Transcript What is the full form of CCS (CCA) Rules?

What is Vigilance
1
(KEEPING A WATCH)
TO MAINTAIN THE
INTEGRITY OF AN
ORGANISATION,
ITS PROCEDURES AND ITS
EMPLOYEES
OUR FOCUS
PREVENTION OF FRAUDS &
LEAKAGE OF REVENUE
List some of the Vigilance Activities
Preventive
Examination of procedures
to remove loop holes Regular and surprise
inspections Monitoring the activities of the
employees through returns
Detective
Investigation of complaints or
any other information regarding
Irregularities
2
Punitive
Punishment to the guilty
List some of the articles of the
Constitution of India which concerns
a government servant
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Article 309 - Recruitment and conditions of service of
persons serving the Union or State
Article 310- Tenure of office of persons serving the
Union or a State
Article 311 - Dismissal, removal or reduction in rank of
persons employed in civil capacities under the Union
or a state :
Article 320 - Functions of Public Service Commission
Who is authorised to frame rules to
regulate the recruitment and conditions
of service of Central Government
Employees
The President
4
Name the two essential features of
the inquiry provided in Article 311
•The Government servant has to
be informed of charges; and
• given reasonable opportunity
to defend himself
5
What is the full form of CCS (CCA)
Rules?
Central Civil Services
(Classification,
Control and Appeal)
Rules
6
In which year the CCS (CCA) Rules
were framed?
1965
7
Can a government servant go on
strike after giving proper notice to
Govt
No
8
What is suspension
The action of suspending or
condition of being suspended
– the action or position
(Oxford English Dictionary)
9
Is suspension a punishment
No. The purpose is
to facilitate
proper inquiry.
10
Can advance for procurement of a
conveyance be given to a Govt
servant under suspension
NO
11
Name the authority who can impose
a penalty on a Govt Servant
The Disciplinary
Authority
12
Name the authority who can impose
any penalty on any govt servant
The President
13
When is Central Vigilance
Commission to be consulted?
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When a gazetted officer is involved and there is a
vigilance angle
(i) corruption, cheating, bribery, misappropriation, fraud and lack of
integrity;
(ii) abuse of official power/authority for self gain or for anyone else;
(iii) substantial loss to government as a result of grave/ deliberate
negligence or indulgence in nepotism;
(iv) possession of disproportionate assets.
(v) flagrant violation of rules/ regulations/ procedures
14
What are the two stages at which
CVC is consulted?
(i) The first stage advice Commission indicates the action to be
taken against the Government servant,
whose conduct has been investigated.
15
(ii) The second stage advice Commission considers the report of the
Inquiry officer and advises the
disciplinary authority about the penalty
to be imposed
Name any two minor penalties
16
Name any two major penalties
17
Is it necessary to hold oral enquiry
in all the cases
18
What could be the likely financial impact
if penalty of withholding increment is
imposed
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Illustration 1 (Slide 29)
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Illustration 2 (Slide 30)
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Illustration 3 (Slide 31)
19
Can an enquiry be conducted in respect
of retired Govt servant for an act done by
him during any period of his service

Proceedings can be initiated after
retirement
 Only with the sanction of the President
 Only in respect of any event which took
place within four years of such
institution
20
Which minor penalty cannot be imposed
unless oral inquiry has been conducted
Withholding of increments
for more than three
years or with cumulative
effect or effecting
pension
21
Which penalty results in the
forfeiture of the past service?

Removal or Dismissal
22
What is the name of the allowance given
to a Govt servant under suspension.
Which Fundamental Right guarantees
that?
Subsistence Allowance
 Article 21 (Part III of the
Constitution)
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23
Which deductions are not permitted
from the subsistence allowance?
•Income tax, House Rent, Electricity & water charges,
installments of repayment of loans and advances, if necessary
at revised rates, CGHS contribution, and contributions towards
CGE Group Insurance Scheme shall be deducted from the
subsistence allowance.
