Css (Cca) Rules
-
Upload
gyanendra-kumar-tiwari -
Category
Documents
-
view
231 -
download
3
Transcript of Css (Cca) Rules
-
8/6/2019 Css (Cca) Rules
1/57
CCS(CCA) Rules 1965
APPLICABILITY (Rule-3) -- To everyGovt Servant and civilian Govt Servant
in Defence Services Not applicable to Railway G.S.
Member of All India Service
Person in casual employment
Person who could be discharged fromservice less than one months notice
-
8/6/2019 Css (Cca) Rules
2/57
Contd/---
Any person covered by specialprovision
President can exclude any any class ofGovt Servants by order
-
8/6/2019 Css (Cca) Rules
3/57
Penalties - Good and
Sufficient Reasons-Rule -11 Minor
Censure
Withholding of promotion
Recovery, whole or part of pecuniary lossby negligence or breach of orders
Reduction to a lower stage - by one stage- not more than 3 years - withoutcumulative effect - no adverse affect onpension
Withholding of increments of pay
-
8/6/2019 Css (Cca) Rules
4/57
Contd..
Major Reduction to a lower stage for a specified period, with
directions whether or not he will earned increments during
the period of reduction and whether on expiry of suchperiod the reduction will or will not have effect of postponing future increments of pay
Reduction to a lower time scale, grade, post, ordinarily barto promotion to post from which reduced. This to be with
or without directions regarding conditions for restoration,seniority and pay on such restoration
-
8/6/2019 Css (Cca) Rules
5/57
Contd/---
Compulsory Retirement
Removal (not a disqualification forfuture employment under Govt)
Dismissal (Ordinarily a disqualificationfor future employment under Govt)
-
8/6/2019 Css (Cca) Rules
6/57
Contd..
Proviso
Assets disproportionate, accepting
gratification, doing official act
ifestablished removal or dismissal to beimposed
Exceptional Case, Special reason,recorded in writing any other penalty
-
8/6/2019 Css (Cca) Rules
7/57
EFFECTS OF PENALTY
CENSURE-formal and public act toconvey guilt for a blameworthy act
Warning is an administrative action.Keep in personal file. If necessary tokeep in APAR Dossier. Communicate.
No direct financial effect
Indirect adverse effect if promotionwithheld or postponed
-
8/6/2019 Css (Cca) Rules
8/57
Contd/--
Post disciplinary proceedings-if someblame - atleast censure be awarded
A mere censure no bar for promotionsince entire record considered and ifhe otherwise has a good record he is
saved from adverse effect of censure
-
8/6/2019 Css (Cca) Rules
9/57
Contd/--
WIDHHOLDING OF PROMOTION
- There is bound to be financial loss
due to delayed promotion
- Right to be considered exists butpromotion only after penalty over
- Note that no purpose in this penaltyif the person not within zone ofconsideration
-
8/6/2019 Css (Cca) Rules
10/57
Contd/--
RECOVERY FROM PAY
-Only effect is loss of pay due to
recovery
-No other effect
-Purpose is to recover loss and topunish
-Recovery commensurate with lossattributable to him and not to impair his
future
-
8/6/2019 Css (Cca) Rules
11/57
Contd/--
-Recovery could be spread over
-Could even be prosecuted in a
criminal court if misconductinvolves punishable offence
-
8/6/2019 Css (Cca) Rules
12/57
Contd/--
REDUCTION TO LOWER STAGE INTIME SCALE
- within time scale and hence notbelow minimum
- period of reduction limited-3 years
- draws normal increments duringperiod of reduction
- entitled to normal pay on expiry of
period of penalty
entitled otherwise
-
8/6/2019 Css (Cca) Rules
13/57
Contd/--
WITHHOLDING OF INCREMENTS
-FR-24, increment allowed unless
withheld
-With or without cumulative effect
-If with CE, period of penalty excludedfor ever - loss severe and recurring
-
8/6/2019 Css (Cca) Rules
14/57
Contd/--
During currency of the punishmentpromotion not permissible
REDUCTION TO LOWER STAGE
-full enquiry must
-for specified period
