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Conduct & Discipline. CCS Conduct Rules 1964. Objectives of CCS (Conduct) Rules, 1964. To regulate general behaviour and deportment of the Government Servant To secure the full commitment of the GS in implementing the Government’s policies without question
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Objectives of CCS (Conduct) Rules, 1964 • To regulate general behaviour and deportment of the Government Servant • To secure the full commitment of the GS in implementing the Government’s policies without question • To eliminate all forms of dissolute and intemperate behaviour which are likely to impact on the Government Servant’s capabilities to discharge his duties • set certain moral standards
Objectives of CCS (Conduct) Rules, 1964 • To deter urge for material acquisitions by checking all possible means of becoming rich through improper channels • To prevent the Government Servant from aligning against the Government or exercising undue influence or duress • To prevent a GS from conferring undue benefit to his friends and relatives by using his official position
CCS (CONDUCT) RULES-1964 • Rule-3(1)(i) • Maintaining absolute integrity • Rule-3(1)(ii) • Maintaining devotion to duty • Rule-3(1)(iii) • Do nothing which is unbecoming of Govt Servant
CCS (CONDUCT) RULES-1964…. • ACTS OF UNBECOMING OF GOVT. SERVANT • Joining educational institutions without permission • Arrest or conviction not informed • Failure in maintenance of family • Untouchability • Religious bias • Playing cards • Acceptances of BAKSHISH • Failure to vacate quarter
CCS (CONDUCT) RULES-1964…. • ACTS OF UNBECOMING OF GOVT. SERVANT…. • Discourteouos behaviour with public • Abnormal delay to the official reference • Non-maintenance of office decorum
CCS (CONDUCT) RULES-1964…. • Rule-3(2) (i) • Supervisor to ensure integrity and devotion to duty for subordinates • Rule-3(2) (ii) • Govt. servant to act in his best judgement in performance of his duty or exercising powers • Rule-3 (2) (iii) • Orders to subordinate shall be in writing or if unavoidable, immediately to be confirmed in writing
CCS (CONDUCT) RULES-1964…. • Rule-3 (2) (iv) • Govt. servant to get the oral orders confirmed from the superior in writing • Rule-3 (A) • Promptness and courtesy in performance of official duties • Rule-3 (B) • Observance of Govt. policies at all time
CCS (CONDUCT) RULES-1964…. • Rule-3 (C) • Prohibition of sexual harassment against working woman • Physical contact and advances • Demand or request of sexual favour • Sexually coloured remarks • Showing any pornography • Any other unwelcome physical, verbal or non-verbal conduct of sexual nature • Rule-4 • Employment of near relative to be informed
CCS (CONDUCT) RULES-1964…. • Rule-5 • Politics and Elections • Should be impartial • Not exhibit any badge either on person or vehicle • Not to take part in executive committee meetings • Not to attend particular party meeting daily (No inclination towards any particular party to be shown at any time) • Not to take part in procession • Not to contest or canvas in the election
CCS (CONDUCT) RULES-1964…. • Rule-6 • Not to join any association whose object is prejudicial to the interest of sovereignty, integrity of India or public order or morality • Rule-7 • Not to participate in strike • Rule-8 • Not to publish anything or talk with media without prior permission
CCS (CONDUCT) RULES-1964…. • Rule-9 • Not to criticize the Govt. • Rule-10 • Giving evidence before committee / commission appointed by Govt. • Rule-10 • Maintaining official secrecy • Rule-12 • Not to raise any fund
CCS (CONDUCT) RULES-1964…. • Rule-10 • Acceptance of Gift
CCS (CONDUCT) RULES-1964…. • Rule-13 (A) • Not to accept dowry • Rule-14 • No public demonstration by Govt. Servant • Rule-15 • No private trade or employment • Rule-15(A(1) • Not to sublet the Govt. accommodation • Rule-15(A)(2) • Not to vacate accommodation within time limit
CCS (CONDUCT) RULES-1964…. • Rule-16(1) • Not to speculate in stock, shares • Rule-16(2) • Lending or borrowing is prohibited • Rule-17 • Avoiding insolvency or habitual indebtness • Rule-18 • Prior permission for acquiring / disposal of property
CCS (CONDUCT) RULES-1964…. • Rule-18(A) • No transaction in foreign country • Rule-19 • No vindication of act without prior permission through court of law or Press • Rule-20 • No political influence in official matter • Rule-21(a) • Regarding bigamous marriage
CCS (CONDUCT) RULES-1964…. • Rule-22 • Intoxication is prohibited
Powers of Disciplinary Authority • Penalties • a. Minor Penalties • (i) Censure • (ii) Withholding of Promotion • (iii) Recovery from his pay of the whole or part of any pecuniary loss caused by him to the Govt. by negligence or breach of orders. • (iii)(a) Reduction to a lower stage in time scale of pay for a period not exceeding three years without cumulative effect and not adversely affecting his pension.
