CCS (Conduct) Rules - Session 4.1 & 4.2

Indian Audit and Accounts Department
Courseware on Common Administrative Issues, Reservation Rosters,

Vigilance and Disciplinary Proceedings
Session 4.1 and 4.2: The Central Civil Services (Conduct) Rules, 1964.
SESSION OVERVIEW
The Central Government has a
vast number of civil service
emlo!ees, comrisin" of a
multilicit! of ran#s and cadres,
sread over m!riad deartments
and o$ces. %t is aramount that
these lar"e numbers of emlo!ees
are bound b! a strict code of
conduct and ethics in the course of
the dischar"e of their duties as
ublic servants. &rticle '(9 of the
Constitution of %ndia )hich deals
)ith the matter of recruitment and
conditions of service of ersons
servin" the *nion or a State,
states that, +sub,ect to the
rovisions of this Constitution,
&cts of the aroriate -e"islature
ma! re"ulate the recruitment, and
conditions of service of ersons
aointed, to ublic services and
osts in connection )ith the
a.airs of the *nion or of an!
State./ Thus the resonsibilit! to
de0ne Conduct and other Service
rules )ere en,oined on the
Government of %ndia in terms of
&rticle '(9 of the Constitution.
Government emlo!ees are a
secial t!e 1uite distinct from
those in the rivate sector, bein"
char"ed )ith the resonsibilit! not
onl! to)ards the Government, but
also to)ards the ublic )ith )hom
the! come into contact in their
ublic dealin"s. The essence of
Government service is the sense of
disciline to )hich all Government
emlo!ees are sub,ect to and the
rivile"es to )hich the!, in "eneral
are entitled. These t)o asects are
full! covered b! t)o sets of service
rules, vi2., Central Civil Services
(Conduct) Rules, 1964 and the
Central Civil Services
(Classi0cation, Control and &eal)
Rules, 1963. & Government
emlo!ee )ho violates an!
rovisions of the
CCS(Conduct)Rules, 1964 can be
roceeded a"ainst and imosed
)ith, for "ood and su$cient
reasons, an! of the enalties
mentioned in Rule 11 of the
CCS(CC&) Rules, 1963.
LEARNING OBJECTIVE
Note 4.1 4.! 11(
%n this session, the learner )ill
learn to correctl! understand, al!
and enforce the various rovisions
of the CCS (Conduct) Rules )hen
re1uired to do so )ithout bein" o.4
trac#, arbitrar! or sub,ective. The
lesson )ill aim at buildin" a sound
concetual base of the various
rovisions of the conduct rules and
their aroriate alicabilit! in
"eneral and seci0c cases.
B. CCS (CONDUCT RULES!
1"#4 $ An Ana%&sis

1. Basic Concept -
Government emlo!ees are
re1uired to adhere to certain
standards of conduct both in their
o$cial and rivate caacities.
These re1uirements have been laid
do)n in the Central Civil Service
(Conduct) Rules, 1964.
5. The CCS (Conduct) Rules, 1964
is made u of 25 rules. &ll these
are statutor! rules )ithin the
meanin" of &rticle '(9 of the
Constitution, and have been
clari0ed )here necessar! b!
e6ecutive orders in the form of
Government of %ndia7s decisions or
instructions aended belo) the
relevant rule. The basic rules are
Rule 1 and 5 )hich de0ne
5.1 Rule 1
(i) Date "# $%ect & The
CCS(Conduct) Rules, 1964 )ere
noti0ed b! the Government of
%ndia, 8inistr! of 9ome &.airs on
'(th :ovember 1964 and came
into e.ect from the same da!.
(ii) Applica'ility& The CCS
(Conduct) Rules, 1964 al! to
ever! erson aointed to a
Central civil service or ost
includin" civilians in the defence
services but do not al! to ;
(i) to rail)a!s
(a) a Rail)a! servant,
(b)) a erson holdin" a
ost in the Rail)a!
<oard or of the
=inancial
Commissioner of
Rail)a!s,
(ii) member of the &ll %ndia
Services,
(iii) a holder of an! ost of
)hich the >resident has,
b! "eneral or secial
order, directed that that
these rules shall not
al!.
Note 4.1 4.! 111
2.2 Rule 3 - de0nes the
meanin" of Government,
Government servant, and 8embers
of famil!.
C. ANAL'TICAL E()OSITION
O* OT+ER RULES O*
CONDUCT

1. General [Rule 3] - This rule is
s)eein" in its covera"e and is the
most oerative rule )hich rovides
that ever! Government servant
shall at all times?4
(i) maintain absolute
integrit@
(ii) de!otion to dut@ and
(iii) do nothin" )hich is
unbecoming o" a
Go!ernment ser!ant#
1.1 The fundamental re1uirement
of this rule are inte"rit!, honest!,
e$cienc! and "ood behaviour of a
ublic servant. 8ost of the
discilinar! roceedin"s arise out
from the breach of this rule. Char"e
of lac# of inte"rit! varies from
Ana#ed7 corrution to that of abuse
of o$cial osition.
1.5 Integrity ( %t is )holesome4
uri"htness, honest! and urit!.
Beartmental action can be ta#en
a"ainst a ublic servant for serious
cases of lac# of inte"rit!.
1.' Devotion to duty ( &
Government servant )ho habituall!
fails to erform the tas# assi"ned
to him, shall be deemed to be
lac#in" in devotion to dut!. Cver!
Government servant holdin"
suervisor! ost is e6ected to
ta#e all ossible stes to ensure
that his subordinates maintain
absolute inte"rit! and devotion to
dut! as er Rule '(5).
1.4 Conduct un'ecoming o# a
)overnment servant & Government
e6ects that the conduct of its
emlo!ees should conform to the
ordinar! norms o" decenc and
moralit revailin" in the societ!
and one s$ould not !iolate t$e
la%s o" t$e land. Government
can also demand a certain
standard of conduct from its
emlo!ees even in their rivate
life, not connected )ith their
o$cial duties. +Conduct
unbecomin" of a Government
servant/ is left to the discretion
o" t$e Go!ernment. The test
should be ob,ective and not
sub,ective. & Government servant
should not brin" discredit to the
service. &ction can also be ta#en
for the *past misconduct+
committed b! the Government
servant. &ction can be ta#en for not
vacatin" the Govt. accommodation
Note 4.1 4.! 115
and misutilisin" the advance ta#en
from Government or not refundin"
in time. Cven habitual rivate
indebtness )ill amount to conduct
unbecomin" of a Government
servant.
1.3 ,oral turpitude ( %t means a
conduct a"ainst the ,ustice,
honest!, modest! or "ood morals
)hich a man o)es to fello)man or
to societ! in "eneral. 8oral
turitude deends on the
circumstances in each case. Since
"unman emlo!ed in the <an# )as
found in ossession of illicit li1uor,
it does a.ect the character and
involves a moral turitude.
1.6 Rule -&A ( %t re1uires a
Government servant to per"orm
$is o&cial dealings promptl
and act in a courteous manner
)hile erformin" them.
1.D Rule -&. ( %t directs a
Government servant to act in
accordance %it$ t$e
Go!ernment policies as
regards age o" marriage'
preser!ation o" en!ironment'
protection o" %ild li"e (
cultural $eritage and also to
obser!e policies on pre!ention
o" crime against %omen#
1.E Rule -&C ( Pro/i'ition o# se0ual
/arassment o# wor1ing women 2 %t
directs a Government servant not
to indul"e in se6ual harassment of
)or#in" )omen. Se6ual
harassment has been de0ned in
the section to include ;
(i) h!sical contact and
advances@
(ii) demandin" se6ual
favours@
(iii) assin" se6uall! coloured
remar#s@ (iv)sho)in"
orno"rah!@ or
(v) an! other
un)elcome h!sical,
verbal or non4verbal
conduct of a se6ual
nature.
Gist o" some important related
Go!ernment o" India)s orders
belo% Rule 3
1. %n vie) of the imortance of
maintainin" a hi"h standard of
inte"rit! b! Government servants,
no o$cer )ho does not have a
reutation for honest! should be
laced in a osition )here there is
considerable scoe for discretion.
FG.%., 8.9.&., G.8. :o. 41H5H33 (%%)4Csts.
(&), dated 5'
rd
&ril, 1933.I
5. Government servants to
observe due courtesies and re"ard
in their dealin"s )ith 8>sH8-&s.
FG.%., Bet. of >er. J Tr"., G.8. :o.
11(1'H1(HEE )4Csts. (&), dated 5'
rd
Kune, 19EE.I
Note 4.1 4.! 11'
'. >articiation in rosel!ti2in"
activities or the direct or indirect
use of o$cial osition and
inLuence in such activities b! a
Government servant ma! be
treated as "ood and su$cient
reason for ta#in" discilinar! action
a"ainst him under the CCS(CC&)
Rules, 1963.
FG.%., 8.9.&., G.8. :o. 53H3(H3D (%%)4
Csts. (&), dated 13
th
Kanuar!, 193E.I
4. :e"lect b! a Government
servant of his )ife and famil! ma!
be re"arded as a "ood and
su$cient reason to ,ustif! action
a"ainst him under Rule 11 of the
FG.%., 8.9.&., G.8. :o. 53H16H39 (%%)4
Csts. (&), dated 1
st
Setember, 1939.I
3. & Government servant )ho is
found "uilt! of the ractice of
untouchabilit! in an! form )ill be
considered un0t for ublic service
and discilinar! action )ill be ta#en
a"ainst him.
FG.%., 8.9.&., G.8. :o. =D(H1DH61 (%%)4
Csts. (&), dated E
th
Becember, 1961.I
6. %f an! comliant is received
a"ainst an! Government servant
that he has acted in a discourteous
manner or adoted dilator! tactics
in his dealin"s )ith the ublic and
if it is established that he has so
acted, deterrent a romt action
should be ta#en a"ainst him.
FG.%., 8.9.&., G.8. :o. 14H9H66(%%)4Csts.
(&), dated '
rd
&u"ust, 1961.I
D. Government servants to observe
roer decorum durin" the lunch4
brea#@ la!in" "ames be!ond the
rescribed lunch hour and la!in"
cards in the oen to be
discoura"ed.
FG.%., 8.9.&., B.G. :o. 13H43H6D SSG,
dated 11
th
&u"ust, 196D.I
E. >ostersHnotices can be disla!ed
b! the reco"nised associations on
notice boards in the o$ce remises
)ith the ermission of the
cometent authorit! at the laces
seci0ed for this urose. This
facilit! so rovided to reco"nised
associationsHunions does not confer
on individual Government servants
or their associationsHunions an!
ri"ht to disla! ostersHnotices on
the )alls, doors, )indo)s, etc. of
the o$ce remises. Government
servants )ho a$6 or disla!
ostersHnotices or are resonsible
for the disla! of such notices in
violation of these instructions
)ould be renderin" themselves
liable to aroriate action.
Note 4.1 4.! 114
9. =ailure to obtain ermission from
cometent authorit! before leavin"
stationHhead1uarters ()hile
al!in" for, or on leave) is to be
vie)ed seriousl! and ma! entail
discilinar! action.
FBG>T G.8.. :o. 11(1'HDH944Cstt.(&)
dated 1E.(3.1994I
2. *mploment o" near
relati!es o" Go!ernment
ser!ants in companies or +rms
[Rule ,]
5.1 This rule re1uires that no
Government servant shall use his
o$cial osition or inLuence to
secure emlo!ment from an! 0rm
or coman!. & Grou & o$cer shall
not ermit his son or dau"hter to
accet an! emlo!ment in an!
coman! )ith )hich he has o$cial
dealin"s. The emlo!ment ma! be
acceted rovisionall! sub,ect to
the ermission of the "overnment.
5.5 =urther, he shall not si"n or
deal )ith an! contract )ith a 0rm
in )hich his son or dau"hter is
)or#in". Government servants,
e6cet Grou B emlo!ees, shall
furnish information, on the 0rst
aointment, statin" the
occuation of their close relations
emlo!ed in ublic underta#in" or
rivate 0rms. AClose relations7 for
this urose )ill include arents,
souse, children, brothers and
sisters. Suression of this
information )ould render him liable
for discilinar! action.
G-I decision belo% Rule ,
1. &ll emlo!ees (e6cet Grou
AB7) under the Government of %ndia
on 0rst emlo!ment should furnish
information in resect of their close
relations (father, mother,
)ifeHhusband, sonsHdau"htersH
brothersH sisters 4 resident and non4
resident) in the rescribed ro
forma. Suression of information
in this ro forma is a ma,or
deartmental o.ence for )hich the
unishment ma! e6tend to
dismissal from service. The ro
forma is to be #et in the &CR
dossier of the emlo!ee concerned.
FG.%., 8.9.&., G.8. :o. =.'H15H(S)H644
Csts.(<) dated 15.1(.1963I
,. .a/ing part in politics
and elections [Rule 5]
'.1 The CCS(Conduct) Rules la!
do)n that
(i) :o Government servant
shall be a member, or be
other)ise associated
)ith, an! olitical art!
or an! or"anisation )hich
ta#es art in olitics nor
shall he ta#e art in,
subscribed in aid of, or
Note 4.1 4.! 113
assists in an! other
manner, an! olitical
movement or activit!.
(ii) %t shall also be the dut! of
ever! Government
servant to revent the
members of his famil!
from ta#in" art in,
subscribin" in aid of, or
assistin" in an! other
manner an! movement
or activit! tendin"
directl! or indirectl!,
subversive or the
Government as b! la)
established.
(iii) %f an! 1uestion arises
)hether a art! is a
olitical art! or )hether
an! or"anisation ta#es
art in olitics or )hether
an! movement is
subversive of
Government as b! la)
established, the decision
of the Government shall
be 0nal.
(iv) :o Government servant
shall canvass or
other)ise interfere )ith,
or uses inLuence in
connection )ith or ta#e
art in an election.
0ote1 The disla! b! a
Government servant on his erson,
vehicle or residence of an!
electoral s!mbol shall amount to
usin" his inLuence.
Gist o" some related decisions
o" G-I under Rule 5
1. %t is the dut! of the Government
servant )ho )ishes to ,oin, or ta#e
art in the activities of an!
associationHor"anisation to satisf!
him that its aims and activities are
not of such nature as are li#el! to
be ob,ectionable under Rule 5. The
resonsibilit! for the conse1uences
of his decision rests s1uarel! on his
shoulders and a lea of i"norance
or misconcetion )ould not be
tenable.
F8.9.&., G.8. :o. 53H44H494Csts.(&)
dated 1D.(9.1949I
5. &ttendance at meetin"s
or"anised b! a olitical art! )ould
al)a!s be contrar! to Rule 3 unless
the meetin" (i) is a ublic meetin"@
(ii) it is not held contrar! to an!
rohibitor! order or )ithout
ermission@ (iii) the Government
servant does not sea# or ta#e a
rominent art in the meetin".
FG.%., C.S. (Bet. of >er.), G.8. :o.
53H4HD'4Csts. (&), 1D45419D'I
'. Government servants desirous
of ,oinin" forei"n lan"ua"e classes
conducted b! %ndo4=orei"n cultural
Note 4.1 4.! 116
or"anisations should obtain rior
ermission from cometent
authorit!.

F8.9.&., G.8. :o. 53H4(H634Csts.(&)
dated 1E.(3.1966I
4. %t is essential that Government
servants should not onl! maintain
olitical neutralit! but should also
aear to do so. The! should not
articiate in the activities of, or
associate themselves )ith an!
or"anisation )here there is the
sli"htest reason to thin# that the
or"anisation has a olitical asect.
F8.9.&. G.8. :o. 6H6H694Csts.(<) dated
1E.(D.1969I

3. :o revious sanction of the
Government is re1uired for a
Government servant to underta#e
honorar! )or# of a social
Hcharitable nature but he should
discontinue ta#in" art in such
activities, if so directed b! the
Government. >rior ermission is
essential onl! if the Government
servant see#s to hold an elective
o$ce. =urther, )hile Government
servants are free to rofess and
ractice an! reli"ion in their rivate
lives, the! should so conduct
themselves in ublic as to leave no
room for an! imression that the!
do not subscribe to the secular
hilosoh! of the State. Some of
the or"anisations and movements
claimin" to aim at social and
reli"ious reforms ma! have some
attributes of sectarian or
communal nature. The
resonsibilit! for the conse1uences
of the decision to ,oin an!
or"anisation and articiatin" in its
activities )ill rest )ith the
emlo!ee himself. & Government
servant )ho )ishes to ,oin an!
or"anisation or association should
therefore, satisf! himself that its
activities and ob,ectives are not of
such a nature to attract action
under an! of the rovision of the
Conduct Rules.
FBG>T G.8.. :o. 11(1'H3HEE4Cstt.(&)
dated 11.(D.19EEI
4. 2oining o" associations b
Go!ernment ser!ants [Rule 3]
4.1 This rule stiulates that no
Government servant shall ,oin, or
continue to be a member of, an
association the ob,ects and or
activities of )hich are re,udicial to
the interests of the soverei"nt! and
inte"rit! of %ndia or ublic order or
moralit!.
G-I decision belo% Rule 3
1. &ction for alle"ed violation of
Rule 3 can be ta#en b! a
discilinar! authorit! onl! )hen an
authorit! not belo) the level of the
9ead of Beartment has decided
that the ob,ects or activities of the
&ssociation concerned are such as
)ould attract Rule 6 ibid.
Note 4.1 4.! 11D
F8.9.&., Bett. Gf >ersonnel J &.R. :o.
11(1'H5HDD4Cstt.(&) dated (D.(6.19DEI
-. Demonstrations and stri/es
b Go!ernment ser!ants [Rule
4]
3.1 Rule D of the Conduct Rules
la!s do)n that no Government
servant shall
(i) en"a"e himself or
articiate in an!
demonstration )hich is
re,udicial to the
interests of the
soverei"nt! and inte"rit!
of %ndia, the securit! of
the State, friendl!
relation )ith forei"n
states, ublic order,
decenc! or moralit! or
)hich involves contemt
of court, defamation or
incitement to an o.ence,
or
(ii) resort to or in an! )a!
abet an! form of stri#e or
coercion or h!sical
duress in connection )ith
an! matter ertainin" to
his service or the service
of an! other Government
servant.
G-I decisions belo% Rule 4
1. 34tri1es5 ( %nterretation of )hat
constitutes a stri#e under the
conduct Rules. 56tri/e) means
re"usal to %or/ or stoppage or
slo%ing do%n o" %or/ b a
group o" emploees actin" in
combination, and includes ;
(i) mass absentation from
)or# )ithout ermission
()hich is )ron"l!
described as +mass
casual leave/)@
(ii) refusal to )or#
overtime )here such
overtime )or# is
necessar! in the ublic
interest@
(iii) resort to ractices or
conduct )hich is li#el! to
result in, or results in the
cessation or substantial
retardation of )or# in an!
or"anisation. Such
ractices )ould include,
)hat are called A"o4slo)7,
Asit4do)n7, Aen4do)n7
sta!4in7, s!mathetic/ or
an! other similar stri#e@
as also absence from
)or# for articiation in a
<andh or an! similar
movements.
5. Government servants )ho
resort to action of the above #ind
Note 4.1 4.! 11E
violate rule D of the Central Civil
Services (Conduct) Rules, 1964 and
discilinar! action can be ta#en
a"ainst them. %t ma! be noted that
the list of activities )hich are
covered under the de0nition of
stri#e as enumerated above is onl!
illustrative and not e6haustive.
F8.9.&., G.8. :o. 53H5'H664Csts.(&),
dated (9.15.1966I
'. Participation in 7G$erao8 'y
Central )overnment servants (
%nstances have come to the notice
of Government in )hich emlo!ees
of certain Central Government
o$ces sta"ed )hich is called
+Gherao/, involvin" forcible
con0nement of ublic servants
)ithin o$ce remises b!
surroundin" their laces of dut!
and have held demonstrationsH
meetin"s both )ithin o$ce
remises durin" o$ce hours and
also outside the o$ce remises
be!ond o$ce hours, tendin" to
forcible con0nement of ublic
servants )ithin o$ce remises.
Such demonstrationsHactivities are
re,udicial to ublic order and also
involve criminal tresass or
incitement to commit o.ences.
The! are also subversive or
disciline and harmful to the ublic
interest, and articiation in them
b! Government servants and )ould
constitute "ood and su$cient
reason )ithin the meanin" of Rule
11 of the Central Civil Services
Rules, 1963. %t has, therefore, been
decided that a serious vie) should
be ta#en of such acts of
la)lessness and insubordination on
the art of ublic servants. The
Central Government Beartments
are advised to ta#e action on the
follo)in" lines in such cases
(i) Biscilinar! action should
be ta#en a"ainst the
rominent articiants in
the AGherao7 for
contravention of Rules '
and D of the Central Civil
Services (Conduct) Rules,
1964. %n the char"e4sheet
to be served in ursuance
of such discilinar!
action, it should be
seci0ed to the e6tent
that the facts ,ustif!, that
demonstrations
re,udicial to ublic order
and involvin" criminal
o.ences, namel!,
)ron"ful restraint,
)ron"ful con0nement,
criminal tresass and
incitement to such
o.ences, have been held
that such conduct )as
subversive of disciline
and harmful to the ublic
interest@ and that the
conduct )as )holl!
unbecomin" of a
Government servant.
(ii) &bsence from )or#
on account of
articiation in AGherao7,
should in all cases be
Note 4.1 4.! 119
treated as unauthorised
absence involvin" brea#
in service. The absence
should not be re"ularised
as leave of an! #ind.
(iii) Mhenever there is a case
of AGherao7, )ron"ful
restraint, )ron"ful
con0nement or criminal
tresass or of an! other
co"ni2able o.ence, a
)ritten reort should be
made to the G$cer4in4
char"e of the >olice
Station havin"
,urisdiction, re1uestin"
him to re"ister the
o.ence and to ta#e
action under the la). The
names of the o.enders
should be included in the
)ritten reort. Coies of
the reort should be
endorsed to the >olice
CommissionerH
Suerintendent of >olice
and the 9ome Secretar!
to the State Government
concerned for necessar!
action accordin" to la).
(iv) %f, not)ithstandin" the
mandator! rovisions of
the Criminal >rocedure
Code, >olice ta#es no
action on such a reort,
action should be ta#en
romtl! to 0le a
comlaint before the
aroriate 8a"istrate in
resect of the
substantive o.ences
under the %ndian >enal
Code or other la). %n
certain circumstances a
etition could be 0led
before the 9i"h Court for
issue of aroriate )rit,
but this should be done
after ta#in" le"al advice.
FG.%. 8.9.&., G.8. :o. 53HS.11H6D4Csts.
(&), dated the 1'
th
&ril, 196DI
#. Connection %it$ 9ress or
ot$er media [Rule :]
6.1 :o Government servant,
e6cet )ith the revious sanction
of the Government, is ermitted to
o)n )holl! or in art or conduct or
articiate in the editin" or
mana"ement of, an! ne)saer or
other eriodical ublications or
electronic media. This ho)ever, )ill
not al! in case of Government
servant )ho in the 'ona 6de
dischar"es of his o$cial duties,
ublishes a boo# or articiates in
a ublic media.
6.5 & Government servant
ublishin" a boo# or articiatin"
in a ublic media is re1uired to
ma#e it clear that the vie)s
e6ressed b! him are his o)n and
not that of the Government.
G-I decision belo% Rule :
Note 4.1 4.! 15(
1. Participation in A.I.R.
programmes and receiving o#
/onorarium t/ereo# ( ermission
not necessar!.
.. Criticism o" Go!ernment
[Rule ;]
D.1 Rule ; of the Conduct Rules
stiulates that no Government
servant shall, in an! radio
broadcast, telecast throu"h an!
electronic media or in an!
document ublished in his o)n
name or anon!mousl!,
seudon!mousl! or in the name of
an! other erson or in an!
communication to the ress or in
an! ublic utterance, ma#e an!
statement of fact on oinion ;
(i) )hich has the e.ect of an
adverse criticism of an!
current or recent polic
on action o" t$e
Central or 6tate
Go!ernment<
(ii) )hich is caable of
embarrassin" the relation
bet)een the Central
Government and the
Government of an! State@
(iii) )hich is caable of
embarrassin" the
relations bet)een the
Central Government and
the Government of an!
forei"n State.
G-I instructions belo% Rule ;
1. %nstances have come to notice
of Service &ssociations of
Government emlo!ees4
(i) >assin" resolutionsH ma#in"
statements andHor
e6ressin" oinion on
issues )hich involve
violation b! the individual
emlo!ee of the Rule 9 of
the Conduct Rules. %n
such cases, discilinar!
action to be initiated b!
callin" for e6lanation
from those individuals
)ho are si"natories or
arties to the resolutions
if the! are servin"
Government emlo!ees.
F8.9.&., G.8. :o. 53H3H6E4Csts.(&)
dated 1D.(1.196E.I
5. %t is reiterated that si"natories
or arties to resolutions, etc.,
assed b! service
associationsHunionsHfederations
)hich violate a"ainst the rovisions
of Rule ; )ould render themselves
liable to discilinar! action.
Note 4.1 4.! 151
FG.%., Cabinet Secretariat, Bet. of
>ersonnel :o. 53H4HD54Csts.(&) dated
1E.(5.19D5I
/. *!idence be"ore
Committee or an ot$er
aut$orit [Rule 1=]
E.1 :o Government servant is
ermitted, e6cet )ith the revious
sanction of the Government, to
"ive evidence in connection )ith
an! in1uir! conducted b! an!
erson, committee or authorit!.
E.5 Mhere a Government
servant "ives evidence )ith
revious sanction of the
Government, he shall not criticise
the olic! or an! action of the
Central Government or of a State
Government.

G-I instructions belo% Rule 1=

1. The above )ill not al! to
Government servants )ho aear
before the >a! Commission on
behalf of service associations,
rovided the! are so authorised b!
the associations. There is also no
ob,ection to individual Government
servants submittin" 8emoranda
etc. to the >a! Commission, in their
individual caacit!, rovided that
individual "rievances are not t
before the Commission.
FG.%, B.>.J &.R., G.8. :o. 11(1'H16HE'4
Cstt.(&) dated 16.11.19E'I
". >naut$orised
communication o" in"ormation
0R1%e 112
9.1 :o Government servant
shall, e6cet in accordance )ith
an! "eneral or secial order of the
Government or in the erformance
in "ood faith of the duties assi"ned
to him@ communicate directl! or
indirectl!, an! o$cial document or
an! art thereof or information to
an! Government servant or an!
other erson to )hom he is not
authorised to communicate such
document or information.
*?planation1 Nuotation b! a
Government servant (in his
reresentation to the 9ead of
G$ceH9ead of
BeartmentH>resident) of or from
an! letter, circular, memorandum
and notes from 0les )hich he is not
authorised to have accessH#ee in
his ersonal custod! )ill amount to
unauthorised communication of
information )ithin the meanin" of
Rule 11#
Gist o" some related G-I
instructions belo% Rule 11
1. %t is not necessar! to disclose
the identit! of the suerior o$cer
)ho made adverse remar#s in the
Note 4.1 4.! 155
annual con0dential reort of a
Government servant. %f, ho)ever,
in a articular case, it is considered
necessar! to disclose the identit!
of the suerior o$cer, the authorit!
dealin" )ith the reresentation
ma! at his discretion allo) the
identit! to be communicated.
5. %t is the dut! of all Government
servants to safe"uard the securit!
of all classi0ed information to
)hich the! have access in the
course of their o$cial duties.
13. 6ubscriptions [Rule 12]
1(.1 :o Government servant shall
of the Government or of the
rescribed authorit!, as# for or
accet contributions to, or
other)ise associate himself )ith
the raisin" of an! funds or other
collections in cash or in #ind in
ursuance of an! ob,ect
)hatsoever.
Gist o" some related G-I
decisions
1. Government servants should
not sonsor the raisin" of funds
from the ublic for an! urose
)hatsoever. 8ere a!ment of a
subscrition to some charitable or
benevolent fund )ould not, b!
itself, amount to the articiation
in the raisin" of such fund.
FG.%., 8.9.&., G.8. :o. 54H3(H334Csts.
dated 1(.(E.1933I
5. The members of a service
association can freel! collect
subscrition amon" themselves for
)elfare activities of the
association. So lon" as their aeal
is con0ned to the members, no
ermission need be sou"ht. %f an!
aroach is made to the ublic,
directl! or indirectl!, such
ermission is necessar!.
*?ceptions1-
(i) =la" da! collections e6emted
FG.%., 8.9.&., 8emo :o. 53H''H334Csts.
dated '1.1(.1933I
(ii) Central Government servants
allo)ed to articiate in the fund
raisin" e.orts of the national
=oundation for Communal 9armon!
on a voluntar! basis.
FG.%., BG>T, G.8. :o. 11(1'H9H934Cstt.
(&) dated (5.11.1993I
11. Gi"ts [Rule 13]
Note 4.1 4.! 15'
11.1 C6cet as rovided in the
Conduct Rules, no Government
servant shall accet, or ermit an!
member of his famil! or an! other
erson actin" on his behalf to
accet, an! "ift.
*?planations1
(i) +Gift/ includes free
transort, boardin",
lod"in" or other service
or an! other ecuniar!
advanta"e )hen rovided
b! an! erson other than
a near relative or
ersonal friend havin" no
o$cial dealin"s )ith the
Government servant.
(ii) & casual meal, lift or other
social hositalit! shall not
be deemed to be a "ift.

(iii) & Government servant
shall avoid accetin"
lavish hositalit! or
fre1uent hositalit! from
an! individual, industrial
or commercial 0rms,
or"anisations, etc.,
havin" o$cial dealin"s
)ith him.
(iv) Gn occasions such as
)eddin"s, anniversaries,
funerals or reli"ious
functions, )hen
"ivin"Hreceivin" "ifts is in
conformit! )ith the
revailin" reli"ious and
social ractice, a
Government servant ma!
accet "ifts from his near
relatives or from his
ersonal friends havin"
no o$cial dealin"s )ith
him, but shall ma#e a
reort to the
Government, if the value
of such "ift e6ceeds ;
(a) Rs. 3,((( 4
Government servant
holdin" an! Grou A&7
ost@
(b) Rs ',((( 4
Government servant
holdin" an! Grou A<7
ost@
(c) Rs. 1,((( 4
Government servant
holdin" an! Grou AC7
ost and
(d) Rs. 3(( 4 Government
servant holdin" an!
Grou AB7 ost.
(v) %n an! other case, a
Government servant shall
not accet an! "ift
)ithout the sanction of
the Government if the
value thereof e6ceeds ;
(a) Rs. 1,((( Government
servants holdin" an!
Grou +&/ or Grou
+</ ost@ and
Note 4.1 4.! 154
(b) Rs. 53( 4 holdin" an!
Grou +C/ or Grou
+B/ ost.
12. Do%r [Rule 13A]
15.1 &s re"ards do)r!, the
Conduct Rules la! do)n that no
Government servant shall4
(i) "ive or ta#e or abet the
"ivin" or ta#in" of do)r!@
(ii) demand directl! or
indirectl!, from the
arent or "uardian of a
bride or a bride"room, as
the case ma! be, an!
do)r!.
15.5 * till 1961, do)r! )as
re"arded as a customar! "ift )hich
the Government servant could
accet )ithout rior sanction. &s
er the section do)r! is no lon"er
treated as a customar! "ift in the
conte6t of the rovisions of the
Bo)r! >rohibition &ct, 1961.
G-I decision belo% Rule 13-A
1. &n! violation of the rovision of
Bo)r! >rohibition &ct, 1961 b! a
Government servant )ill constitute
a "ood and su$cient reason for
institution of discilinar!
roceedin"s a"ainst him in addition
to such le"al action as ma! be
ta#en a"ainst him in accordance
)ith the rovisions of the &ct.
FG.%., 8.9.&., G.8. :o. 53H'DH634Csts.
(&) dated '(.(E.1963I
1,. 9ublic Demonstrations in
$onour o" Go!ernment
ser!ants [Rule 1,]
1'.1 :o Government servant
shall, e6cet )ith the revious
sanction of the Government,
receive an! comlimentar! or
valedictor! address or accet an!
testimonial or attend in a meetin"
or entertainment held in his
honour@ or in the honour of an!
other Government servant.
9o)ever, this )ill not al! to 4
(i) a fare)ell entertainment of
a substantiall! rivate
and informal character
held in honour of a
Government servant or
an! other Government
servant on the occasion
of his retirement or
transfer of an! erson
)ho has recentl! 1uitted
the service of an!
Government@
(ii) the accetance of simle
and ine6ensive
entertainment arran"ed
Note 4.1 4.! 153
b! ublic bodies or
institutions.
G-I clari+cation belo% Rule 1,
1. Government servants should
not be allo)ed to accet a)ards or
monetar! bene0ts instituted b!
rivate trustsHfoundations etc.
FG.%., BG>T., G.8. :o. 11(1'H5H994Cstt.
(&) dated 1D.(5.5(((.I
14. 9ri!ate trade or
emploment [Rule 15]
14.1 :o Government servant shall,
of the Government 4
(i) en"a"e directl! or
indirectl! in an! trade or
business@
(ii) ne"otiate for, or
underta#e, an! other
emlo!ment@
(iii) hold an elective o$ce, or
canvass for a candidate
or candidates for an
elective o$ce, in an!
bod!, )hether
incororated or not@
(iv) canvass in suort of an!
business of insurance
a"enc!, commission
a"enc!, etc., o)ned or
mana"ed b! an! member
of his famil!@
(v) ta#e art e6cet in the
dischar"e of his o$cial
duties, in the re"istration,
romotion or
mana"ement of an! ban#
or other coman!
re"istered or re1uired to
be re"istered, under the
Comanies &ct, 1936 or
an! other la) for the time
in force or of an! co4
oerative societ! for
commercial uroses@
(vi) articiate in or associate
himself in an! manner in
the ma#in" of 4
(a) a sonsored media
(radio or television
ro"ramme)@
(b) a media ro"ramme
commissioned b! a
Government media but
roduced b! a rivate
a"enc!@
(c) a rivatel! roduced
media ro"ramme
includin" video
ma"a2ine.
14.5 & Government servant ma!,
)ithout the revious sanction of
the Government underta#e 4
Note 4.1 4.! 156
(i) honorar! )or# of a social
or charitable nature@
(ii) occasional )or# of a
literar!, artistic or
scienti0c character@
(iii) articiate in sorts
activities as an amateur@
(iv) ta#e art in the
re"istration, romotion or
mana"ement (not
involvin" the holdin" of
an elective o$ce) of a
literar!, scienti0c or
charitable societ! or of a
club or similar
or"anisation, the aims or
ob,ects of )hich relate to
romotion of sorts,
cultural or recreational
activities, re"istered
under the Societies
Re"istration &ct, 1E6( or
an! other la) in force@
(v) ta#e art in the
re"istration, romotion or
mana"ement (not
involvin" the holdin" of
elective o$ce) of a co4
oerative societ!
substantiall! for the
bene0t of Government
servants, re"istered
under the Co4oerative
Societies &ct, 1915 Hor
an! other la) in force@
9ro!ided t$at @
(i) he shall discontinue
ta#in" art in such
activities, if so directed
b! the Government@ and
(ii) his o$cial duties shall not
su.er thereb! and he
shall, )ithin a eriod of
one month of his ta#in"
art in such activit!,
reort to the Government
"ivin" details of the
nature of his
articiation.
14.' Cver! Government servant
shall reort to the Government if
an! member of his famil! is
en"a"ed in a trade or business or
o)ns or mana"es in insurance
a"enc! or commission a"enc!.
14.4 *nless other)ise rovided b!
"eneral or secial orders of the
Government, no Government
servant ma! accet an! fee for an!
)or# done b! him for an! rivate
or ublic bod! or an! rivate
erson )ithout the sanction of the
rescribed authorit!.
Note 4.1 4.! 15D
1. Permission to participate in
t/e AIR programmes and to receive
/onorarium t/ere #rom ( >ermission
not re1uired if the broadcasts are
urel! literar!, artistic or scienti0c
character and in such cases,
ermission is also not necessar! for
Government servants to receive
honorarium. %n cases )here
ermission to broadcast is
necessar!, such ermission, if
"iven, should be ta#en to carr!
)ith it also the sanction to receive
the honorarium.
FG.%., 8.9.&. G.8. :o. 53H'5H364Csts.(&)
dated 13.(1.193D.I
5. Acceptance o# part&time
employment
o# $0aminer&s/ip o# e0amination
papers set 'y recognised
7niversities ( Since o.ers of
C6aminer4shi are "enerall! of a
casual nature, occurrin" once or
t)ice a !ear, there is no ob,ection
to "ivin" ermission in such cases.
FG.%., 8.9.&., G.8. :o. 53H3H364Csts.(&)
dated (6.(9.193D .I
'. &ccetance of art4time
emlo!ment of Government
servants after o$ce hours
ordinaril! not to be allo)ed.
FG.%., 8.9.&., G.8. :o. 53H45H3E4Csts.
(&), dated 16.1(.193E.I
1-. 6ub-letting and !acation
o" Go!ernment accommodation
[Rule 15-A]

13.1 :o Government servant can
sub4let, lease or other)ise allo)
occuation b! an! other erson of
Government accommodation )hich
has been allotted to him.
13.5 & Government servant shall,
after the cancellation of his
allotment of Government
accommodation vacate the same
)ithin the time4limit rescribed b!
the allottin" authorit!.
G-I decision belo% Rule 15-A
1. Mhere a Government servant
has been found "uilt! of lettin"
outHsub4lettin" the Governmental
accommodation allotted to
himHher, the discilinar! authorit!
must ta#e suitable deartmental
discilinar! action under the
discilinar! rules for imosition of a
suitable enalt! on "rounds of
unbecomin" conduct involvin"
violation of Rule '(1) (iii) of the
Conduct Rules.
FG.%., BG>T., G.8. :o. 11(1'H14HE34
Cstt.(&) dated (6.('.19E6 and BG>T.
Note 4.1 4.! 15E
G.8. :o. 11(15H5H9D4Cstt.(&) dated
'1.15.199D.I
1#. In!estments' lending and
borro%ing [Rule 13]
shall 4
(i) seculate in an! stoc#,
share or other
investments. This shall
not al! to occasional
investments made
throu"h stoc# bro#ers
and the li#e. =re1uent
urchase or sale or both,
of shares, securities or
other investments shall
be deemed to be
seculation@
(ii) ma#e, or ermit an!
member of his famil! or
an! erson actin" on his
behalf to ma#e, an!
investment )hich is li#el!
to embarrass or inLuence
him in the dischar"e of
his o$cial duties@
(iii) either himself or throu"h
an! member of his famil!
or an! other erson
actin" on his behalf ;
(a) -end or borro) or
deosit mone!, as a
rincial or an a"ent,
to, or from or )ith,
an! erson or 0rm or
rivate limited
coman!.
(b) -end mone! to
an! erson at interest
or in a manner
)hereb! return in
mone! or in #ind is
char"ed or aid.
1. %nstances have come to notice
of the Government )here certain
Government servants have entered
into transactions re"ardin"
moveableHimmoveable roert!
)ithout the revious sanction of
the rescribed authorit! and the!
have after)ards sou"ht e64ost4
facto sanction. Such a rocedure
renders the rovision of the rules
comletel! ine.ective and defeats
the urose for )hich the rules
have been framed. Government
servants concerned should,
therefore, adhere to the rovisions
of the rules strictl! and obtain the
sanction of the rescribed
authorit!, )herever necessar!,
before enterin" into such
transactions.

