CCS (CCA) Rules 1965

Compiled by postalkatta
Join our postal telegram channel
Goto>Telegram app>Search Keyword>@postalkatta

Appointing Authority

1. Appointing authority is an authority who issues the appointment order

of an employee or on whose behalf the appointment order is issued. He
is, in short, empowered to make appointments to the service or post to
which you belong.

2. For all Group-A officers and above, the Appointing authority is the
President.

3. For Group- B, Group- C and Group- D services and posts, appointments

are made by the authorities specified in the schedule.

Disciplinary Authority

4. It is an authority competent to impose on a Government servant any of

the penalties specified in Rule 11. As a general rule, the Appointing
authority can impose all the penalties.

5. The Postmaster in HSG I can impose the penalty of ‘Censure’ on a Postal

Assistant. So, the Postmaster is a Disciplinary authority of the Postal
Assistant.

6. As the Appointing authority can impose on a Government servant any of

the penalties specified in Rule 11, he is also a Disciplinary authority.
Suspension

7. The following authorities can place a Government servant under

suspension:

1. The Appointing authority

2. Any authority to which the Appointing authority is

subordinate

3. The Disciplinary authority

4. Any authority empowered by the President (ad-hoc

disciplinary authority)
 Suspension is not a penalty.

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

When a Government servant can be suspended:

(1) When a disciplinary case is contemplated

(2) When a disciplinary case is pending
(3) When a criminal case is under investigation
(4) When a criminal case is under trial in a court
(5) When he has engaged himself in activities prejudicial to the interest of
the security of the State.

When the order of suspension is made by an authority lower than the

appointing authority, the former shall immediately report to the Appointing
authority the circumstances in which the order was made.

DEEMED SUSPENSION

A Government servant shall be deemed to have been placed under suspension by

an order issued by the Appointing authority in the following circumstances:

(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.

(2) If he is convicted and sentenced to a term of imprisonment exceeding

forty eight hours ( In case he is dismissed, removed, or compulsorily
retired immediately, no order of suspension is required). The
 suspension shall be effective from the date of his conviction. The period
of forty eight hours will be computed from the commencement of the
imprisonment after the conviction.

(3) When a penalty of Dismissal, Removal or Compulsory Retirement from

service imposed upon a Government servant under suspension is set
aside in appeal or on review, and the case is remitted to the Disciplinary
authority for de-novo proceedings. He shall be deemed to have been
placed under suspension from the date of the original order of
Dismissal, Removal, or Compulsory Retirement.

(4) When a penalty of Dismissal, Removal, or Compulsory Retirement from

service imposed upon a Government servant is set aside by a court of
law on technical grounds without going into the merits of the case, and
the Disciplinary authority decides to hold a further inquiry against him.
The Government servant shall be deemed to have been placed under
suspension from the date of the original order of Dismissal, Removal, or
Compulsory retirement.

AD-HOC DISCIPLINARY AUTHORITY

1. For Departmental employees, ad-hoc disciplinary authority is appointed by

the President. For GDS employees, by the CPMG/PMG.

2. When appointment of such authority necessary:

(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.

(2)If an official is appointed by a Supdt of Post Offices, who is in Group B,

but confirmed in the post by a Sr.Supdt of Post Offices in Group A Senior
Timescale, only a Group A Senior Time scale officer can impose one of
the major penalties on him.
 (3)An Appellate authority or an authority higher than the Appointing
authority cannot exercise any concurrent original disciplinary
jurisdiction, ie, cannot initiate disciplinary action against a Government
servant. Such authorities are also forbidden to issue any direction in
regard to the penalty to be imposed.

(4)The President can impose any of the penalties on any Government

servant.

PROCEDURE FOR IMPOSITION OF MINOR PENALTIES.

Rlule-16

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.

(2) Inquiry under Rule 16(1)(b) is obligatory if it is proposed (1) to

withhold increments of pay which is likely to affect adversely the
amount of pension payable to the Government servant, or (2) to
withhold increments of pay for a period exceeding 3 years, or (3) to
withhold increments of pay with cumulative effect for any period.

(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.

Common Proceedings (Rule-18)

 1. Where two or more Government Servants are involved in a case,
disciplinary action may be taken against them in a common
proceeding, instead of individual proceedings.

2. The President may issue an order for common proceeding, or any

other authority competent to impose the penalty of Dismissal from
service on all such Government servants may issue the orders.
Suppose, a Postman, a Postal Assistant and an LSG SPM are involved
in a case of payment of bogus money orders. The Sr. Supdt of Post
Offices/Supdt of Post Offices, who is competent to impose the
penalty of Dismissal on all the above employees, may issue an order
for common proceeding.

3. If the authorities competent to impose the penalty of Dismissal on

the Government servants involved are different, an order for a
common proceeding may be issued by the highest of such
authorities. For example, if in the case of payment of bogus money
orders cited in para 2 above a BCR official is also involved, there will
be two authorities competent to impose the penalty of Dismissal on
the Government Servants, namely, Sr. Supdt/Supdt, and DPS( on BCR
official). So, DPS will issue an order directing that disciplinary action
may be taken in a common proceeding. But, before issue of such an
order he shall take the written consent of the the Sr. Supdt /Supdt.

