Css (Cca) Rules

8/6/2019 Css (Cca) Rules

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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


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Contd/---

Any person covered by specialprovision

President can exclude any any class ofGovt Servants by order


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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


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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


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Contd/---

Compulsory Retirement

Removal (not a disqualification forfuture employment under Govt)

Dismissal (Ordinarily a disqualificationfor future employment under Govt)


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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


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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


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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


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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


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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


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Contd/--

-Recovery could be spread over

-Could even be prosecuted in a

criminal court if misconductinvolves punishable offence


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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


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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


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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

-


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Contd/--

- Authority to indicate whether normalincrements allowed during period of

punishment- whether reduction will have effect ofpostponing future increments and to

what extent


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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


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Contd/--

--reduction not to exceed one third offull compensation pension or gratuity

or both --leave encashment allowed


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Contd/--

REMOVAL OR DISMISSAL

--forfeiture of retirement benefits

--compassionate allowance not morethan two third of compensationpension or gratuity or both admissible


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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


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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


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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


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Contd---

- action can also be taken outside sphereof official duties if reflecting on his-

reputation for good faith, honesty,integrity and devotion to duty


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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


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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


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Contd---

Suspension

- To decide now itself if to place GS under

suspension pending disciplinaryproceedings


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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


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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


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Contd--

If elements of major penalty then fullinquiry must-withhold incrementsand

affecting pension, withholdingincrements for more than 3 years,withholding with cumulative effect


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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


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Contd/--

Unqualified apology

DA to avoid being IO

Appoint IO

Nominate PO to present the case onbehalf of DA


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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


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Ex parte enquiry

Does not submit written defence

Fails to comply with rules

Does not appear before IO


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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


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Contd

Final Orders

Decision of DA is judicial


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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


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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


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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.


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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


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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


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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


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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.


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SUSPENSION RELATED

WHEN

1. OFFENCE OR MISCONDUCT-

MORAL TURPITUDE2. CORRUPTION,

ISAPPROPRIATION,

DISPROPOTIONATE ASSETS,MISUSE OF OFFICIAL POWER FOROFFICIAL GAIN

3. SERIOUS NEGLIGENCE


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Contd/---

DESERTION OF DUTY

REFUSAL OR DELIBERATE FAILURE

TO CARRY OUT WRITTEN ORDERS OFSUPERIOR OFFICERS


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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


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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


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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


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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


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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


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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


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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


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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


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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


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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


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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


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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 .

Documents

Css (Cca) Rules