CCS (CCA) RULES - "Government servant' mean

CENTRAL CIVIL SERVICES (CCA) RULES, 1965
CCS (CCA) RULES - "Government servant' mean

13. Authority to institute proceedings
(1)  The President or any other authority empowered by him by general or special order may -
(a)  institute disciplinary proceedings against any Government servant;

(b) direct a disciplinary authority to institute disciplinary proceedings against any Government servant on whom that disciplinary authority is competent to impose under these rules any of the penalties specified in rule 11.

(2) A disciplinary authority competent under these rules to impose any of the penalties specified in clauses (i) to (iv) of rule 11 may institute disciplinary proceedings against any Government servant for the imposition of any of the penalties specified in clauses (v) to (ix) of rule 11 notwithstanding that such disciplinary authority is not competent under these rules to impose any of the latter penalties.

CENTRAL CIVIL SERVICES (CCA) RULES, 1965
CCS (CCA) RULES - "Government servant' mean

16. Procedure for imposing minor penalties
(1)  Subject to the provisions of sub-rule (3) of rule 15, no order imposing on a Government servant any of the penalties specified in clause (i) to (iv) of rule 11 shall be made except after-

(a)         informing the Government servant in writing of the proposal to take action against him and of the imputations of misconduct or misbehaviour on which it is proposed to be taken, and giving him reasonable opportunity of making such representation as he may wish to make against the proposal;

(b)         holding an inquiry in the manner laid down in sub-rules (3) to (23) of rule 14, in every case in which the disciplinary authority is of the opinion that such inquiry is necessary;

(c)         taking the representation, if any, submitted by the Government servant under clause (a) and the record of inquiry, if any, held under clause (b) into consideration;

(d)          recording a finding on each imputation or misconduct or misbehaviour; and

(e)         consulting the Commission where such consultation is necessary.

(1-A)    Notwithstanding anything contained in clause (b) of sub-rule (1), if in a case it is proposed after considering the representation, if any, made by the Government servant under clause (a) of that sub-rule, to withhold increments of pay and such withholding of increments is likely to affect adversely the amount of pension payable to the Government servant or to withhold increments of pay for a period exceeding three years or to withhold increments of pay with cumulative effect for any period, an inquiry shall be held in the manner laid down in sub-rules (3) to (23) of Rule 14, before making any order imposing on the Government servant any such penalty.

(2)       The record  of the proceedings in such cases shall include-
(i)           a copy of the intimation to the Government servant of the proposal to take action against him;
(ii)          a copy of the statement of imputations of misconduct or misbehaviour delivered to him;
(iii)         his representation, if any;
(iv)         the evidence produced during the inquiry;
(v)          the advice of the Commission, if any;
(vi)         the findings on each imputation of misconduct or misbehaviour; and
(vii)        the orders on the case together with the reasons therefor.

Government of India’s Decision :
(1)        Enquiry mandatory in certain types of the penalty of witholding of increments :-

It has been decided in the meeting of National Council held on the 6th and 7th November, 1967, that in cases where increments are withheld for a period of more than three years or where increments are stopped with cumulative effect or where such stoppage is likely to affect adversely the pensionary entitlement, the procedure of holding an enquiry should invariably be followed.

As the Ministry of Finance etc. are aware, clause (b) of sub-rule (1) of rule 16 of the CCS (CCA) Rules, 1965 makes provisions for holding an enquiry in the manner laid down in sub-rules (3) to (23) of rule 14 ibid in every case in which the disciplinary authority is of the opinion that such an inquiry is necessary.  In view of the decision of the National Council, mentioned in the preceding paragraph, it has been decided that, notwithstanding the provision contained in rule 16 (1) (b) of the CCS (CCA) Rules, 1965, if in a case it is proposed, after considering that representation, if any, submitted by a Government servant, to withhold increments of pay for a period exceeding three years or to withhold increments of pay with cumulative effect for any period or if the penalty of withholding of increments is likely to affect adversely the amount of pension payable to the Government servant, an enquiry shall invariably be held in the manner laid down in sub-rules (3) to (23) of rule 14 ibid.
[MHA OM No. 7/3/67-Ests.(A) dated the 19th January, 1968]

(2)  Minor Penalty – holding of inquiry in specific circumstances :-

The Staff Side of the Committee of the National Council (JCM) set up to consider revision of CCS (CCA) Rules, 1965 had suggested that Rule 16 (1) should be amended so as to provide for holding an inquiry even for imposition of minor penalty, if the accused employee requested for such an inquiry.