4. The order shall specify:

(i) the authority which will function as the Disciplinary authority

(ii) the penalties which such Disciplinary authority shall be competent to
impose.
(iii) Whether the procedure laid down in Rule 14 and Rule 15, or Rule 16
shall be followed in the proceeding.

PROCEDURE FOR IMPOSITION OF MAJOR PENALTIES Rules-

14 and 15
1. No major penalty can generally be imposed on a Government servant
without holding an inquiry. The inquiry procedures are prescribed
in Rules 14 and 15.
Rule-14
2. The Disciplinary proceeding starts with the issue of a chargesheet.
The chargesheet must contain the following:

(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.

3. On receipt of the chargesheet, the Government servant submits

within the specified time a written statement of his defence and
states whether he desires to be heard in person.

4. If all the articles of charge are admitted, the Disciplinary authority

records his finding on each article of charge and awards the penalty.

5. If no written statement of defence is submitted by the Government

servant or the articles of charge are not admitted, the Disciplinary
authority may himself inquire into the charges, or appoint an
Inquiring authority to conduct the inquiry. (Only under special
circumstances should the Disciplinary authority function as the
Inquiring authority, for example, as in small field units where it is
difficult to find a qualified official to work as Inquiring Authority).
He may also appoint a Government servant or a legal practitioner as
the Presenting officer to present the case in support of the articles of
charge.

6. The Disciplinary authority may forward to the Inquiring authority,

the following:

(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

(iii) a copy of the statements of witnesses, if any,

(iv) evidence proving the delivery of the chargesheet to the

Government servant

(v) a copy of the order appointing the Presenting Officer.

7. The Inquiring authority sends a notice to the charged official asking

him (i) to present himself for a preliminary hearing at a particular
place, on a particular date and (2) to intimate the name of his
Defence assistant.

8. The Government servant may take the assistance of any other

Government servant working at the headquarters of the former, or
at the place where the inquiry is held. (In special circumstances, the
Inquiring authority can allow a Government servant posted at any
other station to function as the Defence assistant, after recording the
 reasons in writing). He can also take the assistance of a retired
Government servant.

9. The Inquiring authority asks the Government servant in the

preliminary sitting, if he is guilty or has any defence to make. In case
he pleads guilty, the Inquiring authority records it under his
signature, and gets it signed by the Government servant. The
Inquiring authority then records a finding of guilt and sends a report
to the Disciplinary authority.

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.

13. On conclusion of the Government servant’s case, the Inquiring

authority may question him on the circumstances appearing against
him in the evidence.

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.

16. The Inquiry report shall contain:

(a) the articles of charge and the statement of the imputations of

misconduct or misbehaviour

(b) the defence of the Government servant in respect of each article of

charge

(c) an assessment of the evidence in respect of each article of charge

 (d) the findings on each article of charge with reasons.

17. The Inquiring authority forwards the records of inquiry to the

Disciplinary authority. These include:

(a) the inquiry report

(b) the written statement of defence, if any, submitted by the

Government servant

(c) the oral and documentary evidence produced in the inquiry

(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

18. The Disciplinary authority examines the inquiry report, and

forwards a copy of the report to the Government servant asking him
to submit his representation in writing within 15 days. (If the
Disciplinary authority does not agree with the findings of the
Inquiring authority on any article of charge, the former should
record the reasons for his disagreement and communicate them to
the Government servant along with the copy of the inquiry report)

19. After taking into consideration the written representation of the

Government servant and the other records of inquiry, the
Disciplinary authority records his findings on each article of charge,
and records a self-contained and reasoned order imposing one of the
penalties or exonerating the Government servant.

20. The order is communicated to the Government servant by registered

A.D. Post.
Note:
1. If the Presenting Officer is a legal practitioner, the Government Servant
(GS) may also engage a legal practitioner. In special circumstances,
considering the complex nature of the case, the Disciplinary authority
can allow the GS to engage a legal practitioner. If the presenting officer
is from the CBI, there is sufficient reason to allow the GS to engage a
legal practitioner.

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.

4. A retired Government servant can also work as AGS. He can take up 5

cases at a time.

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.

6. The IA shall question the GS on the circumstances appearing against

him in the evidence if the GS has not examined himself, to enable the
GS to state his position. This will be done after the GS closes his case.

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)

8. If a Disciplinary Authority (DA) is not competent to impose one of the

major penalties on the GS, and is of the opinion that one such penalty
should be imposed, he shall forward the records of the inquiry to the
higher DA who is competent to impose major penalties on the GS.

9. If a new IA is appointed in the middle of a proceeding, he may, if he

considers it necessary, recall, examine, cross-examine and re-examine
any witnesses, whose evidence has already been recorded. Otherwise,
he may act on the evidence recorded by his predecessor.

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.

12. After considering the written statement of defence submitted by the

accused GS, the DA may drop the charges. However, in cases arising out
 of CBI investigation, the CBI should be consulted before taking a
decision to dorp any of the charges. The CVC also should be consulted if
its advice was sought before initiating disciplinary proceedings.

13. Inquiry is mandatory if charge is not accepted by the GS. Disciplinary

proceedings initiated under Rule-14 cannot be closed by imposing one
of the minor penalties after due consideration of the written statement
of defence.

