193. Knowledge Spectrum – Discipline – QUANTUM OF PENALTY
342. Once misconduct has been established, what is the mechanism for deciding the quantum of penalty?
There are several statutory provisions and administrative instructions which lay down as to what constitutes a misconduct. For example, the provisions of the Conduct Rules lay omissions and commissions which constitute misconduct. Various DoPT OMs lay down several actions such as neglect of family, failure to vacate Government accommodation in time, etc. amount to misconduct.
One significant aspect of CCA Rules is that there is no statutory prescription of penalties vis-à-vis the misconduct. For example the IPC provides the maximum penalty that may be levied against each crime. Prevention of Corruption Act prescribes the minimum and maximum penalty against each crime dealt with therein. Against this background, the CCA Rules are conspicuously silent about the quantum of penalty that may be imposed for any misconduct. Rule 11 of the CCA Rules provides as under:
The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on a Government servant, namely:
Thus the appropriateness and sufficiency of reasons for imposition of penalty has been left to the discretion of the authority concerned.
343. Are the CCA Rules and the instructions issued there under completely silent about the quantum of penalty?
Only indication about the quantum of penalty is available in the two provisos to Rule 11 in the following manner:
Provided that, in every case in which the charge of possession of assets disproportionate to known-source of income or the charge of acceptance from any person of any gratification, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act is established, the penalty mentioned in clause (viii) or clause (ix) shall be imposed :
Provided further that in any exceptional case and for special reasons recorded in writing, any other penalty may be imposed.
Another exception where quantum of penalty has been suggested by the Gol instructions is Deptt. Of Personnel & Training OM No. 11012/7/91-Estt. (A) dated 19.05.1993 which provides inter-alia
"The matter has been examined in consultation with the Ministry of Law and Justice and it has now been decided that wherever it is found that a Government servant, who was not qualified or eligible in terms of the recruitment rules etc, for initial recruitment in service or had furnished false information or produced a false certificate in order to secure appointment, he should not be retained in service. If he is a probationer or a temporary Government servant, he should be discharged or his services should be terminated. If he has become a permanent Government servant, an inquiry as prescribed in Rule 14 of CCS (CCA) Rules, 1965 may be held and if the charges are proved, the Government servant should be removed or dismissed from service. In no circumstances should any other penalty be imposed.
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