence allowance. The charged officer must be allowed to
attend the inquiry if he appears when such an inquiry is in progress.
The Presenting Officer (P.O.) presents the case on behalf of the Disciplinary
authority. He is an interested party in the sense that his main objective is to
establish the charges framed against the charged officer. In other words, he is the
advocate of the Government in departmental inquiries.
The P.O. should study the case thoroughly with reference to the evidence on
record before the hearing starts. He should be familiar with the rules and
procedures of departmental inquiries and should boldly express his views when
there is a breach of them. He should also assist the I.O. to plan the conduct of the
inquiry.
The P.O. should get in touch with the officer who investigated the matter,
discuss the case thoroughly, and get additional evidence, if necessary. Before
departmental witnesses are examined, he should meet them and brief them so that
they refresh their memories.
The P.O. should anticipate the possible defence of the charged officer, and be
ready to cross-examine the defence witnesses. He should try to demolish the case
built up in defence of the charged officer by exposing the weakness in he evidence.
The defence always raises the following points: mala fide, natural justice and
burden of proof. The P.O. should be ready to answer these points.
At the close of the inquiry, the P.O. prepares his written brief. Though there
is provision for oral brief, the P.O. should seek permission to present a written brief.
He should prepare it in such a way that the charges levelled against the charged
officer appear to be proved beyond reasonable doubt. A copy of the brief is given to
the charged officer to enable him to prepare his brief. Therefore the P.O. should
anticipate the possible line of defence and arguments of the charged officer. With
the submission of written brief, the functions of the P.O. come to an end.
The AGS must be a person with a fair knowledge of departmental rules and
procedures. He must also be familiar with the technique of examination of
witnesses and presenting arguments logically. His sole objective is to prove that the
GS is not guilty of the allegations levelled against him.
The AGS must be able to anticipate the plans of the P.O. When the
examination-in-chief is on, he must note down all the points that need clarification
at the cross-examination. He must frame the questions for cross-examination well in
advance. He must try to get answers in favour of the GS during cross-examinations.
He must also try to confuse the departmental witnesses so that they give
contradictory statements during their examinations.
The AGS must always co-operate with the IO for the smooth conduct of the
inquiry. He should never do anything to obstruct or hinder the proceedings. He
should also ensure that he never clashes with the P.O. on petty issues. But he has the
right to oppose the P.O. on technical flaws or points that may adversely affect the GS.
The AGS should monitor the progress of the inquiry regularly. He should brief
the defence witnesses in advance, keeping in view the questions anticipated in
cross-examinations. He should also help the GS in preparation of his defence. If the
GS volunteers to examine himself, it as the AGS who will examine him. On receipt of
the P.O’s brief, the AGS studies it and assists the GS in preparation of his own brief.
The job of the AGS is over with the submission of the GS’s brief.
Miscellaneous points
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