FG.%., 8.9.&., G.8. :o. 53H53H61HCstt.
(&) dated 56.(6.1961.I
Note 4.1 4.! 159
5. &ll o$cers should be advised
not to aroach their subordinates
for standin" suret! for loans ta#en
from rivate sources either b!
them or b! their relatives or
friends.
FG.%., 8.9.&., G.8. :o. 53H53H61HCstt.
(&) dated 56.(6.1961.I
1.. Insol!enc and $abitual
indebtedness [Rule 14]
1D.1 & Government servant shall
mana"e his rivate a.airs b!
avoidin" habitual indebtedness or
insolvenc!. %f an! le"al roceedin"
is instituted for recover! of an!
debt due from him or for ad,ud"in"
him as an insolvent, he shall
forth)ith reort the full facts of the
le"al roceedin"s to the
Government.
1/. Ao!able' immo!able and
!aluable 9ropert [Rule 1:]
1E.1 Cver! Government servant is
re1uired on his 0rst aointment to
an! service or ost submit a return
(format of returns rescribed vide
Cabinet Sectt, BG> G8 :o.
53HDH634Csts(&) dated
(E.(1.19D')of his assets and
liabilities "ivin" full articulars of;
(i) the immovable roert!
inherited b! him, or
o)ned or ac1uired b! him
or held b! him on lease
or mort"a"e, either in his
o)n name or in the name
of an! member of his
famil! or in the name of
an! other erson.
(ii) shares, debentures and
cash includin" ban#
deosits inherited b! him
or similarl! o)ned
ac1uired or held b! him.
(iii) other movable roert!
inherited b! him or
similarl! o)ned, ac1uired
or held b! him and
(iv) debts and other liabilities
incurred b! him directl!
or indirectl!.
1E.5 :o Government servant shall
accet )ithout the revious
#no)led"e of the rescribed
authorit! ac1uire or disose o. an!
immovable roert! b! lease,
mort"a"e, urchase, sale, "ift or
other)ise either in his o)n name
or in the name of an! member of
his famil!.
1". Restrictions in relation to
acBuisition and disposal o"
immo!able propert outside
Note 4.1 4.! 1'(
India and transactions %it$
"oreigners' etc# [Rule 1:A]
19.1 :o Government servant shall,
e6cet )ith revious sanction of
the rescribed authorit! ;
(i) ac1uire, b!
urchase, mort"a"e,
lease, "ift or other)ise,
either in his o)n name or
in the name of an!
member of his famil!,
an! immovable roert!
situated outside %ndia@
(ii) disose of, b! sale,
mort"a"e, "ift or
other)ise or "rant an!
lease in resect of an!
immovable roert!
situated outside %ndia
)hich )as ac1uired or is
held b! him either in his
o)n name or in the name
of an! member of his
famil!@
(iii) enter into an! transaction
)ith an! forei"ner,
forei"n Government,
forei"n or"anisation or
concern,4
(a) for the ac1uisition, b!
urchase, mort"a"e,
lease, "ift or
other)ise, either in
his o)n name or in
the name of an!
member of his famil!,
an! immovable
roert!@
(b) for the disosal of, b!
sale, mort"a"e, "ift or
other)ise, or the
"rant of an! lease in
resect of an!
immovable roert!
)hich )as ac1uired or
is held b! him either
in his o)n name or in
the name of an!
member of his famil!.
23. Cindication o" acts and
c$aracter o" Go!ernment
ser!ant [Rule 1;]
5(.1 :o Government servant shall,
of the Government, have recourse
to an! Court or to the >ress for the
vindication of an! o$cial act )hich
has been the sub,ect4matter of
adverse criticism or an attac# of a
defamator! character.
9ro!ided t$at
(i) if no such sanction is
received b! the
Government servant
)ithin a eriod of three
months from the date of
receit of his re1uest b!
the Government, he shall
be free to assume that
the ermission as sou"ht
Note 4.1 4.! 1'1
for has been "ranted to
him.
5(.5 :othin" in this rule shall be
deemed to rohibit a Government
servant from vindicatin" his rivate
character or an! act done b! him in
his rivate caacit! and )here an!
action for vindicatin" his rivate
character or an! act done b! him in
rivate caacit! is ta#en, the
Government servant shall submit a
reort to the rescribed authorit!
re"ardin" such action.
G-I decisions belo% Rule 1;
1. Conviction o# )overnment
servants ( re1uirement re"ardin"
intimation to deartmental
sueriors. %t shall be the dut! of a
Government servant )ho ma! be
convicted in a criminal court, to
inform his o$cial sueriors of the
fact of his conviction and the
circumstances connected
there)ith, as soon as it is ossible
for him to do so. =ailure on the art
of an! Government servant so to
inform his o$cial sueriors )ill be
re"arded as suression of
material information and )ill
render him liable to discilinar!
action on this "round alone, aart
from the enalt! called for on the
basis of the o.ence on )hich his
conviction )as based.
5. )overnment servants see1ing
redress in Courts o# 8aw o# t/eir
grievances arising out o# t/eir
employment or conditions o#
service ( instructions thereof?
(i) Government servants
see#in" redress of their
"rievances arisin" out of
their emlo!ment or
conditions of service
should, in their o)n
interest and also
consistentl! )ith o$cial
roriet! and disciline,
0rst e6haust the normal
o$cial channels of
redress before the! ta#e
the issue to a court of
la).
(ii) Mhere, ho)ever,
ermission to sue
Government in a court of
la) for the redress of
such "rievances is as#ed
for b! an! Government
servant either before
e6haustin" the normal
o$cial channels of
redress or after
e6haustin" them, he ma!
be informed that such
ermission is not
necessar!.
21. Can!assing o" non-o&cial
or ot$er outside inDuence
[Rule 2=]
51.1 :o Government servant shall
brin" or attemt to brin" an!
Note 4.1 4.! 1'5
olitical or other outside inLuence
to bear uon an! suerior authorit!
to further his interests in resect of
matters ertainin" to his service
under Government.
G-I decisions belo% Rule 2=
1. Representation o# service
matters 'y relatives s/ould 'e
discouraged (:o notice should be
ta#en of a reresentation on
service matters submitted b! a
relative of a Government servant.
The onl! e6cetion ma! be cases in
)hich because of the death or
h!sical disabilit!, etc. of the
Government servant, it is
imossible for the Government
servant himself to submit a
reresentation.
FG.%., 8.9.&., G.8. :o. =53H51H6'4Csts.
(&), dated 19.(9.196'.I
5. Pro/i'ition on 'ringing any
political or outside in9uence in
respect o# matters pertaining to
service under t/e )overnment &
Rule 2= o" CC6EConductF Rules'
1964 rovides that no Government
servant shall brin" or attemt to
brin" an! olitical or other outside
inLuence to bear uon an! suerior
authorit! to further his interest in
resect of matters ertainin" to his
service under the Government.
%nstructions have been issued from
time to time brin"in" to the notice
of all Government servants the
aforesaid rule rovisions. %nstances
have come to notice )here
individual Government servant
have aroached the 8inistr! of
*rban Beveloment (Birectorate of
Cstate) for out of turn allotment of
residential accommodation, or for
a dearture from the allotment
rules throu"h 8embers of
>arliament, rominent ersons,
oliticians etc. Since the allotment
of Government accommodation to
a Government servant is made onl!
because of his service under the
Government, such canvassin" for
out of turn allotment throu"h 8>s
and other olitical ersons etc.
constitutes a violation of the
rovisions of Rule 5( of the
CCS(Conduct) Rules, 1964. The
Government servants are,
therefore, advised to refrain from
such ractice. The! should not
brin" or attemt to brin" an!
olitical or other out side inLuence
to further their interests in resect
of matters ertainin" to their
service under the Government,
includin" allotment of residential
accommodation.
FG.%., BG>T., G.8. :o. 11(1'H6H9(4Cstt.
(&), dated '(.('.199(.I
'. Procedure #or dealing wit/ t/e
)overnment servants attempting
to #urt/er t/eir service interests
t/roug/ non&)overnmental
in9uence&instructions wit/
re#erence to rule !: o# t/e
CC4;Conduct< Rules, 1=>4 ( Rule
2= o" t$e CC6EConductF Rules'
1964 rovides that no Government
servant shall brin" or attemt to
brin" an! olitical or other outside
inLuence to bear uon an! suerior
Note 4.1 4.! 1''
authorit! to further hisHher service
under the Government. The
Government of %ndia has, from time
to time, emhasi2ed that
Government servant should not
aroach 8embers of >arliament or
State -e"islatures or other
oliticalHoutside authorities to
sonsor their cases in resect of
service matters. &s er G8 :o.
11(1'HDHE34Cstt.(&), dated
55.(3.19E3, the follo)in" action
should be ta#en a"ainst
Government servant aroachin"
8embers of >arliament or State
-e"islatures for sonsorin"
individual cases.
4. & Government emlo!ee
violatin" the aforesaid rovisions of
the Conduct Rules for the 0rst time
should be advised b! the
aroriate discilinar! authorit!,
to desist from aroachin"
8embers of >arliamentH 8embers
of State -e"islature to further
hisHher interest in resect of
matters ertainin" to hisHher
service conditions. & co! of this
advice need not, ho)ever, be
laced in the CR dossier of the
emlo!ee concerned.
3. %f a Government emlo!ee is
found "uilt! of violatin" the
aforesaid rovisions of the Conduct
Rules a second time desite the
issue of advice on the earlier
occasion, a )ritten )arnin" should
be issued to himHher b! the
aroriate discilinar! authorit!
and a co! thereof should be
laced in hisHher CR dossier.
6. %f a Government emlo!ee is
found "uilt! of violatin" the
aforesaid rovisions of the Conduct
Rules, desite the issue of )arnin"
to himHher, discilinar! action
should be initiated a"ainst himHher
b! the aroriate discilinar!
authorit! under the rovision of
D. %n site of the above
instructions, cases of individual
Government servants continue to
be sonsored b! ublic
reresentativesHoutside authorities.
&fter careful consideration of all
asects of the matter it has been
decided that the follo)in"
rocedure ma! be adoted for
dealin" )ith communications from
ublic reresentativesHoutside
authorities relatin" to the service
matters of Government emlo!ees?
(i) Communications
received from ublic
reresentatives re"ardin"
roblems of
"rousHcate"ories of
Government functionaries
must be entertained and
dealt )ith on a time4
bound basis. %n all such
cases, after due
e6amination, aroriate
relies )ould continue to
be issued at the level of
the 8inister concerned.
Note 4.1 4.! 1'4
(ii) &ll communications from
ublic reresentatives
relatin" to the "rievances
of the retired ersonnel
should receive the same
consideration and be
dealt )ith in the same
)a! as outlined in (i)
above.
(iii) %n cases in )hich a ublic
reresentatives sonsors
the cause of an individual
Government servant (e.".
recruitment,
aointment, romotion,
ostin" to articular
station, aointment to a
seci0c osition,
comlaints a"ainst suer
session, e6unction of
adverse remar#s,
allotment of Government
accommodation, etc.) a
formal rel! should
continue to be sent from
the 8inister
ac#no)led"in" the
receit of the
communication statin"
that the contents of the
letter have been noted
and )here necessar!,
su""estin" that the
erson )hose case has
been recommended, ma!
be advised to reresent
his case throu"h roer
o$cial channels. &ll such
communications
addressed to the 8inister
shall be relied to at,
hisHher level. %n all such
cases the formal rel!
"iven b! the 8inister
shall be deemed to
disose of the
communication unless
there are further
directions from the
8inister in the matter.
FG.%., BG>T., G.8. :o. 11(1'H15H944
Cstt.(&), dated 15.(1.1993.I
E. Canvassing o# non&o?cial or
ot/er outside in9uence 'y
)overnment servants & <rin"in" or
attemtin" to brin" an! olitical or
other outside inLuence b! a
Government servant to bear uon
an! suerior authorit! to further his
interest in resect of service
matters ertainin" to his service
under the Government is rohibited
under the rohibited under the
rovisions of the Conduct Rules.
Betailed rocedure for dealin" )ith
the Government servants
attemtin" to further their service
interests throu"h non4
Governmental inLuence has been
rescribed in BG>T7s G8 :o.
11(1'H15H944Cstt.(&) dated
15.(1.1993.
9. %n site of these instructions,
certain Government servants are
still brin"in" to bear outside
inLuence indirectl! to further their
service interests. %t is clari0ed that
brin"in" of indirect inLuence b!
Government servant )ould also
Note 4.1 4.! 1'3
attract the rovisions of rule 5( of
the CCS(Conduct) Rules, 1964.

FG.%., BG>T., G.8. :o. 11(1'H11H9D4
Cstt.(&), dated (6.11.199D.I
1(. Representation #rom
)overnment servants on service
matters &%t has been envisa"ed in
the 8inistr! of 9ome &.airs G8 :o.
11EH354Csts. Bated '(th &ril
1935, that )henever, in an! matter
connected )ith his service ri"hts or
conditions, a Government servant
)ishes to ress a claim or to see#
redress of a "rievance, the roer
course for him is to address his
immediate o$cial suerior, or the
9ead of his o$ce, or such other
authorit! at the lo)est level as he
is cometent to deal )ith the
matter. Besite this, it is observed
that there has been a tendenc! on
the art of o$cers at di.erent
levels to b!4ass the rescribed
channels of reresentation and
)rite directl! to the hi"h
functionaries totall! i"norin" the
rescribed channels. The roblem
is more acute in lar"e Beartments
)here often ver! ,unior emlo!ees
at clerical levels address multile
reresentations to the 8inister,
>rime 8inister and other
functionaries. &art from individual
reresentations, the service unions
have also develoed a tendenc! to
)rite to the 8inisters and >rime
8inister on individual "rievances.
Some of these reresentations are
often for)arded throu"h 8embers
of >arliament, in violation of Rule
5( of the CCS(Conduct) Rules,
1964.
11. C6istin" instructions clearl!
rovide that reresentations on
service matters should be
for)arded throu"h roer channel.
The sta"e at )hich an advance
co! of the reresentation ma! be
sent to hi"her authorities has also
been indicated. %n 89& G8 :o.
53H'4H6E4Cstt.(&), dated
5(.15.196E, time limits for disosal
of various t!es of reresentation
have been rescribed. %f it is
anticiated that an aeal or
etition cannot be disosed of
)ithin a month of its submission,
an ac#no)led"ement or interim
rel! should be sent to the
individual )ithin a month.
15. Thus ade1uate instructions are
available in the matter of
submission of reresentations b!
the Government servants and
treatment of the reresentations b!
the authorities concerned. &s such
submission of reresentations
directl! to hi"her authorities b!4
assin" the rescribed channel of
communication, has to be vie)ed
seriousl! and aroriate
discilinar! action should be ta#en
a"ainst those )ho violate these
instructions as it can ri"htl! be
treated as an unbecomin" conduct
attractin" the rovisions of Rule
'(1) (iii) of the CCS(Conduct) Rules,
1964.
Note 4.1 4.! 1'6
FG.%., BG>T., G.8. :o. 11(1'HDH994Cstt.
(&), dated (1.11.1999.I
22. Restriction regarding
marriage [Rule 21]
enter into, or contract, a marria"e
)ith a erson havin" a souse
livin".
havin" a souse livin", shall enter
into or contract, a marria"e )ith
an! erson,
9ro!ided t$at
1. Central Government ma! ermit
a Government servant to enter
into, or contract an! such marria"e
as referred above, if it is satis0ed
that
(i) such marria"e is
ermissible under the
ersonal la) alicable
to such Government
servant and the other
art! to the marria"e@
and
(ii) there are other "rounds
for so doin".
55.' & Government servant )ho
has married or marries a erson
other than of %ndian nationalit! is
re1uired to forth)ith intimate the
fact to the Government.
1. Procedure #or dealing wit/
re@uests #rom )overnment
servants #or permission to remarry
w/ile 6rst wi#e is still living & The
0rst oint to be scrutini2ed )hen
an alication for ermission is
received, is )hether such marria"e
is ermissible under the ersonal
la) alicable to the alicant. %f
so, the 1uestion arises )hether
there are su$cient "rounds for
allo)in" an e6cetion to
Government7s "eneral olic!. The
alle"ed "rounds "iven in suort of
the re1uest should be scrutini2ed
to see )hether the alle"ations are
true and )ell4founded. %n case the
)ife also ,oins the alicant, it
should be ascertained )hether she
has )illin"l! consented and
)hether an! letter etc., urortin"
to roceed from her is "enuine and
is the outcome of her o)n free )ill.
=or this urose, hi"her o$cers in
the deartment concerned ma!, if
necessar! send for the alicant
and his )ife and ma#e ersonal
in1uiries. Mhere the 0rst )ife7s
vie)s have not been stated, the!
should, if ossible, be ascertained.
%f ermission is sou"ht on "rounds
of alle"ed sic#ness of the )ife, as
much information as ossible
should be obtained in consultation
)ith the medical authorities. The
arran"ements made b! the
Note 4.1 4.! 1'D
husband for the maintenance of
the 0rst )ife should also be
ascertained and it should be
e6amined )hether the! are
satisfactor!.
FG.%., 8.9.&., G.8. :o. 519H314Csts.
dated 16.(5.1933.I
5. %nclusion of a rovision in all
rules of recruitment to the e.ect
that the restrictions a"ainst bi"am!
)ill al! to female Government
servants also. The Central Civil
Services (Conduct) Rules, 1933
have no) been amended b!
incororatin" therein the follo)in"
further rovision as Rule 1E (5)
(no) Rule 51) ?4
(i) +:o female Government
shall marr! an! erson
)ho has a )ife livin"
)ithout 0rst obtainin" the
ermission of
Government./
(ii) The above rincile should
"overn the recruitment
and conditions of service
of central Government
servants. &ccordin"l!, a
rovision to the e.ect
that no female candidate
)ho has married a erson
havin" alread! a )ife
livin", )ill be eli"ible for
recruitment to a service
or ost unless
Government seciall!
e6emt such a candidate
from the oeration of this
rovision, ma! be added
b! the 8inistries etc., in
rules or orders relatin" to
recruitment to services
and osts )ith )hich
the! are concerned.
FG.%., 8.9.&. G.8. :o. 53H3H334Csts.,
dated '1.(3.1936.I
'. =orm of declaration to be
obtained from ne) entrants
re"ardin" their havin" one or more
than one )ife 4 89& G8 :o. 5194
314Csts., dated the 16th Gctober,
1934 rescribed that candidates for
emlo!ment should be as#ed to
indicate )hether the! had more
than one )ife livin" and that, if it
transired that a declaration in the
ne"ative "iven b! a Government
servant )as incorrect, he )ould be
liable to be dismissed from service.

FG.%., 8.9.&., G.8. :o. 53H35H3D4Csts.
(&), dated (5.(1.193E.I
2,. Consumption o"
into?icating drin/s and drugs
[Rule 22]
5'.1 & Government servant shall ;
(i) strictl! abide b! an! la)
relatin" to into6icatin"
drin#s or dru"s in force in
Note 4.1 4.! 1'E
an! area in )hich he ma!
haened to be for the
time bein"@
(ii) not be under the inLuence
of an! into6icatin" drin#
or dru" durin" the course
of his dut! and shall also
ta#e due cane that the
erformance of his duties
at an! time is not
a.ected in an! )a! b!
the inLuence of such
drin#s or dru"s@
(iii) refrain from consumin"
an! into6icatin" drin#s on
dru"s in a ublic lace@
(iv) not aear in a ublic
lace in a state of
into6ication@
(v) not use an! into6icatin"
drin# or dru" to e6cess.
1. The follo)in" 1uestions have
been raised b! some
8inistriesHBeartments?4
(i) )hether the de0nition
of ublic lace should
include a club meant
e6clusivel! for the
members )here it is
ermissible for members
to invite non4members as
"uests, and
(ii) )hether a hotel )ould be a
ublic lace or not for the
urose of the said rule.
5. The osition in re"ard to the
above t)o oints is clari0ed as
under ?4
(i) the club of the nature
mentioned above )ould
be a ublic lace not onl!
for the non4member
"uests but also for
members )ho ma! be
Government servants.
(ii) Brin#in" in the lod"in"
room in a hotel )ill not
attract the rovisions of
Rule 55 but drin#in" at
the bar or restaurant
)here the ublic is
ermitted )ould attract
the aforesaid rule.
FG.%., B.>.J &.R. -etter :o.
11(1'H16HD44Cstt.(&), dated '(th
Gctober, 19D6.I
24. 9ro$ibition regarding
emploment o" c$ildren belo%
1, ears o" age [22A]
Note 4.1 4.! 1'9
emlo! to )or# an! child belo) the
a"e of 14 !ears.
2-. Interpretation [Rule 23]

53.1 %f an! 1uestion arises relatin"
to the interretation of the
CCS(Conduct) Rules 1964, it shall
be referred to Government )hose
decision thereon shall be 0nal.
G-I decision belo% Rule 23
1. Mhere the Central Government
is satis0ed that the oeration of
an! rule re"ulatin" the conditions
of service of *nion Government
servants, or an! class of such
Government servants, causes
undue hardshi in an! articular
case, it ma!, b! order, disense
)ith or rela6 the re1uirements of
that rule to such e6tent and sub,ect
to such conditions as it ma!
consider necessar!, for dealin"
)ith the case in a ,ust and
e1uitable manner.
FG.%., 8.9.&. :oti0cation :G 1(EH344
Csts (&) dated the 5(
th
:ovember
1934.I
2#. Delegation o" 9o%ers
[Rule 2,]
56.1 The Government ma!
dele"ate, an! of the o)ers
e6ercisable under these rules, to
an! o$cer or authorit! as seci0ed
in the order in this conte6t.
2.. Repeal and 6a!ings [Rule
25] @ >rovides for reeal and
savin" of rules in e6istence before
these Conduct Rules.
D. ACTS CONSTITUTING
4ISCONDUCT
1. The )ord 5misconduct)
thou"h not caable of recise
de0nition, its reLections receive its
connotations from the conte6t, the
delin1uenc! in its erformance and
its e.ect on the disciline and the
nature of dut!. %t ma! involve moral
turitude@ it must be imroer or
)ron" behaviour, unla)ful
behaviour, )ilful in character@
forbidden act, a trans"ression of
established and de0nite rule of
action or code of conduct but not
mere error of ,ud"ement,
carelessness or ne"li"ence in
erformance of the dut!@ the act
comlained of bears forbidden
1ualit! or character. %ts ambit has
to be construed )ith reference to
the sub,ect4matter and the conte6t
)herein the term occurs, re"ard
bein" had to the scoe of the
statute and the ublic urose it
see#s to serve. Gn the above lines
I" t$e act or conduct is
Note 4.1 4.! 14(
1.1 >re,udicial or li#el! to be
re,udicial to the interests of the
master or to the reutation of the
master.
1.5 Such that the master cannot
rel! on the faithfulness of his
emlo!ee.
1.' %nconsistent or incomatible
)ith the due or eaceful dischar"e
of his dut! to his master.
1.4 8a#es it unsafe for the
emlo!er to retain him in service.
1.3 Grossl! immoral that all
reasonable men )ill sa! that the
emlo!ee cannot be trusted. -R
%f the Government servant is
1.6 &busive or if he disturbs the
eace of the lace of his
emlo!ment.
1.D 9abituall! ne"li"ent in resect
of the duties for )hich he is
en"a"ed.
AG6- I0CG>D*6
1.E Milful insubordination or
disobedience, )hether alone or in
combination )ith others, to an!
la)ful and reasonable order of a
suerior.
1.9 %n0delit!, unfaithfulness,
dishonest!, untrust)orthiness,
theft and fraud indul"ed into b! the
Government servant.
1.1( Stri#e, ic#etin", A"herao7
incitin" others to stri#e )or#.
1.11 Riotous and disorderl!
behaviour durin" o$ce hours.
1.15 9abitual late attendance.
1.1' 9abitual ne"lect of )or#.
1.14 9abitual absence )ithout
ermission and oversta!in" of
leave.
1.13 Conviction b! criminal court.
can be de+ned as misconduct#
=or the e6haustive list of
misconduct, reference ma! be
made to +:otes on CCS(Conduct)
Rule 1964/ ublished b! the G.G.%.,
8.9.&., B.>. J &.R., Third edition.
Note 4.1 4.! 141
SU44AR'
%t is said that the service
securit!, safet!, reutation and
honour of the Government servants
are in their o)n hands. & faithful
and honest comliance )ith the
Conduct Rules and !et, unhesitant
but d!namic dischar"e of duties,
are the hall mar# of e$cient
Government servants. %t is
e6ected that the articiants )ill
observe the Rules of Conduct )hile
erformin" their duties in o$ce
and as a civil citi2en.
OOOO CCS (CC&)
R*-CS, 1963 PPPP
CC:TR&- C%Q%- SCRQ%CCS
(CLASSI*ICATION!
CONTROL 5 A))EAL
RULES! 1"#-
In e6e78ise o9 :;e <o=e7s
8on9e77ed >& <7o?iso :o A7:i8%e
,3" and C%a1se (- o9 A7:i8%e
14/ o9 :;e Cons:i:1:ion and
a9:e7 8ons1%:a:ion =i:; :;e
Co@<:7o%%e7 and A1di:o7$
Gene7a% in 7e%a:ion :o <e7sons
se7?inA in :;e Indian A1di: and
A88o1n:s De<a7:@en:! :;e
)7esiden: ;e 7e>& @aBes :;e
9o%%o=inA 71%es! na@e%& :$
>&RT %
GC:CR&-
1. S;o7: :i:%e and
8o@@en8e@en:
(1 T;ese R1%es @a& >e
8a%%ed :;e Cen:7a% Ci?i%
Se7?i8es (C%assiC8a:ion!
Con:7o% and A<<ea%
R1%es! 1"#-.
(2 T;e& s;a%% 8o@e in:o
9o78e on :;e 1
s:

De8e@>e7! 1"#-.
2. In:e7<7e:a:ion
In :;ese 71%es! 1n%ess :;e
8on:e6: o:;e7=ise 7eD1i7es! $
(a Ea<<oin:inA a1:;o7i:&E!
in 7e%a:ion :o a
Go?e7n@en: se7?an:!
@eans $
(i :;e a1:;o7i:&
e@<o=e7ed :o @aBe
a<<oin:@en:s :o :;e
Se7?i8e o9 =;i8; :;e
Go?e7n@en: se7?an: is
9o7 :;e :i@e >einA a
Note 4.1 4.! 145
@e@>e7 o7 :o :;e A7ade
o9 :;e Se7?i8e in =;i8;
:;e Go?e7n@en: se7?an:
is 9o7 :;e :i@e >einA
in8%1ded! o7
(ii :;e a1:;o7i:&
e@<o=e7ed :o @aBe
a<<oin:@en:s :o :;e <os:
=;i8; :;e Go?e7n@en:
se7?an: 9o7 :;e :i@e
>einA ;o%ds! o7
(iii :;e a1:;o7i:& =;i8;
a<<oin:ed :;e
Go?e7n@en: se7?an: :o
s18; Se7?i8e! A7ade o7
<os:! as :;e 8ase @a& >e!
o7
(i? =;e7e :;e Go?e7n@en:
se7?an: ;a?inA >een a
<e7@anen: @e@>e7 o9
an& o:;e7 Se7?i8e o7
;a?inA s1>s:an:i?e%& ;e%d
an& o:;e7 <e7@anen:
<os:! ;as >een in
8on:in1o1s e@<%o&@en:
o9 :;e Go?e7n@en:! :;e
a1:;o7i:& =;i8;
a<<oin:ed ;i@ :o :;a:
Se7?i8e o7 :o an& A7ade
in :;a: Se7?i8e o7 :o :;a:
<os:!
=;i8;e?e7 a1:;o7i:& is :;e
;iA;es: a1:;o7i:&F
(> E8ad7e a1:;o7i:&E! in
7e%a:ion :o a Se7?i8e! ;as
:;e sa@e @eaninA as in
:;e 71%es 7eA1%a:inA :;a:
Se7?i8eF
(8 ECen:7a% Ci?i% Se7?i8e
and Cen:7a% Ci?i% <os:E
in8%1des a 8i?i%ian Se7?i8e
o7 8i?i%ian <os:! as :;e
8ase @a& >e! o9 :;e
8o77es<ondinA G7o1< in
:;e De9en8e Se7?i8esF
(d ECo@@issionE @eans
:;e Union )1>%i8 Se7?i8e
Co@@issionF
(e EDe9en8e Se7?i8esE
@eans se7?i8es 1nde7 :;e
Go?e7n@en: o9 India in
:;e 4inis:7& o9 De9en8e!
<aid o1: o9 :;e De9en8e
Se7?i8es Es:i@a:es! and
no: s1>Ge8: :o :;e A7@&
A8:! 1"-3 (4# o9 1"-3!
:;e Na?& A8:! 1"-. (#2 o9
1"-. and :;e Ai7 *o78e
A8:! 1"-3 (4- o9 1"-3F
(9 EDe<a7:@en: o9 :;e
Go?e7n@en: o9 IndiaE
@eans an& es:a>%is;@en:
o7 o7AaniHa:ion de8%a7ed
>& :;e )7esiden: >& a
no:iC8a:ion in :;e OI8ia%
GaHe::e :o >e a
de<a7:@en: o9 :;e
Go?e7n@en: o9 IndiaF
(A Edis8i<%ina7&
a1:;o7i:&E @eans :;e
a1:;o7i:& 8o@<e:en:
1nde7 :;ese 71%es :o
i@<ose on a Go?e7n@en:
se7?an: an& o9 :;e
<ena%:ies s<e8iCed in
R1%e 11F
Note 4.1 4.! 14'
(; EGo?e7n@en: se7?an:J
@eans a <e7son =;o $
(i is a @e@>e7 o9 a
Se7?i8e o7 ;o%ds a 8i?i%
<os: 1nde7 :;e Union!
and in8%1des an& s18;
<e7son on 9o7eiAn se7?i8e
o7 =;ose se7?i8es a7e
:e@<o7a7i%& <%a8ed a: :;e
dis<osa% o9 a S:a:e
Go?e7n@en:! o7 a %o8a% o7
o:;e7 a1:;o7i:&F
ii is a @e@>e7 o9 a
Se7?i8e o7 ;o%ds a 8i?i%
<os: 1nde7 a S:a:e
Go?e7n@en: and =;ose
se7?i8es a7e :e@<o7a7i%&
<%a8ed a: :;e dis<osa% o9
:;e Cen:7a% Go?e7n@en:F
iii is in :;e se7?i8e o9 a
%o8a% o7 o:;e7 a1:;o7i:&
and =;ose se7?i8es a7e
:e@<o7a7i%& <%a8ed a: :;e
dis<osa% o9 :;e Cen:7a%
Go?e7n@en:F
(i E ;ead o9 :;e
de<a7:@en:E 9o7 :;e
<17<ose o9 e6e78isinA :;e
<o=e7s as a<<oin:inA!
dis8i<%ina7&! a<<e%%a:e o7
7e?ie=inA a1:;o7i:&!
@eans :;e a1:;o7i:&
de8%a7ed :o >e :;e ;ead
o9 :;e de<a7:@en: 1nde7
:;e *1nda@en:a% and
S1<<%e@en:a7& R1%es o7
:;e Ci?i% Se7?i8e
ReA1%a:ions! as :;e 8ase
@a& >eF
(G E;ead o9 :;e oI8eE 9o7
:;e <17<ose o9 e6e78isinA
:;e <o=e7s as
a<<oin:inA! dis8i<%ina7&!
a<<e%%a:e o7 7e?ie=inA
a1:;o7i:&! @eans :;e
a1:;o7i:& de8%a7ed :o >e
:;e ;ead o9 :;e oI8e
1nde7 :;e Gene7a%
*inan8ia% R1%esF
(B ES8;ed1%eE @eans :;e
S8;ed1%e :o :;ese 71%esF
(% ESe87e:a7&E @eans :;e
Se87e:a7& :o :;e
Go?e7n@en: o9 India in
an& 4inis:7& o7
De<a7:@en:! and
in8%1des$
(i a S<e8ia% Se87e:a7& o7
an Addi:iona% Se87e:a7&!
(ii a Join: Se87e:a7& <%a8ed
in inde<enden: 8;a7Ae o9
a 4inis:7& o7
De<a7:@en:!
(iii in 7e%a:ion :o :;e
Ca>ine: Se87e:a7ia:! :;e
Se87e:a7& :o :;e Ca>ine:!
(i? in 7e%a:ion :o :;e
)7esiden:Js Se87e:a7ia:!
:;e Se87e:a7& :o :;e
)7esiden:! o7 as :;e 8ase
@a& >e! :;e 4i%i:a7&
Se87e:a7& :o :;e
)7esiden:!
(? in 7e%a:ion :o )7i@e
4inis:e7Js Se87e:a7ia:!
Note 4.1 4.! 144
:;e Se87e:a7& :o :;e
)7i@e 4inis:e7! and
(?i in 7e%a:ion :o :;e
)%anninA Co@@ission!
:;e Se87e:a7& o7 :;e
Addi:iona% Se87e:a7& :o
:;e )%anninA
Co@@issionF
(@ ESe7?i8eE @eans a 8i?i%
se7?i8e o9 :;e Union.
,. A<<%i8a:ion
(1 T;ese 71%es s;a%% a<<%&
:o e?e7& Go?e7n@en:
se7?an: in8%1dinA e?e7&
8i?i%ian Go?e7n@en:
se7?an: in :;e De9en8e
Se7?i8es! >1: s;a%% no:
a<<%& :o $
(a an& 7ai%=a& se7?an:! as
deCned in R1%e 132 o9
Vo%1@e I o9 :;e Indian
Rai%=a&s Es:a>%is;@en:
Code!
(> an& @e@>e7 o9 :;e A%%
India Se7?i8es!
(8 an& <e7son in 8as1a%
e@<%o&@en:!
(d an& <e7son s1>Ge8: :o
dis8;a7Ae 97o@ se7?i8e
on %ess :;an one @on:;Js
no:i8e!
(e an& <e7son 9o7 =;o@
s<e8ia% <7o?ision is
@ade! in 7es<e8: o9
@a::e7s 8o?e7ed >& :;ese
71%es! >& o7 1nde7 an&
%a= 9o7 :;e :i@e >einA in
9o78e o7 >& o7 1nde7 an&
aA7ee@en: en:e7ed in:o
>& o7 =i:; :;e <7e?io1s
a<<7o?a% o9 :;e )7esiden:
>e9o7e o7 a9:e7 :;e
8o@@en8e@en: o9 :;ese
71%es! in 7eAa7d :o
@a::e7s 8o?e7ed >& s18;
s<e8ia% <7o?isions.
(2 No:=i:;s:andinA
an&:;inA 8on:ained in
s1>$71%e (1! :;e
)7esiden: @a& >& o7de7
e68%1de an& G7o1< o9
Go?e7n@en: se7?an:s
97o@ :;e o<e7a:ion o9 a%%
o7 an& o9 :;ese 71%es.
(, No:=i:;s:andinA
s1>$71%e (1! o7 :;e
Indian Rai%=a&s
Es:a>%is;@en: Code!
:;ese 71%es s;a%% a<<%& :o
e?e7& Go?e7n@en:
se7?an: :e@<o7a7i%&
:7ans9e77ed :o a Se7?i8e
o7 <os: 8o@inA =i:;in
E68e<:ion (a o7 (e in
s1>$71%e (1! :o =;o@!
>1: 9o7 s18; :7ans9e7!
:;ese 71%es =o1%d a<<%&.
(4 I9 an& do1>: a7ises! $
(a =;e:;e7 :;ese 71%es o7
an& o9 :;e@ a<<%& :o an&
<e7son! o7
(> =;e:;e7 an& <e7son :o
=;o@ :;ese 71%es a<<%&
Note 4.1 4.! 143
>e%onAs a <a7:i81%a7
Se7?i8e!
:;e @a::e7 s;a%% >e 7e9e77ed :o
:;e )7esiden: =;o s;a%% de8ide
:;e sa@e.
Go?e7n@en: o9 IndiaKs
de8isions :
(1 )e7sons :o =;o@
no: a<<%i8a>%e ;
%n e6ercise of the o)ers conferred
b! sub4rule (5) of rule ' of the
Rules, 193D (no) 1963), the
>resident hereb! directs that the
follo)in" classes of Government
servants shall be )holl! e6cluded
from the oeration of the said
rules, namel! ?4
4INISTR' O* E(TERNAL
A**AIRS
-ocall! recruited sta. in 8issions
abroad.
8%:S%TRR G= CG88*:%C&T%G:S
(>osts and Tele"rahs Beartment)
(i) C6tra4Beartmental &"ents
(ii) 8onthl!4rated sta. aid from
contin"encies other than
those brou"ht on to re"ular
establishment.
(iii) 8onthl!4rated )or#4char"ed
and other emlo!ees not on
re"ular establishment.
(iv) Bail!4rated sta. aid from
contin"encies.
(v) Bail!4rated )or#men aid b!
the da!, )ee#, month, etc.
(vi) &ll hot )eather and
monsoon establishment.
(vii) :on4deartmental
tele"rahic and telehone
oerators.
F8.9.&. :oti0cation :o. S.R.G. 6(9,
dated the 5E
th
=ebruar!,
193DI.
4INISTR' O* +O4E A**AIRS
>olice G$cers u to the ran# of
%nsector of >olice in Belhi
Secial >olice Cstablishment.
F8.9.&., :oti0cation :o. =.DH54H614
Csts. (&), dated the 13
th

Becember, 1961I.
4INISTR' O* URBAN
DEVELO)4ENT
The >resident7s Garden
Cstablishment and Cstate
G$ce.
F8.9.&., :oti0cation :o. DH3H19394
Csts. (&) dated the 53
th
8a!, 1939
as amended b! :oti0cation :o.
11(15H19HE44Cstt. (&), dated 5E
th

Kul!, 19E6I.
Note 4.1 4.! 146
4INISTR' O* TOURIS4 AND
CIVIL AVIATION AND 4INISTR'
O* S+I))ING AND TRANS)ORT
(i) -ocall! recruited sta. in
Tourist G$ces abroad.
(ii) Mor#4char"ed ersonnel of
the 8an"alore >ro,ects and
the Tuticorin 9arbour
>ro,ects.
F8.9.&., :oti0cation :o. DH1H664
Csts. (&), dated the 11
th