-reduction to any lower stage in timescale but not below minimum
-
-
8/6/2019 Css (Cca) Rules
15/57
Contd/--
- Authority to indicate whether normalincrements allowed during period of
punishment- whether reduction will have effect ofpostponing future increments and to
what extent
-
8/6/2019 Css (Cca) Rules
16/57
Contd---
REDUCTION TO LOWER TIME SCALE
--IMPOSED FOR SPECIFIED PERIOD
--Period to be indicated-for reduction
--seniority on restoration
--whether on restoration the period ofreduction shall postpone futureincrements and to what extent
-
8/6/2019 Css (Cca) Rules
17/57
-
8/6/2019 Css (Cca) Rules
18/57
Contd/--
--reduction not to exceed one third offull compensation pension or gratuity
or both --leave encashment allowed
-
8/6/2019 Css (Cca) Rules
19/57
Contd/--
REMOVAL OR DISMISSAL
--forfeiture of retirement benefits
--compassionate allowance not morethan two third of compensationpension or gratuity or both admissible
-
8/6/2019 Css (Cca) Rules
20/57
Disciplinary Authority-DA
Rule-2(g) Authority competent to impose on G.S.any penalty specified in Rule-11
DA has full control over employees
Rule 12 indicates the D As1. President - any penalty on G. S.2. A A or Authority in Schedule or any other
Authority empowered by general or special order ofPresident
ASSTT Grade of CSS-AA --- PresidentCompetent Authority for Penalties--- PresidentWhich Penalties --- All
-
8/6/2019 Css (Cca) Rules
21/57
Process of Disciplinary
Proceedings Preliminary Enquiry
- intimation commission offence
- collection of facts
- may or may not associated
- even ex parte
- evidence collected- GS may be given opportunity on
allegations-further investigationunnecessary
-
8/6/2019 Css (Cca) Rules
22/57
Contd---
- fact finding nature
- decide based on report and preliminary
evidences if a prima facie case made out-certain offence-misconduct-misbehavior-dereliction of duty
- not to express definite opinion
- to decide whether GS guilty or not
- prima facie case for criminal or civil
-
8/6/2019 Css (Cca) Rules
23/57
Contd---
- action can also be taken outside sphereof official duties if reflecting on his-
reputation for good faith, honesty,integrity and devotion to duty
-
8/6/2019 Css (Cca) Rules
24/57
Contd/--
Initiation of proceedings
- decision taken for formal disciplinary
proceedings- to decide whether proceedings under
Rule 14 or Rule 16-seriousness of misconduct and character of COconsidered
- Major Penalty appropriate in casesinvolving
-
8/6/2019 Css (Cca) Rules
25/57
Contd--
- gross irregularity or negligence
- misuse of official position
- disclosure of confidential information- false claims, distinct lack of character
- moral turpitude
- failure to maintain integrity
-
8/6/2019 Css (Cca) Rules
26/57
Contd---
Suspension
- To decide now itself if to place GS under
suspension pending disciplinaryproceedings
-
8/6/2019 Css (Cca) Rules
27/57
Contd/---
Appropriate disciplinary authority inmajor penalty proceedings-to be
checked Minor Penalties Procedure
- inform GS in writing of proposal for action
- providing statement of imputations ofmisconduct or misbehavior givingreasonable time
- grounds for action to be reduced to formof definite articles of char e
-
8/6/2019 Css (Cca) Rules
28/57
Contd/--
Charge clear, precise and specific
Quote the rule which has been
violated
Not necessary to give facility toinspect records-where it is main
grounddenial may handicap-merits
considered by DA
DA to consider everything and decide
allegations proved or not
-
8/6/2019 Css (Cca) Rules
29/57
Contd--
If elements of major penalty then fullinquiry must-withhold incrementsand
affecting pension, withholdingincrements for more than 3 years,withholding with cumulative effect
-
8/6/2019 Css (Cca) Rules
30/57
Contd/--
Major Penalty
Article 311(2)
Charge sheet accompanied bystatement of articles of charge,statement of imputations of