14. In ex parte proceedings, the entire process of the inquiry has to be

gone through. The notices of all hearings should be served on the
accused unless the first notice says that the inquiry will continue from
day to day. The notices to witnesses should be sent, the documentary
evidence should be produced and marked, the PO should examine the
prosecution witnesses, etc. The IA should record the reasons why he
has decided to hold an ex parte inquiry, as also what steps he has taken
to make the GS participate in the inquiry.

15. An ex parte inquiry is justified when the GS remains absent without

any authority. In such a case, the GS should not be placed under
suspension. If the GS is under suspension, and he disappears and
cannot be contacted at his last known address, the suspension order
should be revoked, and ex parte inquiry ordered.

16. The IA should be senior in rank to the accused GS.

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).

18. The GS can submit a representation against the appointment of I.O. on

the grounds of bias. It should normally be done immediately after
appointment of the IO by the DA. If the DA rejects the representation,
the GS can represent to the reviewing authority, that is the appellate
authority for review of the case. On receipt of such representation, the
IO should stay the disciplinary proceedings and forward the
representation to the reviewing authority. The reviewing authority’s
decision shall be final. If on subsequent occasions such representations
are received, the disciplinary proceedings will not be stayed.

19. If the request of the GS to engage an AGS (Defence Assistant) posted at

another station is turned down by the IO, the GS can represent to the
DA whose decision in the matter will be final. No appeal lies against
that order.

20. A GS who is under suspension can function as AGS for another GS.

21. A retired GS can function as AGS under the following conditions:

 (1) he should have retired from service under the Central
Government
(2) if he is a legal practitioner, the restrictions on engaging a legal
practitioner by the accused GS will apply
(3) he should not have been associated with the case in his official
capacity when he was in service
(4) he should not have more than 5 cases on hand.

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.

24. If a GS refuses to appear as a witness in a departmental inquiry against

another GS, disciplinary action may be initiated against him.

25. Cases relating to Dismissal, Removal, Compulsory Retirement and

Reduction in rank of senior officers in Group-A, who are appointed by
the ACC (Appointments Committee of the Cabinet) are required to be
submitted to the Prime Minister and the President.

26. If a GS under suspension is not able to attend the inquiry because of

non payment of Subsistence Allowance (SA), the inquiry conducted
against him ex parte will be interpreted as denial of reasonable
opportunity of defending himself.

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.

28. The past bad record of service of an accused GS can be considered

while deciding the penalty, provided previous bad record of service,
punishments, etc was a specific charge in the chargesheet itself.
In other cases, no mention should be made of such bad record of
service in the final order.

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.

30. An order of Dismissal, Removal, or Compulsory retirement cannot be

given effect to with retrospective effect. Such an order will take effect
only from the date of issue of the order.

31. Disciplinary proceedings come to an end on the death of the accused

GS, whether it is initiated under the CCS (CCA) Rules or CCS (Pension)
Rules.

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.

33. No disciplinary proceedings can be closed without sending an

intimation to the accused GS.

34. Disciplinary proceedings against an employee who has been

dismissed, removed, or compulsory retired in another disciplinary
case will stand suspended. If the employee is reinstated in service, the
proceedings should be revived.

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.

36. In case of appointments made on the basis of selection, the authority

which makes the actual appointment and not the authority which
made the selection will be the appointing authority.

37. A penalty imposed by an authority who is not competent is defective.

Any subsequent confirmation of such an order by the competent
authority will not make it valid. The competent authority will have to
start fresh proceedings.

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.

39. If the GS evades acceptance of the chargesheet or refuses to accept the

registered cover containing the same, the chargesheet will be deemed
to have been delivered on him, as refusal of a registered letter
normally amounts to proper service of its contents.
 40. If it is not possible to trace the GS and serve the charges on him, the
Disciplinary authority may resort to action under Rule-19 (ii) and
finalize the proceedings after dispensing with the inquiry.

41. The inquiry should not be entrusted to an officer who held a

preliminary inquiry and expressed a definite opinion on the
allegations, especially, where such opinion is adverse to the accused
GS.

42. The DA should not normally appoint an officer who is directly

subordinate to him as the IO.

43. The IO should not summon the following documents as additional

documents: -

1) Report of preliminary enquiry/investigation.

2) File dealing with the disciplinary case of the GS
3) Advice of the Central Vigilance Commission (CVC)
4) Advice of the Ministry of Law.

44. Leading questions (questions suggesting their answers) are not

allowed in examination-in-chief, and re-examination. But they are
permissible in cross-examination.

45. The accused GS cannot be forced to give evidence. But if he offers

himself as his own witness, he can be examined by the AGS and cross-
examined by the P.O.

46. The standard of proof required in a departmental inquiry is that of

preponderance of probability, and not proof beyond reasonable doubt
as in a criminal trial.

Special Procedure in certain cases (Rule 19)

1. The procedure prescribed under Rules 14 and 15 and Rule 16 can be
done away with in the following cases:

(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.

2. The Disciplinary authority may consider the circumstances of the case,

and impose any of the penalties. However, in cases of the type cited in
(ii) above, the Disciplinary authority shall record reasons in writing. In
 cases of the type cited in (i) above, the Government servant may be given
an opportunity of making representation on the penalty proposed to be
imposed before imposition of the penalty.

NOTE:

(I). It is the duty of a Government Servant (G.S.) to communicate to his official

superiors the fact of his conviction. Failing to do so will invite disciplinary
action, as it amounts to suppression of material information.

