CCS (CCA) RULES 1965 –
AN OVERVIEW
1
CCS(CCA) RULES,1965
 RULE-1
Came into effect with from 1-12-1965
 RULE 2
Interpretation
2
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
3
APPOINTING ATHORITIES
(RULES 8 & 9)
GROUP ‘A’ POSTS : PRESIDENT
GROUPS ‘B’, ‘C’ & ‘D’ POSTS:-AUTHORITIES SPECIFIED
IN THE SCHEDULE.
4
Rule 10 SUSPENSION
 Suspension – only for frauds, irregularities or omission
causing loss to govt which justify imposition of a major
penalty
 Suspension is not a punishment – CGS can prefer appeal
 Deemed suspension – if detained in police custody for
exceeding 48 hours – if convicted by a court and is
sentenced for imprisonment exceeding 48 hours
 Deemed suspension – when penalty of dismissal,removal
or compulsory retirement is set aside on appeal.
August 6,
2024
5
SUSPENSION CONTD…
 Appointing authority, Disciplinary authority or any
other authority immediately subordinate and is
empowered can suspend a govt servant.
 Review of suspension by committee every three
months – not necessary if the GS continues under
police custody
 Review of subsistence allowance and recording
orders
 Revoking of Suspension – by the authority which
invoked the suspension or by his immediate higher
authority
 Extension of suspension should not exceed 180
days at a time.
August 6,
2024
6
Rule 11- PENALTIES
Minor :
 Censure,
 Withholding of promotion,
 Recovery from pay for causing loss to
govt by negligence or breach of order
 (a) reduction to lower stage by one
stage for a period not exceeding 3 years
without cumulative effect and not
adversely affecting pension
 Withholding increments of pay
August 6,
2024
7
PENALTIES CONTD……….
MAJOR
 Reduction to a lower stage in the time scale of pay for a specified period
with further direction whether the GS will earn increments during the
period of reduction and whether on expiry of the period, the reduction
will or will not have the effect of postponing future increments
 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 GS during such specified period to the time scale of pay, grade,
post or service from which he was reduced n with direction as to whether
or not on promotion on the expiry of the said specified period; (a) the
period of reduction to the time scale of pay, grade, post or service shall
operate to postpone future of increments of pay and if so to what extent;
and (b) the GS shall regain his original seniority in the higher time scale of
pay, grade, post or service
 Reduction to lower grade, service, post is possible only if the CGS had held
such grade, service or post
August 6,
2024
8
PENALTIES CONTD……….
 Compulsory Retirement from service
 Removal from service
 Dismissal from service
9
FRAMING OF CHARGE SHEET
 Charge sheet for imposition of minor penalty in two
parts – a forwarding memorandum and the statement of
imputations
 Charge sheet for major penalty in four parts …….
 Annexure I – Articles of charge
 Annexure-II – Statement of imputation to furnish
elaborate details of the Article of charge covering all
the documents and witnesses
 Annexure-III – List of documents covered in Annexure-II
 Annexure-IV - List of witnesses covered in Annexure-II
August 6,
2024
10
Framing of Charge sheet contd..
 Selection of charges – simple, precise, easy to understand,
easy to prove – should not be vague
 Articles of charges framed to be brief, specific and
mention the departmental rule which has been violated
apart from conduct rule violated
 3(1)(i) to be quoted when integrity is suspected
 3(1)(ii) to be quoted when devotion to duty is suspected
 3(1(iii) to be quoted when unbecoming of a govt servant is
alleged
 3(2)(i) is to be used when the supervisor fails to ensure
integrity and devotion duty of his subordinates
August 6,
2024
11
Procedure for Major Penalty
proceedings
 IA to be appointed to conduct inquiry. He should not be material
witness in the case and should not have recorded any opinion
about the case in any file
 IA to be appointed after receipt of written defence
 Retd. Govt. servant can be appointed as IA
 Witness not to be appointed as IA
 PO appointed to be sufficiently junior to IA. PO is the advocate
of the disciplinary authority for presenting his case before the IA
 IA to commence inquiry by sending notice for preliminary hearing
 IA has to maintain “daily order sheet” of all important events
occurring during the course of inquiry as well as the record of the
business transacted on each day of hearing and the orders passed
by him.
 Daily order sheet to be signed by the IA, PO and CGS
August 6,
2024
12
Major penalty proceedings…..
