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SESSION OVERVIEW

PROVISION OF ARTICLE 311 OF THE

CONSTITUTION OF INDIA
APPLICABILITY OF CCS(CCA) RULES,1965
INTERRELATION BETWEEN CCS(CCA)
RULES, 1965 AND CCS(CONDUCT)
RULES,1964

LEARNING OBJECTIVE
To familiarize the participants with the various

provisions of the CCS (CCA) Rules,1965


Correct understanding and application of the

CCS (CCA) Rules


Widen learners knowledge in matters of service

jurisprudence
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CCS(CCA) RULES,1965

RULE-1
Came into effect with from 1-12-1965
RULE 2

APPOINTING AUTHORITY
CADRE AUTHORITY
DISCIPLINARY AUTHORITY
HEAD OF THE DEPARTMENT
HEAD OF OFFICE
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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

CLASSIFICATION OF SERVICES
RULE 4 - CIVIL SERVICES OF THE UNION
ARE CLASSIFIED AS:
GROUP A, B, C, D

RULE 6 - CLASSIFICATION OF POSTS. CIVIL


POSTS OF THE UNION ARE CLASSIFIED AS
GROUP A,B,C,D
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APPOINTING ATHORITIES
(RULES 8 & 9)
GROUP A POSTS :
PRESIDENT
GROUPS B, C & D POSTS:AUTHORITIES SPECIFIED IN
THE SCHEDULE.
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RULE 10 - SUSPENSION
AUTHORITIES WHO CAN PLACE GOVT

SERVANTS UNDER SUSPENSION:

APPOINTING AUTHORITY OR ANY


AUTHORITY TO WHICH IT IS
SUBORDINATE

DISCIPLINARY AUTHORITY
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RULE 10 - SUSPENSION
AN ORDER OF SUSPENSION DEEMED TO

HAVE BEEN MADE OR OTHERWISE SHALL


REMAIN IN FORCE TILL IT IS MODIFIED
OR REVOKED BY THE AUTHORITY
COMPETENT TO DO SO
SUSPENSION CAN BE REVOKED BY THE

AUTHORITY WHO SUSPENDED THE


EMPLOYEE
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RULE 10 - SUSPENSION
DEEMED SUSPENSION:

A govt servant under custody for


more than 48 hours for criminal or
other charge
From the date of conviction if he is
sentenced to a term of
imprisonment for more than 48 hrs

RULE 11 - PENALTIES
MINOR PENALTIES
(i) Censure
(ii) Withholding of promotion
(iii) Recovery from pay
(iv) Reduction to lower stage in time scale-not
exceeding 3 years
(v) Withholding of increments
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RULE 11 - PENALTIES
MAJOR PENALTIES:
(v) Reduction to lower stage in time
scale
(Vi) Reduction to lower time scale of
pay, grade, post or service
which
will ordinarily be bar to promotion
(Vii) Compulsory retirement
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RULE 11 - PENALTIES
MAJOR PENALTIES:
(viii) Removal from service
(ix) Dismissal from service -In respect of
proven cases of acceptance of illegal
gratification it is mandatory to impose one
of the major penalties mentioned above
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EXPLANATIONS TO RULE 11
The following are not considered as penalties
Withholding of increment for failure to pass
exams
Non-promotion after consideration of the case
by DPC
Reversion from higher officiating post on
consideration of unsuitability to hold such post
Reversion of a govt servant appointed on
probation

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DIES-NON
NEITHER COUNTED AS SERVICE NOR IS A
BREAK IN SERVICE

WHEN A DAY CAN BE MARKED AS DIES-

NON
Absence without proper permission
When on duty left without proper
permission
While in office refused to perform duties
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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

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RULE 13 - AUTHORITY TO
INSTITUTE PROCEEDINGS.
President

or any authority
empowered by him may institute
disciplinary proceedings against any
govt servant

A disciplinary

authority competent to
impose any minor penalty can initiate
major penalty proceedings
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RULE 14 - PROCEDURE FOR


IMPOSING MAJOR PENALTIES
NO PUNISHMENT WITHOUT ORDERING AN

INQUIRY
DISCIPLINARY AUTHORITY MAY ITSELF

INQUIRE INTO THE CHARGES


DRAW UP IMPUTATIONS OF MISCONDUCT

OR MISBEHAVIOUR IN DEFINITE AND


DISTINCT ARTICLE

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RULE 14 - PROCEDURE FOR


IMPOSING MAJOR PENALTIES
Draw statement of imputations of

misconduct or misbehaviour in
support of each article including
relevant facts, statement of
admissions, confessions, etc
A list of documents and a list of

witnesses
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RULE 14 - PROCEDURE FOR


