The Central Civil Services (Classification, Control &Appeal) Rules, 1965
PART V - PENALTIES AND DISCIPLINARY AUHTORITIES
11. PENALTIES:
The following penalties may, for good
and sufficient reasons and as hereinafter provided, be imposed on a Government
servant, namely:-
Minor Penalties -
(i) censure;
(ii) withholding of his promotion;
(iii) recovery from his pay of the
whole or part of any pecuniary loss caused by him to the Government by
negligence or breach of orders;
(iiia) reduction to a lower stage in
the time-scale of pay by one stage for a period not exceeding three years,
without cumulative effect and not adversely affecting his pension.
(iv) withholding of increments of pay;
Major Penalties -
(v) save as provided for in clause
(iii) (a), reduction to a lower stage in the time-scale of pay for a specified
period, with further directions as to whether or not the Government servant
will earn increments of pay during the period of such reduction and whether on
the expiry of such period, the reduction will or will not have the effect of
postponing the future increments of his pay:
*[(vi) 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 Government servant during
such specified period to the time-scale of pay, grade, post or Service from
which he was reduced, with direction as to whether or not, on promotion on the expiry
of the said specified period -
(a) the period of reduction to
time-scale of pay, grade, post or service shall operate to postpone future
increments of his pay, and if so, to what extent; and
(b) the Government servant shall regain
his original seniority in the higher lime scale of pay, grade, post or
service.]
*[Substituted vide the Central Civil
Services (Classification, Control and Appeal) Amendment Rules, 2009 notified
vide F. No. 11012/2/2005-Estt (A)]
(vii) compulsory retirement;
(viii) removal from service which shall
not be a disqualification for future employment under the Government;
(ix) dismissal from service which shall ordinarily be a disqualification for future employment under the Government.
Provided that, in every case in which
the charge of possession of assets disproportionate to known-source of income
or the charge of acceptance from any person of any gratification, other than
legal remuneration, as a motive or reward for doing or forbearing to do any
official act is established, the penalty mentioned in clause (viii) or clause
(ix) shall be imposed:
Provided further that in any exceptional case and for special reasons recorded in writing, any other penalty may be imposed.
EXPLANATION - The following shall not
amount to a penalty within the meaning of this rule, namely:-
(i) withholding of increments of a
Government servant for his failure to pass any departmental examination in
accordance with the rules or orders governing the Service to which he belongs
or post which he holds or the terms of his appointment;
(ii) stoppage of a Government servant
at the efficiency bar in the time-scale of pay on the ground of his unfitness
to cross the bar;
(iii) non-promotion of a Government
servant, whether in a substantive or officiating capacity, after consideration
of his case, to a Service, grade or post for promotion to which he is eligible;
(iv) reversion of a Government servant
officiating in a higher Service, grade or post to a lower Service, grade or
post, on the ground that he is considered to be unsuitable for such higher
Service, grade or post or on any administrative ground unconnected with his
conduct;
(v) reversion of a Government servant,
appointed on probation to any other Service, grade or post, to his permanent
Service, grade or post during or at the end of the period of probation in
accordance with the terms of his appointment or the rules and orders governing
such probation;
(vi) replacement of the services of a
Government servant, whose services had been borrowed from a State Government or
any authority under the control of a State Government, at the disposal of the
State Government or the authority from which the services of such Government
servant had been borrowed;
(vii) compulsory retirement of a
Government servant in accordance with the provisions relating to his
superannuation or retirement;
(viii) termination of the services -
(a) of a Government servant appointed
on probation, during or at the end of the period of his probation, in
accordance with the terms of his appointment or the rules and orders governing
such probation, or
(b) of a temporary Government servant
in accordance with the provisions of sub-rule (1) of Rule 5 of the Central
Civil Services (Temporary Service) Rules, 1965, or
(c) of a Government servant, employed
under an agreement, in accordance with the terms of such agreement.
**[(ix) any compensation awarded on the recommendation of the Complaints Committee referred to in the proviso to sub-rule (2) of rule 14 and established in the Department of the Government of India for inquiring into any complaint of sexual harassment within the meaning of rule 3 C of the Central Civil Services (Conduct) Rules, 1964.]
**[ Inserted vide the Central Civil Services
(Classification, Control and Appeal) Third Amendment Rules, 2014 - Ministry of
Personnel, Public Grievances and Pensions (Department of Personnel and
Training) Notification dated the 19th November, 2014 issued from F.No.
11013/2/2014-Estt.(A)]
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