(II). If a GS is convicted on a criminal charge and the Disciplinary authority

decides to issue an order imposing a penalty, there is no need to wait for the
period of filing an appeal by the GS. If the GS has already filed an appeal,
there is no need to wait for its outcome. Penalty can be imposed in either
case. However, the UPSC should be consulted, where necessary.

(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.

(IV). If a GS has been convicted on the ground of moral turpitude (depravity,

wickedness), there is justification for imposition of one of the three extreme
penalties, namely, Dismissal, Removal or Compulsory retirement. In all
other cases, the DA should go through the judgement in its entirety and
impose a penalty commensurate with the gravity of the offence. The penalty
should not be out of proportion to the offence committed.

(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.

2. A conviction under Section-39(e) of the Army Act, 1950, should be

treated as conviction on a criminal charge for the purpose of
action under Rule-19(i) of the CCS (CCA) Rules, 1965.

3. Dismissal from miliary service of a person holding a lien on a

permanent civil post will not automatically result in dismissal
from the civil appointment. From the moment such a person is
dismissed from military service, he is to be treated as
automatically reverted to his permanent civil post. The competent
authority will then decide the question of disciplinary action
against him. The official can be kept under suspension also.
(The military authorities give prior intimation to the civilian
authorities in all such cases).

4. If the GS, who is convicted by a lower court, is acquitted by a

higher Court, the penalty imposed on him on the basis of
conviction has to be set aside. The DA will obtain a copy of the
judgement and examine it to decide (1) whether the acquittal
should be challenged in a still higher court, (2) whether there is
any scope for departmental action against the GS. If it is decided
to go in for an appeal in a higher court, the penalty imposed shall
not be set aside. If it is decided to hold a departmental inquiry, the
order of penalty will be set aside, and departmental inquiry will
be ordered.

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.

17. The following action may be taken in case of an absconding official.

A certificate should be obtained from the police to the effect that
the whereabouts of the official are not known, and kept in the file.
A brief statement of allegations and charges should be prepared
and kept in the file. The DA himself should record on the file that
the whereabouts of the official are not known, and that the police
have also certified to that effect, and therefore, it is not reasonably
practicable to hold an inquiry under Rule-14 of the CCS (CCA)
Rules, 1965. The DA can then take action under Rule-19(ii) of the
CCS (CCA) Rules. The punishment imposed should be either
Dismissal or Removal from service.
Appeal
1. No appeal lies against the following orders: [Rule-22]

(1) any order made by the President

(2) any order of an interlocutory nature (provisional order) or of
the nature of a step-in-aid of the final disposal of a disciplinary
proceeding, other than an order of suspension.
(3) Any order passed by an IA in the course of an inquiry under
Rule-14.

(However, there is special provision for appeal against the

decision of the I.O. rejecting engagement of an AGS from

another station. Vide para 19 on page 9)

2.The following orders can be appealed against:-[ Rule –23]

(1) an order of suspension(including deemed suspension)

(2) an order imposing a penalty by the DA, Appellate authority or

revising authority.

(3) an order enhancing the penalty

(4) an order which affects pay, allowances, pension, etc. adversely

(5) an order reverting a GS from a higher post service ,etc., while

officiating
 (6) an order determining the subsistance allowance and other

allowances of the GS

(7) an order regularising the period of suspension or

unemployment

(8) an order determining the pay and allowances of the GS during

the

period of suspension or unemployment.

NOTE 1. An appeal can be preferred under Rule –23 (iv) of the

CCS(CCA) Rules (ie. 2(4) above) if a GS has been
superseded in promotion.

2. A GS can request for withdrawal of his appeal or petition after

submission. But it is open to the competent authority to accept
or refuse to accept the request. If in a case there is justification
for enhancement of the penalty, the competent authority may
refuse to allow withdrawal of the appeal or petition.

Appellate Authority [Rule 24]

(1) The appellate authority of a GS is generally prescribed in the

Schedule of Appointing, Disciplinary and Appellate authorities.
The latest schedule issued by the Department is dated
27.8.1990. Sometimes, a general or special order issued by the
President specifies the Appellate authorities. If no such
authority is prescribed, the Appellate authority is decided as
follows:

(A) In case of Group A and Group B (class I and Class II officers)

(1) the Appointing authority if the order appealed

against (penalty, suspension, etc) is made by an
authority subordinate to it.
(2) to the President where such order is made by any
other authority.

(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.

2. (1)_An appeal against an order issued in a common

proceeding by the DA will lie to the authority to which
the DA is immediately subordinate. (except in cases at I
(A) (2) above, where the President will be the
Appellate authority).

(2) If the DA becomes by virtue of his promotion the

Appellate authority, the appeal will lie to the authority
to which the Appellate authority is subordinate. (The
SSP imposed a penalty on a PA, and was subsequently
promoted as DPS, then the appeal will lie to the PMG).

(3) If a GS is punished for his activities connected with his

work directly or indirectly as an office-bearer of an
association, federation or union, which is a member of
the Joint Consultation and Compulsory Arbitration
Scheme, he can appeal to the President, if the penalty
was imposed by an authority other than the President.
All such appeals will be placed before the Minister for
final orders.