Powers of Disciplinary Authority…. • Penalties • a. Minor Penalties…. • (iv) Withholding of increment of pay. • A compilation of Major penalties are also listed below for you to know the difference between Rule 16 iii(a)
Powers of Disciplinary Authority…. • b. Major Penalties • (v) Reduction to a lower stage in the time scale of pay other than (iii) (a) • (vi) Reduction to lower time scale of pay, grade, post or scale. • (vii) Compulsory Retirement. • (viii) Removal from service which shall not disqualify for future employment under Govt. • (ix) Dismissal from service which shall ordinarily be a disqualification for future employment under the Govt
Powers of Disciplinary Authority…. • Note: Penalties (i) to (iv) can be imposed after carrying out procedure under Rule-16 of CCS (CCA) Rules, 1965 • Penalties (v) to (ix) can be imposed after carrying out procedure under Rule-14 of CCS (CCA) Rules, 1965.
Major Penalty action recommended in following cases • Possession of disproportionate assets • Illegal gratification • Misappropriation of Govt. property, money • Falsification of Govt. records • Gross irregularity or negligence with dishonest motives • Disclosure of secret or confidential information • False claims on Govt. - TA, reimbursement
MEANING AND EFFECT OF SUSPENSION • Executive action • To keep a Govt. servant temporarily out of duty pending final action • It is not an end of service of a Government Servant • It is not a punishment • Master and servant relationship will continue • Conduct Rules will still apply • Prohibited from taking up other employment, business or profession
Who can Suspend? • Appointing Authority • Any authority to which Appointing Authority is subordinate • Disciplinary Authority • Any other authority empowered by the President
CIRCUMSTANCES JUSTIFYING SUSPENSION • Disciplinary proceeding is contemplated or pending • Criminal offence is under investigation, inquiry or trial • Involved in activities prejudicial to the interest of the security of the state • Prima facie case has been made out for departmental proceedings • Moral turpitude is involve
CIRCUMSTANCES NOT JUSTIFYING SUSPENSION • For petty offences unrelated to morality or duties • Absent from duty and overstayed of leave
ACTS WHERE SUSPENSION IS DESIRABLE • Corruption • Misappropriation of Govt. money • Possession of disproportionate assets • Misuse of official powers for personal gain • Serious negligence resulting considerable loss to Govt. • Non-devotion to duty • Refusal to carry out written orders by Supervisor • Involvement of moral turpitude
DEEMED SUSPENSION • Detained in custody exceeding 48 hours • Conviction beyond 48 hours • Penalty of dismissal, removal or compulsory retirement has been set aside in appeal, revision. • Penalty of dismissal, removal or compulsory retirement is set aside by court of law on technical grounds or fresh material was not available before it during proceedings.
ORDER OF SUSPENSION & ITS EFFECT • Must be in writing • In deemed suspension takes effect automatically without a formal order but is desirable on administrative ground • Actual or subsequent date but not retrospectively
END OF SUSPENSION • When revoked • On compulsory retirement, dismissal or removal • On acquittal / discharge