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CCS (CCA) RULES 1965

CCS (CCA) RULES 1965. AUTHORITIES. APPOINTING AUTHORITY DISCIPLINARY AUTHORITY AD-HOC DISCIPLINARY AUTHORITY APPEALATE AUTHORITY REVISING AUTHORITY REVIEWING AUTHORITY. APPOINTING AUTHORITY.

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CCS (CCA) RULES 1965

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  1. CCS (CCA) RULES 1965

  2. AUTHORITIES • APPOINTING AUTHORITY • DISCIPLINARY AUTHORITY • AD-HOC DISCIPLINARY AUTHORITY • APPEALATE AUTHORITY • REVISING AUTHORITY • REVIEWING AUTHORITY

  3. APPOINTING AUTHORITY • The authority empowered to make appointments to the post / service / grade of which the government servant for the time being holds.

  4. DISCIPLINARY AUTHORITY • The authority competent to impose any of the penalties specified in Rule 11 of CCS (CCA) Rules 1965 on a government servant.

  5. AD-HOC DISCIPLINARY AUTHORITY • An Officer who has been specified by a special order of the President to act as a Disciplinary Authority, where the prescribed Disciplinary Authority is / will be the complainant and / or the material witness or directly concerned with the disciplinary proceedings.

  6. APPELLATE AUTHORITY • The authority specified in the schedule or by a general order or special order of the President to whom an appeal against an order of suspension / any of the penalties may prefer by the government servant. He may confirm, modify, set aside, reduce, enhance, impose any penalty, direct to make further enquiry.

  7. REVISING AUTHORITY • An authority may at any time, either on his own motion or otherwisecall for the records of any inquiry and REVISE any order made and may confirm, modify, set aside, reduce, enhance, impose any penalty, direct to make further enquiry.

  8. REVIEWING AUTHORITY • THE PRESIDENT may, at any time, either on his own motion or otherwise REVIEW any order passed under the rules and may impose / enhance / reduce / set aside the orders issued.

  9. Misconduct • Vigilance Angle • Bribery • Corruption • Forgery • Falsification of records • False claims • Disproportionate assets • Non-vigilance Cases • Unauthorized absence • Lack of devotion to duty • Negligence • Insubordination

  10. Sources of Information • Complaint • Genuinely signed • Anonymous • Pseudonymous • Audit reports • Newspaper reports • Other sources

  11. SUSPENSION- When • Disciplinary proceeding is contemplated or is pending • Official has engaged himself in activities prejudicial to the interest of the security of the State • Criminal case is under investigation, inquiry or trial

  12. DEEMED SUSPENSION • Detained in custody, whether on criminal charge or otherwise, for a period exceeding 48 hours • Conviction for an offence and imprisonment exceeding 48 hours

  13. Who can suspend? • The appointing authority • Any other authority to which the A.A. is subordinate • Disciplinary authority • Any other authority empowered by the President

  14. PENALTIES Minor Penalties (Rule -11) • Censure • Withholding of promotion • Recovery from pay • Reduction to a lower stage in time scale by one stage for period not exceeding 3 years without cumulative effect • Withholding of increments of pay

  15. Major Penalties • Reduction to a lower stage in the time-scale of pay with cumulative effect • Reduction to lower time-scale of pay, grade, post or service • Compulsory retirement • Removal • Dismissal

  16. SAFEGUARDS OF ART 311 • No dismissal or removal or reduction in rank by authority subordinate to appointing authority • No dismissal or removal or reduction in rank without inquiry in which:- • charge should be communicated to the Govt. Servant concerned. • should be given reasonable opportunity of being heard in respect of charges; and • penalty may be imposed only on the basis of evidence adduced during such inquiry

  17. Exceptions in Art 311 • Conviction on a criminal charge • Not reasonably practicable to hold inquiry • Appointing authority to be satisfied • Reasons to be recorded in writing • In the interest of the security of the state • President/ Governor to be satisfied

  18. Procedure for MINOR PENALTY- Rule 16 • Memorandum to the official indicating that action is proposed to be taken • Statement of imputations of misconduct • Opportunity to make representation is to be provided • Inquiry to be held at the discretion of the Disciplinary Authority • Inquiry obligatory if it is proposed to withhold increments • for more than 3 years • with cumulative effect • Is likely to affect adversely the amount of pension • Recording a finding on each of the imputation of misconduct , issue & communication of punishment orders

