Staff Rulings – 217
DISCIPLINARY RULES
DISCIPLINARY RULES
91. When is an inquiry to be held invariably?
An inquiry must be held in order to impose any of the major penalties. It is also required for minor penalties if the action involves: Withholding increment of pay for a period exceeding three years; Withholding increment of pay with cumulative effect for any period; Withholding increment at a time when it is likely to affect adversely the pension admissible to the official. (Rule 14 of CCS (CCA) Rules, 1965)
92. What are the circumstances in a minor penalty proceeding (Rule-16) that make an inquiry under Rule-14 procedures compulsory?
An inquiry under Rule-14 procedures shall be made when imposing a penalty of: Withholding increments of pay for more than three years; Withholding of increments with cumulative effect and affecting pension; When the Disciplinary Authority decides to hold such an inquiry. (Rule 16 of CCS (CCA) Rules, 1965)
93. What is meant by Common Proceedings?
When two or more Government servants are concerned in a case, and all are subject to the same Disciplinary Authority, that authority may order a common proceeding. If the Disciplinary Authorities are different, the common proceeding may be ordered by the highest authority. (Rule 18 of CCS (CCA) Rules, 1965)
94. What are the circumstances under which an inquiry under Rule-14 of the CCS (CCA) Rules, 1965 is not necessary?
An inquiry is not necessary where the penalty is imposed on the ground of: Conduct which has led to a conviction on a criminal charge; The Disciplinary Authority records in writing that it is not reasonably practicable to hold the inquiry; The President is satisfied that in the interest of security of the state it is not expedient to hold any inquiry. (Rule 19 of CCS (CCA) Rules, 1965)
95. What is the period of limitation for appeal, and what is the difference between Revision and Review?
Appeal: Must be submitted to the appropriate appellate authority within 45 days of the receipt of the order. For GDS (Gramin Dak Sevak), the period is 90 days. Revision is made to the next higher authority of the appellate authority. Review is made to the President. (Rule 25 of CCS (CCA) Rules, 1965)
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