CCS(CCA) Rules, 1965 Brief introduction

Introduction Expansion of the CCS(CCA) Rules, 1965 is Central Civil Services (Classification, Control and Appeal) Rules, 1965 Prescribes the procedure for imposition of certain penalties for breach of conduct or discipline

Constitutional provision These Rules are framed in exercise of the powers conferred by proviso to Article 309 and Clause (5) of Article 148 of the Constitution.

Application These rules shall apply to every Government servant including every civilian Government servant in the Defence Services, but shall not apply to the following persons working in the Postal Department (list in next slide)

GDS Agents. Monthly-rated staff paid from contingencies other than those brought on to regular establishment. Monthly-rated work-charged and other employees not on regular establishment. Daily-rated staff paid from contingencies. Daily-rated workmen paid by the day, week, month, etc. All hot weather and monsoon establishment.

Suspension The order of “suspension” is an executive order which debars a Government/public servant from exercising his powers and performing his legitimate duties during the period the order remains in force. However, during the period of suspension, a Government servant continues to be a member of the service to which he belongs and the relationship of master and servant also continues

Who can suspend Appointing authority or any authority to which it is subordinate Disciplinary Authority Any other authority empowered in this behalf by the President by a general or special order

When can an official be suspended? When a disciplinary proceeding is contemplated or pending against him When in the opinion of the competent authority, he has engaged himself in activities prejudicial to the interest of the security of the state When a case against him in respect of any criminal offence is under investigation, inquiry or trial When he is involved in dowry death and case is registered under section 304(B) of IPC he shall be suspended as soon as he is arrested, irrespective of the period of detention, or as soon as the charge sheet is filed against him, whichever is earlier.

Circumstances justifying suspension When the Govt. servant is likely to hamper the proceedings e.g. tampering with the evidence When his continuation in office is likely to affect office discipline When he is involved in a scandal and it is necessary to demonstrate Govt’s intention to deal firmly with the situation When his continuation in office is against public interest

Deemed suspension From the date of detention, if a Government servant is detained in custody for a period exceeding 48 hours From the date of conviction, in case of conviction leading to imprisonment for a period exceeding 48 hours Order of suspension is deemed to have continued on and from the date of punishment, if penalty of dismissal, removal or compulsory retirement imposed on a person under suspension is set aside in appeal or review and further action is ordered From the date of punishment, if penalty of dismissal, removal or compulsory retirement is set aside by a Court and further inquiry is ordered

Revocation Suspension remains in force till it is revoked. Order can be revoked at any time by the competent authority. Suspension automatically comes to an end if penalty of dismissal, removal or compulsory retirement from service is imposed. In case of death during suspension, it is presumed that there was no suspension at all and full pay and allowances are to be paid.

Nature of penalties Minor Penalties – (i) censure; (ii) withholding of his promotion; (iii) recovery from his pay of the whole or part of any pecuniary loss caused by him to the Government by negligence or breach of orders; (iii-a) reduction to a lower stage in the time-scale of pay by one stage for a period not exceeding three years, without cumulative effect and not adversely affecting his pension. (iv) withholding of increments of pay;

Nature of penalties - major (v) Reduction to a lower stage in time-scale (vi) reduction to lower time-scale of pay, grade, post or Service (vii) compulsory retirement; (viii) removal from service which shall not be a disqualification for future employment under the Government; (ix) dismissal from service which shall ordinarily be a disqualification for future employment under the Government

Procedure for imposing penalties Proceedings under Rule 14 of CCS(CCA) Rules, 1965 is initiated to impose major penalties; In such cases an oral inquiry will be held as part of the proceedings Proceedings under Rule 16 of CCS(CCA) Rules, 1965 is initiated to impose minor penalties

Appeals, review and revision Government servants against whom punishment orders under these rules are imposed can appeal against such orders Punishment orders can be revised by the President or other authority The President may, at any time, either on his own motion or otherwise review any order passed under these rules.