Staff Rulings – 221
DISCIPLINARY RULES
111. What is the guideline for recovering loss in case of fraud cases?
If the loss occurred through fraud, every endeavour should be made to recover the whole amount from the guilty persons. If laxity of supervision facilitated the fraud, the supervising officer at fault may be penalised. (Rule 11 of CCS (CCA) Rules, 1965)
112. If the loss sustained to the Department is recovered and found to be nil, whether cases shall be reviewed to refund the recovery made from the subsidiary offenders?
The case has to be reviewed by the competent authority for imposing an appropriate penalty. However, that authority will not be competent to impose a penalty higher than that of recovery. (Rule 11 of CCS (CCA) Rules, 1965)
113. Whether any punishment can be imposed with retrospective effect?
No. A penalty order cannot be issued retrospectively. It will become operative either from the date of issue of the order or from the date of its communication. (Rule 11 of CCS (CCA) Rules, 1965)
114. Whether the punishment of reduction of pay awarded under Rule 16 will affect pension?
No. Any minor punishment awarded under Rule 16 should not affect the pension. Otherwise, the punishment becomes invalid. (Rule 11 of CCS (CCA) Rules, 1965)
115. Whether promotion will be withheld just because the disciplinary proceedings are pending?
No. Promotions will not be considered only in the cases of pending currency of punishment. If the punishment is not currently in force, promotions should be given effect. (DOPT OM No. 22011/4/98-Estt (D) dated 12.04.1999)
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