&ril, 1966I.
)ART II
C-&SS%=%C&T%G:
4. C%assiC8a:ion o9
Se7?i8es
(1 :;e Ci?i% Se7?i8es o9 :;e
Union s;a%% >e C%assiCed
as 9o%%o=s :$
(i Cen:7a% Ci?i% Se7?i8es!
G7o1< JAJF
(ii Cen:7a% Ci?i% Se7?i8es!
G7o1< JBJF
(iii Cen:7a% Ci?i% Se7?i8es!
G7o1< JCJF
(i? Cen:7a% Ci?i% Se7?i8es!
G7o1< JDJF
(2 I9 a Se7?i8e 8onsis:s o9
@o7e :;an one A7ade!
diLe7en: A7ades o9 s18;
Se7?i8e @a& >e in8%1ded
in diLe7en: A7o1<s.
-. Cons:i:1:ion o9
Cen:7a% Ci?i% Se7?i8es
T;e Cen:7a% Ci?i% Se7?i8es!
G7o1< JAJ! G7o1< JBJ! G7o1< JCJ
and G7o1< JDJ! s;a%% 8onsis: o9
:;e Se7?i8es and A7ades o9
Se7?i8es s<e8iCed in :;e
S8;ed1%e.
#. C%assiC8a:ion o9 )os:s
Ci?i% )os:s 1nde7 :;e Union
o:;e7 :;an :;ose o7dina7i%&
;e%d >& <e7sons :o =;o@ :;ese
71%es do no: a<<%&! s;a%%! >& a
Aene7a% o7 s<e8ia% o7de7 o9 :;e
)7esiden:! >e C%assiCed as
9o%%o=s :$
(i Cen:7a% Ci?i% )os:s! G7o1<
JAJF
(ii Cen:7a% Ci?i% )os:s! G7o1<
JBJF
(iii Cen:7a% Ci?i% )os:s! G7o1<
JCJF
(i? Cen:7a% Ci?i% )os:s! G7o1<
JDJF
o7de7sMde8isions :$
(1 No:iC8a:ion
b! Rule 6 of the Central Civil
Services (Classi0cation, Control and
&eal) Rules, 1963, as amended
b! the Central Civil Services
&mendment Rules, 19D3 and after
Note 4.1 4.! 14D
consultation )ith the Comtroller
and &uditor General of %ndia in
relation to the ersons servin" in
the %ndian &udit and &ccounts
Beartment, the >resident hereb!
direct that )ith e.ect from the
date of issue of this order, all civil
osts under the *nion, shall,
(sub,ect to such e6cetions as
Government ma!, b! an! "eneral
or secial order, ma#e from time to
time), be reclassi0ed as Grou &,
Grou <, Grou C and Grou B, as
the case ma! be, as indicated
belo) ?4
C6istin" Classi0cation Revised
Classi0cation
Class %Grou &
Class %% Grou <
Class %%% Grou C
Class %Q Grou B
>rovided that
(i) the classi0cation of an!
osts created or deemed to
have been created on or
after (1.(1.19D' in the
revised scale but before the
date of issue of this order,
as seci0c additions to
cadres e6istin" rior to
(1.(1.19D' shall be the
same as that of the osts in
the cadres to )hich the!
have been added and
(ii) an! other osts not covered
b! (i) above created or
deemed to have been
created in their revised scale
of a! on or after
(1.(1.19D' but before the
date of issue of this order
havin" a classi0cation
hi"her than the one
envisa"ed b! ara 5 of this
order shall be reclassi0ed in
terms of that ara"rah but
)ithout re,udice to the
status of the e6istin"
incumbents of such osts.
FBett. Gf >ersonnel J &.R. :oti0cation :o.
51H5HD44Cstt. (B) dated 11.11.19D3I
(2 O7de7
b! roviso to article '(9 and clause
3 of article 14E of the Constitution
read )ith Rule 6 of the Central Civil
Services (Classi0cation, Control and
&eal) Rules, 1963, and in
suersession of ara"rah 5 of the
noti0cation of the Government of
%ndia in the Beartment of
>ersonnel and &dministrative
Reforms number S.G. 3(41 dated
the 11
th
:ovember, 19D3 as
amended b! the noti0cation of
8inistr! of >ersonnel, >ublic
Grievances and >ensions
(Beartment of >ersonnel and
Trainin") number S.G. 1D35 dated
the '(
th
Kune, 19ED, and after
relation to the ersons servin" in
directs that )ith e.ect from the
date of ublication of this order in
the G$cial Ga2ette, all civil osts
Note 4.1 4.! 14E
under the *nion, shall be classi0ed
as follo)s ?4
Sl.:o. Bescrition of
>osts
Classi0cati
on of
ost
s
& Central Civil
ost carr!in" a
a! or a scale
of a! )ith a
ma6imum of
not less than
Rs. 1',3((
Grou &
& Central Civil
ost carr!in" a
a! or a scale
of a! )ith a
ma6imum of
not less than
Rs. 9,((( but
less than Rs.
1',3((
Grou <
& Central Civil
ost carr!in" a
a! or a scale
of a! )ith a
ma6imum of
over Rs. 4,(((
but less than
Rs. 9,(((
Grou C
& Central Civil
ost carr!in" a
a! or a scale
of a! the
ma6imum of
)hich is Rs.
4,((( or less
Grou B
C6lanation ?4 =or the urose of
this order ;
(i) A>a!7 has the same
meanin" as assi"ned to it in
=.R. 9 (51) (a) (%)@
(ii) A>a! or scale of a!7, in
relation to a ost, means the
a! or the scale of a! of
the ost rescribed under
the Central Civil Services
(Revised >a!) Rules, 199D.
FBett. Gf >ersonnel J Trainin"
Grder :o. 1'(15H1H9E4Cstt.
(B) dated 5(.(4.199EI
(, O7de7
S.G. 641 (C) ; %n e6ercise of the
o)ers conferred b! the roviso to
article '(9 and clause (3) of article
14E of the Constitution read )ith
rule 6 of the Central Civil Services
Rules, 1963 and in artial
modi0cation of the Government of
%ndia in the 8inistr! of >ersonnel,
>ublic Grievances and >ensions
(Beartment of >ersonnel and
Trainin") Grder number S.G. ''5
dated the 5(
th
&ril, 199E and after
relation to ersons servin" in the
%ndian &udit and &ccounts
directs that, )ith e.ect from the
date of ublication of this Grder in
the G$cial Ga2ette, all osts of
Senior &udit G$cers and Senior
&ccount G$cers in the G$ce of the
Comtroller and &uditor General of
%ndia and in all or"ani2ed &ccounts
Cadres in the scale of a! or Rs.
Note 4.1 4.! 149
E(((45D341'3(( shall be classi0ed
as Grou A<7
Grder :o. 1'(15H1H9E4Cstt. (B)
dated 59
th
Kul!, 199EI
(4 C%assiC8a:ion o9 )os:s
*nder the Central Civil Services
Rules, 1963, all Central
Government osts are classi0ed
into four cate"ories, vi2., Grou +&/,
+</, +C/ and +B/. This
classi0cation is based on the norms
rescribed in Beartment of
>ersonnel and Trainin" :oti0cation
:o. 1'(15H5HED4Cstt. (B) dated the
'(
th
Kune, 19ED. The classi0cation
serves an imortant administrative
urose includin" in matters of
recruitmentHdiscilinar! cases, etc.
Some allo)ances are also "ranted
)ith reference to the classi0cation
of the osts. The =ifth Central >a!
Commission had, ho)ever,
recommended a ne) classi0cation
dividin" all Central Civil osts into
si6 cate"ories namel!, To
C6ecutives, Senior C6ecutives,
C6ecutives, Suervisor! Sta.,
Suortin" Sta. and &u6iliar! Sta..
These recommendations of the >a!
Commission had been e6amined
and after consideration of all ros
and cons of the matter, it has been
decided not to accet classi0cation
of osts as recommended b! the
>a! Commission and to retain the
e6istin" classi0cation into Grous
+&/, +</, +C/ and +B/.
5. Conse1uent uon the
revision of a! scales on the basis
of the recommendations of the =ifth
Central >a! Commission, it has,
ho)ever, become necessar! to
rescribe revised norms for
cate"ori2ation of osts into the
above four cate"ories based on the
revised a! scales as aroved b!
the Government.
'. &ccordin"l!, & :oti0cation
classif!in" various Civil osts into
Grous +&/, +</, +C/ and +B/ based
on revised norms of a! scalesHa!
ran"es has been noti0ed in the
G$cial Ga2ette vide SG ''5 (C)
dated 5(
th
&ril, 199E. & co! of
the :oti0cation is enclosed.
(decision :o. (5)I.
4. %n some
8inistriesHBeartments osts ma!
e6ist )hich are not classi0ed as er
the norms laid b! this Beartment.
%t )ould be seen that all osts
)ould no) stand classi0ed strictl!
in accordance )ith the norms of
a! scalesHa! as rescribed under
the :oti0cation. %f for an! seci0c
reason the concerned
8inistr!HBeartment rooses to
classif! the osts di.erentl!, it
)ould be necessar! for that
Beartment to send a seci0c
roosal to Beartment of
>ersonnel J Trainin" "ivin" full
,usti0cation in suort of the
roosal )ithin three months of
this G8 so that the e6cetions to
the norms of classi0cation as laid
do)n in S.G. ''5(C) dated 5(
th

&ril, 199E can be noti0ed.
Note 4.1 4.! 13(
FBett. Gf >ersonnel and Trainin"
G8 :o. 1'(15H1H9E4Cstt. (B), dated
15
th
Kune, 199E
(- C%assiC8a:ion o9 )os:s $
C%a7iC8a:ion
References are bein" received
see#in" clari0cations )hether the
revised norms of a! scalesHa!
)ould be alicable for
classi0cation of osts under the
Le6ible comlementin" scheme or
other lateral advancement
schemes.
5. There are man! romotion
schemes such as merit romotion
scheme, career advancement
scheme, in4situ romotion scheme
etc. )here romotions are not
lin#ed to availabilit! of vacanc! in
the hi"her "rade and romotions
are allo)ed in the hi"her "rade in a
time bound manner after
assessment of the o$cial b!
temoraril! u"radin" the ost to
the hi"her "rade, )hich "ets
reverted to the lo)est level at
)hich it )as ori"inall! sanctioned
uon vacation of the ost b! the
incumbent due to retirement,
further romotion to vacanc!
based ost etc. %n man! cases,
hi"her scales are allo)ed on e6ir!
of the seci0ed len"th of service,
even )hile the erson continues to
hold the same ost such as the
&ssured Career >ro"ression
Scheme. %t is clari0ed that in all
such schemes, the classi0cation of
the ost shall be determined )ith
reference to the "rade in )hich the
ost is ori"inall! sanctioned
irresective of the "radeHa! scale
in )hich the o$cer ma! be laced
at an! oint of time.
FBett. Gf >ersonnel J Trainin" G8
:o. 11(15H3H5(((4Cstt. (&)
dated 1(
th
8a!, 5(((.I
#$A.
A%% 7e9e7en8e :o Cen:7a% Ci?i%
Se7?i8esMCen:7a% Ci?i% )os:s!
C%ass I! C%ass II! C%ass III and
C%ass IV in a%% R1%es! O7de7s!
S8;ed1%es! No:iC8a:ions!
ReA1%a:ions! Ins:718:ions in
9o78e! i@@edia:e%& >e9o7e :;e
8o@@en8e@en: o9 :;ese 71%es
s;a%% >e 8ons:71ed as
7e9e7en8es :o Cen:7a% Ci?i%
Se7?i8esMCen:7a% Ci?i% )os:s!
G7o1< JAJ! G7o1< JBJ! G7o1< JCJ
and G7o1< JDJ 7es<e8:i?e%&! and
an& 7e9e7en8e :o EC%ass o7
C%assesE :;e7ein in :;is 8on:e6:
s;a%% >e 8ons:71ed as 7e9e7en8e
:o EG7o1< o7 G7o1<sE! as :;e
8ase @a& >e.
.. Gene7a% Cen:7a%
Se7?i8e
Cen:7a% Ci?i% <os:s o9 an& G7o1<
no: in8%1ded in an& o:;e7
Cen:7a% Ci?i% Se7?i8e s;a%% >e
dee@ed :o >e in8%1ded in :;e
Gene7a% Cen:7a% Se7?i8e o9 :;e
8o77es<ondinA G7o1< and a
Go?e7n@en: se7?an: a<<oin:ed
:o an& s18; <os: s;a%% >e
dee@ed :o >e a @e@>e7 o9 :;a:
Se7?i8e 1n%ess ;e is a%7ead& a
@e@>e7 o9 an& o:;e7 Cen:7a%
Note 4.1 4.! 131
Ci?i% Se7?i8e o9 :;e sa@e
G7o1<.
)ART III
&>>G%:T%:G &*T9GR%TR
/. A<<oin:@en:s :o G7o1< NAK
Se7?i8es and )os:s
&ll aointments to Central Civil
Services, Grou A&7 and Central
Civil >osts, Grou A&7, shall be
made b! the >resident ?
>rovided that the >resident ma!, b!
a "eneral or a secial order and
sub,ect to such conditions as he
ma! secif! in such order, dele"ate
to an! other authorit! the o)er to
ma#e such aointments.
o7de7sMde8isions :
(1 De%eAa:ion o9 <o=e7s :o
Ad@inis:7a:o7 o9 Goa! Da@an
and Di1 O
%n ursuance of the roviso to rule
E of the Central Civil Services
Rules, 1963, the >resident hereb!
orders that all aointments to
Central Civil Services and >osts,
Class %, under the Government of
Goa, Baman and Biu, shall be
made b! the &dministrator of Goa,
Baman and Biu ?
>rovided that no aointment to
the ost of Chief Secretar!, =inance
Secretar!, %nsector General of
>olice, or Beveloment
Commissioner or an! other ost
)hich carries an ultimate salar! of
Ruees t)o thousand er mensem
or more shall be made e6cet )ith
the revious aroval of the
Central Government.
F8.9.&. Grder :o. DH1H634Csts. (&)
dated the 1(
th
=ebruar!, 1963I
(2 De%eAa:ion o9 <o=e7s :o
Ad@inis:7a:o7 o9 Dad7a and
NaAa7 +a?e%i O
The >resident hereb! orders that all
aointments to Central Civil
Services and >osts, Class % under
the Government of Badra and
:a"ar 9aveli shall be made b! the
&dministrator of Badra and :a"ar
9aveli.
>olice or Beveloment
Central Government.
F8.9.&. Grder :o. DH6H694Csts. (&)
dated the 15
th
Kune, 1969I
(, De%eAa:ion o9 <o=e7s :o
Ad@inis:7a:o7s o9 A71nan8;a%
)7ades; and 4iHo7a@ O
%n ursuance of the roviso to rule
E of the Central Civil Services
Rules, 1963, the >resident hereb!
Note 4.1 4.! 135
orders that all aointments to
Central Civil Services, Class % and
Central Civil >osts, Class %, under
the &runachal >radesh and
8i2oram &dministrations shall
resectivel! be made b! the
&dministrators of the *nion
territories of &runachal >radesh
and 8i2oram aointed under
article 5'9 of the Constitution ?
>olice or Beveloment
Central Government.
FBet. of >ersonnel Grder :o.
DH5HD54Cst.(&), dt. 51
st
Kanuar!,
19D5I.
". A<<oin:@en:s :o
o:;e7 Se7?i8es and )os:s
(1) &ll aointments to the
Central Civil Services (other
than the General Central
Service) Grou A<7, Grou AC7
and Grou AB7, shall be
made b! the authorities
seci0ed in this behalf in the
Schedule ?
>rovided that in resect of Grou
AC7 and Grou AB7, Civilian Services,
or civilian osts in the Befence
Services aointments ma! be
made b! o$cers emo)ered in this
behalf b! the aforesaid authorities.
(5) &ll aointments to Central
Civil >osts, Grou A<7, Grou
AC7 and Grou AB7, included
in the General Central
Service shall be made b! the
authorities seci0ed in that
behalf b! a "eneral or
secial order of the
>resident, or )here no such
order has been made, b! the
authorities 4 seci0ed in this
behalf in the Schedule.
>&RT %Q
S*S>C:S%G:
13. S1s<ension
(1) The aointin" authorit! or
an! authorit! to )hich it is
subordinate or the
discilinar! authorit! or an!
other authorit! emo)ered
in that behalf b! the
>resident, b! "eneral or
secial order, ma! lace a
Government servant under
susension4
(a) )here a discilinar!
roceedin" a"ainst him is
contemlated or is endin"@
or
(aa) )here, in the oinion of the
authorit! aforesaid, he has
en"a"ed himself in activities
re,udicial to the interest of
the securit! of the State@ or
(b) )here a case a"ainst him
in resect of an! criminal
o.ence is under
investi"ation, in1uir! or trial?
Note 4.1 4.! 13'
>rovided that, e6cet in case of an
order of susension made b! the
Comtroller and &uditor 4 General
in re"ard to a member of the %ndian
&udit and &ccounts Service and in
re"ard to an &ssistant &ccountant
General or e1uivalent (other than a
re"ular member of the %ndian &udit
and &ccounts Service), )here the
order of susension is made b! an
authorit! lo)er than the aointin"
authorit!, such authorit! shall
forth)ith reort to the aointin"
authorit! the circumstances in
)hich the order )as made.
(5) & Government servant shall
be deemed to have been
laced under susension b!
an order of aointin"
authorit! 4
(a) )ith e.ect from the date of
his detention, if he is
detained in custod!,
)hether on a criminal
char"e or other)ise, for a
eriod e6ceedin" fort!4ei"ht
hours@
(b) )ith e.ect from the date of
his conviction, if, in the
event of a conviction for an
o.ence, he is sentenced to a
term of imrisonment
e6ceedin" fort!4ei"ht hours
and is not forth)ith
dismissed or removed or
comulsoril! retired
conse1uent to such
conviction.
CS>-&:&T%G: 4 The eriod of
fort!4ei"ht hours referred to in
clause (b) of this sub4rule shall be
comuted from the
commencement of the
imrisonment after the conviction
and for this urose, intermittent
eriods of imrisonment, if an!,
shall be ta#en into account.
(') Mhere a enalt! of
dismissal, removal or
comulsor! retirement from
service imosed uon a
susension is set aside in
aeal or on revie) under
these rules and the case is
remitted for further in1uir!
or action or )ith an! other
directions, the order of his
susension shall be deemed
to have continued in force
on and from the date of the
ori"inal order of dismissal,
removal or comulsor!
retirement and shall remain
in force until further orders.
(4) Mhere a enalt! of
service imosed uon a
Government servant is set
aside or declared or
rendered void in
conse1uence of or b! a
decision of a Court of -a)
and the discilinar!
authorit!, on a consideration
of the circumstances of the
case, decides to hold a
further in1uir! a"ainst him
on the alle"ations on )hich
the enalt! of dismissal,
Note 4.1 4.! 134
retirement )as ori"inall!
imosed, the Government
servant shall be deemed to
have been laced under
susension b! the
&ointin" &uthorit! from
the date of the ori"inal order
of dismissal, removal or
comulsor! retirement and
shall continue to remain
under susension until
further orders ?
>rovided that no such further
in1uir! shall be ordered unless it is
intended to meet a situation )here
the Court has assed an order
urel! on technical "rounds
)ithout "oin" into the merits of the
case.
+(3)(a) Sub,ect to the rovisions
contained in sub4rule (D), an order
of susension made or deemed to
have been made under this rule
shall continue to remain in force
until it is modi0ed or revo#ed b!
the authorit! cometent to do so./
(b) Mhere a Government
servant is susended or is
deemed to have been
susended ()hether in
connection )ith an!
discilinar! roceedin" or
other)ise), and an! other
discilinar! roceedin" is
commenced a"ainst him
durin" the continuance of
that susension, the
authorit! cometent to
lace him under susension
ma!, for reasons to be
recorded b! him in )ritin",
direct that the Government
servant shall continue to be
under susension until the
termination of all or an! of
such roceedin"s.
(c) &n order of susension
made or deemed to have
been made under this rule
ma! at an! time be modi0ed
or revo#ed b! the authorit!
)hich made or is deemed to
have made the order or b!
an! authorit! to )hich that
authorit! is subordinate.
(6) &n order of susension
been made under this rule
shall be revie)ed b! the
authorit! cometent to
modif! or revo#e the
susension, before e6ir! of
ninet! da!s from the
e.ective date of susension,
on the recommendation of
the Revie) Committee
constituted for the urose
and ass orders either
e6tendin" or revo#in" the
susension. Subse1uent
revie)s shall be made
before e6ir! of the
e6tended eriod of
susension. C6tension of
susension shall not be for a
eriod e6ceedin" one
hundred and ei"ht! da!s at
a time.
(D) &n order of susension
made or deemed to have been
made under sub4rules (1) or (5) of
this rule shall not be valid after a
Note 4.1 4.! 133
eriod of ninet! da!s unless it is
e6tended after revie), for a further
eriod before the e6ir! of ninet!
da!s ?
>rovided that no such revie)
of susension shall be necessar! in
the case of deemed susension
under sub4rule (5), if the
Government servant continues to
be under susension at the time of
comletion of ninet! da!s of
susension and the ninet! da!s
eriod in such case )ill count from
the date the Government servant
detained in custod! is released
from detention or the date on
)hich the fact of his release from
detention is intimated to his
aointin" authorit!, )hichever is
later./
de8isions :
(1 Re<o7: o9 a77es: :o
s1<e7io7s >& Go?e7n@en:
se7?an:s :$
%t shall be the dut! of the
Government servant )ho ma! be
arrested for an! reason to intimate
the fact of his arrest and the
circumstances connected there)ith
to his o$cial suerior romtl!
even thou"h he mi"ht have
subse1uentl! been released on
bail. Gn receit of the information
from the erson concerned or from
an! other source the deartmental
authorities should decide )hether
the fact and circumstances leadin"
to the arrest of the erson call for
his susension. =ailure on the art
of an! Government servant to so
inform his o$cial sueriors )ill be
re"arded as suression of
material information and )ill
render him liable to discilinar!
action on this "round alone, aart
from the action that ma! be called
for on the outcome of the olice
case a"ainst him.
F89& letter :o. '9H39H344Cst.(&)
dated the 53
th
=ebruar!, 1933I
State Governments have also
been re1uested to issue
necessar! instructions to >olice
authorities under their control
to send romt intimation of
arrest andHor release on bail etc.
of Central Government servant
to the latter7s o$cial sueriors.
(2 +eadD1a7:e7s o9
Go?e7n@en: se7?an:
1nde7 s1s<ension
& 1uestion recentl! arose )hether
an authorit! cometent to order
the susension of an o$cial has
the o)er to rescribe his
head1uarters durin" the eriod of
susension. The matter has been
e6amined at len"th in this 8inistr!
and the conclusions reached are
stated in the follo)in" ara"rahs.
5. &n o$cer under susension is
re"arded as sub,ect to all other
conditions of service alicable
"enerall! to Government servants
and cannot leave the station
)ithout rior ermission. &s such,
the head1uarters of a Government
servant should normall! be
assumed to be his last lace of
Note 4.1 4.! 136
dut!. 9o)ever, )here an individual
under susension re1uests for a
chan"e of head1uarters, there is no
ob,ection to a cometent authorit!
chan"in" the head1uarters if it is
satis0ed that such a course )ill not
ut Government to an! e6tra
e6enditure li#e "rant of T.&. etc. or
other comlications.
'. The 8inistr! of =inanceHetc. ma!
brin" the above to the notice of all
concerned.
F8.9.&. G.8. :o. '9H3H364Csts. (&)
dated the E
th
Setember, 1936I
(, +o= s1s<ension is :o >e
7eA1%a:ed d17inA <enden8&
o9 87i@ina% <7o8eedinAs!
a77es:s! de:en:ion e:8.
The case of susension durin"
endenc! of criminal roceedin"s
or roceedin" for arrest, for debt or
durin" detention under a la)
rovidin" for reventive detention,
shall be dealt )ith in the follo)in"
manner hereafter ?4
(a) & Government servant )ho
is detained in custod! under
an! la) rovidin" for
reventive detention or a
result of a roceedin" either
on a criminal char"e or for
his arrest for debt shall if the
eriod of detention e6ceeds
4E hours and unless he is
alread! under susension,
be deemed to be under
susension from the date of
detention until further
orders as contemlated in
rule 1( (5) of the Central
Civil Services (Classi0cation,
Control and &eal) Rules,
1963. Government servants
)ho is under"oin" a
sentence of imrisonment
shall be also dealt )ith in
the same manner endin"
decision on the discilinar!
action to be ta#en a"ainst
him.
(b) & Government servant
a"ainst )hom a roceedin"
has been ta#en on a criminal
char"e but )ho is not
actuall! detained in custod!
(e."., a erson released on
bail) ma! be laced under
susension b! an order of
the cometent authorit!
under clause (b) of Rule 1(
(1) of the Central Civil
Services (Classi0cation,
1963. %f the char"e is
connected )ith the o$cial
osition of the Government
servant or involvin" an!
moral turitude on his art,
susension shall be ordered
under this rule unless there
are e6cetional reasons for
not adotin" this course.
(c) & Government servant
a"ainst )hom a roceedin"
has been ta#en for arrest for
debt but )ho is not actuall!
detained in custod! ma! be
laced under susension b!
an order under clause (a) of
Rule 1( (1) of the Central
Note 4.1 4.! 13D
1963 i.e., onl! if a
discilinar! roceedin"
a"ainst him is contemlated.
(d) Mhen a Government servant
)ho is deemed to be under
susension in the
circumstances mentioned in
clause (a) or )ho is
susended in circumstances
mentioned in clause (b) is
re4instated )ithout ta#in"
discilinar! roceedin"s
a"ainst him, his a! and
allo)ances for the eriod of
susension )ill be re"ulated
under =R 34 i.e., in event of
his bein" ac1uitted of blame
or if the roceedin"s ta#en
a"ainst him )as for his
arrest for debt or it bein"
roved that his liabilit! arose
from circumstances be!ond
his control or the detention
bein" held b! an!
cometent authorit! to be
)holl! un,usti0ed, the case
ma! be dealt )ith under =R
34 (5), other)ise it ma! be
dealt )ith under =R 34 (').
F8.G.=. :o. =.13(E)4C %QH3D,
dated 5E
th
8arch, 1939I.
(4 Ci781@s:an8es 1nde7
=;i8; a Go?e7n@en: se7?an:
@a& >e <%a8ed 1nde7
s1s<ension ;
Recommendation :o. 61,
contained in ara"rah E.3 of
the reort of the Committee on
>revention of Corrution, has
been carefull! considered in the
li"ht of the comments received
from the 8inistries. %t has been
decided that ublic interest
should be "uidin" factor in
decidin" to lace a Government
servant under susension, and
the discilinar! authorit!,
should have discretion to decide
this ta#in" all factors into
account. 9o)ever, the
follo)in" circumstances are
indicated in )hich a Biscilinar!
&uthorit! ma! consider it
aroriate to lace a
susension. These are onl!
intended for "uidance and
should not be ta#en as
mandator! ?4
(i) Cases )here continuance in
o$ce of the Government
servant )ill re,udice the
investi"ation, trial or an!
in1uir! (e.". arehended
tamerin" )ith )itnesses or
documents)@
(ii) Mhere the continuance in
servant is li#el! to seriousl!
subvert disciline in the
o$ce in )hich the ublic
servant is )or#in"@
(iii) Mhere the continuance in
servant )ill be a"ainst the
)ider ublic interest Fother
than those covered b! (1)
and (5)I such as there is
ublic scandal and it is
necessar! to lace the
susension to demonstrate
the olic! of the
Government to deal strictl!
)ith o$cers involved in such
Note 4.1 4.! 13E
scandals, articularl!
corrution@
(iv) Mhere alle"ations have
been made a"ainst the
Government servant and
reliminar! in1uir! has
revealed that a rima facie
case is made out )hich
)ould ,ustif! his rosecution
or is bein" roceeded
a"ainst in deartmental
roceedin"s, and )here the
roceedin"s are li#el! to end
in his conviction andHor
service.
:GTC ?
(a) %n the 0rst three
circumstances the
discilinar! authorit! ma!
e6ercise his discretion to
lace a Government servant
under susension even
)hen the case is under
investi"ation and before a
rima facie case has been
established.
(b) Certain t!es of
misdemeanor )here
susension ma! be desirable
in the four circumstances
mentioned are indicated
belo) ?4
(i) an! o.ence or conduct
involvin" moral turitude@
(ii) corrution, embe22lement or
misaroriation of
Government mone!,
ossession of
disroortionate assets,
misuse of o$cial o)ers for
ersonal "ain@
(iii) serious ne"li"ence and
dereliction of dut! resultin"
in considerable loss to
Government@
(iv) desertion of dut!@
(v) refusal or deliberate failure
to carr! out )ritten orders of
suerior o$cers.
%n resect of the t!es of
misdemeanor seci0ed in sub
clauses (iii) and (v) discretion
has to be e6ercised )ith care.
F89& G8 :o. 4'H36H644&QB
dated the 55
nd
Gctober, 1964I.
(- *o7=a7dinA o9
A<<%i8a:ion o9 Go?e7n@en:
se7?an:s in?o%?ed in
dis8i<%ina7& <7o8eedinAs :
& case has come to the notice
of this 8inistr! in )hich the
alication of a Government
servant a"ainst )hom
deartmental roceedin"s )ere
endin" )as for)arded for an
assi"nment under an
international or"anisation. The
roriet! of such an action has
been considered carefull! and
the follo)in" decisions have
been ta#en ?4
(a Cases o9 Go?e7n@en:
se7?an:s =;o a7e 1nde7
s1s<ension o7 aAains:
=;o@ de<a7:@en:a%
<7o8eedinAs a7e <endinA :$
&lications of such
Government servants should
not be for)arded, nor should
Note 4.1 4.! 139
the! be released, for an!
assi"nment, scholarshi,
fello)shi, trainin", etc. under
an international a"enc! H
or"anisation or a forei"n
Government. Such Government
servants should also not be sent
or allo)ed to "o on deutation
or forei"n service to osts under
an authorit! in %ndia.
(> Cases o9 Go?e7n@en:
se7?an:s on =;o@ :;e
<ena%:& o9 =i:;;o%dinA o9
in87e@en:s o7 7ed18:ion :o
a %o=e7 s:aAe in a :i@e$
s8a%e o7 :o a %o=e7 :i@e
s8a%e o7 :o a %o=e7 se7?i8e!
A7ade o7 <os: ;as >een
i@<osed :$
&lications of such
Government servant should not
be for)arded, nor should the!
be released durin" the currenc!
of the enalt!, for an!
assi"nment under international
a"enc!Hor"anisation or a forei"n
Government. Such Government
servants should also not be sent
or allo)ed to "o, durin" the
currenc! of the enalt!, on
deutation or forei"n service to
osts under an authorit! in
%ndia. Cven after the e6ir! of
the enalt!, it )ill have to be
e6amined, havin" re"ard to the
nature of the o.ence and the
ro6imit! of its occurrence,
)hether the Government
servant concerned should be
ermitted to "o on forei"n
assi"nmentHdeutation to
another BeartmentHforei"n
service to an authorit! in %ndia.
F89& G8 :o. '9H1DH6'4Csts. (&)
dated the 6
th
Setember, 196EI
(-A *o7=a7dinA o9
a<<%i8a:ions 9o7 o:;e7 <os:s
O )7in8i<%es 7eAa7dinA ;
The 1uestion re"ulatin" the
for)ardin" of alications to the
8inistriesHBeartmentsHother
Government o$ces or to the
*>SC from candidates servin"
under the Government has been
revie)ed.
5. %t has been decided to
consolidate the instructions on
the sub,ect. Therefore, the
follo)in" instructions in
suersession of the instructions
contained in this Beartment7s
G8s :o. 11(15H1(HD34Cstt. (&)
dated 1E.1(.19D3 and :o.
45(13H4HDE4Cstt. (C) dated
(1.(1.19D9 are issued for
"uidance of all the
&dministrative &uthorities.
'. &lication of a Government
servant for aointment,
)hether b! Birect Recruitment,
transfer on deutation or
transfer, to an! other ost
should not be
consideredHfor)arded if ?4
(i) 9e is under susension@ or
(ii) Biscilinar! roceedin"s are
endin" a"ainst him and a
char"e sheet has been
issued@ or
(iii) Sanction for rosecution,
)here necessar! has been
accorded b! the cometent
authorit!@ or
Note 4.1 4.! 16(
(iv) )here a rosecution
sanction is not necessar!, a
char"e sheet has been 0led
in a court of la) a"ainst him
for criminal rosecution.
4. Mhen the conduct of a
Government Servant is under
investi"ation (b! the C<% or b!
the controllin" Beartment) but
the investi"ation has not
reached the sta"e of issue of
char"e sheet or rosecution
sanction or 0lin" of char"e4
sheet for criminal rosecution in
a court, the alication of such
a Government servant ma! be
for)arded to"ether )ith brief
comments on the nature of
alle"ations and it should also be
made clear that in the event of
actual selection of the
Government servant, he )ould
not be released for ta#in" u
the aointment, if b! that time
char"e sheet for imosition of
enalt! under CCS (CC&) Rules,
1963 or sanction for rosecution
is issued or a char"e sheet is
0led in a court to rosecute the
Government Servant, or he is
laced under susension.
3. Mhere Government servants
al! directl! to *>SC as in the
case of direct recruitment, the!
must immediatel! inform the
9ead of their o$ceHBeartment
"ivin" details of the
e6aminationHost for )hich the!
have alied, re1uestin" him to
communicate his ermission to
the Commission directl!. %f,
ho)ever, the 9ead of the
G$ceHBeartment considers it
necessar! to )ithhold the
re1uisite ermission, he should
inform the Commission
accordin"l! )ithin 43 da!s of
the date of closin" for receit of
alications. %n case an!
situation mentioned in ara ' is
obtainin", the re1uisite
ermission should not be
"ranted and *>SC should be
immediatel! informed
accordin"l!. %n case a situation
mentioned in ara 4 is
obtainin", action ma! be ta#en
to inform *>SC of this fact as
also the nature of alle"ations
a"ainst the Government
servant. %t should also be made
clear that in the event of actual
selection of Government
servant, he )ould not be
relieved for ta#in" u the
aointment, if the char"e
sheetHrosecution sanction is
issued or a char"e sheet is 0led
in a court for criminal
rosecution, or if the
Government servant is laced
under susension.
6. The administrative
8inistriesHBeartments of the
Government of %ndia ma! also
note that, in case of Birect
Recruitment b! selection vi2.,
+Selection b! %ntervie)/ it is the
resonsibilit! of the
re1uisitionin" 8inistr! H
Beartment to brin" to the
notice of the Commission an!
oint re"ardin" unsuitabilit! of
the candidate (Government
servant) from the vi"ilance
an"le and that the aroriate
sta"e for doin" so )ould be the
Note 4.1 4.! 161
consultation at the time of
reliminar! scrutin! i.e. )hen
the case is referred b! the
Commission to the
8inistr!HBeartments for the
comments of the 8inistr!7s
Reresentatives on the
rovisional selection of the
candidates for intervie) b! the
Commission.
G8 :o. &<14(1DH1(1H914Cstt.
(RR) dated 14
th
8a!, 199'I
(# S1s<ension O Red18:ion
o9 :i@e %i@i: C6ed 9o7
se7?inA 8;a7Ae$s;ee: ?4
%n the 8inistr! of 9ome &.airs
G8 :o. 551H1EH634&QB, dated
the D
th
Setember, 1963, the
attention of all discilinar!
authorities )as dra)n to the
need for 1uic# disosal of cases
of Government servants under
susension and it )as desired,
in articular, that the
investi"ation in such cases
should be comleted and a
char"e4sheet 0led in court, in
cases of rosecution, or served
on the Government servant, in
cases of deartmental
roceedin"s, )ithin si6 months.
The matter )as considered
further at a meetin" of the
:ational Council held on the 5D
th
Kanuar!, 19D1 and in artial
modi0cation of the earlier
orders it has been decided that
ever! e.ort should be made to
0le the char"e4sheet in court or
serve the char"e4sheet on the
Government servant, as the
case ma! be )ithin three
months of the date of
susension, and in cases in
)hich it ma! not be ossible to
do so, the discilinar! authorit!
should reort the matter to the
ne6t hi"her authorit! e6lainin"
the reasons for the dela!.
FCabinet Sectt. (Beartment of
>ersonnel) 8emo. :o. '9H'9HD(4
Csts.(&) dated the 4
th
=ebruar!,
19D1I.
Government have alread!
reduced the eriod of
susension durin" investi"ation,
barrin" e6cetional cases )hich
are to be reorted to the hi"her
authorit!, from si6 months to
three months. %t has been
decided that )hile the orders
contained in the G$ce
8emorandum of 4
th
=ebruar!,
19D1 )ould continue to be
oerative in re"ard to cases
endin" in courts in resect of
the eriod of susension
endin" investi"ation before the
0lin" of a char"e4sheet in the
Court as also in resect of
servin" of the char"e sheet on
the Government servant in
cases of deartmental
roceedin"s, in cases other
than those endin" in courts,
the total eriod of susension
vi2., both in resect of
investi"ation and discilinar!
roceedin"s should not
ordinaril! e6ceed si6 months. %n
e6cetional cases )here it is
not ossible to adhere to this
time limit, the discilinar!
authorit! should reort the
matter to the ne6t hi"her
Note 4.1 4.! 165
authorit!, e6lainin" the
reasons for the dela!.
>ersonnel) G8 :o. '9H''HD54
Cstt. (&) dated the 16
th

Becember, 19D5I.
%n site of the instructions
referred to above, instances
have come to notice in )hich
Government servants continued
to be under susension for
undul! lon" eriods. Such
undul! lon" susension )hile
uttin" the emlo!ee
concerned to undue hardshi,
involves a!ment of
subsistence allo)ance )ithout
the emlo!ee erformin" an!
useful service to the
Government. %t is, therefore
imressed on all the authorities
concerned that the! should
scruulousl! observe the time
limits laid do)n in the G$ce
8emoranda referred to in the
recedin" ara"rah and revie)
the cases of susension to see
)hether continued susension
in all cases is reall! necessar!.
The authorities suerior to the
discilinar! authorities should
also e6ercise a strict chec# on
cases in )hich dela! has
occurred and "ive aroriate
directions to the discilinar!
authorities #eein" in vie) the
rovisions contained in the
aforesaid G$ce 8emoranda.
FBeartment of >ersonnel J &R
G8 :o. 11(15HDHDE4Csts.(&)
dated the 14
th
Setember,
19DEI.
The attention of the 8inistr! of
=inance etc. is invited to this
Beartment7s G8 :o.
11(15HDHDE4Cstt. (&) dated 14
th