2. The above suggestion has been given a detailed consideration.  Rule 16 (1-A) of the CCS (CCA) Rules, 1965 provide for the holding of an inquiry even when a minor penalty is to be imposed in the circumstances indicated therein.  In other cases, where a minor penalty is to be imposed, Rule 16 (1) ibid leaves it to the discretion of disciplinary authority to decide whether an inquiry should be held or not.  The implication of this rule is that on receipt of representation of Government servant concerned on the imputations of misconduct or misbehavior communicated to him, the disciplinary authority should apply its mind to all facts and circumstances and the reasons urged in the representation for holding a detailed inquiry and form an opinion whether an inquiry is necessary or not.  In case where a delinquent Government servant has asked for inspection of certain documents and cross examination of the prosecution witnesses, the disciplinary authority should naturally apply its mind more closely to the request and should not reject the request solely on the ground that in inquiry is not mandatory.  If the records indicate that, notwithstanding the points urged by the Government servant, the disciplinary authority could, after due consideration, come to the conclusion that an inquiry is not necessary, it should say so in writing indicating its reasons, instead of rejecting the request for holding inquiry summarily without any indication that it has applied its mind to the request, as such an action could be construed as denial of natural justice.
[Deptt. of Personnel & Training OM No. 1101218/85-Ests.(A) dated 28th October, 1985]

CENTRAL CIVIL SERVICES (CCA) RULES, 1965
CCS (CCA) RULES - "Government servant' mean

17.  Communication of Orders

Orders made by the disciplinary authority shall be communicated to the Government servant who shall also be supplied with a copy of its finding on each article of charge, or where the disciplinary authority is not the inquiring authority, a statement of the findings of the disciplinary authority together with brief reasons for its disagreement, if any, with the findings of the inquiring authority and also a copy of the advice, if any, given by the Commission, and where the disciplinary authority has not accepted the advice of the Commission, a brief statement of the reasons for such non-acceptance.

Government of India’s Decision
(1) Entry of punishments in confidential rolls :-

It has been decided that if as a result of disciplinary proceedings any of the prescribed punishments (e.g. censure, reduction to a lower post etc.) is imposed on a Government servant, a record of the same should invariably be kept in his confidential roll.
[G.I., MHA OM No. 38/12/59-Ests.(A) dated the 23rd April, 1960].

CENTRAL CIVIL SERVICES (CCA) RULES, 1965
CCS (CCA) RULES - "Government servant' mean

18. Common Proceedings
(1)       Where two or more Government servants are concerned in any case, the President or any other authority competent to impose the penalty of dismissal from service on all such Government servants may make an order directing that disciplinary action against all of them may be taken in a common proceeding.

NOTE
If the authorities competent to impose the penalty of dismissal on such Government servants are different, an order for taking disciplinary action in a common proceeding may be made by the highest of such authorities with the consent of the others.

(2)        Subject to the provisions of sub-rule (4) of rule 12, any such order shall specify-
(i)          the authority which may function as the disciplinary authority for the purpose of such common proceeding;
(ii)        the penalties specified in rule 11 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.

Government of India’s Instructions
(1)        Procedure of enquiry when two Government servants accuse each other :-

In a recent case, two Government employees working in the same office made complaints against each other.  The disciplinary authority initiated departmental proceedings against both the employees under Rule 18 of the CCS (CCA) Rules.  The question whether it is legally permissible to enquire into the conduct of the accused and the accuser in one joint proceeding was examined in consultation with the Ministry of Law.  Cross complaints arising out of the same or connected incident or transaction are not uncommon, and occur frequently in criminal cases.  The Code of Criminal Procedure is silent with regard to the procedure to be adopted in such cases.  The general principle as laid down by the Courts is that the accused in cross cases should be tried separately and that both the trials should be held simultaneously or in quick succession so as to avoid conflicting findings and different appraisal of the same evidence.  On the analogy of the criminal law practice and procedure, a joint proceeding against the accused and accuser is an irregularity which should be avoided.  This should be noted for future guidance.
[G.I. MHA Letter No. 6/98/63-AVD dated the 13th June, 1963].