  19. DRAFTING OF CHARGE SHEET • Charge sheet for imposition of minor penalty in two parts • forwarding memorandum and • the statement of imputations

  20. Drafting of Charge sheet contd.. For Violation of departmental rules • Articles of charges should mention the departmental rule which has been violated apart from conduct rule violated For Contravention of Conduct Rule • 3(1)(i) to be quoted when integrity is suspected • 3(1)(ii) to be quoted when devotion to duty is suspected • 3(1(iii) to be quoted when unbecoming of a govt. servant is alleged • 3(2)(i) is to be used when the supervisor fails to ensure integrity and devotion duty of his subordinates

  21. Drafting a Charge sheet- Rule 16 • Clear, precise and intelligible • Should mention all relevant facts • Then state the nature of the misconduct • Rule violated may be mentioned • No inference as to guilt • Charge should not mention the evidence • Separate charge for each allegation • The articles of charge should be framed in clear, concise terms and without ambiguity. • Avoid charges which mainly depends on the statement of govt. servant

  22. Drafting a Charge sheet… • For minor irregularities, charge sheet under Rule-16 is sufficient and only minor penalty can be imposed and the minimum penalty is Censure. • Oral hearing -Rule-16(b)-is admissible in Rule-16 cases but can be denied if the article of charge is simple, easy to understand and does not involve any complexity • Charge sheet can be dropped if technically found defective and an order should be passed if so decided. If it is proposed to issue a fresh charge sheet, the reason for dropping the original one and the proposal to issue fresh charge sheet should be indicated in the order

  23. PUNISHMENT………Rule 16 • Give 10 days time to the official to make representation against the articles of charge • If received, go through the representation • Judge the quantum of punishment without prejudice, keeping in view the gravity of the misconduct • Findings on each article of charge after taking into consideration of the representation of the CO • Consider the representation and pass orders • The order of punishment to be specific, clear and unambiguous. • Final order to be a speaking order and to be signed by the disciplinary authority

  24. PUNISHMENT………Rule 16 • Service book to be checked before imposing the punishment to see whether the punishment proposed to be awarded can be implemented fully. • Next increment and Next One increment – Reduction to lower stage, post, grade or service – intention to be made clear- period of reduction whether earn increment to be specified – on expiry of punishment whether the punishment will have the effect of postponing future increment to be made clear – restoration to grade or post or service will be automatic or after review to be specified • Recovery from pay for the loss of govt. money can spread over unspecified period till the loss is fully adjusted • After issuing the order, the same authority cannot rectify the errors in punishment. Only the next higher authority can do it.

  25. PUNISHMENT………Rule 16 • Minor penalty proceedings cannot be extended beyond date of superannuation. • The entire disciplinary proceedings should be stopped if the CGS dies.

  26. Communication of the Orders • Findings on each article of charge after taking into consideration of the representation of the CO • Rule 17, CCS (CCA) Rules • Order passed & communicated

  27. Counseling • Punishments for petty lapses has to be avoided. • If the case is fit for counseling, employee may be called for counselling. • the positive & negatives of the employee should be kept in mind. • the counselling should be focussed on exploiting positives of the employee • the employee should be sensitized and made aware about the work & conduct needed for that job

  28. Warning • There may be occasions when there is a necessity to criticize the subordinate’s work • explanation may be called for bringing the facts to his/her notice & give opportunity to explain. • If lapse is not serious enough, viz. petty negligence, carelessness, lack of thoroughness, to justify the formal punishment of Censure • Communicate a written warning/admonition/reprimand • Should be kept in PF of the official

  29. Warning continued…. • Should not be placed on record unless there is good & sufficient reason to do so • If official has not improved even after written warning, may mention in APAR • If kept in APAR, official has the right to represent against this • Should not be issued as a result of disciplinary proceedings • It is not a punishment

  30. DIES NON • Absence from duty without prior information • leaving office during duty time without permission • even though in workplace refuses to perform duty assigned to him.

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