Setember, 19DE, in )hich the
e6istin" instructions relatin" to
susension of Government
emlo!ees have been
consolidated. %n site of these
instructions it has been brou"ht
to the notice of this Beartment
that Government servants are
some times #et under
susension for undul! lon"
eriods. %t is, therefore, once
a"ain reiterated that the
rovisions of the aforesaid
instructions in the matter of
susension of Government
emlo!ees and the action to be
ta#en thereafter should be
follo)ed strictl!. 8inistr! of
=inance etc. ma!, therefore,
ta#e aroriate action to brin"
the contents of the G8 of
14.(9.19DE, to the notice of all
the authorities concerned under
their control, directin" them to
follo) those instructions strictl!.
5. So far as a!ment of
subsistence allo)ance is
concerned, 8inistr! of =inance
etc. are also re1uested to brin"
the contents of =R 3' to the
seci0c notice of all authorities
under their control, )ith
articular reference to the
rovisions in the aforesaid rule
re"ardin" the need for revie) of
the rate of subsistence
allo)ance after a continued
susension of more than 9(
da!s, for strict comliance.
Note 4.1 4.! 16'
FBett. of >ersonnel J &.R. G.8.
:o. 45(14HDHE'4Csts.(&) dated
the 1E
th
=ebruar!, 19E4I.
(#A Reasons 9o7 s1s<ension
:o >e 8o@@1ni8a:ed on e6<i7&
o9 :;7ee @on:;s <e7iod i9 no
8;a7Ae$s;ee: is iss1ed.
*nder Rule 1( (1) of the CCS (CC&)
Rules, 1963, the cometent
authorit! ma! lace a Government
servant under susension ;
(a) )here a discilinar!
contemlated or is endin"@ or
(b) Mhere, in the oinion of
the authorit! aforesaid, he has
en"a"ed himself in activities
re,udicial to the interests of
securit! of the State@ or
(c) Mhere a case a"ainst him
in resect of an! criminal o.ence is
under investi"ation, in1uir! or trial.
The Government servant is also
deemed to have been laced under
susension b! an order of the
cometent authorit! in the
circumstances mentioned in rule
1( (5) of the aforesaid rules.
5. Mhere a Government
servant is laced under
susension, he has a ri"ht of
aeal a"ainst the order of
susension vide Rule 5' (i) of the
CCS (CC&) Rules, 1963. This )ould
iml! that a Government servant
)ho is laced under susension
should "enerall! #no) the reasons
leadin" to his susension so that
he ma! be able to ma#e an aeal
a"ainst it. Mhere a Government
servant is laced under susension
on the "round that a discilinar!
roceedin" a"ainst him is endin"
or a case a"ainst him in resect of
an! criminal o.ence is under
investi"ation, in1uir! or trial, the
order lacin" him under susension
)ould itself contain a mention in
this re"ard and he )ould,
therefore, be a)are of the reasons
leadin" to his susension.
'. Mhere a Government servant is
laced under susension on the
"round of +contemlated/
discilinar! roceedin", the
e6istin" instructions rovide that
ever! e.ort )ould be made to
0nalise the char"es, a"ainst the
Government servant )ithin three
months of the date of susension.
%f these instructions are strictl!
adhered to, a Government servant
)ho is laced under susension on
the "round of contemlated
discilinar! roceedin"s )ill
become a)are of the reasons for
his susension )ithout much loss
of time. 9o)ever, there ma! be
some cases in )hich it ma! not be
ossible for some reason or the
other to issue a char"esheet )ithin
three months from the date of
susension. %n such cases, the
reasons for susension should be
communicated to the Government
servant concerned immediatel! on
the e6ir! of the aforesaid time4
limit rescribed for the issue of a
char"esheet, so that he ma! be in
a osition to e.ectivel! e6ercise
Note 4.1 4.! 164
the ri"ht of aeal available to him
under Rule 5' (i) of the CCS (CC&)
Rules, 1963, if he so desires.
Mhere the reasons for susension
are communicated on the e6ir! of
a time4limit rescribed for the issue
of char"esheet, the time4limit of
fort! 0ve da!s for submission of
aeal should be counted from the
date on )hich the reasons for
susension are communicated.
4. T;e de8ision
8on:ained in :;e
<7e8edinA <a7aA7a<; =i%%
no:! ;o=e?e7! a<<%& :o
8ases =;e7e a
Go?e7n@en: se7?an: is
<%a8ed 1nde7 s1s<ension
on :;e A7o1nd :;a: ;e
;as enAaAed ;i@se%9 in
a8:i?i:ies <7eG1di8ia% :o
:;e in:e7es:s o9 :;e
se817i:& o9 :;e S:a:e.
FBett. of >ersonnel J &.R. G.8. :o.
'3(14H1HE14Csts.(&) dated the 9
th
:ovember, 19E5I./
(.Ti@e%& <a&@en: o9
s1>sis:en8e a%%o=an8e ?4
%n the case of Ghansh!am Bas
Srivastava Qs. State of 8adh!a
>radesh (&%R 19D' SC 11E'),
the Sureme Court had
observed that )here a
susension leaded his inabilit!
to attend the in1uir! on account
of 0nancial strin"enc! caused
b! the non4a!ment of
subsistence allo)ance to him
the roceedin"s conducted
a"ainst him e6arte )ould be in
violation of the rovisions of
&rticle '11 (5) of the
Constitution as the erson
concerned did not receive a
reasonable oortunit! of
defendin" himself in the
discilinar! roceedin"s.
5. %n the li"ht of the ,ud"ment
mentioned above, it ma! be
imressed on all authorities
concerned that the! should
ma#e timel! a!ment of
subsistence allo)ance to
Government servants )ho are
laced under susension so that
the! ma! not be ut to 0nancial
di$culties. %t ma! be noted
that, b! its ver! nature,
subsistence allo)ance is meant
for the subsistence of a
susended Government servant
and his famil! durin" the eriod
he is not allo)ed to erform an!
dut! and thereb! earn a salar!.
Teein" this in vie), all
concerned authorities should
ta#e romt stes to ensure
that after a Government servant
is laced under susension, he
received subsistence allo)ance
)ithout dela!.
'. The ,ud"ment of the
Sureme Court referred to in
ara 1 above indicates that in
that case, the discilinar!
authorit! roceeded )ith the
en1uir! e64arte
not)ithstandin" the fact that
the Government servant
concerned had seci0call!
leaded his inabilit! to attend
the en1iur! on account of
0nancial di$culties caused b!
Note 4.1 4.! 163
non4a!ment of subsistence
allo)ance. The Court had held
that holdin" the en1uir! e64
arte under such
circumstances, )ould be
violative of &rticle '11 (5) of the
Constitution on account of
denial of reasonable oortunit!
of defence. This oint ma! also
be #et in vie) b! all authorities
concerned, before invo#in" the
rovisions of rule 14 (5() of the
CCS (CC&) Rules, 1963.
FCabinet sect.(Beartment of
>ersonnel J &dministrative
Reforms) G8 :o. 11(15H1(HD64
Cstt.(&) dated 6
th
Gctober,
19D6I.
&s mentioned in the G8 dated
6
th
Gctober, 19D6 referred to
above, the Sureme Court have
held that if a Government
servant under susension
leads his inabilit! to attend the
discilinar! roceedin"s on
account of non4a!ment of
subsistence allo)ance, the
en1uir! conducted a"ainst him,
e64arte, could be construed as
denial of reasonable oortunit!
of defendin" himself. %t ma!,
therefore, once a"ain be
imressed uon all authorities
concerned that after a
Government servant is laced
under susension, romt stes
should be ta#en to ensure that
immediate action is ta#en under
=R 3', for a!ment of
subsistence allo)ance and the
Government servant concerned
receives a!ment of
subsistence allo)ance )ithout
dela! and re"ularl! sub,ect to
the ful0lment of the condition
laid do)n in =R 3'. %n cases
)here recourse to e64arte
roceedin"s becomes
necessar!, if should be chec#ed
u and con0rmed that the
Government servant7s inabilit!
to attend the en1uir! is not
because of non4a!ment of
subsistence allo)ance.
FBett. of >ersonnel J Trainin",
G8 :o. 11(15H1DHE34Cstt.(&)
dated the 5E
th
Gctober, 19E3.
(/ E77oneo1s de:en:ion o7
de:en:ion =i:;o1: >asis ;
Gne of the items considered b!
the :ational Council (KC8) in its
meetin" held in Kanuar!, 19DD
)as a roosal of the Sta. Side
that a Government servant )ho
)as deemed to have been
laced under susension on
account of his detention or on
account of criminal roceedin"s
a"ainst him should be aid full
a! and allo)ances for the
eriod of susension if he has
been dischar"ed from detention
or has been ac1uitted b! a
Court.
5. Burin" the discussion, it )as
clari0ed to the Sta. Side that
the mere fact that a
Government servant )ho )as
deemed to have been under
susension, due to detention or
on account of criminal
roceedin"s a"ainst him, has
been dischar"ed from detention
)ithout rosecution or has been
ac1uitted b! a Court )ould not
ma#e him eli"ible for full a!
Note 4.1 4.! 166
and allo)ances because often
the ac1uittal ma! be on
technical "rounds but the
susension mi"ht be full!
,usti0ed. The Sta. Side )ere,
ho)ever, informed that if a
Government servant )as
detained in olice custod!
erroneousl! or )ithout an! basis
and thereafter he is released
)ithout an! rosecution, in such
cases the o$cial )ould be
eli"ible for full a! and
allo)ances.
'. %t has accordin"l! been
decided that in the case of a
Government servant )ho )as
deemed to have been laced
under susension due to his
detention in olice custod!
erroneousl! or )ithout basis
and thereafter released )ithout
an! rosecution havin" been
launched, the cometent
authorit! should al! its mind
at the time of revocation of the
susension and re4instatement
of the o$cial and if he comes to
the conclusion that the
susension )as )holl!
un,usti0ed, full a! and
allo)ances ma! be allo)ed.
FBeartment of >ersonnel J &.R.
G8 :o. '3(14H9HD64Cstt. (&)
dated (E.(E.19DDI.
(" Dee@ed s1s<ension on
A7o1nds o9 de:en:ion :o >e
:7ea:ed as 7e?oBed i9
8on?i8:ion does no: 9o%%o=
;
%n the Committee of :ational
Council (KC8) set u to revie)
the CCS (CC&) Rules, 1963, the
Sta. Side had e6ressed the
vie) that the eriod of deemed
susension on "rounds of
detention should be treated as
dut! in all cases )here
conviction did not follo). The
matter )as discussed and it )as
a"reed to that in cases of
deemed susension, if the
cause of susension ceases to
e6ist the revocation of the
susension should be
automatic.
5. &ttention is invited to the
instruction contained in this
Beartment7s G8 :o.
'3(14H9HD64Csts.(&) dated
(E.(E.19DD Fdecision (5) (a)
aboveI )hich rovides that in
the case of a Government
servant, )ho )as deemed to
have been laced under
susension due to detention in
olice custod! erroneousl! or
)ithout basis and thereafter
released )ithout an!
rosecution havin" been
launched, the cometent
authorit! should al! its mind
at the time of revocation of the
susension and reinstatement
of the o$cial and if he comes to
susension )as )holl!
un,usti0ed, full a! and
allo)ances ma! be allo)ed.
There instructions ma! be #et
in vie) and scruulousl!
comlied )ith in all cases )here
deemed susension is found to
be erroneous and the emlo!ee
concerned is not rosecuted. %n
all such cases, the deemed
susension under Rule 1( (5) of
Note 4.1 4.! 16D
the CCS (CC&) Rules, 1963 ma!
be treated as revo#ed from the
date the cause of the
susension itself ceases to e6ist
i.e. the Government servant is
released from olice custod!
)ithout an! rosecution havin"
been launched. 9o)ever, it )ill
be desirable for the urose of
administrative record to ma#e a
formal order for revocation of
such susension under Rule 1(
(3) of the CCS (CC&) Rules,
1963.
FBett. of >ersonnel J Tr". G8
:o. 11(15H16HE34Cstt. (&) dated
1(.(1.19E6I
(13 Dis8i<%ina7&
<7o8eedinAs aAains: an
e@<%o&ee a<<oin:ed :o a
;iA;e7 <os: on ad$;o8 >asis
$
The 1uestion )hether a
Government servant aointed
to a hi"her ost on ad4hoc basis
should be allo)ed to continue in
the ad4hoc aointment )hen a
discilinar! roceedin"s is
initiated a"ainst him has been
considered b! this Beartment
and it has been decided that
the rocedure outlined belo)
shall be follo)ed in such
cases ?4
(i) Mhere an aointment has
been made urel! on ad4hoc
basis a"ainst a short4term
vacanc! or a leave vacanc!
or if the Government servant
aointed to o$ciate until
further orders in an! other
circumstances has held the
aointment for a eriod
less than one !ear, the
Government servant shall be
reverted to the ost held b!
him substantivel! or on a
re"ular basis, )hen a
initiated a"ainst him.
(ii) Mhere the aointment )as
re1uired to be made on ad4
hoc basis urel! for
administrative reasons
(other than a"ainst a short
term vacanc! or a leave
vacanc!) and the
Government servant has
held the aointment for
more than one !ear, if an!
initiated a"ainst the
Government servant, he
need not be reverted to the
ost held b! him onl! on the
"round that discilinar!
roceedin" has been
initiated a"ainst him.
&roriate action in such cases
)ill be ta#en deendin" on the
outcome of the discilinar!
case.
FBett. of >ers. J Tr". G8 :o.
11(15H9HE64Cstt. (&) dated the
54
th
Becember, 19E6I
(11 S1s<ension in 8ases
o9 do=7& dea:; :$
Sub4rule (1) of rule 1( of the
(Classi0cation, Control and
&eal) Rules, 1963 rovides,
inter alia, that a Government
servant ma! be laced under
susension )here a discilinar!
Note 4.1 4.! 16E
contemlated or is endin" or
)here a case a"ainst him in
resect of an! criminal o.ence
is under investi"ation, in1uir! or
trial. Sub4rule (5) of the same
rule la!s done that a
deemed to have been laced
under susension b! an order of
the aointin" authorit! ).e.f.
the date of detention if he is
detained in custod!, )hether on
a criminal char"e or other)ise,
for a eriod e6ceedin" fort!4
either hours.
5. &s Government ta#es a ver!
serious vie) of o.ences
a"ainst )omen, Government
has revie)ed the rovisions in
the rules in re"ard to lacin" a
susension if he is accused of
involvement in a case of +do)r!
death/ as de0ned in Section
'(44< of the %ndian >enal Code.
The Section reads as follo)s ?4
+'(44<(1) Mhere the death of a
)oman is caused b! an! burns
or bodil! in,ur! or occurs
other)ise than under normal
circumstances )ithin seven
!ears of her marria"e and it is
sho)n that soon before her
death she )as sub,ected to
cruelt! or harassment b! her
husband or an! relative of her
husband for, or in connection
)ith, an! demand for do)r!,
such death shall be called
+do)r! death/, and such
husband or relative shall be
deemed to have caused her
death.
C6lanation ; =or the urose of
this sub4section +do)r!/ shall
have the same meanin" as in
Section 5 of the +do)r!
>rohibition &ct, 1961./
'. %f a case has been re"istered
b! the >olice a"ainst a
Section '(44< of the %.>.C., he
shall be laced under
susension in the follo)in"
circumstances b! the
cometent authorit! b!
invo#in" the rovisions of sub4
rule (1) of Rule 1( of the CCS
(CC&) Rules, 1963 ?
(i) %f the Government servant is
arrested in connection )ith the
re"istration of the olice case,
he shall be laced under
susension immediatel!
irresective of the eriod of his
detention.
(ii) %f he is not arrested, he shall
be laced under susension
immediatel! on submission of a
olice reort under sub4section
(5) of section 1D' of the Code of
Criminal >rocedure, 19D', to the
8a"istrate, if the reort rima4
facie indicates that the o.ence
has been committed b! the
Government servant.
FBett. of >ersonnel J Tr". G8
:o. 11(15HEHED4Csts. (&) dated
the 55
nd
Kune, 19EDI.
(12 ResiAna:ion 97o@
Se7?i8e <7o8ed17e in
7es<e8: o9 :$
%nstructions have been issued
from time to time on the sub,ect
of resi"nation. These
Note 4.1 4.! 169
instructions have no) been
consolidated for facilit! of
reference and "uidance of all
the 8inistr!HBeartments of the
Government of %ndia.
1. Resi"nation is an intimation
in )ritin" sent to the
cometent authorit! b! the
incumbent of a ost, of his
intention or roosal to
resi"n the o$ceHost either
immediatel! or from a future
seci0ed date. &
resi"nation has to be clear
and unconditional.
5. it is not in the interest of
Government to retain an
un)illin" Government
servant in service. The
"eneral rule, therefore, is
that a resi"nation of a
Government servant from
service should be acceted,
e6cet in the circumstances
indicated belo) ?4
(i) Mhere the Government
servant concerned is
en"a"ed on )or# of
imortance and it )ould
ta#e time to ma#e
alternative arran"ements for
0llin" the ost, the
resi"nation should not be
acceted strai"ht)a! but
onl! )hen alternative
arran"ements for 0llin" the
ost have been made.
(ii) Mhere a Government
servant )ho is under
susension submits a
resi"nation the cometent
authorit! should e6amine,
)ith reference to the merit
of the discilinar! case
endin" a"ainst the
Government servant,
)hether it )ould be in the
ublic interest to accet the
resi"nation. :ormall!, as
Government servants are
laced under susension
onl! in cases of "rave
delin1uenc!, it )ould not be
correct to accet a
resi"nation from a
susension. C6cetions to
this rule )ould be )here the
alle"ed o.ences do not
involve moral turitude or
)here the 1uantum of
evidence a"ainst the
accused Government
servant is not stron" enou"h
to ,ustif! the assumtion
that if the deartmental
roceedin"s )ere continued,
he )ould be removed or
dismissed from service, or
)here the deartmental
roceedin"s are li#el! to be
so rotracted that it )ould
be cheaer to the ublic
e6che1uer to accet the
resi"nation.
%n those cases )here
accetance of resi"nation is
considered necessar! in the
ublic interest, the resi"nation
ma! be acceted )ith the rior
aroval of the 9ead of the
Beartment in resect of Grou
AC7 J AB7 osts and that of the
8inister in char"e in resect of
holders of Grou A&7 and A<7
osts. %n so far as Grou A<7
o$cers servin" in %ndian &udit
Note 4.1 4.! 1D(
and &ccounts Beartment are
concerned, the resi"nation of
such o$cers shall not be
acceted e6cet )ith the rior
aroval of the Comtroller and
&uditor General of %ndia.
Concurrence of the Central
Qi"ilance Commission should be
obtained before submission of
the case to the 8inister4in4
char"eHComtroller and &uditor
General, if the Central Qi"ilance
Commission had advised
initiation of deartmental action
a"ainst the Government servant
concerned or such action has
been initiated on the advice of
the Central Qi"ilance
Commission.
'. & resi"nation becomes
e.ective )hen it is acceted
and the Government servant is
relieved of his duties. %f a
Government servant )ho had
submitted a resi"nation, sends
an intimation in )ritin" to the
aointin" authorit!
)ithdra)in" his earlier letter of
resi"nation before its
accetance b! the aointin"
authorit!, the resi"nation )ill be
deemed to have been
automaticall! )ithdra)n and
there is no 1uestion of
accetin" the resi"nation. %n
case, ho)ever, the resi"nation
had been acceted b! the
aointin" authorit! and the
Government servant is to be
relieved from a future date, if
an! re1uest for )ithdra)in" the
resi"nation is made b! the
Government servant before he
is actuall! relieved of his duties,
the normal rincile should be
to allo) the re1uest of the
Government servant to
)ithdra) the resi"nation. %f,
ho)ever, the re1uest for
)ithdra)al is to be refused, the
"rounds for the re,ection of the
re1uest should be dul! recorded
b! the aointin" authorit! and
suitabl! intimated to the
Government servant concerned.
4. Since a temorar!
Government servant can sever
his connection from a
Government service b! "ivin" a
notice of termination of service
under Rule 3 (1) of the Central
Civil Services (TS) Rules, 1963,
the instructions contained in
this G$ce 8emorandum
relatin" to accetance of
resi"nation )ill not be
alicable in cases )here a
notice of termination of service
has been "iven b! a temorar!
Government servant. %f,
ho)ever, a temorar!
Government servant submits a
letter of resi"nation in )hich he
does not refer to Rule 3 (1) of
the CCS (TS) Rules, 1963, or
does not even mention that it
ma! be treated as a notice of
termination of service, he can
relin1uish the char"e of the ost
held b! him onl! after the
resi"nation is dul! acceted b!
the aointin" authorit! and he
is relieved of his duties and not
after the e6ir! of te notice
eriod laid do)n in the
Temorar! Service Rules.
Note 4.1 4.! 1D1
3. The rocedure for
)ithdra)al of resi"nation after
it has become e.ective and the
Government servant had
relin1uished the char"e of his
earlier ost, are "overned b!
the follo)in" statutor! rovision
in sub4rules (4) to (6) of Rule 56
of the CCS (>ension) Rules,
19D5 )hich corresonds to &rt.
41E (b) of the Civil Service
Re"ulations?4
+(4) The aointin" authorit!
ma! ermit a erson to
)ithdra) his resi"nation in the
ublic interest on the follo)in"
conditions, namel! ?4
(i) that the resi"nation )as
tendered b! the Government
servant for some comellin"
reasons )hich did not
involve an! reLection on his
inte"rit!, e$cienc! or
conduct and the re1uest for
)ithdra)al of the
resi"nation has been made
as a result of a material
chan"e in the circumstances
)hich ori"inall! comelled
him to tender the
resi"nation@
(ii) that durin" the eriod
intervenin" bet)een the
date on )hich the
resi"nation became e.ective
and the date from )hich the
re1uest for )ithdra)al )as
made, the conduct of the
erson concerned )as in no
)a! imroer@
(iii) that the eriod of absence
from dut! bet)een the date
on )hich the resi"nation
became e.ective and the
date on )hich the erson is
allo)ed to resume dut! as a
result of ermission to
)ithdra) the resi"nation is
not more than ninet! da!s@
(iv) that the ost, )hich )as
vacated b! the Government
servant on the accetance
of his resi"nation or an!
other comarable ost, is
available@
(v) re1uest for )ithdra)al of
resi"nation shall not be
acceted b! the aointin"
authorit! )here a
Government servant resi"ns
his service or ost )ith a
vie) to ta#in" u an
aointment in or under a
cororation or coman!
)holl! or substantiall!
o)ned or controlled b! the
Government or in or under a
bod! controlled or 0nanced
b! the Government@
(vi) Mhen an order is assed b!
the aointin" authorit!
allo)in" a erson to
)ithdra) his resi"nation and
to resume dut! the order
shall be deemed to include
the condonation of
interrution in service but
the eriod of interrution
shall not count as 1ualif!in"
service./
6. Since the CCS (>ension)
Rules are alicable onl! to
holders of ermanent osts, the
above rovisions )ould al!
onl! in the case of a ermanent
Government servant )ho had
Note 4.1 4.! 1D5
resi"ned his ost. The cases of
)ithdra)al of resi"nation of
ermanent Government
servants )hich involve
rela6ation of an! of the
rovisions of the above rules
)ill need the concurrence of the
8inistr! of >ersonnel, >.G. J
>ensions, as er Rule EE of the
CCS (>ension) Rules, 19D5.
D. Cases of 1uasi4ermanent
Government servants
re1uestin" )ithdra)al of
resi"nation submitted b! them
)ould be considered b! the
Beartment of >ersonnel and
Trainin" on merits.
E. & Government servant )ho
has been selected for a ost in
a Central >ublic
CnterrisesHCentral &utonomous
bod! ma! be released onl! after
obtainin" and accetin" his
resi"nation from the
Government service.
Resi"nation from Government
service )ith a vie) to secure
emlo!ment in a Central >ublic
enterrise )ith roer
ermission )ill not entail
forfeiture of the service for the
urose of retirementHterminal
bene0ts. %n such cases, the
shall be deemed to have retired
from service from the date of
such resi"nation and shall be
eli"ible to receive all
retirementHterminal bene0ts as
admissible under the relevant
rules alicable to him in his
arent or"anisation.
9. %n cases )here Government
servants al! for osts in the
same or other Beartments
throu"h roer channel and on
selection, the! are as#ed to
resi"n the revious osts for
administrative reasons, the
bene0t of ast service ma!, if
other)ise admissible under
rules, be "iven for uroses of
06ation of a! in the ne) ost
treatin" the resi"nation as a
Atechnical formalit!7.
G8 :o. 5E('4H53HED4Csts. (&)
dated 11
th
=ebruar!, 19EEI
(1, )7o@o:ion o9 Go?e7n@en:
se7?an:s aAains: =;o@
dis8i<%ina7&M8o17:
<7o8eedinAs a7e <endinA
o7 =;ose Cond18: is 1nde7
in?es:iAa:ion$)7o8ed17e
and A1ide%ines :o >e
9o%%o=ed.
The rocedure and "uidelines to
be follo)ed in the matter of
romotion of Government
servants a"ainst )hom
discilinar!Hcourt roceedin"s
are endin" or )hose conduct is
under investi"ation have been
revie)ed carefull!. Government
have also noticed the
,ud"ement dated 5D.(E.1991 of
the Sureme Court in *nion of
%ndia etc. vs. T.Q. Kan#iraman
etc. (&%R 1991 SC 5(1(). &s a
result of the revie) and in
suersession of all the earlier
instructions on the sub,ect (G8
:o. '9H'H394Cstt.& dated
'1.(E.196(, DH5EH6'4Cstt.&
dated 55.15.1964, 55(11H'HDD4
Note 4.1 4.! 1D'
Cstt.& dated 14.(D.19DD,
55(11H1HD94Cstt.& dated
'1.(1.19E5, 55(11H5H19E64
Cstt.& dated 15.(1.19EE,
55(11H1H914Cstt.& dated
'1.(D.1991), the rocedure to
be follo)ed in this re"ard b! the
authorities concerned is laid
do)n in the subse1uent aras
of this G8 for their "uidance.
5. &t the time of consideration
of the cases of Government
servants for romotion, details
of Government servants in the
consideration 2one for
romotion fallin" under the
follo)in" cate"ories should be
seci0call! brou"ht to the
notice of the Beartmental
>romotion Committee ?4
(i) Government servants under
susension@
(ii) Government servants in
resect of )hom a char"e
sheet has been issued and
the discilinar! roceedin"s
are endin"@ and
(iii) Government servants in
resect of )hom rosecution
for a criminal char"e is
endin".
5.1The Beartmental >romotion
Committee shall assess the
suitabilit! of the Government
servants comin" )ithin the
urvie) of the circumstances
mentioned above alon")ith
other eli"ible candidates
)ithout ta#in" into
consideration the discilinar!
caseHcriminal rosecution
endin". The assessment of
the B>C, includin" A*n0t for
>romotion7, and the "radin"
a)arded b! it )ill be #et in a
sealed cover. The cover )ill be
suerscribed A=indin"s re"ardin"
suitabilit! for romotion to the
"radeHost of UUUUU in
resect of Shri UUUUUUUU..
(name of the Government
servant). :ot to be oened till
the termination of the
discilinar! caseHcriminal
rosecution a"ainst Shri
UUUUUUUUU.7 The
roceedin"s of the B>C need
onl! contain the note AThe
0ndin"s are contained in the
attached sealed cover7. The
authorit! cometent to 0ll the
vacanc! should be searatel!
advised to 0ll the vacanc! in the
hi"her "rade onl! in an
o$ciatin" caacit! )hen the
0ndin"s of the B>C in resect of
the suitabilit! of a Government
servant for his romotion are
#et in a sealed cover.
5.5The same rocedure outlined
in ara 5.1 above )ill be
follo)ed b! the subse1uent
Beartmental >romotion
Committees convened till the
rosecution a"ainst the
is concluded.
'. Gn the conclusion of the
rosecution )hich result in
droin" of alle"ations a"ainst
the Govt. servant, the sealed
cover or covers shall be oened.
%n case the Government servant
Note 4.1 4.! 1D4
is comletel! e6onerated, the
due date of his romotion )ill
be determined )ith reference to
the osition assi"ned to him in
the 0ndin"s #et in the sealed
coverHcovers and )ith reference
to the date of romotion of his
ne6t ,unior on the basis of such
osition. The Government
servant ma! be romoted, if
necessar!, b! revertin" the
,uniormost o$ciatin" erson.
9e ma! be romoted notionall!
)ith reference to the date of
romotion of his ,unior.
9o)ever, )hether the o$cer
concerned )ill be entitled to
an! arrears of a! for the eriod
of notional romotion recedin"
the date of actual romotion
and if so to )hat e6tent, )ill be
decided b! the aointin"
authorit! b! ta#in" into
consideration all the facts and
circumstances of the
discilinar!
roceedin"sHcriminal
rosecution. Mhere the
authorit! denies arrears of
salar! or art of it, it )ill record
its reasons for doin" so. %t is
not ossible to anticiate and
enumerate e6haustivel! all the
circumstances under )hich such
denials of arrears of salar! or
art of it ma! become
necessar!. 9o)ever, there ma!
be cases )here the
roceedin"s, )hether
discilinar! or criminal, are, for
e6amle dela!ed at the
instance of the emlo!ee or the
clearance in the discilinar!
roceedin"s or ac1uittal in the
criminal roceedin"s is )ith
bene0t of doubt or on account
of non4availabilit! of evidence
due to the acts attributable to
the emlo!ee etc. These are
onl! some of the circumstance
)here such denial can be
,usti0ed.
'.1%f an! enalt! is imosed on
the Government servant as a
result of the discilinar!
roceedin"s or if he is found
"uilt! in the criminal
rosecution a"ainst him, the
0ndin"s of the sealed
coverHcovers shall not be acted
uon. 9is case for romotion
ma! be considered b! the ne6t
B>C in the normal course and
havin" re"ard to the enalt!
imosed on him.
'.5%t is also clari0ed that in a
case )here discilinar!
roceedin"s have been held
under the relevant discilinar!
rules A)arnin"7 should not be
issued as a result of such
roceedin"s. %f it is found, as a
result of the roceedin"s, that
some blame attaches to the
Government servant, at least
the enalt! of Acensure7 should
be imosed.
4. %t is necessar! to ensure that
the discilinar! caseHcriminal
rosecution instituted a"ainst
an! Government servant is not
undul! rolon"ed and all e.orts
to 0nalise e6editiousl! the
roceedin"s should be ta#en so
that the need for #eein" the
case of a Government servant
in a sealed cover is limited to
Note 4.1 4.! 1D3
the barest minimum. %t has,
therefore, been decided that the
aointin" authorities
concerned should revie)
comrehensivel! the case of
Government servants, )hose
suitabilit! for romotion to a
hi"her "rade has been #et in a
sealed cover on the e6ir! of 6
months from the date of
convenin" the 0rst
Committee )hich had ad,ud"ed
his suitabilit! and #et its
0ndin"s in the sealed cover.
Such a revie) should be done
subse1uentl! also ever! si6
months. The revie) should,
inter alia, cover the ro"ress
made in the discilinar!
roceedin"sHcriminal
rosecution and the further
measures to be ta#en to
e6edite their comletion.
3. %n site of the si6 monthl!
revie) referred to in ara 4
above, there ma! be some
cases, )here the discilinar!
is not concluded even after the
e6ir! of t)o !ears from the
date of the meetin" of the 0rst
B>C, )hich #et its 0ndin"s in
resect of the Government
servant in a sealed cover. %n
such a situation the aointin"
authorit! ma! revie) the case
of the Government servant,
rovided he is not under
susension, to consider the
desirabilit! of "ivin" him ad4hoc
romotion #eein" in vie) the
follo)in" asects ?4
(a) Mhether the romotion of
the o$cer )ill be a"ainst
ublic interest@
(b) Mhether the char"es are
"rave enou"h to )arrant
continued denial of
romotion@
(c) Mhether there is an!
li#elihood of the case
comin" to a conclusion in
the near future@
(d) Mhether the dela! in the
0nalisation of roceedin",
deartmental or in a court of
la), is not directl! or
indirectl! attributable to the
Government servant
concerned@ and
(e) Mhether there is an!
li#elihood of misuse of
o$cial osition )hich the
Government servant ma!
occu! after ad4hoc
romotion, )hich ma!
adversel! a.ect the conduct
of the deartmental
caseHcriminal rosecution.
The aointin" authorit! should
also consult the Central <ureau
of %nvesti"ation and ta#e their
vie)s into account )here the
deartmental roceedin"s or
criminal rosecution arose out
of the investi"ations conducted
b! the <ureau.
3.1%n case the aointin"
authorit! comes to a conclusion
that it )ould not be a"ainst the
ublic interest to allo) ad4hoc
romotion to the Government
servant, his case should be
laced before the ne6t B>C held
Note 4.1 4.! 1D6
in the normal course after the
e6ir! of the t)o !ear eriod to
decide )hether the o$cer is
suitable for romotion on ad4
hoc basis. Mhere the
Government servant is
considered for ad4hoc
romotion, the Beartmental
>romotion Committee should
ma#e its assessment on the
basis of the totalit! of the
individual7s record of service
)ithout ta#in" into account the
endin" discilinar!
a"ainst him.
3.5&fter a decision is ta#en to
romote a Government servant
on an ad4hoc basis, an order of
romotion ma! be issued
ma#in" it clear in the order
itself that ?4
(i) the romotion is bein" made
on urel! ad4hoc basis and
the ad4hoc romotion )ill
not confer an! ri"ht for
re"ular romotion@ and
(ii) the romotion shall be +until
further orders/. %t should
also be indicated in the
orders that the Government
reserve the ri"ht to cancel
the ad4hoc romotion and
revert at an! time the
Government servant to the
ost from )hich he )as
romoted.
3.'%f the Government servant
concerned is ac1uitted in the
criminal rosecution on the
merits of the case or is full!
e6onerated in the deartmental
roceedin"s, the ad4hoc
romotion alread! made ma!
be con0rmed and the romotion
treated as a re"ular one from
the date of the ad4hoc
romotion )ith all attendant
bene0ts. %n case the
Government servant could have
normall! "ot his re"ular
romotion from a date rior to
the date of his ad4hoc
romotion )ith reference to his
lacement in the B>C
roceedin"s #et in the sealed
cover(s) and the actual date of
romotion of the erson ran#ed
immediatel! ,unior to him b!
the same B>C, he )ould also be
allo)ed his due seniorit! and
bene0t of notional romotion as
envisa"ed in ara ' above.
3.4%f the Government servant is
not ac1uitted on merits in the
criminal rosecution but urel!
on technical "round and
Government either rooses to
ta#e u the matter to a hi"her
court or to roceed a"ainst him
deartmentall! or if the
Government servant is not
e6onerated in the deartmental
roceedin"s, the ad4hoc
romotion "ranted to him
should be brou"ht to an end.
6. The rocedure outlined in
the recedin" aras should also
be follo)ed in considerin" the
claim for con0rmation of an
o$cer under susension, etc. &
ermanent re"ular vacanc!
should be reserved for such an
o$cer )hen his case is laced
in sealed cover b! the B>C.
Note 4.1 4.! 1DD
D. & Government servant, )ho
is recommended for romotion
b! the Beartmental >romotion
Committee but in )hose case
an! of the circumstances
mentioned in ara 5 above arise
after the recommendations of
the B>C are received but before
he is actuall! romoted, )ill be
considered as if his case had
been laced in a sealed cover
b! the B>C. 9e shall not be
romoted until he is comletel!
e6onerated of the char"es
a"ainst him and the rovisions
contained in this G8 )ill be
alicable in his case also.
FBett. of >ersonnel J Trainin"
G8 :o. 55(11H4H914Cstt.(&)
dated 14.(9.1995I
(1,A Ins:718:ions on sea%ed
8o?e7 <7o8ed17e O
A<<%i8a>i%i:& :o 7e?ie=
D)C O 8%a7iC8a:ion
7eAa7dinA.
& 1uestion )hether the sealed
cover rocedure is to be follo)ed
b! a Revie) B>C has been under
consideration of this Beartment
in the li"ht of the decision of the
Central &dministrative Tribunal in
certain cases. The matter has
been considered in consultation
)ith the 8inistr! of -a) and it
has been decided that the sealed
cover rocedure as contained in
the G8 dated 14.(9.1995 cannot
be resorted to b! the Revie) B>C
if no deartmental roceedin"s or
criminal rosecution )as endin"
concerned or heHshe )as not
under susension at the time of
meetin" of the ori"inal B>C or
before romotion of his ,unior on
the basis of the recommendations
of the ori"inal B>C.
G8 :o. 55(11H5H994Cstt.(&)
dated 51.11.5((5I
(1,B Sea%ed Co?e7 )7o8ed17e
O J1dA@en: o9 :;e
S1<7e@e Co17: in :;e
8ase o9 De%;i Ja% Boa7d
Vs. 4o;inde7 SinA; 0JT
2332 (13 SC 1-/2.
>ara D of this Beartment7s G8 :o.
55(11H4H914Cstt. (&) dated 14
th

Setember, 1995 envisa"es as
follo)s ?4
+& Government servant, )ho is
recommended for romotion b! the
Committee but in )hose case an!
of the circumstances mentioned in
ara 5 above arise after the
recommendations of the B>C are
received but before he is actuall!
romoted, )ill be considered as if
his case had been laced in a
sealed cover b! the B>C. 9e shall
not be romoted until he is
comletel! e6onerated of the
char"es a"ainst him and the
rovisions contained in this G8 )ill
be alicable in his case also./
5. %n the case of Belhi Kal <oard
Qs. 8ohindber Sin"h the Sureme
Court FKT 5((( (1() SC 13EI has
held as follo)s ?4
+The ri"ht to be considered b! the
Committee is a fundamental ri"ht
"uaranteed under &rticle 16 of the
Constitution of %ndia, rovided a
erson is eli"ible and is in the 2one
Note 4.1 4.! 1DE
of consideration. The sealed cover
rocedure ermits the 1uestion of
romotion to be #et in abe!ance
till the result of an! endin"
discilinar! in1uir!. <ut the
0ndin"s of the discilinar! in1uir!
e6oneratin" the o$cers )ould
have to be "iven e.ect to as the!
obviousl! relate bac# to the date
on )hich the char"es are framed.
UUUU. The mere fact that b! the
time the discilinar! roceedin"s in
the 0rst in1uir! ended in his favour
and b! the time the seal )as
oened to "ive e.ect to it, another
deartmental in1uir! )as started
b! the deartment, )ould not
come in the )a! of "ivin" him the
bene0t of the assessment b! the
0rst Beartmental >romotion
Committee in his favour in the
anterior selection./
'. %t is, therefore, clari0ed that
ara D of the G.8. dated 14
th