CENTRAL CIVIL SERVICES (CCA) RULES, 1965
CCS (CCA) RULES - "Government servant' mean

APPEALS
22. Orders against which no appeal lies

Notwithstanding anything contained in this Part, no appeal shall lie against-
(i)           any order made by the President;
(ii)          any order of an interlocutory nature or of the nature of a step-in-aid of the final disposal of a disciplinary proceeding, other than an order of suspension;
(iii)         any order passed by an inquiring authority in the course of an inquiry under Rule 14.

23. Orders against which appeal lies
Subject to the provisions of rule 22, a Government servant may prefer an appeal against all or any of the following orders, namely:-
(i)         an order of suspension made or deemed to have been made under rule 10;
(ii)         an order imposing any of the penalties specified in rule 11, whether made by the disciplinary authority or by any appellate or revising authority;
(iii)        an order enhancing any penalty, imposed under rule 11;
(iv)         an order which-
(a)          denies or varies to his disadvantage his pay, allowances, pension or other conditions of service as regulated by rules or by agreement; or
(b)          interprets to his disadvantage the provisions of any such rule or agreement;
(v)          an order-
(a)              stopping him at the efficiency bar in the time-scale of pay on the ground of his unfitness to cross the bar;
(b)             reverting him while officiating in a higher service, grade or post, to a lower service, grade or post, otherwise than as a penalty;
(c)              reducing or withholding the pension or denying the maximum pension admissible to him under the rules;
(d)             determining the subsistence and other allowances to be paid to him for the period of suspension or for the period during which he is deemed to be under suspension or for any portion thereof;
(e)             determining his pay and allowances-
(i)         for the period of suspension, or
(ii)             for the period from the date of his dismissal, removal or compulsory retirement from service, or from the date of his reduction to a lower service, grade, post, time-scale or stage in a time-scale of pay, to the date of his reinstatement or restoration to his service, grade or post; or
(f)               determining whether or not the period from the date of his suspension or from the date of his dismissal, removal, compulsory retirement or reduction to a lower service, grade, post, time-scale of pay or stage in a time-scale of pay to the date of his reinstatement or restoration to his service, grade or post shall be treated as a period spent on duty for any purpose.

EXPLANATION- In this rule-
(i)                the expression 'Government servant' includes a person who has ceased to be in Government service;
(ii)              the expression 'pension' includes additional pension, gratuity and any other retirement benefits.

24. Appellate Authority
(1) A Government servant, including a person who has ceased to be in Government service, may prefer an appeal against all or any of the orders specified in Rule 23 to the authority specified in this behalf either in the Schedule or by a general or special order of the President or, where no such authority is specified-

(i) where such Government servant is or was a member of a Central Service, Group ‘A’ or Group ‘B’ or holder of a Central Civil Post, Group ‘A’ or Group ‘B’ -

(a) to the appointing authority, where the order appealed against is made by an authority subordinate to it; or

(b) to the President where such order is made by any other authority;

which the authority making the order appealed against is immediately subordinat(ii)          where such Government servant is or was a member of a Central Civil Service, Group ‘C’ or Group ‘D’, or holder of a Central Civil Post, Group ‘C’ or Group ‘D’, to the authority toe.

(2)  Notwithstanding anything contained in sub-rule (1)-
(i)         an appeal against an order in a common proceeding held under Rule 18 shall lie to the authority to which the authority functioning as the disciplinary authority for the purpose of that proceeding is immediately subordinate :

Provided that where such authority is subordinate to the President in respect of a Government servant for whom President is the appellate authority in terms of sub-clause  (b) of clause (i) of sub-rule (1), the appeal shall lie to the President.

(ii)        where the person who made the order appealed against becomes, by virtue of his subsequent appointment or otherwise, the appellate authority in respect of such order, an appeal against such order shall lie to the authority to which such person is immediately subordinate.

