Gist of CCS (CCA) Rules 1965 -5 Penalties and Disciplinary Authorities

 Rule, Procedure and Protection of Rights of employees

PART V

Penalties and Disciplinary Authorities

31. Part V contains Rule 11 to 13. Rule 11 deals with penalties, Rule 12 deals with disciplinary authorities and Rule 13 deals with authority to institute proceedings.

Penalties are divided into minor penalties and major penalties. Five penalties are minor penalties and another five are major penalties.

32. The first penalty is censure. At the end of the disciplinary proceedings, if the delinquent official does not deserve to be exonerated of the charge, minimum penalty of censure is imposed. Though it is said that censure is not a bar to promotion, Censure is a statutory penalty which will find place in confidential reports. The Departmental Promotion committee considers the circumstance of the case which led to imposition of censure at the time of taking decision on promotion. Therefore, the affected officer should be alert to submit appeal against the penalty of censure also, if he has good and sufficient grounds to do so.

33. The second penalty is withholding of promotion. Under Article 16 of the constitution right tobe considered for promotion is a fundamental right. This penalty of withholding of promotion damages your fundamental right. Your name will not be considered for promotion during the live period of this punishment. Your junior will get early promotion. Though this penalty is brought under category of minor penalty and it will cause heavy demage in the future official career of the person.

34. The third penalty is Recovery from pay the whole or part of any pecuniary loss caused by him to the Government by negligence or breach of orders.

Power to impose this penalty on the Govt servants (who are innocent) is misused in most of the causes. Before ordering this penalty, the disciplinary authority should prove that at what stage in connection with fraud, the pecuniary loss was caused and what amount of negligence of the accused official. contributed to cause of loss at the particular stage. The accused official should put up strong defence on the above two points to avoid misuse of powers.

35. The fourth penalty under Rule 11 (III) (a) is redirection to 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. This rule in this shape was introduced on 23.8.2004. Reduction to lower stage is a major penalty under Rule 11 (v). To confirm a penalty order as minor, the following  points should be verified.

a) The reduction should not affect pension.

b) it should be without cumulative effect.

If any condition is violated, it should be held as major penalty which can be issued. Only after holding Rule 14 inquiry.

36. The fifth penalty under the head “minor category” is with holding of increment. This penalty is a peculiar one. The date of order of the penalty and the date of with holding of future increment will be different. So, the penalty may not be current and operative on the date of order imposing the penalty. It becomes current only on the due date of increment, (now 1st July for all). During the currency of punishment, the Govt servant will not be entitled for promotion. In a case between Lal jee Prasad v. U.O.I. (OA 1724 of 1993) decided on 26.5.1997, the penalty of withholding of increment w.e.f 1.6.1992 was issued on 13.8.1991. The D.P.C. did not approve his promotion on 28.3.1992. This court decided that penalty is not current on 28.3.1992 and it will be current only on or after 1.6.1992.