•Premium due to PLI, amount due to cooperative societies and
refund of GPF advance can be deducted with the CONSENT of
the Govt servant.
•Subscriptions to GPF, amount due on court attachments and
recovery of loss caused to the Govt cannot be deducted from
the subsistence allowance.
24
Give any two cases, where no
appeal is permissible
•Any order made by the President.
•Any order of interlocutory nature or in the
nature of step-in-aid of the final disposal
of a disciplinary proceeding other than an
order of suspension
•Any order passed by an Inquiry Officer
during the course of inquiry. (However, an
appeal can be submitted against an order
of IO rejecting request for engagement of
a Defence Assistant from some
25outstation.)
What is the period of limitation for
filing an appeal against an order of
penalty?
45 days
26
Do you think the disciplinary
framework of government lays down
control only on employees?
No. Employees do enjoy
certain protection. Enough
care is taken to see that
undue hardship is not caused
to the GS and his / her family
members.
27
What are some of the positive elements
you come across in the various
provisions governing the service
conditions
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Application of Principles of
Natural Justice
Protection under Article 311
Grant of Subsistence Allowance
Entitlement after death etc.
28
Reduction by 3 stages for 3 years
9900
9700
Normal
progression
9500
9300
9100
8900
During penalty
8700
8500
29
Period of penalty
9700
Withholding of
ONE
Increment for 3
years
Withholding of
NEXT
Increment for 3
years
Withholding of NEXT
Increment for 3 years
with CUMMULATIVE
EFFECT
9500
9300
9100
8900
8700
8500
30
Period of
penalty
Normal progression
Period of
penalty
Period of
penalty
During period of penalty
Reduction by 3 stages for 3 years
+no increments during the period of reduction
9900
+ with cummulative effect
9700
9500
9300
9100
8900
8700
8500
31
Period of
penalty
Normal progression
Period of
penalty
Period of
penalty
During period of penalty
MINOR PENALTIES
(Rule 11)
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Censure
Withholding of Promotion
Recovery from Pay of whole or part of any pecuniary
loss caused by him to the Government by negligence
or breach of orders etc
Reduction to lower stage in the time-scale of pay for a
period not exceeding three years, without cumulative
effect and not affecting his pension
Withholding of increments
Go back
End
Censure
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This penalty may have indirect
financial implications as the Govt
servant may be at a disadvantage viza-viz a person with a clean record.
The penalty has no currency and the
person can be considered for and
given promotion immediately after
imposition of penalty.
End
Withholding of Promotion
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Go back
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This penalty has indirect financial
implications.
The Govt servant may not be
recommended for promotion and even
if recommended, he can be promoted
only after the period of penalty is over.
The penalty remains in force for the
specified period.
End
Recovery from Pay of whole or part of any
pecuniary loss caused by him to the
Government by negligence or breach of
orders etc
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35
Go back
Financial implications of this penalty
are limited to the amount decided to
be recovered from his pay.
Promotion can be given during the
currency of this penalty.
End
Reduction to lower stage in the time-scale of
pay for a period not exceeding three years,
without cumulative effect and not affecting
his pension
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36
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The Govt servant suffers loss in pay
and corresponding loss in allowances
etc based on the stage of reduction.
The penalty lasts for the specified
period.
Promotion cannot be given duringEnd
the
period of punishment.
Withholding of increments
 Financial impact of this penalty depends on
 Whether ONE or NEXT increment is withheld.
 the period for which the penalty is imposed.
 whether the penalty will have cumulative effect, i.e.,
postpone his future increments
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 The period of punishment is as specified in the
order imposing penalty
 Promotion cannot be given during the currency of
penalty
 If the penalty is for a period of more than three
years, or is with cumulative effect or is likely to
adversely affect the pension, then inquiry under
End
Rule 14 of CCA Rules is mandatory.
