Disciplinary Proceedings | Inquiry Under CCS (CCA) Rules, 1965
Disciplinary Proceedings
The Central Civil Services (Classification, Control, and Appeal) Rules, 1965 (CCS (CCA) Rules, 1965) in India.
The following below are key aspects of disciplinary proceedings under these rules with relevant rule references:
Initiation of Disciplinary Proceedings
Rule 14: Provides for the initiation of disciplinary proceedings against a government servant on the grounds of misconduct.
Suspension Order
Rule 10: Provides for the suspension order of a government servant during the pendency of disciplinary proceedings under specific circumstances.
Competent Disciplinary Authority
Rule 13: Designates the disciplinary authority based on the rank and level of the government servant.
Authority who has administrative control over the employee is the competent disciplinary authority to initiate such proceedings.
Issuance of Charge Sheet
Disciplinary Authority issues Charge Sheet to the Charged Officer/ Delinquent Employee for the alleged misconduct along with supporting evidence.
Inquiry Process
Rule 14: Outlines the procedure for conducting inquiries, including the appointment of an inquiry officer or committee.
Under the Rule 14(8) the charged government servant can represent himself though a defense assistant during the inquiry.
Rule 16: Specifies the principles of natural justice to be followed during the inquiry.
Major Penalties
Rule 11: Lists major penalties, including removal or dismissal from service, reduction in rank, compulsory retirement, etc.
Here, it is important to mention that Dismissal/ Termination/ Removal Order cannot be passed by an officer inferior in rank of appointing authority.
Minor Penalties
Rule 9: Enumerates minor penalties, such as censure, withholding of increments, withholding of promotion, etc.
Representation and Appeal
Rule 23: Details the procedure for an appeal to higher authorities.
Time Limits for Departmental Inquiry
Rule 27: Prescribes specific time limits for different stages of the disciplinary proceedings to ensure a prompt resolution.
Review and Revision
Rule 29: Grants the President of India the power of review and revision in certain cases.
Service Record
Rule 19: Authorizes the consideration of the service record, including past conduct and performance, during the inquiry.
Challenge before Judicial Forum
After receiving penalty order, the employee need to challenge the punishment order before competent judicial forum i.e State Tribunal, CAT, High Court, Supreme Court of India.
Individual can also ask Stay on Disciplinary Proceedings. Sometimes. Disciplinary Authority cannot pass order of Termination of Temporary Employee without following principal of Natural Justice.
These rules collectively create a comprehensive framework for disciplinary proceedings, ensuring that government servants are held accountable for their conduct while safeguarding their rights through due process.
Adherence to these rules is crucial to maintaining discipline, transparency, and fairness in the Indian civil services.
It is essential for both the disciplinary authorities and the government servants to be well-versed in these rules to ensure a just and lawful disciplinary process.
Hon'ble Supreme Court of India held many times that no termination without departmental enquiry in Government as well as Private Employment.
Frequently Asked Questions
Which rule governs initiation of disciplinary proceedings under CCS (CCA) Rules, 1965?
Rule 14 governs initiation of disciplinary proceedings against a government servant for misconduct.
When can authorities suspend a government servant during disciplinary proceedings?
Authorities suspend a government servant under Rule 10 during pending disciplinary proceedings in specified situations.
Who acts as the competent disciplinary authority under CCS (CCA) Rules?
The authority having administrative control acts as the competent disciplinary authority under Rule 13.
Who issues the charge sheet in disciplinary proceedings?
The disciplinary authority issues the charge sheet to the delinquent employee with supporting evidence.
Which rule prescribes the inquiry procedure in major penalty cases?
Rule 14 prescribes the detailed procedure for conducting departmental inquiries.
Can a charged employee take assistance during inquiry proceedings?
The charged employee can defend himself through a defense assistant under Rule 14(8).
Which rule lists major penalties under CCS (CCA) Rules?
Rule 11 lists major penalties like dismissal, removal, compulsory retirement, and reduction in rank.
Which rule specifies minor penalties in disciplinary matters?
Rule 11 specifies minor penalties such as censure and withholding increments or promotions.
Which rule provides the right to appeal against punishment orders?
Rule 23 provides the procedure for filing appeals before higher authorities.
Can authorities terminate an employee without departmental inquiry?
Authorities cannot terminate an employee without departmental inquiry as per Supreme Court rulings.
Why should employees consult a service matter expert in Jaipur?
Employees consult a service matter expert in Jaipur to challenge illegal disciplinary orders effectively.