Gist of CCS (CCA) Rules 1965 -9 Rules 15 to 17 Enquiry report, Minor penalty proceedings, Communication of penalty order, common proceedings

 Rule, Procedure and Protection of Rights of employees

 61. Rule 15 (1) provides that disciplinary authority may remit the case for, further enquiry and report. If serious defects are crept in the inquiry or if some witnesses are not available in the inquiry and of these witnesses are considered important, the disciplining authority may remit the case for further inquiry. He cannot start fresh enquiry.

62. According to Rule 15 (2) the disciplinary authority shall forward a copy of enquiry report, together with tentative reasons, for disagreement and call for representation of the Govt servant.

63. Rule 15 (24) provides that disciplinary authority shall consider representation submitted by Govt servants and record it funding before proceeding further in the matter as specified in has Rule 3 and 4. Rule 15 (3) provides if the Disciplinary authority is of the opinion that any minor penalty should be imposed, it will make an order imposing such penalty. 

Rule 15 (4) provides that disciplinary authority is of the opinion to impose any major penalty it shall make an order. Imposing such penalty. The penalty order should be speaking order. More than one penalty cannot be imposed.

64. Rule 16 (1) lays down the procedure for imposing any of the minor penalties. After retirement of the official minor penalty cannot be imposed on the retired Govt servant. It is laid down in Rule 9 (2) of CCS(pension) Rules 1972 that departmental proceedings instructed while the Govt servant was in service, shall, after final retirement of the Govt servant, be deemed to be proceedings under this Rule. But the proceedings under Rule 16 of CCS (CCA) Rules comes to a close automatically on the retirement.

65. Rule 16 (1) enables the disciplinary authority to hold an enquiry in the manner laid down in sub  Rule (3) to (23) of Rule 14. for a case where Govt servant has asked for inspection of certain documents and cross examination of any persons connected to the charge, the disciplinary authority should not reject to hold enquiry solely on the ground that enquiry under Rule 16 is not mandatory.

66. Rule 17 deals with communication of penalty order. Rule 18 deals with common proceedings if two or more Govt servants involved in a case. Common proceedings should not be held in case where two employees have made cross complaints against each other. One co-accused should not be cited as a witness against the other in common proceedings.