NOTE 1. The Appellate authority of a GS is decided with reference to the

authority who imposed the penalty appealed against.
Subsequent transfer of the GS to another division, region, or
office will not be a material consideration for the purpose. If
SRM BG-Dn. imposed a penalty on an SA, and subsequently the
SA was transferred to N-division, the appeal will lie to DPS
Berhampur, and not DPS(HQ).

2. A higher authority who has directed the DA to suspend a

GS can
function as the Appellate authority, as the direction does
not amount to an expression of opinion in the
disciplinary proceedings against the G.S.

3. The period of limitation of appeal is 45 days from the date on

which a copy of the order appealed against is delivered to the
 appellant. However, the Appellate authority can condone delay
if sufficient reason for the delay is given in the appeal. On
direction from the Courts and Tribunals also, the Appellate
authority can waive the delay, and consider an appeal.

4.The appeal is submitted through proper channel, but

addressed to the correct Appellate authority. The appeal
shall not contain any disrespectful or improper language.

5.There is no provision for withholding of appeal by the DA.

The appeal should be forwarded to the Appellate
authority within 45 days from the date of receipt of the
appeal. Petitions, memorials, etc, should be forwarded to
the proper authorities within 60 days.

Consideration of Appeal [Rule-27]

1. If the appeal is against an order of suspension, the

Appellate authority shall consider if the order is justified
or not , and confirm or revoke the order.

2. If the appeal is against an order imposing a penalty or

enhancing a penalty, the Appellate authority shall
examine the appeal to see if the procedure laid down in
the rules has been complied with or not, whether such
non-compliance has resulted in the violation of any
constitutional provisions, if the findings of the DA are
warranted, and if the penalty is adequate, inadequate or
severe. He will then pass an order.

The appellate authority can pass orders:

(i) Confirming, enhancing, reducing, or setting

aside the penalty

Or

(ii) remitting the case back to the authority who

imposed the penalty with such direction as it
may deem fit (eg: with a direction for de novo
proceedings).

4. Suppose the appellate authority proposes to

enhance the penalty to one of the major penalties. But no
inquiry under Rule-14 has been held in the case, that is,
 the appellant was chargesheeted under Rule 16. In that
case, the Appellate authority himself shall hold an inquiry
or direct the D.A. to hold such inquiry under Rule 14.
After considering the proceedings of the inquiry, the
Appellate authority may pass orders.

5. Suppose in the above case, an inquiry under Rule

14 had already been held, and a minor penalty imposed
by the DA. The Appellate authority wants to enhance the
penalty to one of the major penalties. In that case, the
appellant has to be given a reasonable opportunity of
making a representation against the proposed penalty
before passing the final order imposing a major penalty.

6. No order imposing an enhanced penalty shall be

made in any other case without giving the appellant a
reasonable opportunity of making a representation
against such enhanced penalty.( eg: enhancing the
penalty of censure to withholding of increment; that of
Compulsory Retirement to Dismissal)

NOTE

1. The appellate work can be redistributed among

officers of equivalent rank, if a large number of
appeals are pending. The Appellate authority has to
send a detailed statement of appeals pending disposal
for over a month to the next higher authority for
review. If the Appellate authority is the President, the
statement should be sent to the Secretary of the
Department.

2. The Appellate authority should issue a self-contained,

speaking and reasoned order. All the points raised by
the appellant should be summarized in the order and
be logically discussed.

3. In major penalty cases, the Appellate authority may

grant a personal hearing to the appellant, though the
principle of right to personal hearing applicable to a
judicial trial even at the appellate stage is not
applicable to departmental inquires. The appellant
should make a specific request for a personal hearing
to the Appellate authority. The appellant is allowed to
take the assistance of a defence assistant or AGS also.

4. If the Appellate authority sets aside the penalty and

orders a de novo proceeding, the disciplinary
proceeding is deemed to have been quashed from the
 charge-sheet stage itself. This means, the DA will have
to issue a fresh charge-sheet, in which he is free to
include new charges also, provided they are based on
facts of the case as initially disclosed for taking
disciplinary action. However, the Appellate authority
can specify the stage of the disciplinary proceeding
from which the de novo inquiry will start, say for
example, from the stage of submission of brief by the
P.O.

5. The appellate order is implemented by the authority

who passed the order appealed against.

Revision and Review

Revision [Rule- 29]

1. The following authorities are empowered to revise an order:

(i) the President

(ii) the Comptroller and Auditor General ( for his staff)
(iii) the Member (Personnel), Postal Services Board
(iv) the Head of a Department directly under the Central
Government
(v) the Appellate authority (within 6 months of the date of
the order)
(vi) any other authority specified by the President by a
general or special order.

2. The above authorities can call for the records of any inquiry and
revise any order. They may:

(a) confirm, modify or set aside the order

(b) confirm, reduce, enhance or set aside the penalty imposed

(c ) impose any penalty where no penalty has been imposed

(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,

(i) No order imposing a penalty or enhancing a penalty shall be made without

giving the GS a reasonable opportunity of making a representation against
the penalty proposed.

(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.

5. No revision proceeding shall be commenced,

(i) if the period of limitation of appeal (45 days) is not over.

(ii) Till the disposal of the appeal, if an appeal has been preferred.

6. An application for revision submitted by the GS shall be treated as an appeal.

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.

