The document discusses rules governing the conditions of service for civil servants in India as per the Constitution. It summarizes key articles and provisions around recruitment and conditions of service (Article 309), the "pleasure doctrine" where civil servants serve at the pleasure of the President or Governor (Article 310), and constitutional protections provided to civil servants against dismissal or removal (Article 311). It also discusses provisions around suspension of civil servants, including who can suspend, the circumstances under which it can be done, deemed suspension, and entitlements during suspension period.

1. Welcome
to
Sessions
on
CCS (CCA) Rules, 1965
Including Constitutional Provisions

2. Article 309-Powers to Make Rules
Governing Conditions of Service
 Subject to the provisions of this
Constitution, Acts of the appropriate
Legislature may regulate the recruitment
and conditions of service of persons
appointed to the public services and posts
in connection with the affairs of the Union
or of any state:
 Provided……
10/1/2023 5:05:28 AM Praveen Prakash Ambashta, Deputy Director

3. …..that it shall be competent for the President or such
person as he may direct in the case of services and posts
in connection with the affairs of the Union, and for the
Governor of a State or such person as he may direct in the
case of services and posts in connection with the affairs of
the state, to make rules regulating the recruitment and
conditions of service of persons appointed, to such
services and posts until provision in that behalf is made by
or under any Act of the appropriate Legislature under this
article, and any rules so made shall have effect subject to
the provisions of any such Act.
Article 309-Powers to Make Rules
Governing Conditions of Service
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4. Article 310-Pleasure Doctrine
 310(1) Except as expressly provided by
this Constitution, every person who is a
member of a defence service or of a civil
service of the Union or of an all-India
service or holds any post connected….
under the Union, holds office during the
pleasure of the President and every
person…..under a State…….holds office
during the pleasure of the Governor of the
State.
10/1/2023 5:05:28 AM Praveen Prakash Ambashta, Deputy Director

5. Article 311- Constitutional
Protection to Civil Servants
 (1) No person who is a member of a civil service of
the Union or an all-India service or a civil service of a
State or holds a civil post under the Union or a State
shall be dismissed or removed by an authority
subordinate to that by which he was appointed.
 (2) No such person as aforesaid shall be dismissed or
removed or reduced in rank except after an inquiry in
which he has been informed of the charges against
him and given a reasonable opportunity of being
heard in respect of those charges.
 Provided that…..
10/1/2023 5:05:28 AM Praveen Prakash Ambashta, Deputy Director

6.  …….where it is proposed after such inquiry to
impose upon him any such penalty, such
penalty may be imposed on the basis of the
evidence adduced during such inquiry and it
shall not be necessary to give such person any
opportunity of making representation on the
penalty proposed:
Provided further that…….
Article 311- Constitutional
Protection to Civil Servants
10/1/2023 5:05:28 AM Praveen Prakash Ambashta, Deputy Director

7. this clause shall not apply-
(a) where a person is dismissed or removed or reduced in
rank on the ground of conduct which has led to his conviction
on a criminal charge; or
(b) where the authority empowered to dismiss or remove a
person or to reduce him in rank is satisfied that for some
reason, to be recorded by that authority in writing, it is not
reasonably practicable to hold such inquiry; or
(c) Where the President or the Governor, as the case may be,
is satisfied that in the interest of the security of the State it is
not expedient to hold such inquiry.
Article 311- Constitutional
Protection to Civil Servants
10/1/2023 5:05:28 AM Praveen Prakash Ambashta, Deputy Director

8.  (3) If, in respect of any such person as
aforesaid a question arises whether it is
reasonably practicable to hold such inquiry
as is referred to in clause (2),the decision
thereon of the authority empowered to
dismiss or remove such person or to
reduce him in rank shall be final.
Article 311- Constitutional
Protection to Civil Servants
10/1/2023 5:05:28 AM Praveen Prakash Ambashta, Deputy Director

9. No Enquiry : Conviction in criminal case
 To inform - misconduct
 Appeal
 Bail
 Double jeopardy
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10. No Enquiry : Not Reasonably Practicable
to Hold Inquiry
 Terrorizes/threatens
 Witnesses
 Enquiry officials
 Members of their family
 Atmosphere of violence or general
indiscipline and insubordination prevails.
 Reasons can arise even during the course
of inquiry.
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11. No Enquiry: Security of State
 President/Governor
 Security of part of India
 May not be rebellion
 Reasons not to be recorded in the order.
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12. SUSPENSION
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13. Who can suspend ?
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14. 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
10/1/2023 5:05:28 AM Praveen Prakash Ambashta, Deputy Director

