Service Matters

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

Rule 10: Provides for the suspension 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.

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.