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SESSION OVERVIEW

SESSION OVERVIEW

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SESSION OVERVIEW

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  1. SESSION OVERVIEW • PROVISION OF ARTICLE 311 OF THE CONSTITUTION OF INDIA • APPLICABILITY OF CCS(CCA) RULES,1965 • INTERRELATION BETWEEN CCS(CCA) RULES, 1965 AND CCS(CONDUCT) RULES,1964

  2. LEARNING OBJECTIVE • To familiarize the participants with the various provisions of the CCS (CCA) Rules,1965 • Correct understanding and application of the CCS (CCA) Rules • Widen learner’s knowledge in matters of service jurisprudence

  3. CCS(CCA) RULES,1965 • RULE-1 Came into effect with from 1-12-1965 • RULE 2 • APPOINTING AUTHORITY • CADRE AUTHORITY • DISCIPLINARY AUTHORITY • HEAD OF THE DEPARTMENT • HEAD OF OFFICE

  4. RULE 3 - APPLICATION. • Applies to all central Government Servants including civilians in defence services • Does not apply to railway servants, members of All India Services, persons in casual employment etc

  5. CLASSIFICATION OF SERVICES RULE 4 - CIVIL SERVICES OF THE UNION ARE CLASSIFIED AS: • GROUP A, B, C, D RULE 6 - CLASSIFICATION OF POSTS. CIVIL POSTS OF THE UNION ARE CLASSIFIED AS GROUP A,B,C,D

  6. APPOINTING ATHORITIES (RULES 8 & 9) GROUP ‘A’ POSTS : PRESIDENT GROUPS ‘B’, ‘C’ & ‘D’ POSTS:-AUTHORITIES SPECIFIED IN THE SCHEDULE.

  7. RULE 10 - SUSPENSION • AUTHORITIES WHO CAN PLACE GOVT SERVANTS UNDER SUSPENSION:- • APPOINTING AUTHORITY OR ANY AUTHORITY TO WHICH IT IS SUBORDINATE • DISCIPLINARY AUTHORITY

  8. RULE 10 - SUSPENSION • AN ORDER OF SUSPENSION DEEMED TO HAVE BEEN MADE OR OTHERWISE SHALL REMAIN IN FORCE TILL IT IS MODIFIED OR REVOKED BY THE AUTHORITY COMPETENT TO DO SO • SUSPENSION CAN BE REVOKED BY THE AUTHORITY WHO SUSPENDED THE EMPLOYEE

  9. RULE 10 - SUSPENSION • DEEMED SUSPENSION: • A govt servant under custody for more than 48 hours for criminal or other charge • From the date of conviction if he is sentenced to a term of imprisonment for more than 48 hrs

  10. RULE 11 - PENALTIES MINOR PENALTIES (i) Censure (ii) Withholding of promotion (iii) Recovery from pay (iv) Reduction to lower stage in time scale-not exceeding 3 years (v) Withholding of increments

  11. RULE 11 - PENALTIES MAJOR PENALTIES: (v) Reduction to lower stage in time scale (Vi) Reduction to lower time scale of pay, grade, post or service which will ordinarily be bar to promotion (Vii) Compulsory retirement

  12. RULE 11 - PENALTIES MAJOR PENALTIES: (viii) Removal from service (ix) Dismissal from service -In respect of proven cases of acceptance of illegal gratification it is mandatory to impose one of the major penalties mentioned above

  13. EXPLANATIONS TO RULE 11 The following are not considered as penalties • Withholding of increment for failure to pass exams • Non-promotion after consideration of the case by DPC • Reversion from higher officiating post on consideration of unsuitability to hold such post • Reversion of a govt servant appointed on probation

  14. DIES-NON NEITHER COUNTED AS SERVICE NOR IS A BREAK IN SERVICE • WHEN A DAY CAN BE MARKED AS DIES-NON • Absence without proper permission • When on duty left without proper permission • While in office refused to perform duties

  15. RULE 12 -DISCIPLINARY AUTHORITIES • PRESIDENT MAY IMPOSE ANY PENALTY ON ANY GOVT SERVANT • APPOINTING AUTHORITY • ANY AUTHORITY SPECIFIED IN THE SCHEDULE TO RULES 5, 9(2),12(2) AND 24

  16. RULE 13 - AUTHORITY TO INSTITUTE PROCEEDINGS. • President or any authority empowered by him may institute disciplinary proceedings against any govt servant • A disciplinary authority competent to impose any minor penalty can initiate major penalty proceedings

  17. RULE 14 - PROCEDURE FOR IMPOSING MAJOR PENALTIES • NO PUNISHMENT WITHOUT ORDERING AN INQUIRY • DISCIPLINARY AUTHORITY MAY ITSELF INQUIRE INTO THE CHARGES • DRAW UP IMPUTATIONS OF MISCONDUCT OR MISBEHAVIOUR IN DEFINITE AND DISTINCT ARTICLE

  18. RULE 14 - PROCEDURE FOR IMPOSING MAJOR PENALTIES • Draw statement of imputations of misconduct or misbehaviour in support of each article including relevant facts, statement of admissions, confessions, etc • A list of documents and a list of witnesses

  19. RULE 14 - PROCEDURE FOR IMPOSING MAJOR PENALTIES • Appoint an inquiry authority (IO) • A presenting officer • Govt servant shall appear in person before the io • May also take the assistance of a defence assistant • The IO shall return a finding of guilt to a charge to which the govt servant pleads guilty