misconduct or misbehaviour in supportof articles of charge, list of documentsto substantiate articles of charge and
list of witnesses to substantiate
-
8/6/2019 Css (Cca) Rules
31/57
Contd/--
Unqualified apology
DA to avoid being IO
Appoint IO
Nominate PO to present the case onbehalf of DA
-
8/6/2019 Css (Cca) Rules
32/57
Contd/--
Inquiry
DA to send all documents to IO
IO-notice to CO
Asked whether admits
If no-formal enquiry starts
Dally order sheet maintained
Reasonable opportunity to both parties
Principles of natural justice
-
8/6/2019 Css (Cca) Rules
33/57
Ex parte enquiry
Does not submit written defence
Fails to comply with rules
Does not appear before IO
-
8/6/2019 Css (Cca) Rules
34/57
Report of IO
Based on evidence
Record reasoned conclusions whether
charges proved or not
Findings of DA----
Report assists DA to conclude
If disagrees on any point-record it
Give report to Co with tentativereasons for disagreement to enablere resent
-
8/6/2019 Css (Cca) Rules
35/57
Contd
Final Orders
Decision of DA is judicial
-
8/6/2019 Css (Cca) Rules
36/57
Charge Sheet
It is prima facie proven essence of allegations
Purpose to inform person of charges so thatto reply and defend
If not, the circumstances, document andoral evidence person handicapped in
defense
Proper Charge Sheet before regular inquiry
-
8/6/2019 Css (Cca) Rules
37/57
Contents
Substance of misconduct definite anddistinct articles of charge
Statement of misbehavior in support of each
article of charge
all relevant factsincluding admission by person concerned
List of documents and List of witnessed bywhom the charges proposed to be sustained
Reasonable time to reply. Asking to filewritten statement if any, desired to beheard in person and time limit for reply
-
8/6/2019 Css (Cca) Rules
38/57
Functionaries
I.O. DA can hold inquiry but general practice is for an impartial
officer to do it and submitted to DA Appointed after reply to charge sheet not satisfactory
Prosecutor can not be a judge
Not subject to directions and control of DA Impartial and free from bias Witness cannot be I.O. knowledge of rules and procedure Higher in rank then C.O.
Writing adverse CR no indication of bias
Representation against I.O. possible Role for bringing out correct facts as per procedure and
conduct an impartial hearing to C.O.
-
8/6/2019 Css (Cca) Rules
39/57
Presenting Officer
To present the case before I.O. in support of charges Normally officer of organisation, familiar with subject and
handling inquiries Legal person can be appointed if rules allow. Defence can also
ask for the same DA to appoint DA to provide all papers like article of charge, statement of
defense, statement of witness, evidence of delivery of chargesheet and appointment order in respect of I.O.
Role is to help the I.O. to reach truth by presenting the case
of DA in correct prospective
-
8/6/2019 Css (Cca) Rules
40/57
Defence Assistant
C.O. can take DA from any employee
Not more than 3 cases on hand
Retired employee can assist
Should take permission of hiscontrolling authority. If problem,
another DA can be taken
-
8/6/2019 Css (Cca) Rules
41/57
Misconduct
Negligence, ill motive. InnocentMistake and error of judgment not
misconductViolation of express or implied
condition of service is misconduct
Vandalism under liquor
Assets disproportionate to knownsources of income
-
8/6/2019 Css (Cca) Rules
42/57
Suspension
Temporary deprivation of office Master servant relationship continuous Subsistence allowance given Not penalty interim order functions and privileges under
abeyance No loss of rank Continuous subject to same discipline Cannot engage in other employment because subject to
conduct rules Cannot be ask to do duty Administrative action, public interest AA can suspend or other permitted.
