CCS (CCA) Rules Classification, Control and Appeal Rules
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.
Rule 2. INTERPRETATION • (1) "appointing authority", in relation to a Government servant, means - • the authority empowered to make appointments to the Service or Grade of which the Government servant is being a member or the post which he holds
Rule 2. INTERPRETATION • (2) "Commission" means the Union Public Service Commission; • (3) “Disciplinary authority" means the authority competent under these rules to impose on a Government servant any of the penalties specified in Rule 11; • (4) "Government servant" means a person who is a member of a Service or holds a civil post under the Union,
Rule 2. INTERPRETATION • (5) “Head of the department" for the purpose of exercising the powers as appointing, disciplinary, appellate or reviewing authority, means the authority declared to be the head of the department under the Fundamental and Supplementary Rules or the Civil Service Regulations, as the case may be;
Rule 2. INTERPRETATION • (6) "head of the office" for the purpose of exercising the powers as appointing, disciplinary, appellate or reviewing authority, means the authority declared to be the head of the office under the General Financial Rules; • "Schedule" means the Schedule to these rules;
Rule 3. APPLICATION • (1) 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 .
CCS (CCA) Rules-exclusions • MINSITRY OF COMMUNICATIONS: (Department Posts) • (i) GDS Agents. • (ii) Monthly-rated staff paid from contingencies other than those brought on to regular establishment. • (iii) Monthly-rated work-charged and other employees not on regular establishment.
CCS (CCA) Rules-exclusions • MINSITRY OF COMMUNICATIONS: (Department Posts) • (iv) Daily-rated staff paid from contingencies. • (v) Daily-rated workmen paid by the day, week, month, etc. • (vi) All hot weather and monsoon establishment. • [M.H.A. Notification No. S.R.O. 609, dated the 28th February, 1957]
PART III - APPOINTING AUTHORITY APPOINTMENTS TO GROUP ‘A’ SERVICES AND POSTS: • All appointments to Central Civil Services, Group ‘A’ and Central Civil Posts, Group ‘B’, shall be made by the President: • Provided President may delegate the power to any other authority to make such appointments by a special order.
List of Appointing Authorities • Go through the handouts • Offer your comments • Any questions…….
SUSPENSION-- Rule 10 • 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 a Govt. servant 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 which justify 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 [Rule 10(2)] • 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
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, review of suspension is mandatory ( refer to the notes given) • 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 Government servant. Only some of the normal deductions are permitted from subsistence allowance
Deductions from 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.
Administrative effects • 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 members. • Govt. servant retains lien on his post. • Govt. servant cannot be sent on training, deputation etc. (Contd)
Administrative effects (contd) • 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 accepted with the approval of Minister-in-charge in case of Gr.A and B officers and Head of Dept. in case of other officers. • Sealed cover procedure has to be followed if a Govt servant under suspension becomes eligible for consideration for promotion etc. (contd)
Other Administrative effects • 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 some money becoming recoverable as a result of the proceedings. • Permission can be given to appear in Departmental Examination, but promotion will be considered only after finalisaiton of the proceedings.
Revocation of suspension • 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.
Put off duty • when there is prima facie case • offence should be so serious in nature likely to lead to removal / dismissal • Appointing authority, the Authority to which Appointing authority is subordinate may order
Put off duty… • IP / ASP can order put off duty of BPM, but should be ratified by divisional supdt within 15 days • Subsistence allowance at 25% • Cases pending over 45 days should be brought to the notice of CPMG/PMG.
Put off duty… Counting `put off’ period for promotion/eligibility for examination to be determined
Rule 11 to 31 of CCS CCA Rule Except Rule 14, 15 and 16
Part V-Rule 11Penalties and Disciplinary Authorities • Nature of penalties that can be imposed: • The following penalties may, ‘for good and sufficient’ reasons and as hereinafter provided, be imposed on a Government servant, namely:-
Part V-Penalties and Disciplinary Authorities • 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;
Major Penalties • (v) save as provided for in clause (iii) (a), reduction to a lower stage in the time-scale of pay for a specified period, with further directions as to whether or not the Government servant will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction will or will not have the effect of postponing the future increments of his pay:
Major Penalties • (vi) reduction to lower time-scale of pay, grade, post or Service for a period to be specified in the order of penalty, which shall be a bar to the promotion of the Government servant during such specified period to the time-scale of pay, grade, post or Service from which he was reduced, with direction as to whether or not, on promotion on the expiry of the said specified period -
Major Penalties • vi-(Continued) • (a) the period of reduction to time-scale of pay, grade, post or service shall operate to postpone future increments of his pay, and if so, to what extent; and • (b) the Government servant shall regain his original seniority in the higher lime scale of pay, grade, post or service.