Imposition of a Minor Penalty (Rule 16)
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38
Go back
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Inform the Govt servant by a Memorandum
giving him time to make his representation.
Enclose Statement of imputation of
misconduct or misbehaviour.
Record the findings on imputations of
misconduct keeping in view the
representation of the Govt servant, if any.
If imputations are proved, impose one of the
minor penalties otherwise exonerate the
Govt servant
Consult UPSC if necessary, before imposing
End
penalty.
MAJOR PENALTIES (Rule 11)
Cases which call for major penalty
 Reduction to a lower stage in the time scale of pay
 Reduction to a lower time-scale of pay, grade, post
or service
 Compulsory Retirement
 Removal from service
 Go
Dismissal
from service
End
back
39
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Reduction to lower stage in the time-scale of
pay
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Go back
40
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The Govt servant suffers loss in pay and
corresponding loss in allowances etc based
on the stage of reduction.
The penalty lasts for the specified period.
The impact of the penalty increases if
increments are denied during the period of
penalty. It is maximum if this is done with
cumulative effect.
Promotion cannot be given during the
End
period of punishment.
( ILLUSTRATION)
Reduction to a lower time-scale of pay, grade, post or
service
 This penalty also puts the Govt servant at a
considerable financial loss, which depends upon
the scale to which he is reduced
the period for which reduced
the pay allowed during reduction
the conditions for restoration to the original grade,
scale post etc.
 whether on restoration, the reduction will or will not
have the effect of postponing the future increments
of his pay.
 the seniority on the original post after such
restoration
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 The punishment remains in force during the period
End
specified in the order imposing penalty.This penalty
is generally a bar for future promotion. Promotion
Compulsory Retirement
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The Government servant is denied the right to continue in service
till the age of superannuation, and the increments, promotions etc
he might have earned during his remaining service.
The Govt servant remains entitled to the proportionate pension on
the basis of the service rendered by him unless the penalty is
coupled with reduction in pension and gratuity in terms of Rule 40
of CCS (Pension ) Rules, 1972 (which can be maximum one third
of the normal entitlement and reduced pension cannot be below
the minimum limit).
Right to leave preparatory to retirement is denied.
Leave encashment is also not admissible in case cut in pension
has been made.
Removal or Dismissal from service
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These are extreme penalties which can be
imposed on a Govt Servant as these entail
forfeiture of retirement benefits.
Dismissal imposes disqualification from
future employment under Government.
However in certain deserving cases, relief in
the form of Compassionate Allowance not
exceeding the normal pension the Govt
servant would have been entitled to and not
less than the minimum pension or gratuity or
both may be sanctioned.
End
Cases for major penalty
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Cases in which there is reasonable ground
to believe that an offence has been
committed but evidence forthcoming is not
sufficient to launch prosecution in a court of
law e.g.
Possession of disproportionate assets
Obtaining or attempting to obtain illegal
gratification
Misappropriation of Govt property, money
End
or stores
Contd
Obtaining or attempting to obtain any
Cases for major penalty (contd)
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45Go back
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Falsification of Govt records
Gross irregularity or Negligence in
performance of official duties with dishonest
motives
Misuse of official position or power for
personal gain
Disclosure of secret or confidential
information
False claims on Govt like TA, Medical
End
reimbursement etc
Steps for imposing major penalty
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46Go back
Prepare a Charge Sheet.
Get the Charge Sheet delivered to the Govt
Servant.
If all the charges are admitted, record your
findings and take further action.
If any charge is denied you can yourself
conduct the oral inquiry or appoint an
Inquiry Officer to conduct inquiry as per the
procedure laid down in Rule 14.
Appoint a Presenting Officer to present the
case on behalf of the Deptt during OralEnd
Inquiry .