(3)        A Government servant may prefer an appeal against an order imposing any of the penalties specified in rule 11 to the President, where no such appeal lies to him under sub-rule (1) or sub-rule (2), if such penalty is imposed by any authority other than the President, on such Government servant in respect of his activities connected with his work as an office-bearer of an association, federation or union, participating in the Joint Consultation and Compulsory Arbitration Scheme.

Government of India’s Instructions
(1)     Appeal in the case of a disciplinary order against an office-bearer of an association or union :-

All appeals to the President under sub-rule (3) of Rule 24 should be placed before the Minister-in-charge for final orders irrespective of whether the general directions in various Ministries, relating to the disposal of appeals addressed to the President, require such submission or not.

In respect of persons serving in the Indian Audit and Accounts Department, the appeals referred to in the preceding para, shall be disposed of by the Comptroller and Auditor General of India.
(G.I. MHA OM No. 7/14/64-Ests.(A) dated the 18th April, 1967].

CENTRAL CIVIL SERVICES (CCA) RULES, 1965
CCS (CCA) RULES - "Government servant' mean

25. Period of Limitation of appeals
No appeal preferred under this part shall be entertained unless such appeal is preferred within a period of forty-five days from the date on which a copy of the order appealed against is delivered to the appellant :

Provided that the appellate authority may entertain the appeal after the expiry of the said period, if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time.

26.  Form and contents of appeal
(1)       Every person preferring an appeal shall do so separately and in his own name.

(2)       The appeal shall be presented to the authority to whom the appeal lies, a copy being forwarded by the appellant to the authority which made the order appealed against.  It shall contain all material statements and arguments on which the appellant relies, shall not contain any disrespectful or improper language, and shall be complete in itself.

(3)       The authority which made the order appealed against shall, on receipt of a copy of the appeal, forward the same with its comments thereon together with the relevant records to the appellate authority without any avoidable delay, and without waiting for any direction from the appellate authority.

27.  Consideration of appeal
(1)        In the case of an appeal against an order of suspension, the appellate authority shall consider whether in the light of the provisions of rule 10 and having regard to the circumstances of the case, the order of suspension is justified or not and confirm or revoke the order accordingly.

(2) In the case of an appeal against an order imposing any of the penalties specified in rule 11 or enhancing any penalty imposed under the said rules, the appellate authority shall consider-

(a) whether the procedure laid down in these rules have been complied with and if not, whether such non-compliance has resulted in the violation of any provisions of the Constitution of India or in the failure of justice;

(b)  whether the findings of the disciplinary authority are warranted by the evidence on the record; and

(c)  whether the penalty or the enhanced penalty imposed is adequate, inadequate or severe;

and pass orders-

(i)  confirming, enhancing, reducing, or setting aside the penalty; or

(ii) remitting the case to the authority which imposed or enhanced the penalty or to any other authority with such direction as it may deem fit in the circumstances of the case :

provided that-

(i)  The Commission shall be consulted in all cases where such consultation is necessary;

(ii) If such enhanced penalty which the appellate authority proposes to impose is one of the penalties specified in clauses (v) to (ix) of rule 11 and in inquiry under rule 14 has not already been held in the case, the appellate authority shall, subject to the provisions of rule 19, itself hold such inquiry or direct that such inquiry be held in accordance with the provisions of rule 14 and thereafter, on a consideration of the proceedings of such inquiry  and make such orders as it may deem fit:

(i)  if the enhanced penalty which the appellate authority proposes to impose is one of the penalties specified in clauses (v) to (ix) of rule 11 and an enquiry under rule 14 has been held in the case, the appellate authority shall make such orders as it may deem fit after the appellant has been given a reasonable opportunity of making a representation against the proposed penalty; and

(ii)  no order imposing an enhanced penalty shall be made in any other case unless the appellant has been given a reasonable opportunity, as far as may be, in accordance with the provisions of rule 16, of making a representation against such enhanced penalty.

(3)  In an appeal against any other order specified in rule 23, the appellate authority shall consider all the circumstances of the case and make such orders as it may deem just and equitable.

Government of India’s Instructions :
(1)  Time-limit for the disposal of appeals :-

The following suggestions have been examined in order to achieve quicker disposal of appeals :-

(a) the need for and the feasibility of appointing additional appellate authorities wherever the present workload of appellate authorities is unduly heavy; and

(b) the prescribing of a procedure by which the position regarding pending appeals could be reviewed by higher authorities at periodical intervals so as to take suitable and timely remedial action.

