Knowledge Spectrum – Discipline - ROLE OF DISCIPLINARY AUTHORITIES -5
11. What are the circumstances under which the provisions of CCA Rules are to be invoked?
The following are the essential conditions for the application of the CCA Rules:
(a) Firstly the employee concerned must be amenable to the jurisdiction of the CCA Rules in terms of Rule 3 thereof.
(b) Secondly CCA rules can be applied only for the purpose for which the same have been prescribed
12. What is the category of employees who are within the jurisdiction of the CCA Rules?
Applicability of CCA Rules is clarified in Rule 3 of the CCA Rules. [This is not being re-produced for the sake of brevity]
Several autonomous bodies have adopted the rules applicable to the Government Servants and this includes the CCA Rules as well. Some organizations have their own rules for conducting disciplinary proceedings.
It may be inferred that there can be no objection to the application of the inquiry procedure laid down in CCA Rules in such cases where no specific procedure under any statutory provision has been laid down. Further it must be ensured that no prejudice is caused to the individual by the application of CCA Rules. It must be understood that the inquiry procedure laid down in the CCA Rules is only a codification of the Principles of Natural Justice which seek to protect the interest of the delinquent.
13. What are the purposes for which the provisions of CCA Rules are to be invoked?
There appears to be a misconception that the CCA Rules provide only the mechanism for imposition of penalties. It needs to be appreciated that the rules lays down the Classification of posts in Part II which contains Rules 4 to 7. Besides, the provisions relating to Appeals in Part VII comprising Rules 22 to 28 is also of a general nature because the rules provide for appeals in respect of orders relating to administrative matter. The list of orders against which appeal lies contained in Rule 23 makes this point clear.
Notwithstanding the above stated special circumstances, CCA Rules basically form part of the reward and punishment sub-system under Personnel Management system of organisation. It provides a mechanism for dealing with erring employees whose behavior does not conform to the prescribed organizational norms – either by express provision or by necessary implications. The rules cover the following aspects:
(a) What penalties can be imposed on an erring employee? (Rule 11)
(b) Who imposes these penalties? (Rule 12 and 13 )
(c) What is the procedure to be followed for imposing these penalties? (Rule 14, 15, 16, 18, 19, etc.)
(d) What remedies are available to the employee after a penalty has been imposed? (Rule 22 to 29A)
(e) Issues which are incidental to the above? (Rule 10 [i.e suspension which is a step in aid for conducting inquiry], 31 to 35, etc.)
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