  20. TYPES OF CASES WHICH MERIT ACTION FOR MAJOR PENALTIES • Attempt to obtain illegal gratification • Misappropriation of govt property • Falsification of govt records • Gross irregularity or negligence with a dishonest motive • Misuse of official position • Disclosure of secret or confidential information • False claims on the govt like ta/med. Claims etc

  21. RULE 14 – INQUIRY REPORT AFTER THE CONCLUSION OF INQUIRY, A REPORT SHALL BE PREPARED WHICH SHALL CONTAIN: • Articles of charge and the statement of the imputations of misconduct or misbehaviour • The defence of the govt servant in respect of each article of charge • An assessment of evidence in respect of each article of charge • The findings on each article of charge

  22. RULE 15 - ACTION ON INQUIRY REPORT • REMIT FOR FURTHER INQUIRY • DISAGREE WITH THE FINDING OF IO • ACCEPT THE REPORT & FORWARD COPY OF THE SAME TO CO • CONSIDER REPRESENTATION • IMPOSE PENALTY OR • DROP CHARGES

  23. RULE 16 - PROCEDURE FOR IMPOSING MINOR PENALTIES • Issue charge sheet as for minor penalty • Hold inquiry if warranted • Take representation if any from the dgs • Record findings on each article • Impose any one of the minor penalties

  24. RULE 17 - COMMUNICATION OF ORDERS • Orders of the disciplinary authority shall be conveyed in writing along with copy of the finding on each article of charge • Where there is disagreement the reasons for disagreement shall also be supplied

  25. RULE 18 - COMMON PROCEEDINGS • WHERE TWO OR MORE GOVT SERVANTS ARE INVOLVED • COMMON PROCEEDINGS AGAINST THE ACCUSED AND THE ACCUSER

  26. RULE 19 - SPECIAL PROCEDURE IN CERTAIN CASES ORDERS CAN BE PASSED WITHOUT FOLLOWING PROCEDURES IN THE FOLLOWING CIRCUMSTANCES: • It is not reasonably practicable to hold inquiry • In the interest of the security of state • Conviction leading to penalty

  27. RULES 20 & 21 • RULE 20 - RELATING TO OFFICERS LENT TO STATE GOVTS • RULE 21 - RELATING TO OFFICERS BORROWED FROM STATE GOVTS

  28. RULE 22 - APPEALS ORDERS AGAINST WHICH N0 APPEAL LIES • ANY ORER MADE BY THE PRESIDENT • AN ORDER OF INTERLOCUTORY NATURE IN A DISCIPLINARY PROCEEDING • ANY ORDER PASSED BY IO IN THE COURSE OF INQURY

  29. RULE 23 - ORDERS AGAINST WHICH APPEAL LIES • An order of suspension • An order imposing penalties • An order enhancing any penalty • An order of reversion while officiating in a higher post • Reducing or withholding pension

  30. RULE 24 - APPELLATE AUTHORITY A GOVT SERVANT MAY PREFER APPEAL AGAINST ANY ORDERS • TO THE APPOINTING AUTHORITY WHERE THE ORDER APPEALED AGAINST IS MADE BY AN AUTHORITY SUBORDINATE TO IT • TO THE PRESIDENT

  31. RULE 25 - PERIOD OF LIMITATIONS • NO APPEAL LIES BEYOND 45 DAYS • APPELLATE AUTHORITY MAY ENTERTAIN APPEAL AFTER EXPIRY PERIOD IF SATISFIED

  32. RULE 26 - FORM AND CONTENT OF APPEAL • SEPARATELY AND IN HIS OWN NAME • TO THE AUTHORITY TO WHOM APPEAL LIES • SHALL NOT CONTAIN ANY DISRESPECTFUL OR IMPROPER LANGUAGE

  33. RULE 27 - CONSIDERATION OF APPEAL • APPELLATE AUTHORITY TO ENSURE THE LAID DOWN PROCEDURE HAVE BEEN COMPLIED WITH • FINDING OF THE DA ARE WARRANTED BY THE EVIDENCE ON RECORD • THE PENALTY IMPOSED IS ADEQUATE, INADEQUATE OR SEVERE

  34. RULE 27 - CONSIDERATION OF APPEAL (Contd.) • PASS ORDERS • CONFIRM • ENHANCE • REDUCE • SET ASIDE THE PENALITY

  35. RULE 28 IMPLEMENTATION OF ORDER IN APPEAL

  36. RULE 29 - REVISION The president or any other empowered authority may at any time either on his own motion or otherwise call for records and revise any order made under these rules and may

  37. RULE 29 - REVISION (Contd.) • CONFIRM, MODIFY OR SET ASIDE THE ORDER; OR • CONFIRM, REDUCE, ENHANCE OR SET ASIDE THE PENALTY IMPOSED BY THE ORDER;OR • REMIT THE CASE TO THE AUTHORITY WHICH MADE THE ORDER TO MAKE SUCH FURTHER ENQUIRY AS IT MAY CONSIDER PROPER; OR • PASS SUCH OTHER ORDERS AS IT MAY DEEM FIT.

  38. The president may, at any time, either on his own motion or otherwise review any order passed under CCS (CCA) Rules 1965, when any new material or evidence which could not be produced earlier has come or has been brought to his notice RULE 29-A - REVIEW