2. The two suggestions mentioned in para 1 have been examined.  Although the appellate authorities are expected to give a high priority to the disposal of appeals, there might be cases in which the hands of the appellate authority are too full and it may not be able to devote the time and attention required for the disposal of appeals within a short period.  In such case the appellate authority can be relieved of his normal work to such an extent as would be necessary to enable him to devote the required time and attention to the disposal of appeals pending before him by redistribution of that work amongst other officers.  If, however, the number of appeals received or pending with any particular appellate authority is very large, the appellate work itself  could be redistributed as far as possible among a number of officers of equivalent rank and in any case not below the rank of the appellate authority through a general order issued in exercise of the powers under Rule 24 of the CCS (CCA) Rules.

3. As regards prescribing procedure for review of the position regarding pending appeals, it has been decided that, apart from the provisions laid down in the Manual of Office Procedure whereby cases pending disposal for over a month are reviewed by the appropriate higher authorities, a separate detailed statement of appeals pending disposal for over a month should be submitted by the appellate authority to the next higher authority indicating particularly the reasons on account of which the appeals could not be disposed of within a month and the further appeals could not be disposed of within a month and the further time likely to be taken for disposal of each such appeal, along-with the reasons therefor.  This would enable the appropriate higher authority to go into the reasons for the delay in the disposal of appeals pending for more than a month, and take remedial steps wherever necessary to have the pending appeals disposed of without further delay.  In cases where the appellate authority is the President under Rule 24 of the CCS (CCA) Rules, 1965, the aforesaid statement should be submitted to the Secretary of the Ministry/Department concerned for similar scrutiny.
(Cabinet Sectt. (Department of Personnel), OM No. 39/42/70-Ests.(A) dated the 15th May, 1971).

CENTRAL CIVIL SERVICES (CCA) RULES, 1965
CCS (CCA) RULES - "Government servant' mean

(6)  Disciplinary jurisdiction of Election Commission of India over Government servants deputed for election duties.

Reference is invited to the Department of Personnel and Training’s letter of even number dated 20.03.2008 on the above mentioned subject and to say that attention was drawn therein to the principles and decisions agreed to between the Union Government and the Election Commission of India in respect of disciplinary action against the Government servants deputed for election duties.  The relevant Terms of Settlement have been cited in para 1 of DOPT’s letter No. 11012/7/98-Estt. (A) dated 07.11.2000. As per part(c) of these Terms of Settlement,

(a)  the disciplinary functions of the Election Commission over the officers, staff and police deputed to perform election duties shall extend, inter alia, to making recommendation to the competent authority for taking disciplinary action for any act of insubordination or dereliction of duty while on election duty.; and

(b)  such recommendation shall be promptly acted upon by the disciplinary authority and the action taken will be communicated to the Election Commission within a period of six months from the date of the Commission’s recommendation.
The instructions issued in this regard were reiterated in the Department of Personnel and Training’s letter dated 20-3-2008 wherein it was emphasized that the aforementioned Terms of Settlement have to be complied with while adhering to the provisions of the relevant disciplinary rules.

2.         The matter concerning departmental proceedings against officials appointed on election duty has recently been further considered by the Government.  It has now been decided that it shall be mandatory for the disciplinary authorities to consult the Election Commission if the matter is proposed to be closed only on the basis of  a written explanation given by officer concerned to enable the Commission to provide necessary inputs to the disciplinary authorities before the Disciplinary Authorities take a final decision.

3.  It is requested that the decision referred to in para 2 may be followed by all the State Governments/Union Territory Administration in the cases of officials deputed by them for election duties.                                       [DOPT O.M. No. 11012(4)/2008-Estt. (A) Dated  the 28th July, 2008

CENTRAL CIVIL SERVICES (CCA) RULES, 1965
CCS (CCA) RULES - "Government servant' mean

(5)  Disciplinary jurisdiction of Election Commission of India over Government servants deputed for election duties.