Imposition of penalty without holding inquiry
(Rule 19)
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Procedure in Rule 14 to 18 need not be
followed
 when it is proposed to impose a penalty on
the ground of conduct which has led to
conviction in a court of law. However, an
opportunity may be given for making a
representation against the penalty
proposed.
 when the disciplinary authority is satisfied
for reasons to be recorded in writing that
Endit
is not reasonably practicable to hold an
Orders against which no appeal
lies (Rule 22)
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48 Go back
Any order made by the President.
Any order of interlocutory nature or in the
nature of step-in-aid of the final disposal of a
disciplinary proceeding other than an order
of suspension
Any order passed by an Inquiry Officer
during the course of inquiry. (However, an
appeal can be submitted against an order of
IO rejecting request for engagementEndof a
Defence Assistant from some outstation.)
Orders against which appeal can be
submitted (Rule 23)
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49 Go back 
Order of suspension or deemed suspension
Order imposing any of the penalties
Order enhancing any penalty
Order denying or varying pay & allowances,
pension etc.
Order of stopping at Efficiency Bar
Order or reversion from a higher post
otherwise then as a penalty
Order reducing or withholding pension,
gratuity etc.
End
Order regarding regularisation of period of
suspension or deemed suspension and pay
Appellate Authorities (Rule 24)
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Authority specified in the Schedule or by a
general or special order of the President
Group ‘A’ & ‘B’ officers can submit appeal to the
Appointing Authority if order is made by a
subordinate authority and to the President, if the
order is by any other authority.
Group ‘C’ & ‘D’ officers can submit appeal to the
Authority to which the authority which made the
order is immediately subordinate.
In case the penalty imposed by an authority
other than President, is in respect of activities
End
connected with the work as office bearer of an
Submission of appeal
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Every person has to submit the appeal
separately and in his own name.
Appeal has to be submitted to the authority
to which the appeal lies, with a copy to the
authority which made the order appealed
against.
Appeal should contain all the grounds relied
upon, but should not contain any
disrespectful or improper language.
The authority which made the order, End
should
immediately forward the appeal alongwith its
Review (Rule 29-A)
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The President can on his own or otherwise
review any order, when any new material
evidence, which could not be produced or
was not available when the order was
passed and which changes the entire nature
of the case has come or is brought to his
notice.
If on review, punishment is proposed or
proposed to be enhanced, the charged
End
officer should be given a reasonable
What is suspension?
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An administrative action for debarring a
Govt servant from his powers and duties.
Temporary deprivation of office pending
regular disciplinary proceedings
Relationship of servant and master does
not end. All conditions of service continue
to apply.
No reduction in rank. Lien retained
End
Not a penalty
Appeal can be preferred
Who can suspend?
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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
End
special order
When can a Govt servant be
suspended?
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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 End
Circumstances which justify
suspension
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When the Govt servant is likely
to hamper the proceedings
e.g. tempering with the
evidence
When his continuation in office
is likely to affect office
discipline
When he is involved in a
scandal and it is necessaryEnd
to
demonstrate Govt’s intention
Deemed suspension [Rule 10(2)]
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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 End
action is ordered
Entitlements during suspension
For the first three months
 Subsistence allowance equal to leave salary
on half pay leave
 DA on the subsistence allowance
 HRA, CCA as admissible before suspension
After three months, subsistence allowance
can be increased or decreased up to 50% of
the original subsistence allowance
depending upon whether the period of
suspension has been prolonged due to
reasons directly attributable to the
End
Government servant.
Only some of the normal deductions are
Deductions from subsistence allowance
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Income tax, House Rent, Electricity & water
charges, installments of repayment of loans
and advances, if necessary at revised rates,
CGHS contribution, and contributions
towards CGE Group Insurance Scheme shall
be deducted from the subsistence
allowance.
Premium due to PLI, amount due to
cooperative societies and refund of GPF
advance can be deducted with the CONSENT
End
of the Govt servant.
Subscriptions to GPF, amount due on court
Administrative effects
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Go back
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Govt servant is not supposed to attend
office or mark attendance. Entry card is
withdrawn.
Scooter or car advance cannot be granted.
HBA can be granted.