Setember, 1995 )ill not be
alicable if b! the time the seal
)as oened to "ive e.ect to the
e6oneration in the 0rst en1uir!,
another deartmental in1uir! )as
started b! the deartment a"ainst
concerned. This means that )here
the second or subse1uent
deartmental roceedin"s )ere
instituted after romotion of the
,unior to the Government servant
concerned on the basis of the
recommendation made b! the B>C
)hich #et the recommendation in
resect of the Government servant
in sealed cover, the bene0t of the
assessment b! the 0rst B>C )ill be
admissible to the Government
servant on e6oneration in the 0rst
in1uir!, )ith e.ect from the date
his immediate ,unior )as
romoted.
4. %t is further clari0ed that in
case the subse1uent roceedin"s
(commenced after the romotion of
the ,unior) results in the imosition
of an! enalt! before the
e6oneration in the 0rst roceedin"s
based on )hich the
recommendations of the B>C )ere
#et in sealed cover and the
Government servant concerned is
romoted retrosectivel! on the
basis of e6oneration in the 0rst
roceedin"s, the enalt! imosed
ma! be modi0ed and e.ected )ith
reference to the romoted ost. &n
indication to this e.ect ma! be
made in the romotion order itself
so that there is no ambi"uit! in the
matter.
FBett. of >ersonnel J Trainin" G8
:o. 55(11H5H5((54Cstt.(&) dated
54.(5.5(('I
14. Dee@ed S1s<ension 1nde7
R1%e 13 (2 o9 :;e CCS
(CCA R1%es! 1"#- $
S1<7e@e Co17: de8ision in
:;e 8ase o9 Union o9 India
Vs. RaGi? P1@a7.
Reference is invited to Rule 1( (5)
of the CCS (CC&) Rules, 1963 )hich
rovides that a Government
servant shall be deemed to have
been laced under susension b!
an order of the aointin"
authorit! )ith e.ect from the date
of his detention, if he is detained in
custod!, )hether on a criminal
char"e or other)ise, for a eriod
e6ceedin" 4E hours.
Note 4.1 4.! 1D9
5. & 1uestion )hether the order
of susension in a case covered
under Rule 1( (5) of the CCS (CC&)
Rules, 1963 has limited oeration
for the eriod of detention and not
be!ond it, )as considered b! the
Sureme Court in the case of *nion
of %ndia Qs. Ra,iv Tumar (5((' (3)
SC&-C 59D). &llo)in" the aeals
of the *nion of %ndia in this case
the Sureme Court has held that
the order in terms of Rule 1( (5) is
not restricted in its oint of
duration or e$cac! to the actual
eriod of detention onl!. %t
continues to be oerative unless
modi0ed or revo#ed under Sub4
Rule (3) (c) as rovided in Sub4Rule
3 (a) of Rule 1( of the CCS (CC&)
Rules, 1963.
'. 8inistriesHBeartments are
re1uested to brin" the above rulin"
of the Sureme Court to the notice
of all concerned so that the same is
aroriatel! referred to in all
cases )here the 1uestion of
validit! of continued susension
after release from detention of a
Government servant comes u
consideration before the C&T, 9i"h
Court or Sureme Court.
:o. 11(15HEH5(('4Cstt.(&) dated
5'.1(.5(('I
(1-$A S1s<ension o9
Go?e7n@en: se7?an:s O
Re?ie= o9 O Ins:718:ions
7eA.
The undersi"ned is directed
to sa! that Rule 1( (Susension) of
the CCS (CC&) Rules, 1963 is bein"
amended to rovide that an order
of susension made or deemed to
have been made under this Rule
shall be revie)ed b! the
cometent authorit! on
recommendation of the Revie)
Committee constituted for the
urose. %t is also bein" rovided
in the Rules that an order of
susension made or deemed to
have been under sub4Rules (1) or
(5) of rule 1( shall not be valid
after 9( da!s unless it is e6tended
after revie) for a further eriod
before the e6ir! of 9( da!s. %t is
further bein" rovided that
e6tension of susension shall not
be for a eriod e6ceedin" 1E( da!s
at a time. (co! of the :oti0cation
is enclosed).
5. %t is, therefore, necessar! to
constitute Revie) Committee(s) to
revie) the susension cases. The
comosition of Revie)
Committee(s) ma! be as follo)s ?4
(i) The discilinar! authorit!,
the aellate authorit! and another
o$cer of the level of
discilinar!Haellate authorit!
from the same o$ce or from
another Central Government o$ce,
(in case another o$cer of same
level is not available in the same
o$ce), in a case )here the
>resident is not the discilinar!
authorit! or the aellate authorit!.
(ii T;e dis8i<%ina7&
a1:;o7i:& and :=o oI8e7s
o9 :;e %e?e% o9
Se87e:a7&MAdd%.
Se87e:a7&MJoin: Se87e:a7&
=;o a7e eD1i?a%en: o7
;iA;e7 in 7anB :;an :;e
dis8i<%ina7& a1:;o7i:&
97o@ :;e sa@e oI8e o7
Note 4.1 4.! 1E(
97o@ ano:;e7 Cen:7a%
Go?e7n@en: oI8e! (in
8ase ano:;e7 oI8e7 o9
sa@e %e?e% is no:
a?ai%a>%e in :;e sa@e
oI8e! in a 8ase =;e7e
:;e a<<e%%a:e a1:;o7i:& is
:;e )7esiden:.
(iii T;7ee oI8e7s o9 :;e
%e?e% o9 Se87e:a7&MAdd%.
Se87e:a7&MJoin: Se87e:a7&
=;o a7e ;iA;e7 in 7anB
:;an :;e s1s<ended
oI8ia% 97o@ :;e sa@e
De<a7:@en:MOI8e o7
97o@ ano:;e7 Cen:7a%
Go?e7n@en:
De<a7:e@n:MOI8e! (in
8ase ano:;e7 oI8e7 o9
sa@e %e?e% is no:
a?ai%a>%e in :;e sa@e
oI8e! in a 8ase =;e7e
:;e dis8i<%ina7& a1:;o7i:&
is :;e )7esiden:.
The administrative
ministr!HdeartmentHo$ce
concerned ma! constitute the
revie) committees as indicated
above on a ermanent basis or ad4
hoc basis.
'. The Revie) Committee(s)
ma! ta#e a vie) re"ardin"
revocationHcontinuation of the
susension #eein" in vie) the
facts and circumstances of the
case and also ta#in" into account
that undul! lon" susension, )hile
uttin" the emlo!ee concerned to
undue hardshi, involve a!ment
of subsistence allo)ance )ithout
the emlo!ee erformin" an!
useful service to the Government.
Mithout re,udice to the fore"oin",
if the o$cer has been under
susension for one !ear )ithout
an! char"es bein" 0led in a court
of la) or no char"e4memo has
been issued in a deartmental
en1uir!, he shall ordinaril! be
reinstated in service )ithout
re,udice to the case a"ainst him.
9o)ever, in case the o$cer is in
oliceH,udicial custod! or is accused
of a serious crime or a matter
involvin" national securit!, the
Revie) Committee ma!
recommend the continuation of the
susension of the o$cial
concerned.
4. %n so far as ersons servin"
in the %ndian &udit and &ccounts
Beartment are concerned, these
instructions are issued in
and &uditor General of %ndia.
3. &ll 8inistriesHBeartments
are re1uested to brin" the above
instructions to the notice of all
discilinar! authorities under their
control and ensure that necessar!
Revie) Committees are constituted
accordin"l!. %t ma! also be
imressed uon all concerned that
lasin" of an! susension order on
account of failure to revie) the
same )ill be vie)ed seriousl!.
:o. 11(15H4H5(('4Cstt.(&) dated
D.(1.5((4I
(15-B) Suspension of government
servants Review of
Instructions reg.
The undersigned is directed to
refer to this Departments O.M. of even
Note 4.1 4.! 1E1
number dated the 7
th
January, 200
!hich contains guide"ines for
constitution of #evie! $ommittees to
revie! suspension cases. The
%otification of even number dated the
2&
rd
December, 200& inserting sub'ru"es
()* + (7* in #u"e ,0- of the $$. ($$/*
#u"es, ,0)1 has been pub"ished as
2.# %o. 2 in the 2a3ette dated January
&, 200. 4t !ou"d, therefore, be
necessary to revie! of pending cases in
!hich suspension has e5ceeded 00
days, by 2
nd
/pri", 200. Other
suspension cases !i"" a"so have to be
revie!ed before e5piry of 00 days from
the date of order of suspension.
2. Ministries6Departments are
re7uested to ensure that necessary
#evie! $ommittees are constituted as
per the guide"ines "aid do!n in the O.M.
dated the 7
th
January, 200 and
suspension cases are revie!ed
according"y.
8Deptt. of 9ersonne" + Training OM %o.
,,0,266200&':stt.(/* dated ,0.0&.200;
(15C) Review of suspension -
Amendment to te provisions of
ru!e 1" -
The provisions of ru"e ,0 of the
$entra" $ivi" .ervices ($"assification,
$ontro" and /ppea"* #u"es, ,0)1
regarding deemed suspension have
since been revie!ed by this
Department.
2. The provisions in #u"e ,0 of
$$. ($$/* #u"es have been modified
and amendment to the same have been
notified in %otification %o. 2.# ,01
dated ).0).2007 pub"ished in the
2a3ette of 4ndia dated ,).0).2007.
&. /s per the origina" provisions of
ru"e ,0 of the $$. ($$/* #u"es, ,0)1,
the provision for revie! !ithin ninety
days !as app"icab"e to a"" types of
suspensions. <o!ever, in cases of
continued detention, the revie!
becomes a mere forma"ity !ith no
conse7uences as a 2overnment servant
in such a situation has to continue to be
under deemed suspension. 4t has,
therefore, been decided that a revie! of
suspension sha"" not be necessary in
such cases. /ccording"y, a proviso has
no! been added to sub'ru"e(7* of the
said ru"e ,0 as fo""o!s=
#provided tat no suc review of
suspension sa!! $e necessar% in te
case of deemed suspension under
su$-ru!e(&)' if te (overnment
servant continues to $e under
detention at te time of comp!etion of
ninet% da%s of suspension and te
ninet% da%s period for review in suc
cases wi!! count from te date te
(overnment servant detained in
custod% is re!eased from detention or
te date on wic te fact of is
re!ease from detention is intimated to
is appointing autorit%' wicever
is !ater.)
. 4n deemed suspensions under
sub'ru"e (2*, the date of order of
suspension may be much "ater than the
deemed date of suspension. >ith a
vie! to ma?ing these provisions e5p"icit,
sub'ru"e ()* of the aforesaid ru"e ,0 has
no! been amended to substitute the
!ords @ninety days from the date of
order of suspensionA occurring therein
!ith @ninet% da%s from te effective
date of suspensionA. $onse7uent
upon this amendment, it !ou"d
henceforth be necessary to specifica""y
Note 4.1 4.! 1E5
indicate in the orders of suspension the
effective date of suspension.
1. .ub'ru"e (7* of the aforesaid ru"e
,0 stipu"ates says that @%ot!ithstanding
anything contained in sub'ru"e (1*(a*, an
order of suspension made or deemed to
have been made under sub'ru"e (,* or
(2* of this ru"e sha"" not be va"id after a
period of ninety days un"ess it is
e5tended after revie!, for a further
period before the e5piry of ninety
days.A .ub'ru"e (1*(a* of the aforesaid
ru"e ,0 has, therefore, no! been
amended to read as fo""o!s ='
#su$*ect to te provisions contained
in su$-ru!e (+)' an order of
suspension made or deemed to ave
$een made under tis ru!e sa!!
continue to remain in force unti! it is
modified or revo,ed $% te autorit%
competent to do so.)
$onse7uent"y, the !ords
@-otwitstanding an%ting contained
in su$-ru!e (5)(a)A stated in su$-ru!e(+)
of Ru!e 1" have become redundant and
have, therefore, been de!eted.
). 4n so far as persons serving in
the 4ndian /udit and /ccounts
Department are concerned, these
amendments have been made in
consu"tation !ith the $omptro""er and
/uditor 2enera" of 4ndia.
8DO9T OM %o. ,,0,2662007':stt. (/*,
dated ,2
th
Ju"y, 2007;
)ART V
>C:&-T%CS &:B B%SC%>-%:&RR
&*9TGR%T%CS
11. )ena%:ies
T;e 9o%%o=inA <ena%:ies @a&!
9o7 Aood and s1I8ien: 7easons
and as ;e7eina9:e7 <7o?ided! >e
i@<osed on a Go?e7n@en:
se7?an:! na@e%& :$
Ainor 9enalties -
(i 8ens17eF
(ii =i:;;o%dinA o9 ;is
<7o@o:ionF
(iii 7e8o?e7& 97o@ ;is <a&
o9 :;e =;o%e o7 <a7: o9
an& <e81nia7& %oss
8a1sed >& ;i@ :o :;e
Go?e7n@en: >&
neA%iAen8e o7 >7ea8; o9
o7de7sF
(iii a 7ed18:ion :o a %o=e7
s:aAe in :;e :i@e$s8a%e o9
<a& >& one s:aAe 9o7 a
<e7iod no: e68eedinA
:;7ee &ea7s! =i:;o1:
81@1%a:i?e eLe8: and no:
ad?e7se%& aLe8:inA ;is
<ension.
(i? =i:;;o%dinA o9
in87e@en:s o9 <a&F
AaHor 9enalties -
(? sa?e as <7o?ided 9o7 in
8%a1se (iii (a! 7ed18:ion
:o a %o=e7 s:aAe in :;e
:i@e$s8a%e o9 <a& 9o7 a
Note 4.1 4.! 1E'
s<e8iCed <e7iod! =i:;
917:;e7 di7e8:ions as :o
=;e:;e7 o7 no: :;e
Go?e7n@en: se7?an: =i%%
ea7n in87e@en:s o9 <a&
d17inA :;e <e7iod o9 s18;
7ed18:ion and =;e:;e7
on :;e e6<i7& o9 s18;
<e7iod! :;e 7ed18:ion =i%%
o7 =i%% no: ;a?e :;e eLe8:
o9 <os:<oninA :;e 91:17e
in87e@en:s o9 ;is <a&
(vi) reduction to lo)er time4
scale of a!, "rade, ost or
Service for a eriod to be
seci0ed in the order of
enalt!, )hich shall be a
bar to the romotion of the
Government servant durin"
such seci0ed eriod to the
time4scale of a!, "rade,
ost or Service from )hich
he )as reduced, )ith
direction as to )hether or
not, on romotion on the
e6ir! of the said seci0ed
eriod 4
(a) the eriod of reduction to
time4scale of a!, "rade,
ost or service shall oerate
to ostone future
increments of his a!, and if
so, to )hat e6tent@ and
(b) the Government servant
shall re"ain his ori"inal
seniorit! in the hi"her time
scale of a! , "rade, ost or
service@
(?ii 8o@<1%so7& 7e:i7e@en:F
(?iii 7e@o?a% 97o@ se7?i8e
=;i8; s;a%% no: >e a
disD1a%iC8a:ion 9o7 91:17e
e@<%o&@en: 1nde7 :;e
Go?e7n@en:F
(i6 dis@issa% 97o@ se7?i8e
=;i8; s;a%% o7dina7i%& >e
a disD1a%iC8a:ion 9o7
91:17e e@<%o&@en: 1nde7
:;e Go?e7n@en:.
)7o?ided :;a:! in e?e7& 8ase in
=;i8; :;e 8;a7Ae o9 <ossession
o9 asse:s dis<7o<o7:iona:e :o
Bno=n$so178e o9 in8o@e o7 :;e
8;a7Ae o9 a88e<:an8e 97o@ an&
<e7son o9 an& A7a:iC8a:ion!
o:;e7 :;an %eAa% 7e@1ne7a:ion!
as a @o:i?e o7 7e=a7d 9o7 doinA
o7 9o7>ea7inA :o do an& oI8ia%
a8: is es:a>%is;ed! :;e <ena%:&
@en:ioned in 8%a1se (?iii o7
8%a1se (i6 s;a%% >e i@<osed :
)7o?ided 917:;e7 :;a: in an&
e68e<:iona% 8ase and 9o7
s<e8ia% 7easons 7e8o7ded in
=7i:inA! an& o:;e7 <ena%:& @a&
>e i@<osed.
E()LANATION $ T;e 9o%%o=inA
s;a%% no: a@o1n: :o a <ena%:&
=i:;in :;e @eaninA o9 :;is 71%e!
na@e%&:$
(i =i:;;o%dinA o9
in87e@en:s o9 a
Note 4.1 4.! 1E4
Go?e7n@en: se7?an: 9o7
;is 9ai%17e :o <ass an&
de<a7:@en:a%
e6a@ina:ion in
a88o7dan8e =i:; :;e
71%es o7 o7de7s Ao?e7ninA
:;e Se7?i8e :o =;i8; ;e
>e%onAs o7 <os: =;i8; ;e
;o%ds o7 :;e :e7@s o9 ;is
a<<oin:@en:F
(ii s:o<<aAe o9 a
Go?e7n@en: se7?an: a:
:;e eI8ien8& >a7 in :;e
:i@e$s8a%e o9 <a& on :;e
A7o1nd o9 ;is 1nC:ness
:o 87oss :;e >a7F
(iii non$<7o@o:ion o9 a
Go?e7n@en: se7?an:!
=;e:;e7 in a s1>s:an:i?e
o7 oI8ia:inA 8a<a8i:&!
a9:e7 8onside7a:ion o9 ;is
8ase! :o a Se7?i8e! A7ade
o7 <os: 9o7 <7o@o:ion :o
=;i8; ;e is e%iAi>%eF
(i? 7e?e7sion o9 a
Go?e7n@en: se7?an:
oI8ia:inA in a ;iA;e7
Se7?i8e! A7ade o7 <os: :o
a %o=e7 Se7?i8e! A7ade o7
<os:! on :;e A7o1nd :;a:
;e is 8onside7ed :o >e
1ns1i:a>%e 9o7 s18;
;iA;e7 Se7?i8e! A7ade o7
<os: o7 on an&
ad@inis:7a:i?e A7o1nd
1n8onne8:ed =i:; ;is
8ond18:F
(? 7e?e7sion o9 a
Go?e7n@en: se7?an:!
a<<oin:ed on <7o>a:ion
:o an& o:;e7 Se7?i8e!
A7ade o7 <os:! :o ;is
<e7@anen: Se7?i8e!
A7ade o7 <os: d17inA o7
a: :;e end o9 :;e <e7iod
o9 <7o>a:ion in
a88o7dan8e =i:; :;e
:e7@s o9 ;is a<<oin:@en:
o7 :;e 71%es and o7de7s
Ao?e7ninA s18;
<7o>a:ionF
(?i 7e<%a8e@en: o9 :;e
se7?i8es o9 a Go?e7n@en:
se7?an:! =;ose se7?i8es
;ad >een >o77o=ed 97o@
a S:a:e Go?e7n@en: o7
an& a1:;o7i:& 1nde7 :;e
8on:7o% o9 a S:a:e
Go?e7n@en:! a: :;e
dis<osa% o9 :;e S:a:e
Go?e7n@en: o7 :;e
a1:;o7i:& 97o@ =;i8; :;e
se7?i8es o9 s18;
Go?e7n@en: se7?an: ;ad
>een >o77o=edF
(?ii 8o@<1%so7& 7e:i7e@en:
o9 a Go?e7n@en: se7?an:
in a88o7dan8e =i:; :;e
<7o?isions 7e%a:inA :o ;is
s1<e7ann1a:ion o7
7e:i7e@en:F
(?iii :e7@ina:ion o9 :;e
se7?i8es $
(a o9 a Go?e7n@en:
se7?an: a<<oin:ed on
<7o>a:ion! d17inA o7 a:
:;e end o9 :;e <e7iod o9
;is <7o>a:ion! in
a88o7dan8e =i:; :;e
:e7@s o9 ;is a<<oin:@en:
Note 4.1 4.! 1E3
o7 :;e 71%es and o7de7s
Ao?e7ninA s18;
<7o>a:ion! o7
(> o9 a :e@<o7a7&
Go?e7n@en: se7?an: in
a88o7dan8e =i:; :;e
<7o?isions o9 s1>$71%e (1
o9 R1%e - o9 :;e Cen:7a%
Ci?i% Se7?i8es (Te@<o7a7&
Se7?i8e R1%es! 1"#-! o7
(8 o9 a Go?e7n@en:
se7?an:! e@<%o&ed 1nde7
an aA7ee@en:! in
a88o7dan8e =i:; :;e
:e7@s o9 s18;
aA7ee@en:.
de8isions :
(1 Dis:in8:ion >e:=een
Cens17e and Wa7ninA :$
&n order of +Censure/ is a
formal and ublic act intended
to conve! that the erson
concerned has been "uilt! of
some blame)orth! act or
omission for )hich it has been
found necessar! to a)ard him a
formal unishment, and nothin"
can amount to a +censure/
unless it is intended to be such
a formal unishment and
imosed for +"ood and
su$cient reason/ after follo)in"
the rescribed rocedure. &
record of the unishment so
imosed is #et on the o$cer7s
con0dential roll and the fact
that he has been Acensured7 )ill
have its bearin" on the
assessment of his merit or
suitabilit! for romotion to
hi"her osts.
There ma! be occasions, on the
other hand, )hen a suerior
o$cer ma! 0nd it necessar! to
criticise adversel! the )or# of
an o$cer )or#in" under (e.".
oint out ne"li"ence,
carelessness, lac# of
thorou"hness, dela! etc.) or he
ma! call for an e6lanation for
some act or omission and ta#in"
all circumstance into
consideration, it ma! be felt
that, )hile the matter is not
serious enou"h to ,ustif! the
imosition of the formal
unishment of Acensure7 it calls
for some informal action such
as the communication of a
)ritten )arnin", admonition or
rerimand, if the circumstances
,ustif! it, a mention ma! also be
made of such a )arnin" etc., in
the o$cer7s con0dential roll@
ho)ever, the mere fact that it is
so mentioned in the character
roll does not convert the
)arnin" etc. into +censure/.
&lthou"h such comments,
remar#s, )arnin" etc., also
)ould have the e.ect of ma#in"
it aarent or #no)n to the
erson concerned that he has
done somethin" blame4)orth!
and, to some e6tent, ma! also
e.ect the assessment of his
merit and suitabilit! for
romotion, the! do not amount
to the imosition of the enalt!
of ACensure7 because it )as not
intended that an! formal
unishment should be inLicted.
Note 4.1 4.! 1E6
The fact that a mere informal
A)arnin"7 cannot be e1uated to
a formal Acensure7, should not,
ho)ever, be ta#en as
tantamount to su""estion that a
)ritten )arnin" ma! be freel!
"iven )ithout carin" )hether or
not it is reall! ,usti0ed. %t is a
matter of simle natural ,ustice
that )ritten )arnin"s,
rerimands, etc. should not be
administered or laced on an
o$cer7s con0dential record
unless the authorit! doin" so is
satis0ed that there is "ood and
su$cient reason to do so.
>ara"rah 6 of the 9ome
8inistr!7s G$ce 8emorandum
:o. 31H3H344Csts.(&) dated the
5D
th
Kanuar!, 1933 rovides
detailed "uidance in the matter
of recordin" adverse remar#s in
con0dential reorts. %t ma! be
reiterated here that in the
dischar"e of the resonsible
tas# of recordin" the
con0dential reorts, ever!
reortin" o$cer should be
conscious of the fact that it is
his dut! not onl! to ma#e an
ob,ective assessment of his
subordinates7 )or# and
1ualities, but also to see that he
"ives to his subordinates at all
times the advice, "uidance and
assistance to correct their faults
and de0ciencies. %f this art of
the reortin" o$cers7 dut! has
been roerl! erformed there
should be no di$cult! about
recordin" adverse entries
because the! )ould onl! refer
to the defects )hich have
ersisted in site of reortin"
o$cer7s e.orts to have them
corrected. %f after havin" ta#en
such care the reortin" o$cer
0nds that for the urose of
trul! ob,ective assessment
mention should be made of an!
)arnin", admonition etc. issued,
eseciall! those )hich have not
roduced the desired
imrovement, it is his ri"ht and
dut! to so mention them. %n
rocess of brinin" the defects to
the notice of erson concerned,
)here an e6lanation is
ossible an oortunit! to do so
should be "iven. This cannot,
ho)ever, be e1uated to formal
roceedin"s re1uired to be
ta#en under Rule 334& (no) rule
16) of Rules, nor the )arnin"
"iven amounts to the imosition
of a formal enalt!.
F89& G8 :o. '9H51H364Csts.(&)
dated the 1'
th
Becember,
1936I.
(1A W7i:inA o9
ConCden:ia% Re<o7:s O
4en:ion o9 =a7ninAs :;e7ein
;
There ma! be occasions )hen a
suerior o$cer ma! 0nd it
necessar! to critici2e adversel!
the )or# of an o$cer )or#in"
under him or he ma! call for an
e6lanation for some act of
omission or commission and
ta#in" all circumstances into
consideration, it ma! be felt
that )hile the matter is not
serious enou"h to ,ustif! the
imosition of the formal
unishment of censure, it calls
for some formal action such as
Note 4.1 4.! 1ED
the communication of )ritten
)arnin", admonition or
rerimand. Mhere such a
)arnin"HdisleasureHrerimand
is issued, it should be laced in
the ersonal 0le of the o$cer
concerned. &t the end of the
!ear (or eriod of reort), the
reortin" authorit!, )hile
)ritin" the con0dential reort of
the o$cer, ma! decide not to
ma#e a reference in the
con0dential reort to the
)arnin"HdisleasureHrerimand,
if in the oinion of that
authorit!, the erformance of
the o$cer reorted on after the
issue of the )arnin" or
disleasure or rerimand, as the
case ma! be, has imroved and
has been found satisfactor!. %f,
ho)ever, the reortin"
authorit! comes to the
conclusion that desite the
the o$cer has not imroved, it
ma! ma#e aroriate mention
of such
as the case ma! be, in the
relevant column in >art4%%% of the
form of Con0dential Reort
relatin" to assessment b! the
Reortin" G$cer, and , in that
case, a co! of the
)arnin"HdisleasureHrerimand
referred to in the con0dential
reort should be laced in the
CR dossier as an anne6ure to
the con0dential reort for the
relevant eriod. The adverse
remar#s should also be
conve!ed to the o$cer and his
reresentation, if an!, a"ainst
the same disosed of in
accordance )ith the rocedure
laid do)n in the instructions
issued in this re"ard.
FBett. of >ersonnel J &R G8
:o. 51(11H1HE14Csts.(&) dated
the 3
th
Kune, 19E1I.
(1B )7o@o:ion :o a ;iA;e7
G7ade o7 <os: O C%a7iC8a:ions
7eAa7dinA eLe8: o9 =a7ninAs
e:8. on <7o@o:ion.
&t resent, administrative
devices li#e )arnin", letter of
caution, rerimand etc. are bein"
used b! the various administrative
8inistriesHBeartments for
cautionin" the Government
servants a"ainst such minor lases
as ne"li"ence, carelessness, lac# of
thorou"hness and dela! in disosal
of o$cial )or# )ith a vie) to
tonin" u e$cienc! or maintainin"
disciline. These administrative
actions do not, ho)ever, constitute
an! of the enalties seci0ed in
rule 11 of the CCS (CC&) Rules,
1963. Boubts have often been
raised about the actual e.ect of
such informal administrative
actions as )arnin", letter of
caution and rerimand on the
romotion of a Government
servant.
5. %n this connection, the
e6istin" rovisions re"ardin" the
e.ect of )arnin" etc. as
distin"uished from Censure on
romotion are reiterated and
clari0ed as follo)s ?4
Note 4.1 4.! 1EE
(i T;e7e is no
o>Ge8:ion :o :;e
8on:in1an8e o9 :;e
<7a8:i8e o9 iss1inA o7a% o7
=7i::en =a7ninAs.
+o=e?e7! =;e7e a 8o<& o9
:;e =a7ninA is a%so Be<:
on :;e ConCden:ia%
Re<o7: dossie7! i: =i%% >e
:aBen :o 8ons:i:1:e an
ad?e7se en:7& and :;e
oI8e7 so =a7ned =i%%
;a?e :;e 7iA;: :o
7e<7esen: aAains: :;e
sa@e in a88o7dan8e =i:;
:;e e6is:inA ins:718:ions
7e%a:inA :o
8o@@1ni8a:ion o9
ad?e7se 7e@a7Bs and
8onside7a:ion o9
7e<7esen:a:ions aAains:
:;e@.
(ii Wa7ninAs! %e::e7s
o9 8a1:ion! 7e<7i@ands o7
ad?iso7ies ad@inis:e7ed
:o Go?e7n@en: se7?an:s
do no: a@o1n: :o a
<ena%:& and! :;e7e9o7e!
=i%% no: 8ons:i:1:e a >a7
9o7 8onside7a:ion o9 s18;
Go?e7n@en: se7?an:s 9o7
<7o@o:ion.
(iii W;e7e a
de<a7:@en:a% <7o8eedinA
;as >een ins:i:1:ed! and
i: is 8onside7ed :;a: a
Go?e7n@en: se7?an:
dese7?es :o >e <ena%iHed
9o7 :;e
oLen8eM@is8ond18:! one
o9 :;e <7es87i>ed
<ena%:ies @a& on%& >e
a=a7ded and no =a7ninA
7e8o7da>%e o7 o:;e7=ise!
s;o1%d >e iss1ed :o :;e
Go?e7n@en: se7?an:.
(i? T;e :e7@
Ne@<ane%@en:K o88177inA
in <a7a 1 o9 DO)TKs O.4.
No. 11312M11M233.$Es::.
(A da:ed 14.12.233.
7e%a:inA :o A1ide%ines on
A7an: o9 ?iAi%an8e
8%ea7an8e does no: 8o?e7
8ases o9 <7o@o:ion.
Cases o9 <7o@o:ion o9
Go?e7n@en: se7?an:s
d17inA :;e <enden8& o9
dis8i<%ina7& <7o8eedinAs
=o1%d >e 7eA1%a:ed >&
DO)TKs O.4. No.
22311M4M"1$Es::. (A
da:ed 14.3".1""2! O.4.
No. 22312M1M""$Es::. (D
da:ed 2-.13.2334 and
a9:e7 i@<osi:ion o9 an& o9
:;e <7es87i>ed <ena%:ies
as <e7 O.4. No.
223,4M-M2334$Es::. (D
da:ed 1-.12.2334.
'. &ll 8inistriesHBeartments
are, therefore, re1uested to #ee in
vie) the above "uidelines )hile
dealin" )ith cases of romotion of
the Government servants.
FBG>T G.8. :o. 11(15H6H5((E4Cstt.
(&) dated Dth Kul!, 5((EI
(2 De<a7:@en:a% a8:ion
9o7 neA%e8: o9 9a@i%& >&
Go?e7n@en: se7?an: ;
%nstances of failure of
Government servants to loo#
after the roer maintenance of
Note 4.1 4.! 1E9
their families have come to
Government7s notice. %t has
been su""ested that a rovision
ma! be made in the Central
Civil Services (Conduct) Rules,
to enable Government to ta#e
action a"ainst those
Government servants )ho do
not loo# after their families
roerl!.
The 1uestion has been
e6amined and it has been
decided that it )ill not be
ossible to ma#e such a
rovision in the Conduct Rules
as it )ould entail administrative
di$culties in imlementin" and
enforcin" it. 9o)ever, a
Government servant is
e6ected to maintain a
reasonable and decent standard
of conduct in his rivate life and
not brin" discredit to his service
b! his misdemeanor. %n cases
)here a Government servant is
reorted to have acted in a
manner unbecomin" of a
Government servant as, for
instance, b! ne"lect of his )ife
and famil!, deartmental action
can be ta#en a"ainst him on
that score )ithout invo#in" an!
of the Conduct Rules. %n this
connection, a reference is
invited to Rule 11 of the CCS
(CC&) Rules, )hich seci0ed the
nature of enalties that ma! for
"ood and su$cient reasons, be
imosed on a Government
servant. %t has been held that
ne"lect b! a Government
servant of his )ife and famil! in
a manner unbecomin" of a
re"arded as a "ood and
su$cient reason to ,ustif! action
bein" ta#en a"ainst him under
this rule.
%t should, ho)ever, be noted
that in such cases the art!
a.ected has le"al ri"ht to claim
maintenance. %f an! le"al
roceedin"s in this behalf
should be endin" in a court of
la), it )ould not be correct for
Government to ta#e action
on this "round as such action
ma! be construed b! the court
to amount to contemt.
F89& G8 :o. =.53H16H394Csts.
(&) dated the 1
st
Setember,
1939I.
(, En:7& o9
<1nis;@en:s in 8onCden:ia%
7o%%s :$
%t has been decided that if as a
result of discilinar!
roceedin"s an! of the
rescribed unishments (e.".,
censure, reduction to a lo)er
ost, etc.) is imosed on a
Government servant, a record
of the same should invariabl!
be #et in his con0dential roll.
F89& G8 :o. 'EH15H394Csts.(&)
dated the 5'
rd
&ril, 196(I.
(4 Re<7o@o:ion o9
oI8e7s 7ed18ed in 7anB as a
@eas17e o9 <ena%:& ?4
%f the order of reduction is
intended for an inde0nite eriod
the order should be framed as
follo)s ?4
Note 4.1 4.! 19(
+& is reduced to the lo)er
ostH"radeHservice of S until he
is found 0t b! the cometent
authorit! to be restored to the
hi"her ostH"radeHservice of R/.
%n cases )here it is intended
that the 0tness of the
Government servant for re4
romotion or restoration to his
ori"inal osition )ill be
considered onl! after a seci0ed
eriod, the order should be
made in the follo)in" form ?4
+& is reduced to the lo)er
ostH"radeHService of S until he
is found 0t, after a eriod
VVVVVVVVV !ears from the date of
this order, to be restored to the
hi"her ost of R./
F89& G8 :o. 9H'(H6'4Cstt.(B)
dated the D
th
=ebruar!, 1964I.
(- ReAis:e7inA na@e =i:;
E@<%o&@en: E68;anAe
9o7 ;iA;e7 <os:s no:
<e7@issi>%e =;en <ena%:&
is in 9o78e ?4
The Government had under
consideration the 1uestion
)hether a Government servant
on )hom a enalt! has been
imosed can be ermitted to
re"ister his name )ith the
Cmlo!ment C6chan"e for a
hi"her ost, )hen the duration
of the enalt! is not !et over. %t
has since been decided that a
Government servant on )hom
the enalt! seci0ed in clauses
(ii) and (iv) of rule 11 of the CCS
(CC&) Rules, 1963 has been
imosed should not be allo)ed
to re"ister his name )ith the
Cmlo!ment C6chan"e for
hi"her osts durin" the eriod
the enalt! in is force.
F89& G8 :o. 14H6H634Csts.(B)
dated the 55
nd
=ebruar!, 1963I.
(# )7o?ision in :;e 71%es o9
<1>%i8 1nde7:aBinA
ena>%inA dis8i<%ina7&
a8:ion aAains: di7e8:
7e871i:s 9o7 a8:s
8o@@i::ed <7io7 :o :;ei7
7e871i:@en: ?4
%t has been recommended b!
the Koint Conference of the
Central <ureau of %nvesti"ation
and the State &nti4Corrution
o$cers held in :ovember,
1963, that a rovision should be
made in the rules of ublic
sector underta#in"s )hich
)ould enable them to ta#e
discilinar! action a"ainst their
emlo!ees aointed throu"h
direct recruitment, for acts done
b! them in their revious or
earlier emlo!ment. &fter a
careful consideration of this
recommendation, Government
have come to the conclusion
that an emlo!er is not
recluded from ta#in" action
a"ainst an emlo!ee in resect
of misconduct committed before
his emlo!ment if the
misconduct )as of such a
nature as has rational
connection )ith his resent
emlo!ment and renders him
un0t and unsuitable for
continuin" in service. &
rovision in the Bisciline Rules
that enalties can be imosed
for A"ood and su$cient reasons7
Note 4.1 4.! 191
as in rule 11 of the Central Civil
Services (Classi0cation, Control
and &eal) Rules, 1963, )ould
be ade1uate authorit! for ta#in"
action in resect of misconduct
of the nature referred to above.
Mhen such action is ta#en, the
char"e should seci0call! state
that the misconduct alle"ed is
such that it renders him un0t
and unsuitable for continuance
in service.
8inistr! of %ndustr! etc. are
re1uested to brin" the above
osition to the notice of all
ublic sector underta#in"s
under their control and re1uest
them to ma#e a rovision in
their Bisciline Rules, so as to
enable them to imose
enalties on their emlo!ees for
A"ood and su$cient reasons7 as
in rule 11 of the Central Civil
and &eal) Rules, 1963, if such
a rovision does not alread!
e6ist.
F89& G8 :o. '9H1H6D4Csts.(&)
dated the 51
st
=ebruar!, 196DI.
(. )7o@o:ion o9
e@<%o&ees on =;o@ an&
<ena%:& ;as >een i@<osed O
The Sta. Side of the :ational
Council, at its meetin" held on
5D
th
and the 5E
th
Kanuara!,19D1
raised the follo)in" oints ?4
(i) ACensure7 should not
be a bar to eli"ibilit! to sit
for a
deartmentalHromotional
e6amination or for
romotion@
(ii) Mhere the resonsibilit! of
an emlo!ee for an! loss is
indirect, he should not be
debarred from bein"
considered for romotion
durin" the eriod of
recover! of the loss@ and
(iii) & distinction should be made
bet)een stoa"e of
increments and reduction to
a lo)er sta"e of the a!
scale and in the former t!e
of cases, the emlo!ees
should not be debarred from
bein" considered for
romotion.
5. &s re"ards the 0rst oint,
under e6istin" instructions,
ever! erson eli"ible for
romotion and in the 0eld of
choice has to be considered for
romotion. The fact of the
imosition of the minor enalt!
of censure on a Government
servant does not b! itself stand
a"ainst the consideration of
such erson for romotion, as
his 0tness for the romotion has
to be ,ud"ed, in the case of
romotion b! seniorit!, on the
basis of an overall assessment
of his service record, and in the
case of romotion b! selection
on merit, on the basis of his
merit cate"orisation )hich is
a"ain based uon an overall
assessment of his service
record. So far as the eli"ibilit!
of a Government servant )ho
has been a)arded the enalt!
of censure, to aear at a
e6amination is concerned, the
Note 4.1 4.! 195
same rinciles )ould al!,
vi2. that he cannot, merel!
because of the enalt! of
censure, be debarred from
aearin" at such an
e6amination. %n case, ho)ever,
the rules of such an
e6amination la! do)n that onl!
those eli"ible ersons can be
allo)ed to aear at the
e6amination )ho are considered
to be 0t for the urose, the
0tness of an eli"ible candidate,
)ho has been a)arded the
enalt! of censure, to aear at
the e6amination has to be
considered on the basis of an
overall assessment of his
service record and not merel!
on the basis of the enalt! of
censure.
'. &s re"ards the other t)o
oints mentioned in ara"rah
1 above, )hile it is not ossible
to la! do)n an! hard and fast
rules in this re"ard, and it is for
the cometent authorit! to ta#e
a decision in each case havin"
re"ard to its facts and
circumstances, it is considered
necessar! to reiterate the
e6istin" instructions on the
sub,ect. Recover! from the a!
of a Government servant of the
)hole or art of an! ecuniar!
loss caused b! him to
Government b! ne"li"ence or
breach of orders, or )ithholdin"
of increments of a!, are also
minor enalties laid do)n in
rule 11 of the CCS (CC&) Rules.
&s in the case of romotion of a
Government servant, )ho has
been a)arded the enalt! of
censure, the enalt! of recover!
from his a! of the loss caused
b! him to Government or of
)ithholdin" his increment(s)
does not stand in the )a! of his
consideration for romotion
thou"h in the latter case
romotion is not "iven e.ect to
durin" the currenc! of the
enalt!. Mhile, therefore, the
fact of the imosition of such a
enalt! does not b! itself debar
concerned from bein"
considered for romotion, it is
also ta#en into account b! the
Committee, or the cometent
authorit!, as the case ma! be,
in the overall assessment of his
service record for ,ud"in" his
suitabilit! or other)ise for
romotion or his 0tness for
admission to a
e6amination ()here 0tness of
the candidates is a condition
recedent to such admission).
FCabinet Sectt.(Beartment of
>ersonnel) G8 :o. 51H3HD(4Csts.
(&) dated the 13
th
8a!, 19D1I.
(.A
The attention of the 8inistr! of
=inance etc. is invited to 89&
G8 :o. '9H'H394Cstt.(&) dated
'1.(E.196(, G8 :o. DH5EH6'4
Cstt.(&) dated 55.15.1964 and
G8 :o. 55(11H'HDD4Cstt.(&)
dated 14.(D.19DD Fsince revised
and consolidated vide G8 :o.
55(11H4H914Cstt.(&) dated
14.(9.1995I )hich la! do)n the
"uide4lines for follo)in" the
Note 4.1 4.! 19'
Asealed cover7 rocedure and for
"rantin" bene0ts )ith
retrosective e.ect on the
+comlete e6oneration/ of the
o$cial concerned. The scoe of
the term +comlete
e6oneration/ )as ver! )ide,
resultin" in denial of bene0ts
even to those )ho had not been
a)arded an! of the rescribed
enalties as a result of
discilinar! roceedin"s but
)ere onl! issued a )arnin".
There is also in vo"ue the
ractice of issuin" +recordable
)arnin"/ to Government
emlo!ees )hich a.ect their
career rosects. The matter
has, therefore, been e6amined
carefull! and the follo)in"
decisions have been ta#en ?4
(i) &s clari0ed in the 8inistr! of
9ome &.airs G8 :o.
'9H51H364Cstt.(&) dated
1'.15.1936, )arnin" is
administered b! an!
authorit! suerior to a
Government emlo!ee in
the event of minor lases
li#e ne"li"ence,
carelessness, lac# of
thorou"hness, dela! etc. %t
is an administrative device
in the hands of suerior
authorities for cautionin"
the Government emlo!ees
)ith a vie) to tonin" u
e$cienc! and maintainin"
disciline. There is,
therefore, no ob,ection to
the continuance of this
s!stem. 9o)ever, )here a
co! of the )arnin" is also
#et in the Con0dential
Reort dossier, it )ill be
ta#en to constitutes an
adverse entr! and the
o$cer so )arned )ill have
the ri"ht to reresent
a"ainst the same in
accordance )ith the e6istin"
instruction relatin" to
communication of adverse
remar#s and consideration
of reresentations a"ainst
them.
(ii) Mhere a deartmental
roceedin" has been
comleted and it is
considered that the o$cer
concerned deserves to be
enalised, he should be
a)arded one of the
reco"nised statutor!
enalties as "iven in Rule 11
of the CCS (CC&) Rules,
1963. %n such a situation, a
recordable )arnin" should
not be issued as it )ould for
all ractical uroses,
amount to a +censure/
)hich is a formal
unishment and )hich can
onl! be a)arded b! a
cometent discilinar!
authorit! after follo)in" the
rocedure rescribed in the
relevant discilinar! rules.
The Belhi 9i"h Court has, in
the case of :adhan Sin"h
Qs. *nion of %ndia also
e6ressed the vie) that
)arnin" #et in the CR
dossier has all the attributes
of +censure/. %n the
circumstances, as alread!
stated, )here it is
considered after the
Note 4.1 4.! 194
conclusion of discilinar!
roceedin"s that some
blame attached to the
o$cer concerned )hich
necessitates co"ni2ance of
such fact the discilinar!
authorit! should a)ard the
enalt! of +censure/ at
least. %f the intention of the
discilinar! authorit! is not
to a)ard a enalt! of
+censure/, then no
recordable )arnin" should
be a)arded. There is no
restriction on the ri"ht of the
discilinar! authorit! to
administer oral )arnin"s or
even )arnin"s in )ritin"
)hich do not form art of
the character roll.
(iii) Mhere the deartmental
roceedin"s have ended
)ith the imosition of a
minor enalt!, vi2, censure,
recover! of ecuniar! loss to
the Government,
)ithholdin" of increments of
a! and )ithholdin" of
romotion, the
recommendation of the B>C
in favour of the emlo!ee,
#et in the sealed cover, )ill
not be "iven e.ect to. <ut
the case of the emlo!ee
concerned for
romotionHcon0rmation ma!
be considered b! the ne6t
B>C )hen it meets after the
conclusion of the
deartmental roceedin"s.
%f the 0ndin"s of the B>C are
in favour of the emlo!ee,
he ma! be romoted in his
turn if the enalt! is that of
+censure/ or +recover! of
ecuniar! loss caused to the
Government b! ne"li"ence
or breach of orders/, %n the
case of emlo!ees )ho have
been a)arded the minor
enalt! of +)ithholdin" of
increments/ or +)ithholdin"
of romotion/ romotion can
be made onl! after the
e6ir! of the enalt!.
(iv) %f a recordable )arnin" has
been issued to an o$cer as
a result of discilinar!
roceedin"s before the issue
of this G$ce 8emorandum
and the case of the o$cer
concerned for romotion is
still under consideration, he
should be treated as havin"
been +censured/. The
o$cer )ill also have the
ri"ht of reresentation
a"ainst such )arnin" and
such reresentation shall be
dealt )ith b! the cometent
authorit! as if it )ere an
aeal under the relevant
discilinar! rules.
FBett. of >eronnel J &.R. G.8.
:o. 55(11H5HDE4Cstt.(&) dated
the 16
th
=ebruar!, 19D9I
(/ S8o<e o9 <ena%:& o9
7ed18:ion in 7anB$
S1<7e@e Co17: G1dA@en:
in 8ases o9 S;7i Na&ada7
SinA; 5 S;7i 4.J. Nina@a
Vs. Union o9 India (Ci?i%
A<<ea% No. ,33, o9 1"//
and //" o9 1"// :$
Clause (vi) of Rule 11, )hich
enumerates the enalties that
ma! be imosed on a
Note 4.1 4.! 193
Government servant after
follo)in" the rescribed
rocedure, rovides as under ?4
+(vi) reduction to a lo)er
time4scale of a!, "rade, ost or
Service )hich shall ordinaril! be
a bar to the romotion of the
Government servant, to the
time scale of a!, "rade, ost or
Service from )hich he )as
reduced )ith or )ithout further
directions re"ardin" conditions
of the restoration to the "rade
or ost or Service from )hich
the Government servant )as
reduced and his seniorit! and
a! on such restoration to that
"rade, ost or service./
5. The ,ud"ment cited above
related to t)o cases in one of
)hich a Government servant
)ho )as initiall! recruited as a
>ostal &ssistant and )as later
romoted as *BC, )hile
)or#in" as *BC, )as reduced in
ran#, as a measure of enalt!,
to a ost of -BC, )hich )as
lo)er in ran# than the ost of
>ostal &ssistant to )hich he had
been recruited initiall!. %n the
second case, discilinar!
authorit! had imosed a enalt!
of reduction in ran# reducin" an
o$cer from the ost of
&ssistant -ocust Marnin" G$cer
to )hich he )as recruited
directl! to that of Kunior
Technical &ssistant. The
Sureme Court, )hile settin"
aside the enalt! imosed in
both cases have held that a
erson aointed directl! to a
hi"her ost, service, "rade or
time4scale of a! cannot be
reduced b! )a! of unishment
to a ost in a lo)er time scale,
"rade, service or to ost )hich
he never held before.
'. The rulin"s "iven b! the
Sureme Court in the above
cases ma! be #et in vie) b! all
discilinar! authorities )hile
decidin" cases in future.
9o)ever, ast cases need not
be reoened in the li"ht of the
aforesaid ,ud"ment.
11(15H5HEE4Cstts. Bated
(5.(5.E9I
(" )ena%:& o9 7ed18:ion :o a
%o=e7 s:aAe in :;e :i@e
s8a%e o9 <a& 9o7 a <e7iod
no: e68eedinA :;7ee
&ea7s =i:;o1: 81@1%a:i?e
eLe8: and no: ad?e7se%&
aLe8:inA ;is <ension.
& ne) clause (iii a) )as inserted
in Rule 11 of CCS (CC&) Rules,
1963 vide this Beartment7s
noti0cation :o. 11(15H4HE64Cstt.
(&) dated 1'.(D.199(. &s a
result, reduction to a lo)er
sta"e in the time scale of a!
for a eriod not e6ceedin" three
!ears, )ithout cumulative e.ect
and not adversel! a.ectin" the
ension of the Government
servant )ho has been unished,
)as introduced as another
minor enalt!.
5. & doubt has been raised that
the minor enalt! introduced
vide clause (iii a) is also covered
under clause (v) of Rule 11 and,
therefore, can in some
Note 4.1 4.! 196
circumstances be treated as a
ma,or enalt!. %t is clari0ed that
since the enalt! to the e6tent
mentioned in clause (iiia) of
Rule 11 has been carved out of
clause (v) of Rule 11
seci0call!, it does not
constitute a ma,or enalt!
under clause (v) of Rule 11. To
ensure that this is clear, clause
(v) of Rule 11 is bein" amended
and a noti0cation is bein"
issued searatel!.
11(15H4HE64Cstt.(&) dated
5E.(3.95I
(13 A8:ion aAains:
Go?e7n@en: se7?an:s :o
>e :aBen i9 :;e& a7e %a:e7
9o1nd ine%iAi>%e o7
1nD1a%iCed 9o7 :;ei7
ini:ia% 7e871i:@en: 4
&ttention of the
8inistriesHBeartments is
invited to 8inistr! of 9ome
&.airs G8 :o. '9H1H6D4Csts.(&)
dated 51.(5.196D )herein it
)as clari0ed that deartmental
action can be ta#en a"ainst
Government servant in resect
of misconduct committed before
his emlo!ment. &ttention is
also invited to the 8inistr! of
9ome &.airs G8 :o. 3H1H6'4
Cstt. (B) dated '(.(4.1963
)herein 8inistriesHBeartments
)ere re1uested to ma#e use of
the rovision of A)arnin"7
inserted in the &ttestation =orm
for ta#in" action a"ainst
Government servant furnishin"
false information at the time of
aointment.
5. & 1uestion has no) arisen as
to )hether a Government
Servant can be dischar"ed from
service )here it is discovered
later that the Government
servant )as not 1uali0ed or
eli"ible for his initial recruitment
in service. The Sureme Court
in its ,ud"ment in the Bistrict
Collector, Qi2iana"ram vs. 8.
Triura Sundari Bevi (199((4)
S-R 5'D )ent into this issue and
observed as under ?4
+%t must further be reali2ed b!
all concerned that )hen an
advertisement mentions a
articular 1uali0cation and an
aointment is made in
disre"ard of the same, it is not a
matter onl! bet)een the
aointin" authorit! and the
aointee concerned. The
a""rieved are all those )ho had
similar or better 1uali0cations
than the aointee or
aointees but )ho had not
alied for the ost because
the! did not ossess the
1uali0cations mentioned in the
advertisement. %t amounts to a
fraud on ublic to aoint a
erson )ith inferior
1uali0cations in such
circumstances unless it is
clearl! stated that the
1uali0cations are rela6able. :o
Court should be a art! to the
eretuation of the fraudulent
ractice./
The matter has been e6amined
in consultation )ith the 8inistr!
of -a) and Kustice and it has
no) been decided that
Note 4.1 4.! 19D
)herever it is found that a
Government servant, )ho )as
not 1uali0ed or eli"ible in terms
of the recruitment rules etc, for
initial recruitment in service or
had furnished false information
or roduced a false certi0cate in
order to secure aointment, he
should not be retained in
service. %f he is a robationer or
a temorar! Government
servant, he should be
dischar"ed or his services
should be terminated. %f he has
become a ermanent
Government servant, an in1uir!
as rescribed in Rule 14 of CCS
(CC&) Rules, 1963 ma! be held
and if the char"es are roved,
the Government servant should
be removed or dismissed from
service. %n no circumstances
should an! other enalt! be
imosed.
'. Such dischar"e, termination,
removal or dismissal from
service )ould, ho)ever, be
)ithout re,udice to the ri"ht of
the Government to rosecute
such Government servants.
G8 :o. 11(15HDH914Cstt. (&)
dated 19.(3.199'I
(11 R1%e 11 (iii o9 :;e CCS
(CCA R1%es! 1"#- O
Re8o?e7& o9 <e81nia7&
%oss 8a1sed >& a
Go?e7n@en: se7?an: O
C%a7iC8a:ions O
References are bein" received
in this Beartment see#in"
clari0cation )hether the
instructions contained in BG>JT
-etter :o. 'H'15HD(4Bisc4% dated
1D.(E.19D1 are alicable to
Government servants servin" in
other 8inistriesHBeartments
also.
5. The BG>JT7s instructions
mentioned above rovide that
recover! from the a! of a
Government servant as a
unishment for an! ecuniar!
loss caused b! him to the
Government b! ne"li"ence or
breach of orders, should not
e6ceed 1H' of his basic a! (i.e.
e6cludin" dearness a! or an!
other allo)ances) and should
not be sread over a eriod of
more than three !ears.
9o)ever, no such limits have
been rescribed in the statutor!
rules i.e. in Rule 11 (iii) of the
CCS (CC&) Rules, 1963.
'. The matter has been
e6amined in consultation )ith
the 8inistr! of -a). %t )as
observed that the BG>JT
instructions rescribed the
rocedure to e.ect the recover!
of the amount levied as enalt!
in terms of Rule 11 (iii) of the
CCS (CC&) Rules, 1963 and
these rocedural instructions
cannot amend, suercede, or
modif! the substantive
rovisions of Rule 11 (iii) of the
CCS (CC&) Rules, 1963. Mhile it
is e6ected that in imosin" the
enalt! of recover! of ecuniar!
loss the discilinar! authorit!
should not disla! such severit!
that a Government servant
su.ers hardshi
disroortionate to his
Note 4.1 4.! 19E
ne"li"enceHmisconduct that led
to the loss, it is not necessar! to
06 a ri"id limit for the urose
of such recover!. The BG>JT
instructions )ould, therefore, be
treated as un)arranted.
Therefore, the imlication of
this G8 is to recover the entire
loss from the delin1uent o$cial
but the recover! ma! be sread
over till entire loss is
discovered.
G8 :o. 11(15H1H5(((4Cstt. (&),
dated 6
th
Setember, 5(((I
(1&) Imposition of pena!t% of
reduction to a !ower time sca!e of
pa%' grade' post or service
$"ause (vi* of ru"e ,, of the $entra" $ivi"
.ervices ($"assification, $ontro" and
/ppea"* #u"es, ,0)1 provides for the
imposition on a 2overnment servant of
a pena"ty of reduction to "o!er time
sca"e of pay, grade, post or .ervice
!hich sha"" ordinari"y be a bar to the
promotion of the 2overnment servant to
the time'sca"e of pay, grade, post or
.ervice from !hich he !as reduced,
!ith or !ithout further directions
regarding conditions of restoration to the
grade or post or service from !hich the
2overnment servant !as reduced, and
his seniority and pay on such
restoration to that grade, post or
.ervice.
2. The .taff side of the %ationa"
$ounci" (J$M* has made a re7uest that
the pena"ty of reduction to "o!er time
sca"e of pay in the said c"ause (vi*
shou"d not be imposed on the $harged
Officer on a permanent basis on the
ground that it is harsh and does not
a""o! the emp"oyee to be promoted to
the ne5t grade even if he improves his
!or?ing and the $ompetent /uthority
"ater finds him fit for promotion. The
.taff .ide has suggested that the
pena"ty in 7uestion shou"d be for a
specified time'period !ith c"ear
directions regarding restoration to the
higher grade.
&. The e5isting ru"e position is that
the imposition of the pena"ty of reduction
to a "o!er grade, post or service is
norma""y a bar to the promotion to a
higher grade, post or service (from
!hich he !as reduced* un"ess the
conditions of restoration are specified. 4t
is open to the Discip"inary /uthority to
prescribe the conditions of restoration to
the higher grade in deserving cases.
. The minor pena"ties and maBor
pena"ties in ru"e ,, of the $$. ($$/*
#u"es, ,0)1 have been graded in order
of the severity to be a!arded to a
charged 2overnment servant in
proportion to the gravity of
misconduct6neg"igence !hich has given
rise to the charge'sheet. >hi"e the
maBor pena"ties of compu"sory
retirement, remova" from service and
dismissa" from service have been
inc"uded as c"auses (vii*, (viii* and (i5* of
the said ru"e ,,, the pena"ty reduction to
a "o!er time sca"e of pay, grade, post or
.ervice has been incorporated therein
as c"ause (vi*. This c"ause a"so provides
that !hi"e imposing this pena"ty, the
Discip"inary /uthority or the
/ppe""ate6#evision /uthority is a"so
re7uired to indicate in the pena"ty order
!hether or not the individua" charged
2overnment servant !ou"d be e"igib"e
for restoration to the grade6post or
Note 4.1 4.! 199
.ervice from !hich he !as reduced and
his seniority and pay on such restoration
and the conditions for such restoration.
4t !i"", therefore, be seen that the
pena"ty has been provided to be
a!arded to an individua" !ho may not
be sent out of 2overnment service
(through dismissa"6remova" etc.* but !ho
needs to be given a very severe pena"ty
in vie! of the gravity of his misconduct.
1. /ttention in this connection is
a"so invited to the 2overnment of 4ndia,
M</ O.M. %o. 06,&602':stt.(D* dated
,0.,0.,0)2 and %o. 06&06)&':stt. (D*
dated 07.02.,0) !hich stipu"ates that
an order imposing the pena"ty of
reduction to a "o!er service, grade or
post or to a "o!er time'sca"e shou"d
invariab"y specify the period of reduction
un"ess the c"ear intention is that the
reduction shou"d be permanent or for an
indefinite period. These instructions
a"so indicate the manner in !hich the
order shou"d be framed !hen the
reduction is for specified period of
indefinite period. 4n case the intention of
the $ompetent /uthority is to a!ard the
pena"ty of reduction on permanent
basis, the same may be specifica""y
stated in the order so that the intention
is conveyed to the 2overnment servant
in unambiguous terms and he is
afforded fu"" opportunity for submission
of his appea" as provided in the ru"es.
8DO9T OM %o. ,,0,26262001':stt. (/*,
dated ,
th
May, 2007;
12. Dis8i<%ina7&
A1:;o7i:ies
(1 T;e )7esiden: @a&
i@<ose an& o9 :;e
R1%e 11 on an&
Go?e7n@en: se7?an:.
(2 Wi:;o1: <7eG1di8e :o :;e
<7o?isions o9 s1>$71%e
(1! >1: s1>Ge8: :o :;e
(4! an& o9 :;e <ena%:ies
s<e8iCed in R1%e 11 @a&
>e i@<osed on $
(a a @e@>e7 o9 a Cen:7a%
Ci?i% Se7?i8e o:;e7 :;an
:;e Gene7a% Cen:7a%
Se7?i8e! >& :;e
a<<oin:inA a1:;o7i:& o7
:;e a1:;o7i:& s<e8iCed in
:;e s8;ed1%e in :;is
>e;a%9 o7 >& an& o:;e7
a1:;o7i:& e@<o=e7ed in
:;is >e;a%9 >& a Aene7a%
o7 s<e8ia% o7de7 o9 :;e
)7esiden:F
(> a <e7son a<<oin:ed :o
a Cen:7a% Ci?i% )os:
in8%1ded in :;e Gene7a%
Cen:7a% Se7?i8e! >& :;e
a1:;o7i:& s<e8iCed in :;is
>e;a%9 >& a Aene7a% o7
s<e8ia% o7de7 o9 :;e
)7esiden: o7! =;e7e no
s18; o7de7 ;as >een
@ade! >& :;e a<<oin:inA
a1:;o7i:& o7 :;e a1:;o7i:&
s<e8iCed in :;e S8;ed1%e
in :;is >e;a%9.
(, S1>Ge8: :o :;e
(4! :;e <o=e7 :o i@<ose
an& o9 :;e <ena%:ies
s<e8iCed in R1%e 11 @a&
a%so >e e6e78ised! in :;e
Note 4.1 4.! 5((
8ase o9 a @e@>e7 o9 a
Cen:7a% Ci?i% Se7?i8es!
G7o1< NCK (o:;e7 :;an :;e
Cen:7a% Se87e:a7ia:
C%e7i8a% Se7?i8e! o7 a
Cen:7a% Ci?i% Se7?i8e!
G7o1< NDK !$
(a i9 ;e is se7?inA in a
4inis:7& o7 De<a7:@en:
o9 :;e Go?e7n@en: o9
India! >& :;e Se87e:a7& :o
:;e Go?e7n@en: o9 India
in :;a: 4inis:7& o7
De<a7:@en:! o7
(> i9 ;e is se7?inA in an&
oI8e! >& :;e ;ead o9
:;a: oI8e! e68e<: =;e7e
:;e ;ead o9 :;a: oI8e is
%o=e7 in 7anB :;an :;e
a1:;o7i:& 8o@<e:en: :o
i@<ose :;e <ena%:& 1nde7
s1>$71%e (2.
(4 No:=i:;s:andinA
:;is 71%e $
(a e68e<: =;e7e :;e <ena%:&
s<e8iCed in 8%a1se (? o7
8%a1se (?i o9 R1%e 11 is
i@<osed >& :;e
Co@<:7o%%e7 and A1di:o7$
Gene7a% on a @e@>e7 o9
:;e Indian A1di: and
A88o1n:s Se7?i8e! no
<ena%:& s<e8iCed in
8%a1se (? :o (i6 o9 :;a:
71%e s;a%% >e i@<osed >&
an& a1:;o7i:&
s1>o7dina:e :o :;e
a<<oin:inA a1:;o7i:&F
(> =;e7e a Go?e7n@en:
se7?an: =;o is a @e@>e7
o9 a Se7?i8e o:;e7 :;an
:;e Gene7a% Cen:7a%
Se7?i8e o7 =;o ;as >een
s1>s:an:i?e%& a<<oin:ed
:o an& 8i?i% <os: in :;e
Gene7a% Cen:7a% Se7?i8e!
is :e@<o7a7i%& a<<oin:ed
:o an& o:;e7 Se7?i8e o7
<os:! :;e a1:;o7i:&
8o@<e:en: :o i@<ose on
s18; Go?e7n@en: se7?an:
an& o9 :;e <ena%:ies
s<e8iCed in 8%a1ses (? :o
(i6 o9 R1%e 11 s;a%% no:
i@<ose an& s18;
<ena%:ies 1n%ess i: ;as
8ons1%:ed s18; a1:;o7i:&!
no: >einA an a1:;o7i:&
s1>o7dina:e :o i:! as
=o1%d ;a?e >een
8o@<e:en: 1nde7 s1>$
71%e (2 :o i@<ose on :;e
Go?e7n@en: se7?an: an&
o9 :;e said <ena%:ies ;ad
;e no: >een a<<oin:ed :o
s18; o:;e7 Se7?i8e o7
<os:F
(8 in 7es<e8: o9 a
<7o>a:ione7 1nde7AoinA
:7aininA a: :;e La%
Ba;ad17 S;as:7i Na:iona%
A8ade@& o9
Ad@inis:7a:ion! :;e
Di7e8:o7 o9 :;e said
A8ade@& s;a%% >e :;e
a1:;o7i:& 8o@<e:en: :o
i@<ose on s18;
<7o>a:ione7 an& o9 :;e
8%a1ses (i and (iii o9 71%e
11 a9:e7 o>se7?inA :;e
Note 4.1 4.! 5(1
<7o8ed17e %aid do=n in
71%e 1#.
E()LANATION I. *o7 :;e
<17<oses o9 8%a1se (8!
J<7o>a:ione7J @eans a <e7son
a<<oin:ed :o a Cen:7a% Ci?i%
Se7?i8e on <7o>a:ion.
E()LANATION II. W;e7e a
Go?e7n@en: se7?an: >e%onAinA
:o a Se7?i8e o7 ;o%dinA a
Cen:7a% Ci?i% <os: o9 an& G7o1<!
is <7o@o:ed! =;e:;e7 on
<7o>a:ion o7 :e@<o7a7i%& :o :;e
Se7?i8e o7 Cen:7a% Ci?i% <os: o9
:;e ne6: ;iA;e7 G7o1<! ;e s;a%%
>e dee@ed 9o7 :;e <17<oses o9
:;is 71%e :o >e%onA :o :;e
Se7?i8e o9! o7 ;o%d :;e Cen:7a%
Ci?i% <os: o9! s18; ;iA;e7
G7o1<.
de8ision :
(1OI8e7s <e79o7@inA
8177en: d1:ies o9 a <os:
8anno: e6e78ise S:a:1:o7&
<o=e7s 1nde7 :;e R1%es :$
&n o$cer aointed to erform
the current duties of an
aointment can e6ercise
administrative or 0nancial
o)er vested in the full4Led"ed
incumbent of the ost but he
cannot e6ercise statutor!
o)ers, )hether those o)ers
are derived direct from an &ct of
>arliament (e.". %ncome Ta6 &ct)
or Rules, Re"ulations and <!e4
-a)s made under various
&rticles of the Constitution (e.".,
=undamental Rules,
Classi0cation, Control and
&eal Rules, Civil Service
Re"ulations, Bele"ation of
=inancial >o)ers Rules etc.)
F89& G8 :o. DH14H614Csts. (&)
dated 54
th
Kanuar!, 196'I.
(2)o=e7s de%eAa:ed :o
C;ie9 Co@@issione7!
Anda@an 5 Ni8o>a7
Is%ands :$
%n ursuance of sub4rule (5) of
rule 15 of the Central Civil
and &eal) Rules, 1963 the
>resident emo)ers under
clause (a) of, and seci0es
under clause (b) of, that sub4
rule the Chief Commissioner,
&ndaman and :icobar %slands,
for the urose of imosition of
the enalties seci0ed in clause
(i), clause (ii) and clause (iii) of
rule 11 of the said rules on ?4
(a) an! member of Central Civil
Service Class %, other than
the General Central Service.
(b) an! erson aointed to a
Central Civil >ost Class %
included in the General
Central Service servin"
under the &ndaman and
:icobar %slands
&dministration.
F89& 8emo :o. =.DH16H644Csts.
(&) dated the '(
th
ma!, 1964I.
(, C%a7iC8a:ion a>o1:
71%es 12! 14 e:8.
Several oints relatin" to rules
15, 14, 13 and 59 of CCS (CC&)
Rules, 1963, are bein"
fre1uentl! referred to 9ome
Note 4.1 4.! 5(5
8inistr! for clari0cation. These
oints are indicated belo) and
the clari0cation "iven a"ainst
each.
)oin:s 7aised C%assiC8a:ion
(a) %n cases )here the
discilinar! authorit! is the
>resident, )hether the case
should be sho)n to the
8inister before discilinar!
roceedin"s are initiated.
(a) 9avin" re"ard to the Transaction of
<usiness Rules, it is necessar! that in
cases )here the discilinar! authorit! is
the >resident, the initiation of the
discilinar! roceedin"s should be
aroved b! the 8inister.
(b) Mhether it is necessar! to
sho) the 0le to the 8inister
ever! time before formal
orders are issued in the name
of the >resident, under Rules
14 (5), 14(4), 14(3) etc. of the
CCS (CC&) RulesW
(b) %t )ould be su$cient if 8inister7s
orders are obtained for ta#in" action
ancilliar! to the issue of the char"e
sheet at the sta"e )hen the aers are
ut u to him for initiation of discilinar!
roceedin"s. 9o)ever formal orders of
the 8inister should be obtained at the
sta"e of sho) cause notice under Rule
13 (4) (i) (b) and at the sta"e of issuin"
0nal orders imosin" enalt! under Rule
13 (4) (iii).
Mhat haens to the
started b! a discilinar!
authorit! (&) in resect of a
Government servant )hen the
latter is transferred to the
,urisdiction of another
discilinar! authorit! (<) even
thou"h the said Government
servant continues to be in the
same serviceW
%n such cases it is not necessar! for
discilinar! authorit! (<) to start de novo
roceedin"s b! framin" and deliverin"
fresh articles of char"e to the concerned
o$cial. 9e can carr! on )ith the
en1uir! roceedin"s at the oint )here
the transfer of the accused G$cer )as
e.ected. %f, ho)ever, the accused
o$cial is transferred to another service
then the rocedure laid do)n in Rule 15
(4) (b) of the CCS (CC&) Rules )ill have
to be follo)ed.
F89& 8emo :o. =.'9H1H694Csts.
(&) dated the 16
th
&ril, 1969I
1,. A1:;o7i:& :o
ins:i:1:e <7o8eedinAs
(1 T;e )7esiden: o7 an&
o:;e7 a1:;o7i:&
e@<o=e7ed >& ;i@ >&
Aene7a% o7 s<e8ia% o7de7
@a& $
(a ins:i:1:e dis8i<%ina7&
<7o8eedinAs aAains: an&
Go?e7n@en: se7?an:F
(> di7e8: a dis8i<%ina7&
a1:;o7i:& :o ins:i:1:e
aAains: an& Go?e7n@en:
se7?an: on =;o@ :;a:
dis8i<%ina7& a1:;o7i:& is
8o@<e:en: :o i@<ose
1nde7 :;ese 71%es an& o9
:;e <ena%:ies s<e8iCed in
71%e 11.
(2 A dis8i<%ina7& a1:;o7i:&
8o@<e:en: 1nde7 :;ese
71%es :o i@<ose an& o9
8%a1ses (i :o (i? o9 71%e
11 @a& ins:i:1:e
aAains: an& Go?e7n@en:
se7?an: 9o7 :;e
i@<osi:ion o9 an& o9 :;e
8%a1ses (? :o (i6 o9 71%e
11 no:=i:;s:andinA :;a:
s18; dis8i<%ina7&
a1:;o7i:& is no:
8o@<e:en: 1nde7 :;ese
71%es :o i@<ose an& o9
:;e %a::e7 <ena%:ies.
>&RT Q%
)ROCEDURE *OR
I4)OSING )ENALTIES
Note 4.1 4.! 5('
14. )7o8ed17e 9o7
i@<osinA @aGo7
<ena%:ies
(1 No o7de7 i@<osinA an&
o9 :;e <ena%:ies s<e8iCed
in 8%a1ses (? :o (i6 o9
R1%e 11 s;a%% >e @ade
e68e<: a9:e7 an inD1i7&
;e%d! as 9a7 as @a& >e! in
:;e @anne7 <7o?ided in
:;is 71%e and 71%e 1-! o7
in :;e @anne7 <7o?ided
>& :;e )1>%i8 Se7?an:s
(InD1i7ies A8:! 1/-3 (,.
o9 1/-3! =;e7e s18;
inD1i7& is ;e%d 1nde7 :;a:
A8:.
(2 W;ene?e7 :;e
o9 :;e o<inion :;a: :;e7e
a7e A7o1nds 9o7 inD1i7inA
in:o :;e :71:; o9 an&
i@<1:a:ion o9 @is8ond18:
o7 @is>e;a?io17 aAains:
a Go?e7n@en: se7?an:! i:
@a& i:se%9 inD1i7e in:o! o7
a<<oin: 1nde7 :;is 71%e o7
1nde7 :;e <7o?isions o9
:;e )1>%i8 Se7?an:s
(InD1i7ies A8:! 1/-3! as
:;e 8ase @a& >e! an
a1:;o7i:& :o inD1i7e in:o
:;e :71:; :;e7eo9.
)7o?ided :;a: =;e7e
:;e7e is a 8o@<%ain: o9
se61a% ;a7ass@en: =i:;in
:;e @eaninA o9 71%e , C
o9 :;e Cen:7a% Ci?i%
Se7?i8es (Cond18: R1%es!
1"#4! :;e 8o@<%ain:s
Co@@i::ee es:a>%is;ed in
ea8; @inis:7& o7
De<a7:@en: o7 OI8e 9o7
inD1i7inA in:o s18;
8o@<%ain:s! s;a%% >e
dee@ed :o >e :;e
inD1i7inA a1:;o7i:&
a<<oin:ed >& :;e
dis8i<%ina7& a1:;o7i:& 9o7
:;e <17<ose o9 :;ese
71%es and :;e Co@<%ain:s
Co@@i::ee s;a%% ;o%d! i9
se<a7a:e <7o8ed17e ;as
no: >een <7es87i>ed 9o7
:;e 8o@<%ain:s
8o@@i::ee 9o7 ;o%dinA
:;e inD1i7& in:o :;e
8o@<%ain:s o9 se61a%
;a7ass@en:s! :;e inD1i7&
as 9a7 as <7a8:i8a>%e in
a88o7dan8e =i:; :;e
<7o8ed17e %aid do=n in
:;ese 71%es.
E()LANATION $ W;e7e :;e
dis8i<%ina7& a1:;o7i:& i:se%9
;o%ds :;e inD1i7&! an&
7e9e7en8e in s1>$71%e (. :o
s1>$71%e (23 and in s1>$71%e
(22 :o :;e inD1i7inA a1:;o7i:&
s;a%% >e 8ons:71ed as a
7e9e7en8e :o :;e dis8i<%ina7&
a1:;o7i:&.
(, W;e7e i: is <7o<osed
:o ;o%d an inD1i7& aAains:
a Go?e7n@en: se7?an:
1nde7 :;is 71%e and 71%e
1-! :;e dis8i<%ina7&
a1:;o7i:& s;a%% d7a= 1<
o7 8a1se :o >e d7a=n 1<$
(i :;e s1>s:an8e o9 :;e
i@<1:a:ions o9
@is8ond18: o7
Note 4.1 4.! 5(4
@is>e;a?io17 in:o
deCni:e and dis:in8:
a7:i8%es o9 8;a7AeF
(ii a s:a:e@en: o9 :;e
i@<1:a:ions o9
@is8ond18: o7
@is>e;a?io17 in s1<<o7:
o9 ea8; a7:i8%e o9 8;a7Ae!
=;i8; s;a%% 8on:ain$
(a a s:a:e@en: o9 a%%
7e%e?an: 9a8:s in8%1dinA
an& ad@ission o7
8on9ession @ade >& :;e
Go?e7n@en: se7?an:F
(> a %is: o9 do81@en:s >&
=;i8;! and a %is: o9
=i:nesses >& =;o@! :;e
a7:i8%es o9 8;a7Ae a7e
<7o<osed :o >e
s1s:ained.
(4 T;e dis8i<%ina7& a1:;o7i:&
s;a%% de%i?e7 o7 8a1se :o
>e de%i?e7ed :o :;e
Go?e7n@en: se7?an: a
8o<& o9 :;e a7:i8%es o9
8;a7Ae! :;e s:a:e@en: o9
:;e i@<1:a:ions o9
@is8ond18: o7
@is>e;a?io17 and a %is:
o9 do81@en:s and
=i:nesses >& =;i8; ea8;
a7:i8%e o9 8;a7Aes is
<7o<osed :o >e s1s:ained
and s;a%% 7eD1i7e :;e
s1>@i:! =i:;in s18; :i@e
as @a& >e s<e8iCed! a
=7i::en s:a:e@en: o9 ;is
de9en8e and :o s:a:e
=;e:;e7 ;e desi7es :o >e
;ea7d in <e7son.
(-(a On 7e8ei<: o9 :;e =7i::en
s:a:e@en: o9 de9en8e!
@a& i:se%9 inD1i7e in:o
s18; o9 :;e a7:i8%es o9
8;a7Ae as a7e no:
ad@i::ed! o7! i9 i:
8onside7s i: ne8essa7& so
:o do! a<<oin:! 1nde7
s1>$71%e (2! an inD1i7inA
a1:;o7i:& 9o7 :;e
<17<ose! and =;e7e a%%
:;e a7:i8%es o9 8;a7Ae
;a?e >een ad@i::ed >&
in ;is =7i::en s:a:e@en:
o9 de9en8e! :;e
s;a%% 7e8o7d i:s CndinAs
on ea8; 8;a7Ae a9:e7
:aBinA s18; e?iden8e as
i: @a& :;inB C: and s;a%%
a8: in :;e @anne7 %aid
do=n in 71%e 1-.
(> I9 no =7i::en s:a:e@en:
o9 de9en8e is s1>@i::ed
>& :;e Go?e7n@en:
se7?an:! :;e dis8i<%ina7&
a1:;o7i:& @a& i:se%9
inD1i7e in:o :;e a7:i8%es
o9 8;a7Ae! o7 @a&! i9 i:
8onside7s i: ne8essa7& :o
do so! a<<oin:! 1nde7
s1>$71%e (2! an inD1i7inA
a1:;o7i:& 9o7 :;e
<17<ose.
(8 W;e7e :;e dis8i<%ina7&
a1:;o7i:& i:se%9 inD1i7es
in:o an& a7:i8%e o9 8;a7Ae
Note 4.1 4.! 5(3
o7 a<<oin:s an inD1i7inA
a1:;o7i:& 9o7 ;o%dinA an
inD1i7& in:o s18; 8;a7Ae!
i: @a&! >& an o7de7!
a<<oin: a Go?e7n@en:
se7?an: o7 a %eAa%
<7a8:i:ione7! :o >e Bno=n
as :;e E)7esen:inA
OI8e7E :o <7esen: on i:s
>e;a%9 :;e 8ase in
s1<<o7: o9 :;e a7:i8%es o9
8;a7Ae.
(# T;e dis8i<%ina7&
a1:;o7i:& s;a%%! =;e7e i:
is no: :;e inD1i7inA
a1:;o7i:&! 9o7=a7d :o :;e
inD1i7inA a1:;o7i:&$
(i a 8o<& o9 :;e a7:i8%es
o9 8;a7Ae and :;e
s:a:e@en: o9 :;e
i@<1:a:ions o9
@is8ond18: o7
@is>e;a?io17F
(ii a 8o<& o9 :;e =7i::en
s:a:e@en: o9 :;e
de9en8e! i9 an&!
s1>@i::ed >& :;e
Go?e7n@en: se7?an:F
(iii a 8o<& o9 :;e
s:a:e@en:s o9 =i:nesses!
i9 an&! 7e9e77ed :o in s1>$
71%e (,F
(i? e?iden8e <7o?inA :;e
de%i?e7& o9 :;e
do81@en:s 7e9e77ed :o in
s1>$71%e (, :o :;e
Go?e7n@en: se7?an:F and
(? a 8o<& o9 :;e o7de7
a<<oin:inA :;e
E)7esen:inA OI8e7E.
(. T;e Go?e7n@en:
se7?an: s;a%% a<<ea7 in
<e7son >e9o7e :;e
inD1i7inA a1:;o7i:& on
s18; da& and a: s18;
:i@e =i:;in :en =o7BinA
da&s 97o@ :;e da:e o9
7e8ei<: >& :;e inD1i7inA
a1:;o7i:& o9 :;e a7:i8%es
o9 8;a7Ae and :;e
s:a:e@en: o9 :;e
i@<1:a:ions o9
@is8ond18: o7
@is>e;a?io17! as :;e
inD1i7inA a1:;o7i:& @a&!
>& no:i8e in =7i:inA!
s<e8i9&! in :;is >e;a%9! o7
=i:;in s18; 917:;e7 :i@e!
no: e68eedinA :en da&s!
as :;e inD1i7inA a1:;o7i:&
@a& a%%o=.
(/(a T;e Go?e7n@en: se7?an:
@a& :aBe :;e assis:an8e
o9 an& o:;e7 Go?e7n@en:
se7?an: <os:ed in an&
oI8e ei:;e7 a: ;is
;eadD1a7:e7s o7 a: :;e
<%a8e =;e7e :;e inD1i7&
is ;e%d! :o <7esen: :;e
8ase on ;is >e;a%9! >1:
@a& no: enAaAe a %eAa%
<7a8:i:ione7 9o7 :;e
<17<ose! 1n%ess :;e
)7esen:inA OI8e7
a<<oin:ed >& :;e
dis8i<%ina7& a1:;o7i:& is a
%eAa% <7a8:i:ione7! o7! :;e
dis8i<%ina7& a1:;o7i:&!
;a?inA 7eAa7d :o :;e
Note 4.1 4.! 5(6
8i781@s:an8es o9 :;e
8ase! so <e7@i:s F
)7o?ided :;a: :;e Go?e7n@en:
se7?an: @a& :aBe :;e
assis:an8e o9 an& o:;e7
Go?e7n@en: se7?an: <os:ed a:
an& o:;e7 s:a:ion! i9 :;e
inD1i7inA a1:;o7i:& ;a?inA
7eAa7d :o :;e 8i781@s:an8es o9
:;e 8ase! and 9o7 7easons :o >e
7e8o7ded in =7i:inA! so <e7@i:s.
No:e : T;e Go?e7n@en:
se7?an: s;a%% no: :aBe :;e
assis:an8e o9 an& o:;e7
Go?e7n@en: se7?an: =;o ;as
:;7ee <endinA dis8i<%ina7&
8ases on ;and in =;i8; ;e ;as
:o Ai?e assis:an8e.
(b) The Government servant
ma! also ta#e the assistance
of a retired Government
servant to resent the case
on his behalf, sub,ect to
such conditions as ma! be
seci0ed b! the >resident
from time to time b! "eneral
or secial order in this
behalf.
(" I9 :;e Go?e7n@en:
se7?an: =;o ;as no:
ad@i::ed an& o9 :;e
a7:i8%es o9 8;a7Ae in ;is
=7i::en s:a:e@en: o9
de9en8e o7 ;as no:
s1>@i::ed an& =7i::en
s:a:e@en: o9 de9en8e!
a<<ea7s >e9o7e :;e
inD1i7inA a1:;o7i:&! s18;
a1:;o7i:& s;a%% asB ;i@
=;e:;e7 ;e is A1i%:& o7
;as an& de9en8e :o @aBe
and i: ;e <%eads A1i%:& :o
an& o9 :;e a7:i8%es o9
8;a7Ae! :;e inD1i7inA
a1:;o7i:& s;a%% 7e8o7d :;e
<%ea! siAn :;e 7e8o7d and
o>:ain :;e siAna:17e o9
:;e7eon.
(13 T;e inD1i7inA a1:;o7i:&
s;a%% 7e:17n a CndinA o9
A1i%: in 7es<e8: o9 :;ose
a7:i8%es o9 8;a7Ae :o
=;i8; :;e Ao?e7n@en:
se7?an: <%eads A1i%:&.
s;a%%! i9 :;e Go?e7n@en:
se7?an: 9ai%s :o a<<ea7
=i:;in :;e s<e8iCed :i@e
o7 7e91ses o7 o@i:s :o
<%ead! 7eD1i7e :;e
)7esen:inA OI8e7 :o
<7od18e :;e e?iden8e >&
=;i8; ;e <7o<oses :o
<7o?e :;e a7:i8%es o9
8;a7Ae! and s;a%% adGo17n
:;e 8ase :o a %a:e7 da:e
no: e68eedinA :;i7:&
da&s! a9:e7 7e8o7dinA an
o7de7 :;a: :;e
Go?e7n@en: se7?an: @a&!
9o7 :;e <17<ose o9
<7e<a7inA ;is de9en8e :
Note 4.1 4.! 5(D
(i ins<e8: =i:;in C?e
da&s o9 :;e o7de7 o7
=i:;in s18; 917:;e7 :i@e
no: e68eedinA C?e da&s
@a& a%%o=! :;e
do81@en:s s<e8iCed in
:;e %is: 7e9e77ed :o in
s1>$71%e (,F
(ii s1>@i: a %is: o9
=i:nesses :o >e
e6a@ined on ;is >e;a%9F
NOTE$
I9 :;e Go?e7n@en: se7?an:
a<<%ies o7a%%& o7 in =7i:inA 9o7
:;e s1<<%& o9 8o<ies o9 :;e
s:a:e@en:s o9 =i:nesses
@en:ioned in :;e %is: 7e9e77ed
:o in s1>$71%e (,! :;e inD1i7inA
a1:;o7i:& s;a%% 917nis; ;i@ =i:;
s18; 8o<ies as ea7%& as
<ossi>%e and in an& 8ase no:
%a:e7 :;an :;7ee da&s >e9o7e
:;e 8o@@en8e@en: o9 :;e
e6a@ina:ion o9 :;e =i:nesses
on >e;a%9 o9 :;e dis8i<%ina7&
a1:;o7i:&.
(iii Ai?e a no:i8e =i:;in
:en da&s o9 :;e o7de7 o7
=i:;in s18; 917:;e7 :i@e
no: e68eedinA :en da&s
@a& a%%o=! 9o7 :;e
dis8o?e7& o7 <7od18:ion
o9 an& do81@en:s =;i8;
a7e in :;e <ossession o9
Go?e7n@en: >1: no:
@en:ioned in :;e %is:
7e9e77ed :o in s1>$71%e
(,.
NOTE$
T;e Go?e7n@en: se7?an: s;a%%
indi8a:e :;e 7e%e?an8e o9 :;e
do81@en:s 7eD1i7ed >& ;i@ :o
>e dis8o?e7ed o7 <7od18ed >&
:;e Go?e7n@en:.
s;a%%! on 7e8ei<: o9 :;e
no:i8e 9o7 :;e dis8o?e7&
o7 <7od18:ion o9
do81@en:s! 9o7=a7d :;e
sa@e o7 8o<ies :;e7eo9 :o
:;e a1:;o7i:& in =;ose
81s:od& o7 <ossession
:;e do81@en:s a7e Be<:!
=i:; a 7eD1isi:ion 9o7 :;e
<7od18:ion o9 :;e
do81@en:s >& s18; da:e
as @a& >e s<e8iCed in
s18; 7eD1isi:ion :
)7o?ided :;a: :;e inD1i7inA
a1:;o7i:& @a&! 9o7 7easons :o
>e 7e8o7ded >& i: in =7i:inA!
7e91se :o 7eD1isi:ion s18; o9
:;e do81@en:s as a7e! in i:s
o<inion! no: 7e%e?an: :o :;e
8ase.
(1, On 7e8ei<: o9 :;e
7eD1isi:ion 7e9e77ed :o in
s1>$71%e (12! e?e7&
a1:;o7i:& ;a?inA :;e
81s:od& o7 <ossession o9
:;e 7eD1isi:ioned
do81@en:s s;a%% <7od18e
:;e sa@e >e9o7e :;e
inD1i7inA a1:;o7i:&:
)7o?ided :;a: i9 :;e a1:;o7i:&
;a?inA :;e 81s:od& o7
<ossession o9 :;e 7eD1isi:ioned
Note 4.1 4.! 5(E
do81@en:s is sa:isCed 9o7
7easons :o >e 7e8o7ded >& i: in
=7i:inA :;a: :;e <7od18:ion o9
a%% o7 an& o9 s18; do81@en:s
=o1%d >e aAains: :;e <1>%i8
in:e7es: o7 se817i:& o9 :;e
S:a:e! i: s;a%% in9o7@ :;e
inD1i7inA a1:;o7i:& a88o7dinA%&
and :;e inD1i7inA a1:;o7i:&
s;a%%! on >einA so in9o7@ed!
8o@@1ni8a:e :;e in9o7@a:ion
:o :;e Go?e7n@en: se7?an: and
=i:;d7a= :;e 7eD1isi:ion @ade
>& i: 9o7 :;e <7od18:ion o7
dis8o?e7& o9 s18; do81@en:s.
(14 On :;e da:e C6ed 9o7
:;e inD1i7&! :;e o7a% and
do81@en:a7& e?iden8e >&
=;i8; :;e a7:i8%es o9
8;a7Ae a7e <7o<osed :o
>e <7o?ed s;a%% >e
<7od18ed >& o7 on >e;a%9
o9 :;e dis8i<%ina7&
a1:;o7i:&. T;e =i:nesses
s;a%% >e e6a@ined >& o7
on >e;a%9 o9 :;e
)7esen:inA OI8e7 and
@a& >e 87oss$e6a@ined
>& o7 on >e;a%9 o9 :;e
Go?e7n@en: se7?an:.
T;e )7esen:inA OI8e7
s;a%% >e en:i:%ed :o 7e$
e6a@ine :;e =i:nesses
on an& <oin:s on =;i8;
:;e& ;a?e >een 87oss$
e6a@ined! >1: no: on an&
ne= @a::e7! =i:;o1: :;e
%ea?e o9 :;e inD1i7inA
a1:;o7i:&. T;e inD1i7inA
a1:;o7i:& @a& a%so <1:
s18; D1es:ions :o :;e
=i:nesses as i: :;inBs C:.
(1- I9 i: s;a%% a<<ea7
ne8essa7& >e9o7e :;e
8%ose o9 :;e 8ase on
>e;a%9 o9 :;e dis8i<%ina7&
a1:;o7i:&! :;e inD1i7inA
a1:;o7i:& @a&! in i:s
dis87e:ion! a%%o= :;e
)7esen:inA OI8e7 :o
<7od18e e?iden8e no:
in8%1ded in :;e %is: Ai?en
:o :;e Go?e7n@en:
se7?an: o7 @a& i:se%9 8a%%
9o7 ne= e?iden8e o7
7e8a%% and 7e$e6a@ine
an& =i:ness and in s18;
8ase :;e Go?e7n@en:
se7?an: s;a%% >e en:i:%ed
:o ;a?e! i9 ;e de@ands i:!
a 8o<& o9 :;e %is: o9
917:;e7 e?iden8e
<7o<osed :o >e <7od18ed
and an adGo17n@en: o9
:;e inD1i7& 9o7 :;7ee
8%ea7 da&s >e9o7e :;e
<7od18:ion o9 s18; ne=
e?iden8e! e68%1si?e o9
:;e da& o9 adGo17n@en:
and :;e da& :o =;i8; :;e
inD1i7& is adGo17ned. T;e
inD1i7inA a1:;o7i:& s;a%%
Ai?e :;e Go?e7n@en:
se7?an: an o<<o7:1ni:& o9
ins<e8:inA s18;
do81@en:s >e9o7e :;e&
a7e :aBen on :;e 7e8o7d.
T;e inD1i7inA a1:;o7i:&
@a& a%so a%%o= :;e
<7od18e ne= e?iden8e! i9
i: is o9 :;e o<inion :;a:
:;e <7od18:ion o9 s18;
e?iden8e is ne8essa7&! in
:;e in:e7es:s o9 G1s:i8e.
Note 4.1 4.! 5(9
NOTE.$ Ne= e?iden8e s;a%% no:
>e <e7@i::ed o7 8a%%ed 9o7 o7
an& =i:ness s;a%% no: >e
7e8a%%ed :o C%% 1< an& Aa< in
:;e e?iden8e. S18; e?iden8e
@a& >e 8a%%ed 9o7 on%& =;en
:;e7e is an in;e7en: %a81na o7
de9e8: in :;e e?iden8e =;i8;
;as >een <7od18ed o7iAina%%&.
(1# W;en :;e 8ase 9o7 :;e
8%osed! :;e Go?e7n@en:
se7?an: s;a%% >e 7eD1i7ed
:o s:a:e ;is de9en8e!
o7a%%& o7 in =7i:inA! as ;e
@a& <7e9e7. I9 :;e
de9en8e is @ade o7a%%&! i:
s;a%% >e 7e8o7ded and :;e
Go?e7n@en: se7?an:
s;a%% >e 7eD1i7ed :o siAn
:;e 7e8o7d. In ei:;e7
8ase! a 8o<& o9 :;e
s:a:e@en: o9 de9en8e
s;a%% >e Ai?en :o :;e
)7esen:inA OI8e7! i9 an&!
a<<oin:ed.
(1. T;e e?iden8e on >e;a%9
o9 :;e Go?e7n@en:
se7?an: s;a%% :;en >e
<7od18ed. T;e
Go?e7n@en: se7?an: @a&
e6a@ine ;i@se%9 in ;is
o=n >e;a%9 i9 ;e so
<7e9e7s. T;e =i:nesses
<7od18ed >& :;e
Go?e7n@en: se7?an:
s;a%% :;en >e e6a@ined
and s;a%% >e %ia>%e :o
87oss$e6a@ina:ion! 7e$
e6a@ina:ion and
e6a@ina:ion >& :;e
inD1i7inA a1:;o7i:&
a88o7dinA :o :;e
<7o?isions a<<%i8a>%e :o
:;e =i:nesses 9o7 :;e
dis8i<%ina7& a1:;o7i:&.
(1/ T;e inD1i7inA a1:;o7i:&
@a&! a9:e7 :;e
Go?e7n@en: se7?an:
8%oses ;is 8ase! and
s;a%%! i9 :;e Go?e7n@en:
se7?an: ;as no:
e6a@ined ;i@se%9!
Aene7a%%& D1es:ion ;i@
on :;e 8i781@s:an8es
a<<ea7inA aAains: ;i@ in
:;e e?iden8e 9o7 :;e
<17<ose o9 ena>%inA :;e
e6<%ain an&
8i781@s:an8es a<<ea7inA
in :;e e?iden8e aAains:
;i@.
(1" T;e inD1i7inA a1:;o7i:&
@a&! a9:e7 :;e 8o@<%e:ion
o9 :;e <7od18:ion o9
e?iden8e! ;ea7 :;e
)7esen:inA OI8e7! i9 an&!
a<<oin:ed! and :;e
Go?e7n@en: se7?an:! o7
<e7@i: :;e@ :o C%e
=7i::en >7ie9s o9 :;ei7
7es<e8:i?e 8ase! i9 :;e&
so desi7e.
(23 I9 :;e Go?e7n@en:
se7?an: :o =;o@ a 8o<&
o9 :;e a7:i8%es o9 8;a7Ae
;as >een de%i?e7ed! does
no: s1>@i: :;e =7i::en
s:a:e@en: o9 de9en8e on
o7 >e9o7e :;e da:e
s<e8iCed 9o7 :;e <17<ose
o7 does no: a<<ea7 in
Note 4.1 4.! 51(
<e7son >e9o7e :;e
inD1i7inA a1:;o7i:& o7
o:;e7=ise 9ai%s o7 7e91ses
:o 8o@<%& =i:; :;e
<7o?isions o9 :;is 71%e!
:;e inD1i7inA a1:;o7i:&
@a& ;o%d :;e inD1i7& e6
<a7:e.
(21(a W;e7e a
8o@<e:en: :o i@<ose an&
o9 :;e <ena%:ies s<e8iCed
in 8%a1se (i :o (i? o9 71%e
11 (>1: no: 8o@<e:en: :o
i@<ose an& o9 :;e
8%a1ses (? :o (i6 o9 71%e
11! ;as i:se%9 inD1i7ed
in:o o7 8a1sed :o >e
inD1i7ed in:o :;e a7:i8%es
o9 an& 8;a7Ae and :;a:
a1:;o7i:&! ;a?inA 7eAa7d
:o i:s o=n CndinAs o7
;a?inA 7eAa7d :o i:s
de8ision on an& o9 :;e
CndinAs o9 an& inD1i7inA
a1:;o7i:& a<<oin:ed >& i:!
is o9 :;e o<inion :;a: :;e
8%a1ses (? :o (i6 o9 71%e
11 s;o1%d >e i@<osed on
:;e Go?e7n@en: se7?an:!
:;a: a1:;o7i:& s;a%%
9o7=a7d :;e 7e8o7ds o9
:;e inD1i7& :o s18;
dis8i<%ina7& a1:;o7i:& as
is 8o@<e:en: :o i@<ose
:;e %as: @en:ioned
<ena%:ies.
(> T;e dis8i<%ina7& a1:;o7i:&
:o =;i8; :;e 7e8o7ds a7e
so 9o7=a7ded @a& a8: on
:;e e?iden8e on :;e
7e8o7d o7 @a&! i9 i: is o9
:;e o<inion :;a: 917:;e7
e6a@ina:ion o9 an& o9 :;e
=i:nesses is ne8essa7& in
:;e in:e7es:s o9 G1s:i8e!
7e8a%% :;e =i:ness and
e6a@ine! 87oss$e6a@ine
and 7e$e6a@ine :;e
=i:ness and @a& i@<ose
on :;e Go?e7n@en:
se7?an: s18; <ena%:& as
i: @a& dee@ C: in
a88o7dan8e =i:; :;ese
71%es.
(22 W;ene?e7 an& inD1i7inA
a1:;o7i:&! a9:e7 ;a?inA
;ea7d and 7e8o7ded :;e
=;o%e o7 an& <a7: o9 :;e
e?iden8e in an inD1i7&
8eases :o e6e78ise
G17isdi8:ion :;e7ein! and
is s188eeded >& ano:;e7
inD1i7inA a1:;o7i:& =;i8;
;as! and =;i8; e6e78ises!
s18; G17isdi8:ion! :;e
inD1i7inA a1:;o7i:& so
s188eedinA @a& a8: on
:;e e?iden8e so 7e8o7ded
>& i:s <7ede8esso7! o7
<a7:%& 7e8o7ded >& i:s
<7ede8esso7 and <a7:%&
7e8o7ded >& i:se%9:
)7o?ided :;a: i9 :;e s188eedinA
inD1i7inA a1:;o7i:& is o9 :;e
o<inion :;a: 917:;e7
e6a@ina:ion o9 an& o9 :;e
=i:nesses =;ose e?iden8e ;as
a%7ead& >een 7e8o7ded is
ne8essa7& in :;e in:e7es:s o9
G1s:i8e! i: @a& 7e8a%%! e6a@ine!
87oss$e6a@ine and 7e$e6a@ine
Note 4.1 4.! 511
an& s18; =i:nesses as
;e7ein>e9o7e <7o?ided.
(2,(i A9:e7 :;e 8on8%1sion
o9 :;e inD1i7&! a 7e<o7:
s;a%% >e <7e<a7ed and i:
s;a%% 8on:ain$
(a :;e a7:i8%es o9 8;a7Ae
and :;e s:a:e@en: o9 :;e
i@<1:a:ions o9
@is8ond18: o7
@is>e;a?io17F
(> :;e de9en8e o9 :;e
Go?e7n@en: se7?an: in
7es<e8: o9 ea8; a7:i8%e o9
8;a7AeF
(8 an assess@en: o9 :;e
e?iden8e in 7es<e8: o9
ea8; a7:i8%e o9 8;a7AeF
(d :;e CndinAs on ea8;
a7:i8%e o9 8;a7Ae and :;e
7easons :;e7e9o7.
E()LANATION$ I9 in :;e o<inion
o9 :;e inD1i7inA a1:;o7i:& :;e
<7o8eedinAs o9 :;e inD1i7&
es:a>%is; an& a7:i8%e o9 8;a7Ae
diLe7en: 97o@ :;e o7iAina%
a7:i8%es o9 :;e 8;a7Ae! i: @a&
7e8o7d i:s CndinAs on s18;
a7:i8%e o9 8;a7Ae:
)7o?ided :;a: :;e CndinAs on
s18; a7:i8%e o9 8;a7Ae s;a%% no:
>e 7e8o7ded 1n%ess :;e
Go?e7n@en: se7?an: ;as ei:;e7
ad@i::ed :;e 9a8:s on =;i8;
s18; a7:i8%e o9 8;a7Ae is >ased
o7 ;as ;ad a 7easona>%e
o<<o7:1ni:& o9 de9endinA
;i@se%9 aAains: s18; a7:i8%e o9
8;a7Ae.
(ii T;e inD1i7inA a1:;o7i:&!
=;e7e i: is no: i:se%9 :;e
dis8i<%ina7& a1:;o7i:&!
s;a%% 9o7=a7d :o :;e
dis8i<%ina7& a1:;o7i:& :;e
7e8o7ds o9 inD1i7& =;i8;
s;a%% in8%1de :$
(a :;e 7e<o7: <7e<a7ed >&
i: 1nde7 8%a1se (i.
(> :;e =7i::en s:a:e@en:
o9 de9en8e! i9 an&! s1>@i::ed >&
:;e Go?e7n@en: se7?an:F
(8 :;e o7a% and
do81@en:a7& e?iden8e
<7od18ed in :;e 8o17se o9 :;e
inD1i7&F
(d =7i::en >7ie9s! i9 an&!
C%ed >& :;e )7esen:inA
OI8e7 o7 :;e
Go?e7n@en: se7?an: o7
>o:; d17inA :;e 8o17se o9
:;e inD1i7&F and
(e :;e o7de7s! i9 an&!
@ade >& :;e dis8i<%ina7&
a1:;o7i:& and :;e
inD1i7inA a1:;o7i:& in
7eAa7d :o :;e inD1i7&.
de8isions :
(1Ins:718:ions :o a?oid
<7o8ed17a% de%a&s in :;e
dis<osa% dis8i<%ine 8ases :$
There have been reeated
references in >arliament and in
Note 4.1 4.! 515
>arliamentar! Committees to
the dela!s in the disosal of
deartmental roceedin"s
a"ainst delin1uent Government
servants, and to cases in )hich
on technical and rocedural
"rounds, the accused ersons
ultimatel! escae the
unishment the! deserve. The
"eneral imression is that the
rescribed rocedure is too
elaborate and re1uires to be
relaced b! somethin" more
simle and summar!.
5. &fter careful consideration
the 8inistr! of 9ome &.airs
have come to the conclusion
that this imression is not
)holl! ,usti0ed. The rocedure
rescribed in Rule 14 of the CCS
(CC&) Rules is alicable onl! to
cases in )hich the char"es are
so serious as to call for one of
the ma,or unishments, i.e.,
Bismissal, Removal or
Reduction in the ran# etc. (&
mere summar! rocedure is
alread! available for less
serious cases). The rovisions
of Rule 14 ibid are merel!
desi"ned to ensure comliance,
)ith a salutar! rincile of
,ustice and ublic olic! )hich
has also been incororated in
&rticle '11 of the Constitution of
%ndia vi2., that no man should
be condemned or unished
)ithout a reasonable
oortunit! to defend himself.
The rescribed rocedure
therefore re1uires that the
accused o$cer should be told in
the form of )ritten char"es
e6actl! )hat he is alle"ed to
have done and on )hat
evidence, oral or documentar!,
the alle"ations are based that
he should have an oortunit!
to insect the documentar!
evidence, to test the oral
evidence b! cross4e6amination
and to furnish such evidence as
he ma! )ish to adduce in his
o)n defence. %f, as a result of
the in1uir!, it is decided that
the o$cer should be dismissed,
removed or reduced in ran#, he
has to be "iven a further
oortunit! to sho) cause, if
an!, a"ainst the actual
unishment roose. &n!thin"
less than this )ould amount to
denial of the reasonable
oortunit! )hich is "uaranteed
b! &rticle '11.
'. There is, ho)ever, nothin" in
these minimum re1uirements
)hich must necessaril! lead to
undul! rotected roceedin"s or
to a failure, to secure ,ust
unishment to the "uilt!. The
o$cer conductin" a
deartmental in1uir! has to
hold the balance even bet)een
the interest of the State and the
avoidance of in,ustice to the
accused. 9e is free to ta#e a
resonsible, reasonable and
rudent vie) of the facts and
the circumstances of the case
and is not bound b! the ri"id
limitations re"ardin" the
admissibilit! of evidence and
the de"ree of roof alicable
to rosecution before Criminal
Courts. >rovided the in1uir!
o$cer "ives the necessar! time
and e.ort, con0nes his
Note 4.1 4.! 51'
attention to the main oints at
the issue and 0rml! resists an!
attemt b! the accused o$cer
to introduce irrelevancies or to
adot deliberate dilator!
tactics4there is no reason )h!
satisfactor! e6edition in
disosal should not be achieved
in all cases )ithout deartin"
from the rescribed rocedure.
4. The various factors )hich
ma! contribute to undue dela!s
and fault! disosal are ?4
(i) G$cer conductin" the
deartmental in1uiries ma!
be so reoccuied )ith
other duties that the! can
onl! sare a fe) hours at a
time at lon" intervals for the
in1uir! itself.
(ii) *nfamiliarit! )ith the
rocedure or inade1uate
areciation of the
di.erence bet)een a
deartmental in1uir! and a
trial in a Criminal Court, ma!
lead to over4elaboration, or
lac# of 0rmness in dealin"
)ith dilator! tactics.
(iii) &voidable dela! ma!
sometimes occur at the
sta"e )hen the in1uir!
o$cer has submitted his
reort and the aroriate
authorities have to ma#e u
their minds )hether the
0ndin"s are to be acceted
and if so )hat the
unishment should be.
(iv) Mhere, under the rules,
consultation )ith the *nion
>ublic Service Commission is
necessar! some undue
dela! ma! occur in ma#in"
the reference to the
Commission, and in the
consideration of the case b!
that bod!.
3. &s re"ards the factors
mentioned in (i) and (ii) above
8inistr! of 9ome &.airs have
considered the feasibilit! of
settin" u searate
&dministrative Tribunals for
in1uirin" into the more
imortant deartmental
roceedin"s. &lthou"h such
bodies have )or#ed
satisfactoril! in the State of
*ttar >radesh and 8adras, it is
felt that Central Government
8achiner! is so vast and )idel!
scattered that a similar
e6eriment )ill hardl! ,ustif!
the e6enditure incurred. %n
case of e6treme comle6it! or
imortance it )ill al)a!s be
oen to Government to set
secial committees of en1uir!
or to have recourse to the >ublic
Servants Cn1uir! &ct, 1E3(. =or
all other deartmental in1uiries
the dela! caused b! e6cessive
re4occuation or unfamiliarities
)ith the rocedure could be
easil! avoided b! adotin" the
follo)in" measures ?4
(i) %n each 8inistr! or
Beartment a seci0ed
o$cer or o$cers of
aroriate ran# shall be
nominated and ear4mar#ed
for the urose of
conductin" all the
deartmental in1uiries
Note 4.1 4.! 514
arisin" )ithin that
8inistr!HBeartment.
(ii) &s soon as occasion arises
for ta#in" u such an in1uir!
the nominated o$cer )ill be
relieved of his normal duties
to such e6tent as ma! be
necessar! to enable him to
devote full and careful
attention to the comletion
of the in1uiries and the
submission of his reort.
Burin" this time the )or# of
)hich the o$cer is relieved
ma! be distributed amon"st
other o$cers.
(iii) The nominated o$cers
should familiari2e
themselves )ith the rules
and essential rocedural
re1uirements and areciate
the di.erence bet)een
Beartmental in1uiries and
trials in the Criminal Courts.
The maintenance of close
ersonal contact )ith the
8inistr! of 9ome &.airs )ill
enable them 1uic#l! to
resolve an! doubts or
di$culties )hich ma! arise.
6. &s re"ards the causes of
dela! mentioned in (iii) and (iv)
of ara 4 much imrovement
)ill be e.ected if, (a) it is
imressed uon all concerned
that both ublic interest as )ell
as humanitarian considerations
demand that no avoidable dela!
should occur in the disosal of
discilinar! case@ and (b) and
failure to "ive such cases due
riorit! is itself re"arded as a
dereliction of dut! and suitabl!
dealt )ith.
F89& G8 :o. '9H4(H354Cst.,
dated the 4
th
Gctober, 1935.I
(2 )a& Co@@issionKs
7e8o@@enda:ions
7eAa7dinA dis8i<%ina7&
<7o8eedinAs and
Go?e7n@en:Ks o7de7
:;e7eon :$
%n chater -% of their reort the
>a! Commission have made the
follo)in" recommendations
re"ardin" discilinar!
roceedin"s ?4
(i) &ll memorials etc. as )ell as
aeals )hich come to the
Central Government a"ainst
imosition of ma,or
enalties, should be
disosed of onl! in
consultation )ith the >ublic
Service Commission.
(ii) The o)er to )ithhold
aeals, memorials or
etitions under rescribed
circumstances should be
e6ercised b! an authorit!
hi"her than the one )hich
has assed the orders
a"ainst )hich the aeal
etc., is made.
(iii) & discilinar! en1uir! should
not be conducted b! the
immediate suerior of the
Government servant bein"
roceeded a"ainst or b! an
o$cer at )hose instance the
in1uir! )as initiated.
These recommendations have
been carefull! e6amined b!
Note 4.1 4.! 513
Government and the conclusion
reached are contained in the
follo)in" ara"rahs.
5. The Government of %ndia
note that the >a! Commission
have observed that the
information available )ith them
does not at all su""est that
discilinar! action is ta#en in far
too man! cases or that ma,or
enalties imosed too freel! or
that aeals and memorials are
dealt )ith erfunctoril!. %t is
considered that the accetance
of recommendation at (i) above
)ould considerabl! increase the
)or# of the *nion >ublic Service
Commission. %t ma! also lead
to dela!s in comletin"
discilinar! cases, )hich )ould
neither be in the interest of
ublic service nor in that of the
individual Government servant.
%t has, therefore, been decided
not to ma#e an! chan"e in the
e6istin" rocedure.
'. &s re"ards recommendation
under (ii), the instructions
contained in 89& G8 :o.
4(H3H3(4Csts.(<), dated E
th