 During preliminary hearing, each article of charges to be read out and if
the CGS pleads guilty of all charges, the IA to return a finding of guilt. If
charges partially admitted or refused, inquiry to continue
 CGS can appoint defence assistant. Professional legal practitioners are
normally not allowed unless PO is a legal practitioner. If the defence
assistant is another govt employee, permission of his controlling
authority is necessary. He should not be having more than three cases
on hand.
 Retired govt servants can function as defence assistant .
 At the close of preliminary hearing , IA to pass order for inspection of
listed documents by the CGS and also direct CGS to submit a list of
witnesses to be examined on his behalf, list of additional documents
with its relevance
 During inspection of documents, care to be taken to avoid, mutilation,
tampering with or destructions of documents.
 Right of access to listed documents is complete
 Right of access to other documents requested for by the CGS not
unlimited. At the same time, the IA can refuse permission for access to
additional documents only on the ground of non-relevancy. Access to
preliminary inquiry report may reasonably be denied.
August 6,
2024
13
Major penalty proceedings…..
 On receipt of Inquiry Report, the disciplinary authority has
the following options
 To accept the finding of the IA.
 To disagree with the findings of the IA and to record his own
findings on all or any of the articles of charge after recording
reasons in writing for the disagreement and communicate to
the CGS while furnishing a copy of the report.
 Copy of the Inquiry Report to be given to the CGS in all cases
 On consideration of the Inquiry report, if the disciplinary
authority is of the opinion that a major penalty is to be
imposed, an order should be passed accordingly. In case
minor penalty is considered adequate, an order to be passed
accordingly
 Final order to be a speaking order and to be signed by the
disciplinary authority
 No mention of previous bad record, punishment etc, be made
unless the same is mentioned in the charge sheet
August 6,
2024
14
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
15
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
16
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
17
RULE 25 - PERIOD OF
LIMITATIONS
 NO APPEAL LIES BEYOND 45 DAYS
 APPELLATE AUTHORITY MAY ENTERTAIN APPEAL AFTER
EXPIRY PERIOD IF SATISFIED
18
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
19
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.
20
RULE 29-A - REVIEW
21
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
Thank You
22

CCS (CCA) Rules 1972 as Modified and Amended

  • 1.
    CCS (CCA) RULES1965 – AN OVERVIEW 1
  • 2.
    CCS(CCA) RULES,1965  RULE-1 Cameinto effect with from 1-12-1965  RULE 2 Interpretation 2
  • 3.
    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 3
  • 4.
    APPOINTING ATHORITIES (RULES 8& 9) GROUP ‘A’ POSTS : PRESIDENT GROUPS ‘B’, ‘C’ & ‘D’ POSTS:-AUTHORITIES SPECIFIED IN THE SCHEDULE. 4
  • 5.
    Rule 10 SUSPENSION Suspension – only for frauds, irregularities or omission causing loss to govt which justify imposition of a major penalty  Suspension is not a punishment – CGS can prefer appeal  Deemed suspension – if detained in police custody for exceeding 48 hours – if convicted by a court and is sentenced for imprisonment exceeding 48 hours  Deemed suspension – when penalty of dismissal,removal or compulsory retirement is set aside on appeal. August 6, 2024 5
  • 6.
    SUSPENSION CONTD…  Appointingauthority, Disciplinary authority or any other authority immediately subordinate and is empowered can suspend a govt servant.  Review of suspension by committee every three months – not necessary if the GS continues under police custody  Review of subsistence allowance and recording orders  Revoking of Suspension – by the authority which invoked the suspension or by his immediate higher authority  Extension of suspension should not exceed 180 days at a time. August 6, 2024 6
  • 7.
    Rule 11- PENALTIES Minor:  Censure,  Withholding of promotion,  Recovery from pay for causing loss to govt by negligence or breach of order  (a) reduction to lower stage by one stage for a period not exceeding 3 years without cumulative effect and not adversely affecting pension  Withholding increments of pay August 6, 2024 7
  • 8.
    PENALTIES CONTD………. MAJOR  Reductionto a lower stage in the time scale of pay for a specified period with further direction whether the GS will earn increments during the period of reduction and whether on expiry of the period, the reduction will or will not have the effect of postponing future increments  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 GS during such specified period to the time scale of pay, grade, post or service from which he was reduced n with direction as to whether or not on promotion on the expiry of the said specified period; (a) the period of reduction to the time scale of pay, grade, post or service shall operate to postpone future of increments of pay and if so to what extent; and (b) the GS shall regain his original seniority in the higher time scale of pay, grade, post or service  Reduction to lower grade, service, post is possible only if the CGS had held such grade, service or post August 6, 2024 8
  • 9.
