Gist of CCS (CCA) Rules 1965 -10 Rules 19 & 20 Conviction on a criminal charge & Security on State

 Rule, Procedure and Protection of Rights of employees

67. Rule 19 deals with special procedure in certain cases, under Rule 19 (1) where any penalty is on the Govt servant on the ground of conduct which has led to his conviction on a criminal charge. In this case, Govt servant may be given an opportunity of making representation on the penalty proposed to be imposed. The penalty should be imposed only on the ground of conduct and not on the ground of penalty. This rule cannot be interpreted that only the extreme penalty like dismissal/removal /compulsory retirement is to be imposed as a matter of course. The Govt servant can agitate in appeal, revision or review that the penalty is disproportionate or not warranted  by facts and circumstances.

68. Where the discharge authority is satisfied for reason that it is not reasonably practieable to hold an enquiry under rule 14, the Disciplinary authority may make such order as it  deems fit and rule 19(11) .This rule 19(ii) has been made in agreeable to the provisions of clause (f)  of the second proviso  to Article 311 (2) of the consititution. The Article 311(3) of the constitution. provides that decision of the competent  authority under clause (b) of the second proviso to Article 311 (2) shall be final. Consequently, decision of the competent authority cannot be questioned in appeal/ revision or review.  But the finality is not binding on the tribunal or court which is competent to strike down the order dispensing with the enquiry and order imposing penalty.

69. The Rule 19 (III) Where the President is satisfied that in the Security of the state it is not expedient to hold an enquiry under Rule 14, the Disciplinary authority may consider the circumstances of the case and make such orders thereon as it deems fit. The satisfaction of the President is subjective satisfaction and it need not be recorded in the penalty order. There is no provision /appeal against the satisfaction reached by the President but if the order of penalty was issued by the disciplinary authority subordinate to President, appeal or revision lies. The govt. servant can ask for enquires to be held into his alleged conduct. Ordinarily satisfaction reached by the President would not be matter for judicial review. But, if allegation is made that satisfaction of the President had been reached malafide or on irrelevant ground, matter will become the judicial review.

70. Rule 20 deals with provisions regarding officers lent to State Govt  Rule 21 deals with. Provisions regarding officers borrowed from State Government.