Setember, 1934 la! do)n the
rocedure for submission of
etitions, memorials etc., to the
>resident. %n these instructions
the o)er to )ithhold etitions
etc. has been "ranted onl! to
hi"h authorities li#e the
Secretaries to the Government
and the 9ead of Beartments.
&n aeal can be )ithheld onl!
under rescribed
circumstances@ the aellant is
re1uired to be informed of the
fact and the reasons for
)ithholdin" the aeal are
re1uired to be communicated to
the aellate authorit! and
1uarterl! return "ivin" the list of
)ithheld aeals has to be
submitted to the aellate
authorit!. These are su$cient
safe"uards a"ainst un,usti0ed
)ithholdin" of aeals.
%t is considered that these
instructions and rules do not
re1uire an! modi0cation. The
authorities dealin" )ith
etitions, memorials and
aeals are, ho)ever, e6ected
to al! the instructions and
rules in a liberal sirit and the!
should ordinaril! refrain from
)ithholdin" an! aeal,
reresentation, etition or
memorial e6cet in rare cases
)here the ,usti0cation for
contrar! action ma! be obvious.
4. &s re"ards recommendation
(iii), it is obviousl! desirable
that onl! disinterested o$cers
should be aointed as %n1uir!
G$cers in deartmental
roceedin"s. There is no bar to
the immediate suerior o$cer
holdin" an in1uir! but, as a rule,
the erson )ho underta#es this
tas# should not be susected of
an! bias in such cases. The
authorities concerned should
bear this in mind before an
%n1uir! G$cer is aointed in a
discilinar! case.
F89& G8 :o. =.6(56)H6(4Csts.(&)
dated the 16
th
=ebruar!, 1961.I
Note 4.1 4.! 516
(,S1<<%& o9 8o<ies o9
do81@en:s :o :;e
de%inD1en: oI8ia% :$
& 1uestion often arises )hether
a articular document or set of
documents as#ed for b! a
Government servant involved in
a deartmental in1uir! should
be made available to him or
not@ and endin" the decision of
the 1uestion the submission of
the )ritten statement b! the
is dela!ed, in some cases for
months. %n vie) of this and also
of the ,ud"ement ronounced
b! the Sureme Court in
Rai2ada Trilo# :ath Qs. the
*nion of %ndia in )hich it has
been decided that failure to
furnish coies of documents
such as the =irst %nformation
Reort and statements recorded
durin" investi"ation amounts to
a violation of &rticle '11 (5) of
the Constitution, the )hole
1uestion of the e6tent of access
to o$cial records to )hich a
Government servant is entitled
under sub4rule 4 of Rule 3 of the
&ll %ndia Services (Bisciline J
&eal) Rules or sub4rule ' of
Rule 13 of the Central civil
and &eal) Rules has been
the 8inistr! of -a).
5. The ri"ht of access to o$cial
records is not unlimited and it is
oen to the Government to
den! such access if in its
oinion such records are not
relevant to the case, or it is not
desirable in the ublic interest
to allo) such access. The
o)er to refuse access to
o$cial records should, ho)ever,
be ver! sarin"l! e6ercised.
The 1uestion of relevanc!
should be loo#ed at from the
oint of vie) of the defence and
if there is an! ossible line of
defence to )hich the document
ma!, in some )a! be relevant
thou"h the relevance is not
clear to the discilinar!
authorit! at the time that the
re1uest is made, the re1uest for
access should not be re,ected.
The o)er to den! access on
the "round of ublic interest
should be e6ercised onl! )hen
there are reasonable and
su$cient "rounds to believe
that ublic interest )ill clearl!
su.er. Cases of the latter t!e
are li#el! to be ver! fe) and
normall! occasion for refusal of
access on the "round that it is
not in ublic interest should not
arise if the document is
intended to be used in roof of
the char"e and if it is roosed
to roduce such a document
before the %n1uir! G$cer, if an
en1uir! comes to be held. %t
has to be remembered that
serious di$culties arise )hen
the Courts do not accet as
correct the refusal b! the
discilinar! authorit!, of access
to documents. %n an! case,
)here it is decided to refuse
access, reasons for refusal
should be co"ent and
substantial and should
Note 4.1 4.! 51D
invariable be recorded in
)ritin".
'. Government servants
involved in deartmental
en1uiries often as# for access to
and or sul! of coies of ?
(1) documents to )hich
reference has been made in
the statement of alle"ations@
(5) documents and records not
so referred to in the
statement of alle"ations but
)hich the Government
servant concerned considers
are relevant for the
uroses of his defence@
(') statement of )itnesses
recorded in the course of ;
(a) a reliminar! en1uir!
conducted b! the
deartment@ or
(b) investi"ation made b! the
>olice@
(4) reorts submitted to
Government or other
cometent authorit!
includin" the discilinar!
authorit!, b! an o$cer
aointed to hold a
reliminar! in1uir! to
ascertain facts@
(3) reorts submitted to
Government or other
cometent authorit!
includin" the discilinar!
authorit!, b! the >olice
after investi"ation.
4. & list of the documents
)hich are roosed to be relied
uon to rove the char"e and
the facts stated in the
statement of alle"ations should
be dra)n u at the time of
framin" the char"e. This )ill
incidentall! reduce the dela!
that usuall! occurs bet)een the
service of the char"e4sheet and
the submission of the )ritten
statement. The list should
normall! include documents li#e
the =irst %nformation Reort if
there is one on record.
&non!mous and seudon!mous
comlaints on the basis of
)hich in1uiries )ere started
need not be included in the list.
The list so reared should be
sulied to the o$cers either
alon")ith the char"e4sheet or
as soon thereafter as ossible.
The o$cer should be ermitted
access to the documents
mentioned in the list if he so
desires.
3. %f the o$cer re1uests for an!
o$cial records other than those
included in the list, the re1uest
should ordinaril! be acceded to
in the li"ht of )hat has been
stated in ara 5 above.
6. Mhile there is no doubt that
the Government servant should
be "iven access to various
o$cial records li#e documents
to )hich reference has been
made in the statement of
alle"ations and documents and
records )hich the Government
servant concerned considers
are relevant for the uroses of
his defence thou"h the
relevanc! is not clear to the
discilinar! authorit!, doubts
Note 4.1 4.! 51E
ver! often arise )hether o$cial
records include the documents
mentioned at item 4 and 3 in
ara ' above. Reorts made
after a reliminar! en1uir!, or
the reort made b! the >olice
after investi"ation, other than
those referred to in clause (a) of
Sub4 Section 1 of Section 1D' of
the Code of Criminal >rocedure,
1E9E, are usuall! Con0dential
and intended onl! to satisf! the
cometent authorit! )hether
further action in the nature of a
re"ular deartmental in1uir! or
an! other action is called for.
These reorts are not usuall!
made use of or considered in
the in1uir!. Grdinaril! even a
reference to )hat is contained
in these reorts is not made in
the statement of alle"ation. %t
is not necessar! to "ive access
to the Government servant to
these reorts. (%t is necessar! to
strictl! avoid an! reference to
such reorts in the statement of
alle"ations as, if an! reference
is made, it )ould not be
ossible to den! access to these
reorts@ and "ivin" of such
access to these reorts )ill not
be in ublic interest for the
reasons stated above).
D. The onl! remainin" oint is
)hether access should be "iven
to the statements of )itnesses
recorded in the course of a
reliminar! en1uir! conducted
b! the deartment or
investi"ation made b! the >olice
and if so, )hether the access
should be "iven to the
statements of all )itnesses or to
the statements of onl! those
)itnesses )ho are roosed to
be e6amined in roof of the
char"es or of the facts stated in
the statement of alle"ations.
These statements can be used
onl! for the uroses of cross4
e6amination and the
Government servant is called
uon to discredit onl! those
)itnesses )hose statements are
roosed to be relied uon in
roof of the char"es or of the
facts stated in the statement of
alle"ations.
&s such the Government
servant concerned need not be
"iven access to the statements
of all )itnesses e6amined in the
reliminar! en1uir! or
investi"ation made b! the >olice
and access should be "iven to
the statements of onl! those
)itnesses )ho are roosed to
be e6amined in roof of the
char"es or the facts stated in
the statement of alle"ations. %n
some cases, the Government
servant ma! re1uire coies of
the statements of some
)itnesses on )hich no reliance
is roosed to be laced b! the
discilinar! authorit! on the
"round that he rooses to
e6amine such )itnesses on his
side and that he re1uires the
revious statement to
corroborate the testimon! of
such )itnesses before the
in1uirin" authorit!. >revious
statements made b! a erson
e6amined as a )itness is not
admissible for the uroses of
corroboration and access to
Note 4.1 4.! 519
such statements can safel! be
denied. 9o)ever, the la)
reco"ni2es that if the former
statement )as made at or
about the time )hen the fact
too# lace and the erson is
called to "ive evidence about
such fact in an! roceedin"s,
the revious statement can be
used for uroses of
corroboration. %n such cases, it
)ill be necessar! to "ive access
to the revious statement.
E. The further oint is the sta"e
at )hich the Government
servant should be ermitted to
have access to the statements
of )itnesses roosed to be
relied uon in roof of the
char"es or of the facts stated in
the statements of alle"ation. &s
stated earlier, the coies of the
statements of the )itnesses can
be used onl! for the urose of
cross4e6amination and,
therefore, the demand for
coies must be made )hen
)itnesses are called for
e6amination at the oral en1uir!.
%f such a re1uest is not made,
the inference )ould be that the
coies )ere not needed for that
urose. The coies cannot be
used at an! subse1uent sta"e
as those statements are not to
be ta#en into consideration b!
the discilinar! authorit! also.
Coies should be made
available )ithin a reasonable
time before the )itnesses are
e6amined. %t )ould be strictl!
le"al to refuse access to the
coies of the statements rior
to the evidence sta"e in the
deartmental en1uir!.
9o)ever, if the Government
servant ma#es a re1uest for
sul! of coies of statements
referred to at (') of ara '
above before he 0les a )ritten
statement, the re1uest shall be
acceded to.
9. :either sub4rule (4) of Rule 3
of &ll %ndia Services (Bisciline
and &eal) Rules nor sub4rule
(') of Rule 13 of the Central Civil
and &eal) Rules rovide for
sul! of coies of documents.
Therefore, it is not ordinaril!
necessar! to sul! coies of
the various documents and it
)ould be su$cient if the
Government servant is "iven
such access as is ermitted
under the rules referred to
above. Government servants
involved in deartmental
roceedin"s )hen ermitted to
have access to o$cial records
sometimes see# ermission to
ta#e hotostat coies thereof.
Such ermission should not
normall! be "iven, eseciall! if
the o$cer rooses to ma#e the
hotostat coies throu"h a
rivate hoto"raher as thereb!
third arties )ould be allo)ed to
have access to o$cial records
)hich is not desirable. %f,
ho)ever, the documents of
)hich hotostat coies are
sou"ht for are so vitall! relevant
to the case (e."., )here the
roof of the char"e deends
uon the roof of the
hand)ritin" or a document the
authenticit! of )hich is
Note 4.1 4.! 55(
disuted), the Government
should itself ma#e hotostat
coies and sul! the same to
the Government servant. %n
cases )hich are not of this or
similar t!e (the e6amle "iven
above is onl! illustrative and not
e6haustive), it )ould be
su$cient if the Government
servant is ermitted to insect
the o$cial records and ta#e
e6tract therefrom as is rovided
for in sub4rule (') of Rule 13 of
the Central Civil Services
(Classi0cation, Control and
&eal) Rules. Sub4rule (4) of
Rule 3 of the &ll %ndia Services
(Bisciline and &eal) Rules
does not seci0call! rovide for
the Government servant ta#in"
e6tract from o$cial records. The
ractice, ho)ever, is that
o$cers "overned b! the &ll %ndia
Services (Bisciline and &eal)
Rules do ta#e such e6tracts from
records. This ractice should be
continued and no restriction
should be laced on such
o$cials from ta#in" e6tracts
from o$cial records.
F89& G8 :o. '(H3H614&QB
dated the 53
th
&u"ust, 1961I
(4E6a@ina:ion o9 =i:nesses
on >e;a%9 o9 :;e a881sed
oI8ia% :$
The Government servant )ho
has been ermitted to assist the
accused o$cial should be
ermitted to e6amine, corss4
e6amine and re4e6amine
)itnesses and ma#e
submissions before the %n1uir!
G$cer on behalf of the accused
o$cial, if the accused o$cial
ma#es a re1uest in )ritin" in
this behalf.
F89& G8 :o. 6H56H6(4Csts.
Bated the E
th
Kune, 1965I
(-)7ose81:ion o7
de<a7:@en:a% a8:ion
a88o7dinA :o se7io1sness o9
:;e oLen8e ?4
>rosecution should be "eneral
rule in all those cases )hich are
found 0t to be sent to Court
after investi"ation and in )hich
the o.ences are of briber!,
corrution or other criminal
misconduct involvin" loss of
substantial ublic funds. %n
such cases, deartmental action
should not recede rosecution.
%n other cases involvin" less
serious o.ences or involvin"
malractices of a deartmental
nature, deartmental action
onl! should be ta#en and the
1uestion of rosecution should
"enerall! not arise. Mhenever,
ho)ever, there is unresolved
di.erence of oinion bet)een
the Central <ureau of
%nvesti"ation and the
administrative authorit!
concerned as to )hether
rosecution in court or
deartmental action should be
resorted to in the 0rst instance
the matter should be referred to
Commission for advice.
F89& G8 :o. '9HEH644Csts.(&)
dated the 4
th
Setember, 1964I.
(# 4eas17es :o <7e?en:
:a@<e7inA =i:;
Note 4.1 4.! 551
7e8o7dsMdo81@en:s
d17inA ins<e8:ion >&
de%inD1en: oI8ia%s :$
& delin1uent o$cial a"ainst
)hom discilinar! roceedin"s
are endin" under CCS (CC&)
Rules, is entitled to the
insection of
recordsHdocuments etc. havin"
a bearin" on the case. Gn
re1uisition b! the discilinar!
authorit!, the C<% has to hand
over the documents to him for
uroses of erusal and
insection b! the delin1uent
o$cial. Recentl! instances
have come to notice )here the
accused o$cers )hile
insectin" the
recordsHdocuments, tamered
)ith materiall! vital documents.
%n other case, the accused
o$cer temered )ith the
documents )hen the %n1uir!
G$cer temoraril! left the
in1uir! room durin" the course
of the in1uir!.
%n order to obviate recurrence of
such incidents
8inistriesHBeartments are
re1uested to consider the
desirabilit! of issuin"
instructions to the follo)in"
e.ect ?4
(i) that the accused o$cer
should be allo)ed insection
of recordsHdocuments, etc.
onl! in the resence of a
resonsible o$cer@ and
(ii) that the in1uir! o$cer
should ta#e su$cient
recautions to ensure that
the recordsHdocuments and
other aers are not
tamered )ith )hile the
documents are under their
custod! or durin" the course
of actual in1uir!.
F89& G8 :o. 545H96H634&QB
dated the 5D
th
Setember,
1963, addressed to the
Qi"ilance G$cers of all
8inistriesHBeartmentsI.
(. Assis:inA
Go?e7n@en: se7?an:s :$
Rule 14 (E) of the Central Civil
and &eal) Rules, 1963
rovides that the Government
servant a"ainst )hom
discilinar! roceedin"s have
been initiated ma! ta#e the
assistance of an! other
Government servant to resent
the case on his behalf. Mhile no
ermission is needed b! the
o$cial )ho is char"esheeted to
secure the assistance of an!
other Government servant, it is
necessar! for the latter to
obtain the ermission of his
controllin" authorit! to absent
himself from o$ce in order to
assist the accused Government
servant durin" the en1uir!. %t
)ould avoid dela! in "rantin"
such ermission, if the %n1uir!
G$cers ta#e the initiative in the
matter of informin" the
controllin" authorit! in this
re"ard. %t is, therefore,
su""ested that as soon as an
accused Government servant
informs the %n1uir! G$cer of
the name and other articulars
of the Government servant )ho
Note 4.1 4.! 555
has been chosen b! him to
assist in the resentation of his
case, the %n1uir! G$cer should
intimate this fact to the
controllin" authorit! of the
=urther, the date and time of
the hearin" should be intimated
to the said controllin" authorit!
su$cientl! in advance addin"
that if, for an! comellin"
reason it is not racticable to
relieve the Government servant
concerned on the due date or
dates to attend the en1uir!, the
%n1uir! G$cer, the accused
o$cial and the Government
servant chosen for assistin" the
accused o$cial ma! be advised
)ell in time.
5. %t is re1uested that
necessar! action ma! lease be
ta#en to ensure that all %n1uir!
G$cers follo) the rocedure
outlined above. & co! of the
circular is also bein" endorsed
to the Commissioners for
Beartmental Cn1uiries.
FCQC -etter :o. 61H'H6D4C dated
the E
th
Kanuar!, 196EI.
(/ C7oss$e6a@ina:ion >& o7
on >e;a%9 o9 :;e
Go?e7n@en: se7?an:
a9:e7 :;e <7esen:inA
oI8e7 ;as 7e$e6a@ined
:;e =i:ness O
Clari0cation re"ardin" ?4 *nder
sub4rule (14) of Rule 14 of the
CCS (CC&) Rules, 1963, the
)itness roduced b! or on
behalf of the discilinar!
authorit! in a discilinar!
roceedin" shall be e6amined
b! or on behalf of the
resentin" o$cer and ma! be
cross4e6amined b! or on behalf
of the Government servant, and
the resentin" o$cer )ould
also be entitled to re4e6amine
the )itnesses on an! oint on
)hich the! have been cross4
e6amined but not on an! ne)
matter )ithout the leave of the
in1uirin" authorit!. Boubts
have been e6ressed in some
1uarters if cross4e6amination b!
or on behalf of the Government
servant could be allo)ed after
the resentin" o$cer has re4
e6amined the )itness. %t is
hereb! clari0ed that if re4
e6amination b! the resentin"
o$cer is follo)ed on an! ne)
matter not alread! covered b!
the earlier e6aminationHcross4
e6amination, a cross4
e6amination on such ne)
matters, covered b! the re4
e6amination ma! also be
allo)ed to meet the ends of
nature ,ustice.
>ersonnel) 8emo. :o. DH11HD(4
Cstt. (&) dated the 54
th