(6) An appellate order replaces the punishment order. Accordingly, if an appellate

order is set aside, the punishment order also stands quashed. So, de novo
proceedings will have to be initiated from the very beginning.

REVIEW- [29- A]

Rule 29-A was introduced in August 1981 in pursuance of a judgment of the

Delhi High Court (in the case of Shri R.K.Gupta Vs. Union of India) in which the
High Court held that the power of the President under Rule 29 is in the nature of
‘revisionary’ power and not in the nature of reviewing one’s own orders. That is,
once the President has passed an order under Rule 29, he cannot change or cancel
his order under any circumstances, even if new facts in favour of a GS are brought
to his notice. The High Court also held that the President has power to review any
order under the CSS (CCA) Rules, 1965, including an order of exoneration.
 The judgment was interpreted to mean that the President could not exercise his
revisionary powers (under Rule 29) again in a case in which the power had already been
exercised by him after full consideration of the facts and circumstances of the case. But he
could review an order passed by him earlier in revision (under Rule 29) if some new facts
that could change the entire complexion nature of the case came to his notice later. So,
Rule 29 was amended to make it clear that the power available under the rule was the
power of revision, and not of review. Rule 29-A was added to enable the President to
review any order passed earlier, including an order passed by him in revision, when new
facts came to his notice.

The power of review under Rule 29-A is vested in the President only , and not in
any other authority.

Officers on Deputation to other Departments, State

Government , etc.
[Rule –20]

1. If an official of the Postal Department is on deputation to another Central Government

Department or a State Government (the “borrowing authority”), the borrowing
authority shall have the powers of the Appointing authority. That is, the borrowing
authority can place the GS under suspension and also initiate disciplinary proceedings
against him.

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]

1. Suppose, an officer is on deputation to the Department of Posts ( the “borrowing

authority”) from the State Government ( the “lending authority”). If the Department
suspends the officer or initiates disciplinary proceedings against him, it shall
forthwith inform the State Government of the circumstances leading to the suspension
or disciplinary proceeding.

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.

More about Penalties

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.

3. When disciplinary proceeding is initiated against a GS officiating in a higher post on ad

hoc basis, he may be reverted to his regular post if his appointment was against a
short-term vacancy or a leave vacancy, or if he has held the appointment for a period
 less than one year. If he has held the appointment for more than one year, he need not
be reverted.

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).

11. When a GS is reduced to a Lower Stage in a time–scale as a major penalty [ FR-

29(I)], the order should indicate:

(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.

12. Reduction to a Lower Stage in the time-scale cannot be ordered for an

unspecified period of time, or as a permanent measure.

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”

14. An order imposing a penalty of Reduction to a Lower Service, Grade or Post or to a

Lower time-scale [FR 29 (2)] should specify;
(1)the date from which it will take effect

(2)the period of reduction ( if the intention is not to reduce the GS

permanently or for an indefinite period)

(3) whether on re-promotion, the GS will regain his original seniority in

the higher service, grade, post or time-scale from which he was

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:

“Shri …. is reduced to the lower post/grade/service/time-scale of

……..(Postman/Mail Guard) until he is found fit by the competent authority

to be restored to the higher post/grade/service/ time-scale of …….(PA/SA)”.

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:

“Shri……. is reduced to the lower post/grade/service/time-scale of

………(postman/mail guard) until he is found fit, after a period of ……. years from the
date of this order, to be restored to the higher post of ……..(PA/SA”).

( 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.

24. If a GS is facing a disciplinary case or is under suspension, he may be allowed to take

departmental examinations, if he fulfils all other conditions. But he will be promoted
only after the disciplinary proceedings are over. If any penalty is imposed, the
Appointing authority will consider the case on merit and decide whether he should be
promoted or not. If it is decided to promote him, he should be promoted only after
expiry of the penalty. His seniority in the higher grade will be determined on the basis
of the rank in the examination.
25. If a GS is undergoing the penalty of Withholding of Increments or Reduction, he should
not be posted or transferred to another post where he will be getting a higher basic
pay than the pay in the existing post.

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.

More about Suspension

1. During suspension a GS cannot supplement his subsistence allowance by engaging

himself in any other employment, business, or profession.

2. The following guiding principles may be followed while placing a GS under

suspension.

(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.

3. Though in cases of deemed suspension the suspension is automatic, issue of a

formal order of suspension is necessary.

4. In case a GS has performed his duties on a particular day, suspension can be

effective from the subsequent day. If he is on leave, suspension should be given
effect to only after he returns from leave.

5. When a GS who is under suspension is acquitted in a criminal case, an order

from the competent authority is necessary to allow the GS to resume his duties.

6. Suspension cases should be reviewed periodically by the Disciplinary

authority. The first review is mandatory at the end of three months from the
date of suspension (see paras 29-31 below).

7. An order of suspension may be revoked in the following circumstances:

(1)When it is decided not to proceed against the GS under Rule 14 of the

CCS(CCA) Rules.
(2)When the final order passed is other than dismissal, removal or
compulsory retirement.
(3)When the GS is exonerated of the charges against him
(4)When the Appellate authority modified the order into one other than
dismissal, removal , or compulsory retirement;
(5)When it is decided not to file a charge-sheet in the court
(6)If the departmental appeal in a higher court against the acquittal of the
GS fails.