15. When?
10/1/2023 5:05:28 AM Praveen Prakash Ambashta, Deputy Director

16. 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.
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17. Circumstances which justify suspension
 When the Govt servant is likely to hamper the
proceedings e.g. tempering 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
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18. Deemed suspension
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19. 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
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20. Subsistence allowance-F.R.53
 Payment subjects to non-
employment certificate.
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21. 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, 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
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22. 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.
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23. Suspension-how long?
 Order of suspension under Rule
10(1) or 10(2) shall not be valid
after 90 days
 Unless extended further before
expiry of 90 days.
 Extension of suspension shall not
be for a period > 180 days.
DoPT O.M.No.11012/4/2003-Estt.(A) dt.7.1.2004
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24. 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.
 He cannot be sent on training, deputation etc.
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25. 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 Deptt 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.
10/1/2023 5:05:28 AM Praveen Prakash Ambashta, Deputy Director

26. 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 finalisation of the proceedings.
10/1/2023 5:05:28 AM Praveen Prakash Ambashta, Deputy Director

27. 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.
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28. Action after reinstatement (Rule 10)
 An order for regularisation of period of
suspension has to be issued. The period has
to be treated as duty if the suspension was
wholly unjustified.
 An order regarding pay and allowances
payable for the period of suspension has also
to be issued. Full pay and allowances may be
given if the suspension was wholly
unjustified.
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29. PENALTIES
 Rule 11
MINOR PENALTIES
(i) CENSURE
(ii) WITHHOLDING OF PROMOTION
(iii) RECOVERY FROM THE P AY OF PECUNIARY
LOSS
(iii) (a) REDUCTION TO A LOWER STAGE (not exceeding
3 years, without cumulative effect and without
adversely affecting pension)
(iv) WITHHOLDING OF INCREMENT OF PAY
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30. PENALTIES
MAJOR PENALTIES
(v) REDUCTION TO A LOWER STAGE IN THE TIME
SCALE OF PAY FOR A SPECIFIED PERIOD,
(vi) REDUCTION TO A TIME SCALE OF PAY, GRADE, POST OR
SERVICE
(vii) COMPULSORY RETIREMENT
(viii) REMOVAL FROM SERVICE
(ix) DISMISSAL FROM SERVICE
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31. MISCONDUCT
Any offence or conduct involving:
(i) moral turpitude;
(ii) corruption, embezzlement or misappropriation of
government money, possession of disproportionate
assets, misuse of official powers for personal gain;
(iii) serious negligence and dereliction of duty resulting in
considerable loss to Government;
(iv) desertion of duty;
(v) refusal or deliberate failure to carry out written orders
of superior officers.
In respect of the types of misdemeanor specified in sub
clauses (iii) and (v) discretion has to be exercised with
care.
[MHA OM No. 43/56/64-AVD dated the 22nd October, 1964].
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32. Cases for major penalty
 Cases in which there is reasonable ground to
believe that an offence has been committed but
evidence forthcoming is not sufficient to launch
prosecution in a court of law e.g.
 Possession of disproportionate assets
 Obtaining illegal gratification
 Misappropriation of Govt property or money
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33. Cases for major penalty (contd)
 Falsification of Govt records
 Gross irregularity or Negligence in performance of
official duties with dishonest motives
 Misuse of official position or power for personal
gain
 Disclosure of secret or confidential information
 False claims on Govt like TA, Medical
reimbursement etc
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34. Imposition of a Minor Penalty (Rule 16)
 Inform the Govt servant by a Memorandum giving
him time to make his representation. Enclose
Statement of imputation of misconduct.
 Record the findings on imputations of misconduct
keeping in view the representation of the Govt
servant, if any.
 If imputations are proved, impose one of the minor
penalties otherwise exonerate the Govt servant.
 Consult UPSC if necessary, before imposing
penalty.
 Oral inquiry can be held in exceptional cases.
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35. Imposition of Major Penalty
 Prepare a Charge Sheet.
 Get the Charge Sheet delivered to the Govt Servant.
 If all the charges are admitted, record your findings and
take further action.
 If any charge is denied you can yourself conduct the oral
inquiry or appoint an Inquiry Officer to conduct inquiry as
per the procedure laid down in Rule 14.
 Appoint a Presenting Officer to present the case on behalf
of the Deptt during Oral Inquiry .
 On receipt of the Inquiry Report take further action as may
be necessary based on the findings of the Inquiry Officer.
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36. APPOINTING AUTHORITY
 GP ‘A’ - PRESIDENT
 GP ‘B’ ’C’ & ‘D’ - (A) AUTHORITY SPECIFIED
IN THE SCHEDULE
(B) AUTHORITY EMPOWERED
BY AUTHORITY SPECIFIED
IN SCHEDULE(FOR C & D
ONLY)
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37. Rule 14 (2) of the CCS (CCA) Rules, 1965
provides………“whenever the DA is of the opinion
that there are grounds for inquiring into the truth
of any imputation of misconduct or misbehaviour
against a GS, it may itself inquire into, or appoint
under this rule or under the provisions of the
Public Servants (Inquiries) Act, 1850, as the case
may be, an authority to inquire into the truth
thereof”.
Inquiry Officer
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38. No restriction on the DA in choosing the IO,
however the following remains the guiding
principles:
 Adherence to PNJ; and
Competence of the Person to hold enquiry.
Inquiry Officer
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39. A person from any of the following categories:
(i) a government servant; or
(ii) a retired government servant; or
(iii) a person from outside the Organisation.
(Anand Bazar Patrika Vs Employees, AIR 1964 SC 339)
Who in complaints of sexual harassments?
Inquiry Officer - Who
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40. One of the Commissioners for Departmental Inquiries borne
on the strength of the CVC, in following cases:
(i) a gazetted GS involving lack of integrity
or an element of vigilance angle; or
(ii) a Board Level appointee of PSUs; or
(iii) any other case where Major Penalty
Proceedings have been initiated on the
advice of the CVC.
Requests for exemption should be submitted to the CVC alongwith the
name and designation of the officer proposed to be IO.
Inquiry Officer - Who
10/1/2023 5:05:28 AM Praveen Prakash Ambashta, Deputy Director