IMPOSING MAJOR PENALTIES
Appoint an inquiry authority (IO)
A presenting officer
Govt servant shall appear in person

before the io
May also take the assistance of a defence
assistant
The IO shall return a finding of guilt to a
charge to which the govt servant pleads
guilty
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TYPES OF CASES WHICH MERIT


ACTION FOR MAJOR PENALTIES
Attempt to obtain illegal gratification
Misappropriation of govt property
Falsification of govt records
Gross irregularity or negligence with a
dishonest motive
Misuse of official position
Disclosure of secret or confidential
information
False claims on the govt like ta/med.
Claims etc

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RULE 14 INQUIRY REPORT


AFTER THE CONCLUSION OF INQUIRY, A REPORT
SHALL BE PREPARED WHICH SHALL CONTAIN:

Articles of charge and the statement of


the imputations of misconduct or
misbehaviour
The defence of the govt servant in
respect of each article of charge
An assessment of evidence in respect
of each article of charge
The findings on each article of charge
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RULE 15 - ACTION ON INQUIRY


REPORT
REMIT FOR FURTHER INQUIRY
DISAGREE WITH THE FINDING OF IO
ACCEPT THE REPORT & FORWARD COPY OF

THE SAME TO CO
CONSIDER REPRESENTATION
IMPOSE PENALTY OR
DROP CHARGES

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RULE 16 - PROCEDURE FOR


IMPOSING MINOR PENALTIES
Issue charge sheet as for minor penalty
Hold inquiry if warranted
Take representation if any from the dgs
Record findings on each article
Impose any one of the minor penalties

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RULE 17
- COMMUNICATION OF ORDERS
Orders of the disciplinary authority shall be

conveyed in writing along with copy of the


finding on each article of charge
Where there is disagreement the reasons for

disagreement shall also be supplied

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RULE 18
- COMMON PROCEEDINGS

WHERE TWO OR MORE GOVT SERVANTS

ARE INVOLVED
COMMON PROCEEDINGS AGAINST THE

ACCUSED AND THE ACCUSER

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RULE 19 - SPECIAL PROCEDURE IN


CERTAIN CASES
ORDERS CAN BE PASSED WITHOUT
FOLLOWING PROCEDURES IN THE
FOLLOWING CIRCUMSTANCES:
It

is not reasonably practicable to hold


inquiry
In the interest of the security of state
Conviction leading to penalty
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RULES 20 & 21

RULE 20 - RELATING TO OFFICERS LENT

TO STATE GOVTS
RULE 21 - RELATING TO OFFICERS

BORROWED FROM STATE GOVTS

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RULE 22 - APPEALS
ORDERS AGAINST WHICH N0 APPEAL LIES

ANY ORER MADE BY THE PRESIDENT

AN ORDER OF INTERLOCUTORY NATURE


IN A DISCIPLINARY PROCEEDING

ANY ORDER PASSED BY IO IN THE


COURSE OF INQURY
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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
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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
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RULE 25 - PERIOD OF
LIMITATIONS
NO APPEAL LIES BEYOND 45 DAYS
APPELLATE AUTHORITY MAY ENTERTAIN

APPEAL AFTER EXPIRY PERIOD IF


SATISFIED

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RULE 26 - FORM AND CONTENT


OF APPEAL
SEPARATELY AND IN HIS OWN NAME
TO THE AUTHORITY TO WHOM APPEAL

LIES
SHALL NOT CONTAIN ANY
DISRESPECTFUL OR IMPROPER
LANGUAGE

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RULE 27 - CONSIDERATION OF
APPEAL
APPELLATE AUTHORITY TO ENSURE THE

LAID DOWN PROCEDURE HAVE BEEN


COMPLIED WITH
FINDING OF THE DA ARE WARRANTED BY
THE EVIDENCE ON RECORD
THE PENALTY IMPOSED IS ADEQUATE,
INADEQUATE OR SEVERE
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RULE 27 - CONSIDERATION OF
APPEAL (Contd.)

PASS ORDERS
CONFIRM
ENHANCE
REDUCE
SET ASIDE THE PENALITY

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RULE 28

IMPLEMENTATION OF
ORDER IN APPEAL
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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
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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.


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RULE 29-A - REVIEW

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

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