Reference is invited to the Department of Personnel and Training’s O.M. of even number dated 20.03.2008 on the above mentioned subject and to say that attention was drawn therein to the principles and decisions agreed to between the Union Government and the Election Commission of India in respect of disciplinary action against the Government servants deputed for election duties.  The relevant Terms of Settlement have been cited in para 1 of DOPT’s O.M. No. 11012/7/98-Estt. (A) dated 07.11.2000. As per part(c) of these Terms of Settlement,

(a) the disciplinary functions of the Election Commission over the officers, staff and police deputed to perform election duties shall extend, inter alia, to making recommendation to the competent authority for taking disciplinary action for any act of insubordination or dereliction of duty while on election duty.; and

(b) such recommendation shall be promptly acted upon by the disciplinary authority and the action taken will be communicated to the Election Commission within a period of six months from the date of the Commission’s recommendation.
The instructions issued in this regard were reiterated in the DOPT’s O.M. dated 20-3-2008 wherein it was emphasized that the aforementioned Terms of Settlement have to be complied with while adhering to the provisions of the relevant disciplinary rules.

2. The matter concerning departmental proceedings against officials appointed on election duty has recently been further considered by the Government.  It has now been decided that it shall be mandatory for the disciplinary authorities to consult the Election Commission if the matter is proposed to be closed only on the basis of  a written explanation given by officer concerned to enable the Commission to provide necessary inputs to the disciplinary authorities before the Disciplinary Authorities take a final decision.
[DOPT O.M. No. 11012(4)/2008-Estt. (A) Dated  the 28th July, 2008]

CENTRAL CIVIL SERVICES (CCA) RULES, 1965
CCS (CCA) RULES - "Government servant' mean

(4)  Disciplinary jurisdiction of Election Commission of India over Government servants deputed for election duties.

Reference is invited to the Department of Personnel and Training’s O.M. No. 11012/7/98-Estt. (A) dated 07.11.2000 (copy enclosed) on the above mentioned subject and to say that the Election Commission have observed that the Governments in many cases do not initiate proceedings promptly against  Government servants on the Commission’s recommendations.

2.  As per the aforementioned O.M. dated 07.11.2000, disciplinary action against officers, staff and police personnel deputed on election duties shall be governed by the principles and decisions agreed to between the Union Government and the Election Commission and as recorded by the Hon’ble Supreme Court of India in its Order dated 21.09.2000 in Writ Petition (C) No. 606 of 1993 (Election Commission of India vs. Union of India and Ors.).  The terms of settlement were as follows :-

“The disciplinary functions of the Election Commission over officers, staff and police deputed to perform election duties shall extend to –

(a)   Suspending any officer/official/police personnel for insubordination or dereliction of duty;

(b) Substituting any officer/official/police personnel by another such person, and returning the substituted individual to the cadre to which he belongs, with appropriate report on his conduct;

(c) making recommendation to the competent authority, for taking disciplinary action, for any act of insubordination or dereliction of duty, while on election duty.  Such recommendation shall be promptly acted upon by the disciplinary authority, and action taken will be communicated to the Election Commission; within a period of 6 months from the date of the Election Commission’s recommendations;

(d) the Government of India will advise the State Governments that they too should follow the above principles and decisions, since a large number of election officials are under their administrative control.”

It has been brought to the notice of this Department by the Election Commission of  India that in many cases the Governments concerned do not initiate promptly disciplinary action against the delinquent officials as recommended by the Commission as envisaged in the aforesaid agreement.

3.  The instructions issued in terms of the DOPT’s O.M. dated 07.11.2000 are, therefore, reiterated and it is emphasized that the terms of settlement have to be complied with while adhering to the provisions of the relevant disciplinary rules.  The recommendations of the Election Commission made to the Competent Authority for taking disciplinary action for any act of insubordination or dereliction of duty while on duty shall be promptly acted upon by the disciplinary authority and action taken should be communicated to the Election Commission within a period of six months from the date of the Election Commission’s recommendations.

4. All Ministries/Departments are requested to bring the aforementioned Terms of Settlement and the contents of para 3 above to the notice of all concerned for information and compliance.
[DOPT O.M. No. 11012(4)/2008-Estt. (A)Dated  the 20th March, 2008].

Source: Persmin

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