Major Penalties • (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
Nature of offences that warrant penalties in Clause (viii) & (ix) • 1. The charge of possession of assets disproportionate to known-source of income or • 2. The charge of acceptance from any person of any gratification, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act
Nature of offences that warrant penalties in Clause (viii) & (ix) • if established, the penalty mentioned in clause (viii) or clause (ix) shall be imposed: • Provided further that in any exceptional case and for special reasons recorded in writing, any other penalty may be imposed.
What shall not amount to penalty • (i) withholding of increments of a Government servant for his failure to pass any departmental examination if it is a condition for such an examination. • (ii) non-promotion of a Government servant, whether in a substantive or officiating capacity, to which he is eligible.
What shall not amount to penalty • (iii) reversion of a Government servant officiating in a higher Service to a lower Service on the ground of unsuitability or on any administrative ground unconnected with his conduct; • (iv) reversion of a Government servant, appointed on probation to his permanent Service at the end of the period of probation in accordance with the terms of his appointment or the rules and orders governing such probation;
What shall not amount to penalty • (v) compulsory retirement of a Government servant in accordance with the provisions relating to his superannuation or retirement; • (vi) termination of the services - • (a) of a Government servant appointed on probation, during or at the end of the period of his probation, in accordance with the terms of his appointment or the rules and orders governing such probation, or
What shall not amount to penalty • (vi) termination of the services - • (b) of a temporary Government servant in accordance with the provisions of sub-rule (1) of Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965, or • (c) of a Government servant, employed under an agreement, in accordance with the terms of such agreement.
Distinction between Censure and Warning • An order of “Censure” is a formal and public act intended to convey that the person concerned has been guilty of some blameworthy act or omission for which it has been found necessary to award him a formal punishment. • MHA OM No. 39/21/56-Ests. (A) dated the 13th December, 1956]
Distinction between Censure and Warning • If the matter is not serious enough to justify the imposition of the formal punishment of ‘censure’. it may call for some informal action such as the communication of a written warning, admonition or reprimand, if the circumstances justify it, a mention may also be made of such a warning etc., in the officer’s confidential roll. • So ‘Censure’ is a formal punishment while ‘warning ‘ is an informal punishment.
Action for neglect of family • If a Government servant is reported to have acted in a manner unbecoming of a Government servant as, for instance, by neglect of his wife and family, departmental action can be taken against him on that score without invoking any of the Conduct Rules. • It has been held that neglect by a Government servant of his wife and family in a manner unbecoming of a Government servant may be regarded as a good and sufficient reason to justify action being taken against him under this rule. • [MHA OM No. F.25/16/59-Ests. (A) dated the 1st September, 1959]
Fitness for appearing in Exam –Effect of Censure • The fitness of an eligible candidate, who has been awarded the penalty of censure, to appear at the examination has to be considered on the basis of an overall assessment of his service record and not merely on the basis of the penalty of censure. • [Cabinet Sectt. (Department of Personnel) OM No. 21/5/70-Ests.(A) dated the 15th May, 1971]
Rule 12:Disciplinary Authorities • (1) The President may impose any of the penalties specified in Rule 11 on any Government servant. • (2) The appointing authority or the authority specified in the schedule in this behalf or by any other authority empowered in this behalf can impose any of the penalties. • 3. In the case of CCS Group ‘C’ and Group ‘D’, the head of the office can impose any of the penalties, except where the head of that office is lower in rank than the authority competent to impose the penalty under sub-rule (2) above .
Officers performing current duties of a post cannot exercise Statutory powers under the Rules • An officer appointed to perform the current duties of an appointment can exercise administrative or financial power vested in the full-fledged incumbent of the post but he cannot exercise statutory powers, whether those powers are derived direct from an Act of Parliament (e.g. Income Tax Act) or Rules, Regulations and Bye-Laws made under various Articles of the Constitution (e.g., Fundamental Rules, Classification, Control and Appeal Rules, Civil Service Regulations, Delegation of Financial Powers Rules etc.) • Note: The officer on current duty can suspend an official.
Rule 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; or/and • (b) direct a disciplinary authority to institute disciplinary proceedings against any Government servant on whom he has powers to impose any of the minor and major penalties .
Rule 13: Authority to Institute Proceedings • (2) A disciplinary authority competent to impose a minor penalty can institute disciplinary proceedings against any Government servant for the imposition of any of the major penalties specified in clauses (v) to (ix) of rule 11 even though he is not competent to impose any of the major penalties.
PART VI - PROCEDURE FOR IMPOSING PENALTIES : • Rule 14: This will be dealt with separately • Rule 15: This will be dealt with separately • Rule 16:This will be dealt with separately
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,