Setember, 19D(I.
("Cond18: o9 enD1i7ies
aAains: de%inD1en: oI8e7s
>& AaHe::ed oI8e7sMsenio7
oI8e7s :$
The Committee on Sub4ordinate
-e"islation (=ourth -o# Sabha)
have recentl! e6amined the
1uestion of in1uir! o$cers to
conduct oral in1uir! into the
char"es levelled a"ainst
delin1uent o$cers under CCS
Note 4.1 4.! 55'
(CC&) Rules, 1963. The
Committee has observed that
thou"h the! a"ree that it ma!
not be ossible to entrust
al)a!s in1uiries a"ainst
delin1uent o$cers to "a2etted
o$cers the in1uiries should be
conducted b! an o$cer )ho is
su$cientl! senior to the o$cer
)hose conduct is bein" in1uired
into as in1uir! b! a ,unior o$cer
cannot command con0dence
)hich it deserves.
>ersonnel) 8emo :o. DH1HD(4
Cstts. (&) dated the 6
th
Kanuar!,
19D1I.
(13 A<<oin:@en: o9
InD1i7inA A1:;o7i:& ?4
Gne of the items considered b!
the :ational Council set u
under the scheme of Koint
Consultation and Comulsor!
&rbitration in its meetin" held in
Setember, 19D( )as a
roosal of the Sta. Side that
the discilinar! in1uir! should,
as a rule, be conducted b! a
erson )ho should be free from
all inLuences, o$cial or
other)ise, of the discilinar!
authorit!. %t )as further
su""ested that the rules should
be amended suitabl! so that
deartmental in1uiries are
invariabl! conducted b! a
erson belon"in" to another
Beartment. &s a result of
subse1uent discussions in the
:ational Council, a Committee
of the Council )as set u to
consider the matter in all its
asects. %n the Committee the
Sta. Side ur"ed that it )as
necessar! in a deartmental
in1uir! to ensure that the
roceedin"s )ere conducted in
an ob,ective manner and that
the re1uirement of natural
,ustice )ould be )atered do)n
if the in1uir! is held b! the
discilinar! authorit! itself or is
entrusted to an %n1uir! G$cer
)ho is subordinate to, or is
under the direct inLuence of the
discilinar! authorit!. &ccordin"
to them deartmental in1uiries
should invariabl! be entrusted
to an indeendent and imartial
bod! or tribunal and that
considerations of the
e6enditure involved in
rovidin" such an indeendent
forum should not be the rime
factor in the disensation of
,ustice. &lternativel!, the
%n1uir! G$cer should invariabl!
belon" to a
Min"HG$ceHBeartment
di.erent from the one to )hich
the alle"ed delin1uent
emlo!ee belon"s.
5. &s re"ards the oint raised
b! the Sta. Side that the
Beartmental %n1uir! should be
entrusted to an indeendent
imartial bod! or tribunal, it
)as clari0ed that in1uiries in
discilinar! roceedin"s a"ainst
"a2etted o$cers of all "rades
involvin" lac# of inte"rit! or an
element of vi"ilance are alone
entrusted to Commissioner for
Beartmental %n1uiries under
Commission and other cases of
Note 4.1 4.! 554
involvin" urel! administrative
or technical lases, are not
referred to the said
Commissioner. %t )as also not
ossible to entrust the
deartmental in1uiries a"ainst
non4"a2etted emlo!ees to the
Commissioner for Beartmental
%n1uiries in vie) of the ver!
lar"e number of discilinar!
cases of such emlo!ees
comin" u ever! !ear. %t )as
further ointed out that the
e6istin" instructions contained
in 8inistr! of 9ome &.airs (no)
Beartment of >ersonnel) G8
:o. 6H56H6(4Csts. (&) dated 16
th