-
8/6/2019 Css (Cca) Rules
43/57
SUSPENSION RELATED
WHEN
1. OFFENCE OR MISCONDUCT-
MORAL TURPITUDE2. CORRUPTION,
ISAPPROPRIATION,
DISPROPOTIONATE ASSETS,MISUSE OF OFFICIAL POWER FOROFFICIAL GAIN
3. SERIOUS NEGLIGENCE
-
8/6/2019 Css (Cca) Rules
44/57
Contd/---
DESERTION OF DUTY
REFUSAL OR DELIBERATE FAILURE
TO CARRY OUT WRITTEN ORDERS OFSUPERIOR OFFICERS
-
8/6/2019 Css (Cca) Rules
45/57
-
8/6/2019 Css (Cca) Rules
46/57
Factors Concerning
Suspension1.HQ-permission to leave HQ Station of posting before suspension is the
HQ Change
grounds of public interest
2. Resignation-see the merits Public interest No moral turpitude or evidence not strong
leading to conclusion that removal ordismissal will follow-or protracted-resignation be accepted
-
8/6/2019 Css (Cca) Rules
47/57
Contd/--
3. Leave-FR55-leave prohibited
4. Retirement-provisional pension. No
gratuity until conclusion5. Leave encashment-if retired before
termination of depttal or courtproceedings-may withhold whole orpart of cash equivalent of earnedleave-if chance of some recovery due
-
8/6/2019 Css (Cca) Rules
48/57
Contd/--
5. Death-proceedings terminate. Entire periodbetween date of suspension and date of deathtreated as duty for all purpose
6. Promotion/Confirmation
Suitability will be considered
Assessment and grading in sealed cover
If free sealed cover to be opened and date of promotionto be determine reference to position as per sealed cover
and date of promotion of next junior If necessary junior post officiating person reverted
If penalized sealed cover finding ignored and promotioncase will be considered by next DPC
-
8/6/2019 Css (Cca) Rules
49/57
Contd/--
7.Departmental examination
Allowed. Promoted when proceedings over
If punished, decided to promote, promotion afterexpiry of penalty (other than censure)
8.Forwarding of application - No
9.Subsistence allowance
FR/53. first three month such allowance equal toleave salary as if on half pay
Review, 50% increase or decrease
-
8/6/2019 Css (Cca) Rules
50/57
Contd/--
10. DA permitted base on subsistentallowance
11. Recoveries income tax-yes
House rent and allied-yes
Repayment of loans and advances from govt
yes as per rates fixed
CGHS - yes
CGEGIS - yes
-
8/6/2019 Css (Cca) Rules
51/57
Contd/--
12. Optional-with written consent of GS premium due on PLI
cooperatives society
refund of advance from GPF
13. Deductions not to be made GPF subscription
amount on court attachment
recovery of loss to govt GS responsible
-
8/6/2019 Css (Cca) Rules
52/57
Contd/--
Advance for purchase of conveyance-no HBA-yes collateral security in the shape of
mortgage bond from two pmt Central Govt.Servants
Def Asstt -can be Defence Assistant TA-yes in the context of disciplinary proceedings
related hearing CEA-yes
LTC-not himself but family Writing ACR?APAR-no if during major part he was
under suspension
-
8/6/2019 Css (Cca) Rules
53/57
PNJ
Fair play in action
No one shall be a judge in his own
case. No personnel interest in thecase by the person deciding
Hear the other side
-
8/6/2019 Css (Cca) Rules
54/57
Appeal
An appeal to appellate authority againstorder of DA
When not specified, for Gr A or B lies to AA
(if order by subordinate authority), toPresident if by any other authority. To Gr Cor D to authority to which order makingauthority is immediate subordinate
Within 45 days from date of order appealedagainst is delivered Appeal cannot be withheld
-
8/6/2019 Css (Cca) Rules
55/57
Appellate Authority to see
Whether procedure followed and if notwhether it has led to violation of constitution or failure to justice
Whether D A has reached findings basedon evidence of record Penalty is adequate, inadequate or severe Perssonal hearing not must. If appeal
against an order on major penalty andspecific request for personal hearing therequest can be allowed
-
8/6/2019 Css (Cca) Rules
56/57
Revision
If G S not satisfied with order of A A, request tohigher authority ( above A A ) can be made .
Power of Revision with President .
No time limit for revision . In case of A A, order tobe passed within 6 months of date of orderproposed for revision .
Treated as if Appeal under rules .
Proceeding for revision only after expiry of periodof limitation of appeal or disposal of appeal
-
8/6/2019 Css (Cca) Rules
57/57
Review
President has the power to Review anyorder including an order passed in
revision Condition is that any new fact or
material having the effect of changing
the nature of the case comes to hisnotice .