8. The headquarters of a GS under suspension can be changed by the competent

authority if the Government will not have to bear extra-expenditure like TA etc.
Also, the change of headquarters should not create difficulty in investigation,
inquiry, etc.

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.

13. FR 55 prohibits the grant of leave to a GS under suspension. So, it is obvious

that the GS cannot avail himself of the LTC facility. His family members can.

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.

15. If a GS under suspension attains the age of superannuation, he should be

provisionally pensioned off. He will be paid only provisional pension. No
retirement gratuity will be paid to him until the conclusion of the proceedings
against him. The competent authority may also withhold whole or part of cash
equivalent of earned leave, if there is likelihood of some money becoming
recoverable on conclusion of the proceedings.

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).

17. A GS under suspension or facing a disciplinary case or criminal case, will be

considered for promotion by the DPC. But the assessment and recommendation
of the DPC will be kept in a sealed cover. On conclusion of the disciplinary
proceeding or criminal prosecution, the sealed cover will be opened. If the GS
has been exonerated , and the DPC has recommended his promotion, he will be
promoted, even after reverting his juniors, if necessary. His promotion will be
notional, with reference to the date of promotion of his junior. The Appointing
authority will decide the question of arrears of pay and allowances between
the period of his notional promotion and actual promotion. If the disciplinary
proceedings have resulted in the imposition of any penalty including censure,
the recommendation of the DPC will be ignored.
18. Generally, an order revising the subsistence allowance of a GS is implemented
with immediate effect. However, the competent authority can give
retrospective effect to the order, after recording reasons in writing.

19. Payment of subsistence allowance is made only on production of a non-

employment certificate. If a GS has engaged himself in any business,
employment, etc. during the period between his
dismissal/removal/compulsory retirement and re-instatement, the amount of
subsistence allowance will be reduced by the income he earned during the
period. If his income is equal or more than the subsistence allowance, he will
not be paid anything.

20. A GS under suspension is entitled to draw DA and Interim relief on the

subsistence allowance. Drawal of HRA and CCA shall be regulated on the basis
of pay which he was in receipt on the date of suspension, subject to production
of the required certificates for drawal of these allowances beyond 120 days. If
the headquarters of a GS under suspension is changed in public interest, he will
get the allowances admissible at the new station.

21. The payment of subsistence allowance cannot be denied on any grounds

except when the GS fails to produce a non-employment certificate. If a GS under
suspension pleads his inability to attend the inquiry on account of financial
stringency caused by the non-payment of subsistence allowance, the
proceedings conducted against him ex-parte would be in violation of the
provisions of Article 311(2) of the constitution, as the GS did not receive a
reasonable opportunity of defending himself.

22. The following recoveries are compulsory from the subsistence allowance:

(1) Income tax, if payable

(2) House rent, charges of electricity, water, etc.
(3) Repayment of loans and advances
(4) CGHS contribution
(5) Contribution towards CGEIS 1977and CGEGIS, 1980

23. The following deductions are optional:

(1)PLI premia
(2)Amount due to Co-operative Societies
(3)Refund of GPF advances

24. The following deductions should not be made:-

(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.

3. Suppose , an inquiry is being held against a Group-C or Group-D employee, the

PMG is the authority competent to authorize the IA to exercise the powers
specified in para 2 above by a notification in the official gazette. The notification
is done generally on the basis of the proposal received from the IA justifying his
decision to summon a witness or call for a document or record. The PMG can also
exercise this power without getting any proposal from the IA, if he thinks it is
necessary to do so.

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.

Proceedings after Retirement

1. Departmental proceedings initiated while an officer was in service ( including
the period of re-employment) shall be deemed to be proceedings under Rule 9 of
the CCS(Pension) Rules 1972 after his retirement. The proceedings shall be
continued and concluded under this rule. If the disciplinary proceedings were
instituted by an authority subordinate to the President, the authority shall
submit a report recording its findings to the President.

2. The conditions for instituting departmental proceedings after retirement are the
following:

(1)The proceedings will be initiated after obtaining sanction of the President.

(2) No departmental proceedings can be instituted in respect of any event which
took
place more than four years before such institution

(3) The proceedings will be conducted by the authority authorized by the

President and
in accordance with the procedure applicable to departmental proceedings
which
could lead to the dismissal of a serving G.S.

3. If in any departmental or judicial proceedings a pensioner is found guilty of

grave misconduct or negligence during his service ( including the period of re-
employment after retirement), the President can:-

(1)Withhold his pension or gratuity or both either in full or in part, permanently

or for a
specified period,
(2)Withdraw his pension in full or in part, permanently or for a specified period
(3)Order recovery from his pension or gratuity the pecuniary loss caused to the
Government, either the whole loss or part of it.

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.

(2)Where a part of pension is withheld or withdrawn, the amount of pension

shall not
be reduced below Rs.375/-( Rs.1913/- from 2004) per month.

5. In the case of a pensioner facing departmental or judicial proceedings a

provisional pension shall be sanctioned. No retirement gratuity will be paid even
if there is no loss to the Government.
6. The recovery shall not ordinarily be made at a rate exceeding one-third of the
pension admissible on the date of retirement of the G.S.

7. Date of institution of departmental proceedings is the date on which the memo of

charges is issued to the GS or pensioner, or the date of suspension if the GS was
suspended while in service.