    PENALTIES CONTD……….  CompulsoryRetirement from service  Removal from service  Dismissal from service 9
  • 10.
    FRAMING OF CHARGESHEET  Charge sheet for imposition of minor penalty in two parts – a forwarding memorandum and the statement of imputations  Charge sheet for major penalty in four parts …….  Annexure I – Articles of charge  Annexure-II – Statement of imputation to furnish elaborate details of the Article of charge covering all the documents and witnesses  Annexure-III – List of documents covered in Annexure-II  Annexure-IV - List of witnesses covered in Annexure-II August 6, 2024 10
  • 11.
    Framing of Chargesheet contd..  Selection of charges – simple, precise, easy to understand, easy to prove – should not be vague  Articles of charges framed to be brief, specific and mention the departmental rule which has been violated apart from conduct rule violated  3(1)(i) to be quoted when integrity is suspected  3(1)(ii) to be quoted when devotion to duty is suspected  3(1(iii) to be quoted when unbecoming of a govt servant is alleged  3(2)(i) is to be used when the supervisor fails to ensure integrity and devotion duty of his subordinates August 6, 2024 11
  • 12.
    Procedure for MajorPenalty proceedings  IA to be appointed to conduct inquiry. He should not be material witness in the case and should not have recorded any opinion about the case in any file  IA to be appointed after receipt of written defence  Retd. Govt. servant can be appointed as IA  Witness not to be appointed as IA  PO appointed to be sufficiently junior to IA. PO is the advocate of the disciplinary authority for presenting his case before the IA  IA to commence inquiry by sending notice for preliminary hearing  IA has to maintain “daily order sheet” of all important events occurring during the course of inquiry as well as the record of the business transacted on each day of hearing and the orders passed by him.  Daily order sheet to be signed by the IA, PO and CGS August 6, 2024 12
  • 13.
    Major penalty proceedings….. During preliminary hearing, each article of charges to be read out and if the CGS pleads guilty of all charges, the IA to return a finding of guilt. If charges partially admitted or refused, inquiry to continue  CGS can appoint defence assistant. Professional legal practitioners are normally not allowed unless PO is a legal practitioner. If the defence assistant is another govt employee, permission of his controlling authority is necessary. He should not be having more than three cases on hand.  Retired govt servants can function as defence assistant .  At the close of preliminary hearing , IA to pass order for inspection of listed documents by the CGS and also direct CGS to submit a list of witnesses to be examined on his behalf, list of additional documents with its relevance  During inspection of documents, care to be taken to avoid, mutilation, tampering with or destructions of documents.  Right of access to listed documents is complete  Right of access to other documents requested for by the CGS not unlimited. At the same time, the IA can refuse permission for access to additional documents only on the ground of non-relevancy. Access to preliminary inquiry report may reasonably be denied. August 6, 2024 13
  • 14.
    Major penalty proceedings….. On receipt of Inquiry Report, the disciplinary authority has the following options  To accept the finding of the IA.  To disagree with the findings of the IA and to record his own findings on all or any of the articles of charge after recording reasons in writing for the disagreement and communicate to the CGS while furnishing a copy of the report.  Copy of the Inquiry Report to be given to the CGS in all cases  On consideration of the Inquiry report, if the disciplinary authority is of the opinion that a major penalty is to be imposed, an order should be passed accordingly. In case minor penalty is considered adequate, an order to be passed accordingly  Final order to be a speaking order and to be signed by the disciplinary authority  No mention of previous bad record, punishment etc, be made unless the same is mentioned in the charge sheet August 6, 2024 14
  • 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 15
  • 16.
    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 16
  • 17.
    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 17
  • 18.
    RULE 25 -PERIOD OF LIMITATIONS  NO APPEAL LIES BEYOND 45 DAYS  APPELLATE AUTHORITY MAY ENTERTAIN APPEAL AFTER EXPIRY PERIOD IF SATISFIED 18
  • 19.
    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 19
  • 20.
    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. 20
  • 21.
    RULE 29-A -REVIEW 21 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
  • 22.