41. The person:
(i) should not be interested in the subject matter;
(ii) should not be biased;
(iii) should not be a witness in the proceedings;
(iv) should not have expressed an opinion about the
merits of the case; and
(v) should be sufficiently senior to the charged officer.
Inquiry Officer - Qualifications
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42. Normally, any of these not to be IO:
Disciplinary Authority; or
Immediate superior; or
Witness (State of UP Vs Mohd Noor, AIR 1958 SC 86); or
At whose instance the inquiry is initiated.
What to do when bias has been alleged against
the IO?
Inquiry Officer- Further Guidelines
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43. Rule 14 (5) (c) of the CCS (CCA) Rules, 1965
provides………“where the DA itself inquires into
any article of charge or appoints an Inquiring
Authority for holding any inquiry into such
charge, it may, by an order, appoint a GS or a
legal practitioner, to be known as the “Presenting
Officer” to present on its behalf the case in
support of the articles of charge.
Presenting Officer
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44. Ordinarily, a GS, who is conversant with the facts of the
case and belongs to the department to which the
Charged GS belongs, is appointed as the PO. However,
where the case is complicated and involves points of law,
the DA may appoint a legal practitioner to present the
case on his behalf.
An officer, who made the Prel. Investigation or inquiry
should not be appointed as PO.
In a case investigated by CBI, the DA will appoint the PO
nominated by the agency.
Presenting Officer - who
10/1/2023 5:05:28 AM Praveen Prakash Ambashta, Deputy Director

45. Rule 14 (8) of the CCS (CCA) Rules, 1965 provides……. (a) The
GS may take the assistance of any other GS (HC Sarin V UOI, AIR 1976
SC 1686), who does not already have 3 pending disciplinary cases
on hand, posted in any office either at his HQrs or at the place
where the inquiry is held or at any other station, to present the
case on his behalf, but may not engage a legal practitioner for
the purpose, unless the PO appointed by the DA is a legal
practioner, or the DA, having regard to the circumstances of
the case, so permits;
(b) The GS may also take the assistance of a retired GS to
present the case on his behalf, subject to such conditions as
may be specified by the President from time to time by general
or special order in this behalf.
Defence Assistant
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46. The President has laid down the following conditions:
(i) The retd. GS concerned should have
retired from service under the Central Govt; and
(ii) If the retd. GS is legal practitioner, the
restriction in this regard contained in rule 14(8)
would apply.
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Defence Assistant