8. Date of institution of judicial proceedings is the date on which the magistrate

takes cognizance of the complaint or report of the police officer (in criminal
proceedings). In case of Civil proceedings, it is the date on which the plaint (
charge, accusation) is presented in the court.

NOTE: 1. Consultation with the UPS is necessary before issue of final orders in all
cases, both gazetted and non-gazetted employees.

2. The Disciplinary authority who instituted proceedings while the pensioner

was in service (or in re-employment after retirement) can drop them
without submitting its findings to the President (This instruction was
withdrawn in 2004. Now such cases will also go to the President)

3. Minor penalty proceedings initiated against a GS while in service also

automatically become Rule 9 proceedings after retirement of the GS (if
not finalized before his retirement). As minor penalty proceedings do not
justify penalties like withholding or withdrawal of pension, etc, such
proceedings should always be finalized by the Disciplinary authorities
before retirement of the Government servants.

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.

Article 311 of the constitution

1. No GS shall be dismissed or removed by an authority subordinate to that by
which he was appointed.

2. No GS shall be dismissed or removed or reduced in rank except after an inquiry

in which he has been informed of the charges against him and given a reasonable
opportunity of being heard in respect of those charges.

Para 2 above will not apply in the following cases:

a. Where a person is dismissed or removed or reduced in rank on the

ground of conduct which has led to his conviction on a criminal charge;
 b. Where the competent authority is satisfied that for some reasons, to be
recorded by that authority in writing, it is not reasonably practicable to
hold such inquiry;
c. Where the President or the Governor, as the case may be, is satisfied that
in the interest of the security of the State, it is not expedient to hold such
inquiry.

NOTE: 1. There was a provision in clause 2 of the Article to give the GS an

opportunity of making representation on the penalty proposed before
imposition of the penalty. This provision was deleted by an amendment
sometime in the late 1970s. Now, the GS is not given an opportunity of
making a representation on the penalty proposed.
2. In clause 3 of Article 311 it is stated that whether it is reasonably
practicable to hold an inquiry against a GS shall be decided by the
authority competent to impose on the GS the penalty of dismissal,
removal or reduction in rank. The decision shall be final.

3. The reasonable opportunity guaranteed under Article 311 of the constitution

envisages the following:

(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:

(1) the right to be heard

(2) no person can be a judge in his own cause;
(3) justice should not only be done, but should be seen to be done.

In short, every party has a right to fair hearing, unbiased judgment and
clear speaking order.

The Role of Inquiry Officer

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 I.O. should not normally interfere in the cross-examination of witnesses.

However, he should not allow questions, which are irrelevant or are malicious. He
should also not allow leading questions in the main examination; such questions are
permitted in cross-examination.

The I.O. should base is conclusions on a report that looks reasonable. He

should indicate in the report the relation between the imputations, evidence and
conclusions. In short, the conclusion should be logical. After submission of the
report, the I.O. cannot make any changes in the report or offer comments and
clarifications. It is not the I.O’s duty to condemn the charged officer or to suggest a
deterrent punishment.

The Role of Presenting Officer

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. is the custodian of documents received from the Disciplinary

authority till they are produced in the inquiry and marked as exhibits. If some
documents have not been received from the Disciplinary authority, the P.O. should
collect them from the officer concerned.

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 Role of Assisting Government Servant (Defence Assistant)

A GS has the right to engage an Assisting Government Servant (AGS) to defend

his case. If he is denied this right, it amounts to denial of reasonable opportunity
guaranteed in Article-311 of the Indian Constitution.

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.

As soon as a person is nominated as an AGS, he should collect all the papers

from the charged officer, and study them to have a proper understanding of the
case. He should decide immediately what additional documents are necessary, and
apply for these documents to the IO. He can also present a list of additional
witnesses to be examined on behalf of the GS.

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

1. Generally orders, notices etc are served in person on he GS, or

communicated to him by registered post. If a GS wilfully evades the
acknowledgement of a document, the document should be sent to him by registered
post, acknowledgement due to the last known address. If this is not accepted by the
GS and returned by the Post Office, action may be taken as if the document has been
served.

2. The Civil services of the Central Government are classified as

follows: -
1. Central Civil Services, Group-A
2. Central Civil Services, Group-B
3. Central Civil Services, Group-C
4. Central Civil Services, Group-D

3. A full definition of “Appointing Authority” is as follows:

It is the (1) authority empowered to make appointments to the service, grade
of the service of which the Government servant is a member; (2) the authority
empowered to make appointments to the post which the Government servant
holds; (4) the authority which appointed the Govt. servant to such service,
grade or post (5) the highest authority which appointed the GS, in case he has
been appointed to a service, to any grade in the service and to a post.
4. “Government servant” means a person who (1) is a member of a Service, holds a
Civil post under the Central Government, including a person on foreign service
or on deputation to the State Govt. or a local authority; (2) a State Govt. employee
on deputation to the Central Government; and (3) an employee of a local
authority on deputation to the Central Government.

5. The CCS (CCA) Rules shall not apply to:-

1. any railway servant
2. any member of the All India Services
3. any person in casual employment
4. any person whose services can be discharged on less than one month’s
notice.
5. Any class of persons excluded from the operation of these rules by the
President.

--------------------------------------