Important Provisions of CCS (CCA) Rules, 1965

Rule 10 - SuspensionSuspension is done by the appointing

authority or any other authority empowered to do so

Suspension of a Govt. servant may be done when-

(a) Disciplinary proceedings are contemplated(b) Where he has engaged himself in activities

prejudicial to the interest of the State(c) Where a criminal case is registered against

him which is under investigation or trial

Contd..Govt. servant is deemed to have been placed

under suspension (a) w.e.f. his detention in custody, whether on

criminal charge or otherwise for a period exceeding 48 hours

(b) w.e.f. from his date of conviction if he is sentenced to a term of imprisonment exceeding 48 hrs.

Contd..

Where a penalty of dismissal, removal or compulsory retirement is set aside in appeal etc & the case is remitted for further enquiry- the order for suspension shall be deemed to have been continued in force from the date of the original order of dismissal, removal or compulsory retirement & shall remain in force untill further orders

Where a penalty of dismissal, removal or compulsory retirement is set aside or declared null & void by Court of Law & the Disciplinary Authority decides to hold further enquiry, then he is deemed to have been placed under suspension from the date of the original order of dismisal, removal or compulsory retirement & shall remain in force untill further orders

However, no inquiry will be ordered unless the Court has passed an order purely on technical grounds without going into the merits of the case.

Contd..An order of suspension made or deemed to have been

made shall continue to remain in force unless it is modified or revoked by the Competent Authority.

The order shall be valid for 90 days & has to be modified or revoked before that period.

Extention of suspension period cannot be more than 180 days at a time.

Rule 11 - PenaltiesMinor Penalties

1. Censure2. Witholding of promotion3. Recovery from pay of the whole or part any pecuniary

loss caused to the Government4. Reduction to a lower stage in the time scale of pay by

one stage for a period not exceeding three years without cumulative effect & not adversaly affecting the pension

Rule 11 - PenaltiesMajor Penalties1. Reduction to a lower stage in the time scale of pay for

a specified period with further directions as to whether the Govt. servant will earn increments of pay or not during the period of reduction & whether on expiry of the period, the reduction will or will not have the effect of postponing the future increments of pay

2. Reduction to a lower stage in the time scale of pay, grade, post or service for a period.

Rule 11 - PenaltiesMajor Penalties Contd..3. Compulsory Retirement.4. Removal from service which shall not be a

disqualification for future employment in Govt. service5. Dismissal from service which shall ordinarily be a

disqualification for future employment in Govt. service

In case of Disproportinate Assets or illegal gratification is proved, penalty No. 4 & 5 would be imposed.

Rule 14 – Procedure of imposing penalties1. A memorandum of charge is served upon the charged

official which contains four annexures2. The charged official submits his written statement of

his defence.3. In case, the charges are denied, inquiry is to be

conducted.4. I.A./ P.O. is appointed.5. Inquiry is conducted by the I.A. and report submitted

to the Disciplinary Authority.

Rule 15 – Action on Inquiry ReportIf the Disciplinary Authority feels that the inquiry is to be remitted,

it shall do so to the Inquiring Authority specifying the stage from where the inquiry is to be done.

If the Inquiry Report does not proves the charges and the Disciplinary Authority accepts it, the final orders are passed and a copy of the Report is provided to the Charged Official along with the final orders.

If the Inquiry Report proves the charges and the Disciplinary Authority accepts the same, a copy of the same is provided to the Charged Official for his representation.

After receiving the representation, final orders are passed by the Disciplinary Authority and penalty as deemd fit is imposed.

Rule 16 – Procedure for imposing Minor PenaltyA statement of imputation is served upon the charged

official for his representation.After receiving the same, the Disciplinary Authority

passes the final order

Normally, no inquiry is done in Rule 16.

Rule 18 – Common ProceedingsWhere two or more Government servants are concerned

in any case, an order may be issued directing that disciplinary action against all of them may be taken in common proceeding.

Rule 19 – Special Procedure in certain cases1. Where any penalty is imposed on a Govt. servant on

the grounds of conduct which has led to his conviction on a criminal charge

2. Where the Disciplinary Authority is satisfied that it is not reasonably practical to hold an inquiry under these Rules

3. Where the President is satisfied that in the interest of the security of the State, it is not expedient to hold any inquiry

Rule 22, 23 & 24These are Rules related to appeals.Rule 22 specifies orders against whom the appeal cannot

be filedRule 23 specifies orders against whom the appeal can be

filed.Rule 24 relates to the Appellate Authorities.

Rule 25 – Period of Limitation of appealsThe appeal needs to be filed within a period of 45 days

from the date on which a copy of order appealed against is delivered to the appellant.

Appellate Authority may entertain the appeal after the expiry of the said period, if it is satisfied by the reasons provided by the appellant for delay in filing the appeal.

Rule 26 – Form & contents of appealEvery person preferring an appeal shall do so separately

and in his own nameThe appeal shall be presented to the Appellate Authority

with a copy to the Authority who made the order against which the appeal is preferred.

The comments shall be forwarded by the Authority along with the records to the Appellate Authority.

Rule 27 – Consideration of AppealThe Appellate Authority may confirm or revoke the

suspension order on the basis of merits of the case & appeal

In case of appeal against penalty order, the Appellate Authority may confirm, enhance, reduce or set aside the penalty imposed.

However, if the Appellate Authority wishes to enhance the penalty, it shall do so only after a reasonable opportunity has been provided to the appellant by way of submitting a representation.

Rule 28 – Implementing orders in appealThe authority which made the order appealed against

shall give effect to the orders passed by the Appellate Authority.

Rule 29 - RevisionThe Appellate Authority may at any time, either on his own or otherwise

call for the records of any inquiry or any other order and may revise (a) confirm, modify or set aside the order(b) confirm, reduce, enhance or set aside the penalty imposed by the

order, or impose any penalty where no penalty has been imposed(c) remit the case to the authority to make further inquiry as it may

consider proper(d) pass any other order as deemed fit

However, if the Appellate Authority wishes to enhance the penalty, it shall do so only after a reasonable opportunity has been provided to the appellant by way of submitting a representation.

Rule 29A - ReviewThe President may, at any time, either on his own motion

or otherwise review any order passed under these rules, when any new material or evidence which could not be produced or was not available at the time of passing the order and which has the effect of changing the nature of the case, has come, or has been brought, to his notice:

However, if the Appellate Authority wishes to enhance the penalty, it shall do so only after a reasonable opportunity has been provided to the appellant by way of submitting a representation.

ThanksPravir Jain

Asstt. Director (Trg.)UTCS