47. For the purpose of engagement as DA, who is a GS?
A GS as defined in CCS (CCA) Rules, 1965:
(i) A Central Govt. employee and includes such
persons presently on foreign service or who is temporarily
placed under a state govt or a local or other authority;
(ii) A state govt. employee, who is temporarily
placed under Central govt; and
(iii ) An employee of a local or other authority,
who is temporarily placed under Central govt
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Defence Assistant

48. Does the DA require permission for assisting the Charged GS?
Can suspended GS act as a DA?
The grounds on which engagement of legal practitioner as a DA has
been allowed even where the PO is not a legal practitioner:
Where the GS is, rightly of wrongly, under a reasonable
apprehension that the inquiry was the result of a conspiracy
against him (KS Rao V State, AIR 1957 AP 414);
Where the record of the case is voluminous and the no of
witnesses to be examined is very large (Nitya Ranjan V State, AIR 1962
Orissa 78);
Where the case is highly complicated or difficult involving legal
points, etc; and
Where the statement of the witnesses is recorded in English
language and the CO is illiterate (Babu Lal V Chief Justice, SLR 1969 All.
170)
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Defence Assistant

49. PLAYERS IN A DISCIPLINARY PROCEEDING
INQUIRY OFFICER
PRESENTING
OFFICER
PO
CHARGED
OFFICER
DEFENCE
ASSISTANT
CO
IO
STATE WITNESSES DEFENCE WITNESSES
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50. Examination of Witnesses
Stages
Examination- in -Chief
Cross Examination
Re-Examination
SW
PO
CO
PO
CO
PO
CO
DW
Statement of Defence of
C.O
Mandatory question
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51. When is Central Vigilance
Commission to be consulted?
When a gazetted officer is involved and there is a vigilance
angle
(i) corruption, cheating, bribery, misappropriation, fraud and lack of
integrity;
(ii) abuse of official power/authority for self gain or for anyone else;
(iii) substantial loss to government as a result of grave/ deliberate
negligence or indulgence in nepotism;
(iv) possession of disproportionate assets.
(v) flagrant violation of rules/ regulations/ procedures
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52. What are the two stages at
which CVC is consulted?
(i) First Stage Advice - Commission
indicates action to be taken against the
Government servant, whose conduct has been
investigated.
(ii) Second Stage Advice - Commission
considers the report of the Inquiry officer and
advises the disciplinary authority about the
penalty to be imposed
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53. APPEAL
 PERIOD OF LIMITATION - 45 DAYS
 APPELLATE AUTHORITY TO CONSIDER IF
- PROCEDURE/RULE FOLLOWED
- FINDING BASED ON EVIDENCE
- PENALTY COMMENSURATE WITH MISCONDUCT
 ENQUIRY TO BE HELD TO ENHANCE FROM MINOR TO
MAJOR PENALTY
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54. REVISION
 REMEDY AGAINST ORDERS OF APPELLATE
AUTHORITY
 AFTER DISPOSAL OF APPEAL OR EXPIRY OF
LIMITATION PERIOD WHERE NO APPEAL IS MADE
 DEALT IN SAME MANNER AS APPEAL
 REVISIONARY AUTHORITY MAY CONFIRM OR
MODIFY OR SET ASIDE THE ORDER OF
APPELLATE/DISCIPLINARY AUTHORITY
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55. REVIEW
 EXCLUSIVE AUTHORITY OF PRESIDENT TO
REVIEW THE ORDER OF APPELLATE AUTHORITY
AND REVISIONARY AUTHORITY
 NEW MATERIAL/EVIDENCE NOT AVAILABLE AT
THE TIME OF ISSUE OF ORDER HAS COME TO
NOTICE.
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56. PROCEEDINGS AFTER RETIREMENT
 DISCIPLINARY PROCEEDINGS NOT
CONCLUDED BEFORE RETIREMENT
 BY ORDER OF PRESIDENT FOR GRAVE
MISCONDUCT COMMITTED WITHIN FOUR
YEARS PRIOR TO RETIREMENT
 ORDER FOR CUT/WITHDRAWAL OF
PENSION TO BE PASSED BY PRESIDENT
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57. Can an inquiry be conducted in
respect of retired Govt servant
for Misconduct during service
Can be initiated after retirement
 Only with the sanction of the President
 Only in respect of any misconduct which
took place within four years of such
inquiry
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58. 10/1/2023 5:05:28 AM Praveen Prakash Ambashta, Deputy Director

59. 10/1/2023 5:05:28 AM Praveen Prakash Ambashta, Deputy Director