Govt servant can function as Defence
Assistant
Leave cannot be granted.
LTC can be granted only to the family
End
members.
(Contd)
Govt servant retains lien on his post.
Administrative effects (contd)
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Resignation of a Govt servant
under suspension can be accepted
only in public interest if:charges do not involve moral
turpitude.
available evidence is not likely to
lead to removal or dismissal.
the proceedings are likely to be
very protracted and it would be
cheaper to the Govt to accept the
resignation.
In above cases, resignation can be
(contd) of End
accepted with the approval
Minister-in-charge in case of Gr.A
Other Administrative effects
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Permission for Voluntary
retirement during suspension
can be denied by the competent
authority.
On attaining the age of
superannuation the suspended
Govt servant will be retired.
Subsistence allowance shall stop.
He will be paid only provisional
pension.
Leave encashment can be
withheld if there is possibility of
End
some money becoming
recoverable as a result of the
Revocation of suspension
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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.
End
In case of death during
Action after reinstatement (Rule 10)
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An order for regularisation of
period of suspension has to
be issued. The period has to
be treated as duty if the
suspension was wholly
unjustified.
An order regarding pay and
allowances payable for the
End
period of suspension has also
Action against pensioners
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Misconduct committed while
in service including the period
of reemployment
Misconduct committed after
retirement
End
Misconduct committed while in service including the
period of reemployment
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Competent authority and
action that can be taken
Proceedings instituted before
retirement
Institution of proceedings
after retirement
End
Grave misconduct or negligence committed
while in service – Rule 9
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67
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Competent Authority - President
Possible action –
Withholding of pension or gratuity, or both,
in full or in part, permanently or for a
specified period
Recovery from pension or gratuity of the
whole or part of any pecuniary loss
caused to the Govt
UPSC has to be consulted before issue of
final orders.
End
If only part of pension is withheld, it
Proceedings instituted before retirement
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68
Disciplinary Proceedings
for major penalty, instituted
while in service shall be
continued as if the Govt
servant was still in service
If proceedings were
instituted by an authority
subordinate to the
President, it shall reportEnd
its
Institution of proceedings after retirement
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69
Proceedings can be initiated after retirement
Only with the sanction of the President
Only in respect of any event which took place
within four years of such institution
Proceedings shall be conducted by the authority
specified by the President, according to the
procedure for dismissal of the Govt servant
while he was in service.
Proceedings shall be deemed to be instituted on
the date of issue of statement of charges or the
date of suspension, if the Govt servant had End
been placed under suspension before
Misconduct or serious crime committed after
retirement (Rule 8)
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Competent Authority - Authority which was
competent to remove the pensioner, while he
was in service
Possible action – Withholding or withdrawl of
pension, in full or in part, permanently or for a
specified period
A show cause notice has to be given specifying
the action proposed to be taken in the case of
misconduct
UPSC has to be consulted before issue of final
orders, if order is to be issued in the name of the
President
End
If only part of pension is withheld or withdrawn,
Punishment – power to impose
Is a statutory power
 Cannot be delegated
 Cannot be taken over by superior
 Involves exercise of discretion
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71
Go back
Independently
Based on relevant considerations
With due application of mind.
End
Punishment – when can be given?
For good and sufficient
reasons
After following the
prescribed procedure.
72
Go back
End
Punishment – deciding quantum of
Gravity of the
misconduct
Extenuating
circumstances, if any
Track record of the
officer.
73
Go back
End
Punishment - lenient
Sets a bad example
Diminishes the gravity
of the charges
Invites aspersions.
74
Go back
End
Punishment - severe
Kills initiative
Creates dead wood
Creates general
atmosphere of phobia
Smells of
vindictiveness.
75
End
Punishment – order for imposing
Should be signed by the
competent authority only
 Should reflect due application of
mind
 Should be a speaking order
 Should be carefully drafted –
76 Go back cannot be modified by the same
End
authority
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