=ebruar!, 1961 alread!
emhasise the desirabilit! of
onl! disinterested o$cers bein"
aointed as %n1uir! G$cers in
deartmental roceedin"s. %t is
also rovided therein that )hile
there is no bar to the immediate
suerior o$cer holdin" an
in1uir!, as a rule, ersons )ho
underta#e this tas# should not
be susected of an! bias in
such cases and that the
authorities concerned should
bear this in mind before an
%n1uir! G$cer is aointed in a
discilinar! case.
'. & su""estion )as made b!
the Sta. Side that )here a
reresentation b! the
delin1uent o$cial a"ainst the
aointment of a articular
%n1uir! G$cer on "rounds of
bias, is re,ected b! the
Biscilinar! &uthorit!, it should
be oen to the delin1uent
o$cial, to refer an aeal to
the aellate authorit!. %t )as
ointed out that thou"h there
)as no rovision in the CCS
(CC&) Rules for 0lin" an aeal
a"ainst an order aointin" a
erson as %n1uir! G$cer in a
discilinar! roceedin", such an
order could, nevertheless, be
revie)ed under the said Rules.
The Sta. Side desired that in
vie) of this osition, the %n1uir!
G$cer should sta! the
roceedin"s if an alication for
revie) is 0led b! the delin1uent
o$cial. %t )as a"reed that
obviousl! this should be done
and the attention of the
cometent authorities could be
dra)n to the need for sta!in"
the roceedin"s once a revie)
etition )as submitted in such
cases.
4. %t has accordin"l! been
decided that )henever an
alication is moved b! a
Government servant a"ainst
)hom discilinar! roceedin"s
are initiated under the CCS
(CC&) Rules a"ainst the in1uir!
o$cer on "rounds of bias, the
roceedin"s should be sta!ed
and the alication referred,
alon")ith the relevant material,
to the aroriate revie)in"
authorit! for considerin" the
alication and assin"
aroriate orders thereon. %t
has also been decided to re4
emhasi2e to all
8inistriesHBeartments the
follo)in" instructions contained
in ara"rah, 3 of 89& G8 :o.
'9H4(H354Csts. dated the 4
th

Gctober, 1933 on the sub,ect for
e6editious and better disosal
Note 4.1 4.! 553
of deartmental roceedin"s
a"ainst Government servants ?4
(i) %n each 8inistr! or
Beartment seci0ed o$cer
or o$cers of aroriate
ran# shall be nominated and
earmar#ed for the urose
of conductin" all the
deartmental in1uiries
arisin" )ithin that
8inistr!HBeartment.
(ii) &s soon as occasion arises
for ta#in" u such an
in1uir!, the nominated
o$cer )ill be relieved of his
normal duties to such e6tent
as ma! be necessar! to
enable him to devote full
and careful attention to the
comletion of the en1uiries
and the submission of his
reort. Burin" this time the
)or# of )hich the o$cer is
relieved ma! be distributed
amon"st other o$cers.
3. The 8inistr! of =inance etc.
are accordin"l! re1uested to
brin" to the notice of the
various discilinar! authorities
the need for sta!in" the
roceedin"s till such time as the
revie) etition if an!, submitted
b! a Government servant
a"ainst the aointment of the
%n1iur! G$cer is disosed of, as
a"reed to in the Committee of
the :ational Council vide
ara"rah ' above. The! are
also re1uested to #ee in vie)
the instructions contained in the
8inistr! of 9ome &.airs
(Beartment of >ersonnel) G8
:o. 6H56H6(4Cstt. (&) dated 16
th

=ebruar!, 1961 and :o.
'9H4(H354Csts.(&) dated 4
th

Gctober, 1935 referred to
above, re"ardin" the
aointment of %n1uir! G$cers
in discilinar! roceedin"s.
FCabinet Sectt. Beartment of
>ersonnel, G8 :o. '9H4(HD(4
Csts.(&) dated 9
th
:ovember,
19D5I.
(11 InD1i7& >& :;e
dis8i<%ina7& a1:;o7i:& ?4
The Beartment of >ersonnel J
&dministrative Reforms G8 :o.
'9H4(HD(4Cstt.(&) dated the 9
th

:ovember, 19D5, inter4alia,
rovides that onl! those %n1uir!
G$cers )ho are free from bias
should be aointed b! the
discilinar! authorit! to conduct
deartmental in1uiries. %t is,
further been rovided that
)herever an alication is
moved b! a Government
servant, a"ainst )hom
discilinar! roceedin"s are
initiated, a"ainst the %n1uir!
G$cer on "rounds of bias, the
roceedin"s should be sta!ed
and the alication referred to
the aroriate revie)in"
authorit! for considerin" the
matter and assin" aroriate
orders thereon. %n this
connection, the Sta. Side raised
the follo)in" oints, at the
:ational Council (KC8) meetin"
held in :ovember, 19D3 ?
(a) The orders contained in the
Beartment of >ersonnel J
&R G8 dated 9
th
:ovember,
19D5 are not bein"
Note 4.1 4.! 556
imlemented in some
Beartments@ and

(b) The G8 dated 9.11.19D5 did
not contain instructions
re"ardin" discilinar!
authorit! in1uirin" into the
cases itself.
5. Re"ardin" (a) above,
8inistr! of =inance etc. are
re1uested to observe and
imlement scruulousl! the
aforesaid instructions contained
in this Beartment7s G8 of 9
th

:ovember, 19D5.
'. The second oint raised b!
the Sta. Side has been further
e6amined in this Beartment.
&ccordin" to Rule 14 (3) of the
CCS (CC&) Rules, 1963, the
discilinar! authorit! ma! itself
in1uire into the char"es a"ainst
the accused Government
servant or aoint an %n1uir!
G$cer for the urose.
9o)ever, it should be ossible
in a ma,orit! of cases, and the
more serious ones at an! rate,
to ensure that the discilinar!
authorit! himself does not
conduct the in1uir!. %t ma! still
be not racticable to ensure in
all cases that the discilinar!
authorit! himself )ould not be
the %n1uir! G$cer. Such a
course ma! be necessar! under
certain circumstances
articularl! in small 0eld
formations )here the
discilinar! authorit! as )ell as
the %n1uir! G$cer ma! have to
be one and the same erson. %t
has accordin"l! been decided
that unless it is unavoidable in
certain cases as mentioned
above, the discilinar! authorit!
should refrain from bein" the
%n1uir! G$cer and aoint
another o$cer for the urose.
:o. '3(14H1HD64Csts. (&) dated
the 59
th
Kul!, 19D6I.
(12 W;e:;e7 8;a7Aes
8an >e d7o<<ed a: :;e s:aAe
o9 ini:ia% =7i::en s:a:e@en:
o9 de9en8e :$
& 1uestion has been under
consideration )hether Rule 14
(3) (a) of the CCS (CC&) Rules,
1963 ermits the droin" of
char"es b! the discilinar!
authorit! after considerin" the
)ritten statement of defence
submitted b! the accused
Government servant under Rule
14 (4) ibid. The 1uestion has
)ith the 8inistr! of -a) and the
osition is clari0ed as under ?4
(a) The discilinar! authorit!
has the inherent o)er to
revie) and modif! the
articles of char"e or dro
some of the char"es or all
the char"es after the receit
and e6amination of the
)ritten statement of
defence submitted b! the
accused Government
servant under Rule 14 (4) of
the CCS (CC&) Rules, 1963.
(b) The discilinar! authorit! is
not bound to aoint an
%n1uir! G$cer for
conductin" an in1uir! into
the char"es )hich are not
Note 4.1 4.! 55D
admitted b! the accused
o$cial but about )hich the
discilinar! authorit! is
satis0ed on the basis of the
defence that there is no
further cause to roceed
)ith.
5. %t ma!, ho)ever, be noted
that the e6ercise of o)ers to
dro the char"es after the
consideration of the )ritten
statement of defence b! the
accused Government servant
)ill be sub,ect to the follo)in"
conditions ?4
(a) %n cases arisin" out of
investi"ations b! the Central
<ureau of %nvesti"ation, the
C<% should be consulted
before a decision is ta#en to
dro an! of, or all the
char"es on the basis of the
defence submitted b! the
accused Government
servant. The reasons
recorded b! the discilinar!
authorit! for droin" the
char"es should also be
intimated to the Central
<ureau of %nvesti"ation.
(b) The Central Qi"ilance
Commission should be
consulted )here the
)ere initiated on the advice
of the Commission and the
intention is to dro or modif!
an! of, or all the char"es on
the basis of the )ritten
statement of defence
submitted b! the accused
Government servant.
FG.%., 89& G8 :o. 11(15H5HD94
Cstt.(&) dated the 15
th
8arch,
19E1 and G8 :o. 11(15HEHE54
Cstt.(&) dated the E
th
Becember,
19E5I
(1, )e7@ission :o
enAaAe a LeAa%
)7a8:i:ione7 :$
Rules 14 (E) (a) of the Central
Control and &eal) Rules, 1963
rovides, inter4alia that a
delin1uent Government servant
a"ainst )hom discilinar!
roceedin"s have been
instituted as for imosition of a
ma,or enalt! ma! not en"a"e
a le"al ractitioner to resent
the case on his behalf before
the %n1uirin" &uthorit!, unless
the >resentin" G$cer aointed
b! the discilinar! authorit! is a
le"al ractitioner, or the
discilinar! authorit!, havin"
re"ard to the circumstances of
the case, so ermits. %t is
clari0ed, that, )hen on behalf of
the discilinar! authorit!, the
case is bein" resented b! a
>rosecutin" G$cer of the
Central <ureau of %nvesti"ation
or a Government -a) G$cer
(such as -e"al &dviser, Kunior
-e"al &dviser), there are
evidentl! "ood and su$cient
circumstances for the
discilinar! authorit! to e6ercise
his discretion in favour of the
delin1uent o$cer and allo) him
to be reresented b! a le"al
ractitioner. &n! e6ercise of
Note 4.1 4.! 55E
discretion to the contrar! in
such cases is li#el! to be held
b! the court as arbitrar! and
re,udicial to the defence of the
delin1uent Government servant.
:o. 11(15HDHE'4Cstt.(&) dated
the 5'
rd
Kul!, 19E4I.
(14 Res:7i8:ion on
enAaAinA De9en8e
Assis:an: :$
Sub4rule (E) of Rule 14 of CCS
(CC&) Rules, 1963 rovides that
a Government servant ma! ta#e
the assistance of an! of the
Government servants osted in
an! o$ce either at his
head1uarters or at the lace
)here the in1uir! is held, to
resent his case on his behalf.
& Government servant ma!,
ho)ever, ta#e the assistance of
an! other Government servant
osted at an! other station on
bein" ermitted b! the %n1uirin"
&uthorit! to do so.
5. The Sta. Side of the :ational
Council (KC8) reresented that
the aforesaid rovision in the
rules )as restrictive, amountin"
the denial of ,ustice, and should
therefore, be removed. The
matter )as also discussed in
5E
th
Grdinar! 8eetin" of the
:ational Council held on
14
th
H13
th
Kanuar!, 19E6.
'. Rule 14 (E) of CCS (CC&)
Rules, 1963 does not totall!
rohibit havin" a Befence
&ssistant from an! station other
than the head1uarters of the
char"ed Government servant or
the lace of in1uir!. %t is oen
to the in1uirin" authorit! to
ermit the aointment of a
Befence &ssistant from an!
other station, havin" re"ard to
the circumstances of each case.
9o)ever, at resent, there is no
rovision for aeal a"ainst the
decision of the in1uirin"
authorit! in the matter, should
it decide to refuse ermission.
4. %t has, therefore, been
decided after discussion )ith
the Sta. Side, that a
Government servant should be
allo)ed to ma#e a
reresentation to the
Biscilinar! &uthorit! if the
%n1uirin" &uthorit! re,ects a
re1uest for ermission to ta#e a
Befence &ssistant from a lace
other than the head1uarters of
the char"ed Government
servant or the lace of in1uir!.
&ccordin"l!, in all cases )here
the in1uirin" authorit! re,ects
the re1uest of the char"ed
Government servant for
en"a"in" a defence assistant,
from an! station other than the
head1uarters of such
Government servant or the
lace )here the in1uir! is
conducted, it should record its
reasons in )ritin" and
communicate the same to the
char"ed Government servant to
enable him to ma#e a
reresentation a"ainst the
order, if he so desires, to the
discilinar! authorit!. Gn
receit of the reresentation
from the char"ed Government
servant, the Biscilinar!
Note 4.1 4.! 559
&uthorit!, after al!in" its
mind to all the relevant facts
and circumstances of the case,
shall ass a )ell4reasoned order
either uholdin" the orders
assed b! the in1uirin"
authorit! or accedin" to the
re1uest made b! the char"ed
emlo!ee. Since such an order
of the discilinar! authorit! )ill
be in the nature of a ste4in4aid
of the in1uir!, no aeal shall
lie a"ainst that order.
FBeartment of >ersonnel J
Trainin" G8 :o. 11(15H'HE64
Cstt.(&) dated the 59
th
&ril,
19E6I.
(1- A<<ea7an8e o9 a
Go?e7n@en: se7?an:
>e9o7e :;e inD1i7&
a1:;o7i:& O C%a7iC8a:ion
o9 :;e i@<o7: o9 :;e
<7o?isions in R1%e 14 (.
o9 :;e CCS (CCA R1%es!
1"#- O
The rocedure for imosin"
ma,or enalties is laid do)n in
Rule 14 of the CCS (CC&) Rules,
1963 and sub4rule (D) thereof
envisa"es that the Government
servant shall aear in erson
before the in1uirin" authorit! on
such da! and at such time
)ithin 1( )or#in" da!s from the
date of receit b! him of the
articles of char"e and the
statement of the imutations of
misconduct and misbehaviour,
as the in1uirin" authorit! ma!,
b! notice in )ritin", secif!, in
this behalf, or )ithin such
further time, not e6ceedin" 1(
da!s, as the in1uirin" authorit!
ma! allo). & oint has been
raised b! the Sta. Side in the
:ational Council (KC8) that the
rovisions of the above cited
sub4rule are follo)ed more in
breach than in observance since
in1uir! o$cers are not "enerall!
aointed )ithin a short eriod
of servin" of articles of char"e
on the Government servant,
hence it is not ossible for the
Government servant aear
before the %n1uir! G$cer )ithin
1( da!s of receit of the articles
of char"e.
5. %t is hereb! clari0ed that the
rovisions in sub4rule (D) should
be read in con,unction )ith the
rovisions in the recedin" sub4
rule (6), accordin" to )hich the
discilinar! authorit! shall,
)here it is not the in1uirin"
authorit!, for)ard to the
in1uirin" authorit! various
documents includin" articles of
char"e and statement of
imutations of misconduct or
misbehaviour. The re1uirement
of the Government servant
aearin" in erson before the
in1uirin" authorit!, on such da!
and at such time )ithin 1(
)or#in" da!s, as laid do)n in
sub4rule (D) is actuall! )ith
reference to the date of receit
b! the in1uirin" authorit! (and
not the Government servant) of
the articles of char"e and the
statement of the imutations of
misconduct or misbehaviour.
The need for e6editiousl!
aointin" an in1uirin"
authorit!, )herever necessar!,
Note 4.1 4.! 5'(
cannot, ho)ever, be over4
emhasised.
FBett. Gf >ersonnel J
Trainin"7s G8 :o. '3('4HDH954
Cstt. (&), dated 5E
th
Becember,
199'.I
(1# Re:i7ed
Go?e7n@en: se7?an:s
a<<ea7inA as de9en8e
assis:an:s O 8ondi:ions
7eAa7dinA.
The sta. side in the :ational
Council (KC8) had made a
demand for enhancin" the
ceilin" on the number of cases
a retired Government servant
can ta#e u as Befence
&ssistant. %n the li"ht of the
discussion in the meetin" of the
:ational Council in this re"ard,
it has been decided to raise the
limit of cases from 0ve to seven.
9ence in suersession of the
earlier order on the sub,ect, it
has been decided in terms of
rule 14 (E) (b) of the CCS (CC&)
Rules, 1963 that the
ma! ta#e the assistance of a
retired Government servant
sub,ect to the follo)in"
conditions ?4
(i) The retired Government
servant concerned should
have, retired from service
under the Central
Government.

(ii) %f the retired Government
servant is also a le"al
ractitioner, the restrictions
on en"a"in" a le"al
ractitioner b! a delin1uent
Government servant to
resent the case on his
behalf, contained in Rule 14
(E) of the CCS (CC&) Rules,
1963 )ould al!.

(iii) The retired Government
not have, in an! manner,
been associated )ith the
case at investi"ation sta"e
or other)ise in his o$cial
caacit!.

(iv) The retired Government
not act as a defence
assistant in more than seven
cases at a time. The retired
Government servant should
satisf! the in1uirin" o$cer
that he does not have more
than 0ve cases at hand
includin" the case in
1uestion.
G8 :o. 11(15H11H5((54Csts. (&)
dated (3.(5.5(('I.
(1+) Simu!taneous action of
prosecution in a court and initiation
of departmenta! proceedings -
The M.<./. O.M. %o. &06&061':sts.
dated the 7
th
June, ,011 and %o.
&06C6)':sts. dated the
th
.eptember,
,0), state that prosecution shou"d be
the genera" ru"e in a"" cases !hich are
found fit to be sent to $ourt and in !hich
the offences are of bribery, corruption or
other crimina" misconduct invo"ving "oss
of substantia" pub"ic funds and that in
such cases, departmenta" action shou"d
not precede prosecution. #eferences
Note 4.1 4.! 5'1
are being received in this Department
see?ing c"arification as to !hether
departmenta" action can a"so be ta?en,
!here the same matter has been ta?en
up in a court of competent Burisdiction
for prosecution of the 2overnment
servant concerned.
2. >hat may be deduced from the
above instructions is that in serious
cases invo"ving offences such as
bribery6corruption etc., action shou"d be
"aunched for prosecution as a matter of
course. The <onb"e .upreme $ourt
had he"d in their various Budgements,
the important ones being, .tate of
#aBasthan Ds. E.F. Meena +
Others(,00) ) .$$ ,7*, $apt. M. 9au"
/nthony Ds. Eharat 2o"d Mines Gimited
(,000 & .$$ )70*, Fendriya Didya"aya
.angathan + Others Ds. T. .rinivas
(200 ()* .$/G: )7* and %oida
:ntrepreneurs /ssociation Ds. %oida (JT
2007 (2* .$ )20*, that mere"y because
a crimina" tria" is pending, a
departmenta" in7uiry invo"ving the very
same charges as is invo"ved in the
crimina" proceedings is not barred. The
approach and obBective in the crimina"
proceedings and discip"inary
proceedings are a"together distinct and
different. 4n the discip"inary proceedings,
the 7uestion is !hether the respondent
is gui"ty of such conduct as !ou"d merit
his remova" from service or a "esser
punishment, as the case may be,
!hereas in the crimina" proceedings, the
7uestion is !hether the offences
registered against the 2overnment
servant are estab"ished and if
estab"ished, !hat sentence can be
imposed on him. 4n serious nature of
cases "i?e acceptance of i""ega"
gratification, the desirabi"ity of
continuing the concerned 2overnment
servant in service in spite of the serious
charges "eve"ed against him may have
to be considered by the $ompetent
/uthority to proceed !ith departmenta"
action.
&. <o!ever, if the charge in the
crimina" case is of a grave nature !hich
invo"ves comp"icated 7uestions of "a!
and fact, it !ou"d be desirab"e to stay
the departmenta" proceedings ti"" the
conc"usion of the crimina" case. This !i""
depend upon the nature of offence and
the evidence and materia" co""ected
against the 2overnment servant during
investigation or as ref"ected in the
charge'sheet. 4f the crimina" case does
not proceed or its disposa" is being
undu"y de"ayed, the departmenta"
proceedings, even if they !ere ?ept
pending on account of the pendency of
the crimina" case, can be resumed and
proceeded !ith so as to conc"ude them
at an ear"y date, so that if the emp"oyee
is found not gui"ty, his honour may be
vindicated and in case he is found gui"ty,
the administration may get rid of him at
the ear"iest, if the case so !arrants.
. 4n the case of <industan
9etro"eum $orporation Gtd. Ds. .arvesh
Eerry 8200 (,0* .$/G: 9age &0;, it
has been he"d in 9ara 0 that @it is not
desirab"e to "ay do!n any guide"ines as
inf"e5ib"e ru"es in !hich the
departmenta" proceedings may or may
not be stayed pending tria" in crimina"
case against the de"in7uent officer.
:ach case re7uires to be considered in
the bac? drop of its o!n facts and
circumstances. There !ou"d be no bar
to proceed simu"taneous"y !ith
departmenta" in7uiry and tria" of a
crimina" case un"ess the charge in the
crimina" tria" is of grave nature invo"ving
Note 4.1 4.! 5'5
comp"icated 7uestions of fact and "a!.A
The ape5 court has referred to the
conc"usions given in 9ara 22 of $aptain
M. 9au" /nthonys case.
1. 4t is, therefore, c"arified that stay
of discip"inary proceedings is not a must
in every case, !here there is a crimina"
tria" on the very same charges and the
concerned authority may decide on
proceeding !ith the departmenta"
proceedings after ta?ing into
consideration the facts and
circumstances of each case and the
guide"ines given by the <onb"e
.upreme $ourt, as mentioned in the
preceding paragraphs.
8DO9T OM %o. ,,0,26)62007':stt. (/*,
dated ,
st
/ugust, 2007;
1-. A8:ion on inD1i7&
7e<o7:
(1 T;e dis8i<%ina7&
a1:;o7i:&! i9 i: is no: i:se%9
:;e inD1i7inA a1:;o7i:&
@a&! 9o7 7easons :o >e
7e8o7ded >& i: in =7i:inA!
7e@i: :;e 8ase :o :;e
inD1i7inA a1:;o7i:& 9o7
917:;e7 inD1i7& and
7e<o7: and :;e inD1i7inA
a1:;o7i:& s;a%% :;e7e1<on
<7o8eed :o ;o%d :;e
917:;e7 inD1i7& a88o7dinA
:o :;e <7o?isions o9 R1%e
14! as 9a7 as @a& >e.
(2 T;e dis8i<%ina7&
a1:;o7i:& s;a%% 9o7=a7d o7
8a1se :o >e 9o7=a7ded a
8o<& o9 :;e 7e<o7: o9 :;e
inD1i7&! i9 an&! ;e%d >&
o7 =;e7e :;e dis8i<%ina7&
a1:;o7i:& is no: :;e
inD1i7inA a1:;o7i:&! a
8o<& o9 :;e 7e<o7: o9 :;e
inD1i7inA a1:;o7i:&
:oAe:;e7 =i:; i:s o=n
:en:a:i?e 7easons 9o7
disaA7ee@en:! i9 an&!
=i:; :;e CndinAs o9
inD1i7inA a1:;o7i:& on
an& a7:i8%e o9 8;a7Ae :o
=;o s;a%% >e 7eD1i7ed :o
s1>@i:! i9 ;e so desi7es!
;is =7i::en
7e<7esen:a:ion o7
s1>@ission :o :;e
=i:;in C9:een da&s!
i77es<e8:i?e o9 =;e:;e7
:;e 7e<o7: is 9a?o17a>%e
o7 no: :o :;e Go?e7n@en:
se7?an:.
(2A T;e dis8i<%ina7&
a1:;o7i:& s;a%% 8onside7
:;e 7e<7esen:a:ion! i9
an&! s1>@i::ed >& :;e
Go?e7n@en: se7?an: and
7e8o7d i:s CndinAs >e9o7e
<7o8eedinA 917:;e7 in :;e
@a::e7 as s<e8iCed in
s1>$71%es (, and (4.
(') %f the discilinar! authorit!
havin" re"ard to its 0ndin"s
on all or an! of the articles
of char"e is of the oinion
that an! of the enalties
Note 4.1 4.! 5''
seci0ed in clauses (i) to (iv)
of rule 11 should be
imosed on the Government
servant, it shall,
not)ithstandin" an!thin"
contained in rule 16, ma#e
an order imosin" such
enalt!?
)7o?ided :;a: in e?e7& 8ase
=;e7e i: is ne8essa7& :o 8ons1%:
:;e Co@@ission! :;e 7e8o7d o9
:;e inD1i7& s;a%% >e 9o7=a7ded
>& :;e dis8i<%ina7& a1:;o7i:& :o
:;e Co@@ission 9o7 i:s ad?i8e
and s18; ad?i8e s;a%% >e :aBen
in:o 8onside7a:ion >e9o7e
@aBinA an& o7de7 i@<osinA an&
<ena%:& on :;e Go?e7n@en:
se7?an:.
(4 I9 :;e dis8i<%ina7&
a1:;o7i:& ;a?inA 7eAa7d
:o i:s CndinAs on a%% o7
an& o9 :;e a7:i8%es o9
8;a7Ae and on :;e >asis
o9 :;e e?iden8e add18ed
d17inA :;e inD1i7& is o9
:;e o<inion :;a: an& o9
8%a1ses (? :o (i6 o9 71%e
11 s;o1%d >e i@<osed on
:;e Go?e7n@en: se7?an:!
i: s;a%% @aBe an o7de7
i@<osinA s18; <ena%:&
and i: s;a%% no: >e
ne8essa7& :o Ai?e :;e
Go?e7n@en: se7?an: an&
o<<o7:1ni:& o9 @aBinA
7e<7esen:a:ion on :;e
<ena%:& <7o<osed :o >e
i@<osed :
)7o?ided :;a: in e?e7& 8ase
=;e7e i: is ne8essa7& :o 8ons1%:
:;e Co@@ission! :;e 7e8o7d o9
:;e inD1i7& s;a%% >e 9o7=a7ded
>& :;e dis8i<%ina7& a1:;o7i:& :o
:;e Co@@ission 9o7 i:s ad?i8e
and s18; ad?i8e s;a%% >e :aBen
in:o 8onside7a:ion >e9o7e
@aBinA an o7de7 i@<osinA an&
s18; <ena%:& on :;e
Go?e7n@en: se7?an:.
De8isions
(1 *ina% o7de7s :o >e
<assed >& :;e N;iA;e7
dis8i<%ina7& a1:;o7i:&K =;o
ins:i:1:ed :;e enD1i7& :$
Mhen roceedin"s are instituted
b! a +hi"her discilinar!
authorit!/, 0nal orders should
also be assed b! such +hi"her
discilinar! authorit!/ and the
case should not be remitted to a
lo)er discilinar! authorit!, on
the "round that on merits of the
case it is su$cient to imose a
minor enalt! and such minor
enalt! could be imosed b! a
lo)er discilinar! authorit!. %n
such cases the aeal a"ainst
the unishment order of the
+hi"her discilinar! authorit!/
shall lie to the authorit!
rescribed under the CCS (CC&)
Rules, as the aellate authorit!
in resect of such order.
Note 4.1 4.! 5'4
F89& G8 :o. 6H56H6(4Csts.(&)
dated the E
th
Kune, 1965I.
(2 No: a<<7o<7ia:e :o
>7inA in <as: >ad 7e8o7ds
in de8idinA :;e <ena%:&!
1n%ess i: is @ade :;e
s1>Ge8: @a::e7 o9 s<e8iC8
8;a7Ae o9 :;e 8;a7Ae$
s;ee: i:se%9 :$
& 1uestion has arisen )hether
ast bad record of service of an
o$cer can be ta#en into
account in decidin" the enalt!
to be imosed on the o$cer in
discilinar! roceedin"s, and
)hether the fact that such
record has been ta#en into
account should be mentioned in
the order imosin" the enalt!.
This has been e6amined in
consultation )ith the 8inistr! of
-a). %t is considered that if
revious bad record,
unishment etc., of an o$cer is
roosed to be ta#en into
consideration in determinin"
the enalt! to be imosed, it
should be made a seci0c
char"e in the char"e4sheet
itself, other)ise an! mention of
the ast bad record in the order
of enalt! un)ittin"l! or in a
routine manner, )hen this had
not been mentioned in the
char"e4sheet, )ould vitiate the
roceedin"s, and so should be
esche)ed.
FG.%.8.9.&., G8 :o. 1'4H5(H6E4
&QB, dated the 5E
th
&u"ust,
196EI.
(, )assinA o9 o7de7s >& :;e
Dis8i<%ina7& A1:;o7i:& on
:;e 7e<o7: o9 InD1i7&
OI8e7$ Q1i8B dis<osa% o9
8ases :$
The follo)in" items sonsored
b! the Sta. Side of the :ational
Council of the Koint Consultative
8achiner! )ere discussed in
the 9
th
Grdinar! meetin" of the
:ational Council held on 53
th

and 56
th
Setember, 19D( ?4
+Suitable rovisions should be
made in Rule 13 of the CCS
(CC&) Rules, 1963 to ma#e it
obli"ator! on the art of the
Biscilinar! &uthorit! to ass
orders on the en1uir! reort
)ithin a eriod of 13 da!s, to
avoid dela!/.
&fter some discussion, it )as
decided that the G$cial Side
mi"ht e6amine the feasibilit! of
rescribin" a time4limit of t)o
month )ithin )hich the
discilinar! authorit! should
ass the orders on the reort of
the in1uir! o$cer, and re1uirin"
that authorit! to submit a reort
to the ne6t hi"her authorit! in
cases )here the time4limit
cannot be adhered to,
e6lainin" the reasons therefor.
The su""estion of the Sta. Side
has accordin"l! been e6amined
further. %t is felt that, )hile both
in the ublic interest as )ell as
in the interest of emlo!ees no
avoidable dela! should occur in
the disosal of discilinar!
cases, it is necessar! that
su$cient time is available to
the discilinar! authorit! to
al! its mind to all relevant
facts )hich are brou"ht out in
the in1uir! before formin" an
Note 4.1 4.! 5'3
oinion about the imosition of
a enalt!, if an!, on the
Government servant. Mhile,
therefore, it has to be ensured
that 06in" of an! time limit on
the disosal of the in1uir!
reort b! the discilinar!
authorit! b! ma#in" a rovision
in this re"ard in the CCS (CC&)
Rules should not lead to an!
erfunctor! disosal of such
cases, ta#in" all relevant factors
into consideration it is felt that
in cases )hich do not re1uire
consultation )ith the Central
Qi"ilance Commission or the
*>SC, it should normall! be
ossible for the discilinar!
authorit! to ta#e a 0nal decision
on the in1uir! reort )ithin a
eriod of three months at the
most. %n cases )here the
discilinar! authorit! feels that
it is not ossible to adhere to
this time limit, a reort ma! be
submitted b! him to the ne6t
hi"her authorit! indicatin" the
additional eriod )ithin )hich
the case is li#el! to be disosed
of and the reasons for the
same. %n cases re1uirin"
consultation )ith the CQC and
the *>SC also, ever! e.ort
should be made to ensure that
cases are disosed of as 1uic#l!
as ossible.
FCabinet Sectt. (Bett. of
>ersonnel) 8emo :o. '9H4'HD(4
Csts.(&) dated the E
th
Kanuar!,
19D1I.
(,A De%a&s in <assinA
o7de7s >& :;e Dis8i<%ina7&
A1:;o7i:ies ;
%n the G8 :o. '9H4'HD(4Cstt. (&)
dated (E.(1.19D1, it has been
envisa"ed that it should
normall! be ossible for the
discilinar! authorit! to ta#e a
0nal decision on the en1uir!
reort )ithin a eriod of three
months. %n cases )here it is felt
that it is not ossible to adhere
to this time limit, a reort ma!
be submitted to the ne6t hi"her
authorit! indicatin" the
additional eriod re1uired and
reasons for the same. %t should
also be ensured that cases
involvin" consultation )ith the
CQC and *>SC are disosed of
as 1uic#l! as ossible.
5. Thou"h no seci0c time limit
has been rescribed in the
above G8 in resect of cases
)here consultation )ith CQC
and *>SC is re1uired, it is
imerative that the time limit of
three months rescribed for
other cases should be adhered
to in such cases after receit of
the advice of the *>SC.
G8 :o. 11(15H51H9E4Cstt.(&)
dated 11
th
:ovember, 199EI
(4Dis8i<%ina7& 8ases O need
9o7 iss1inA s<eaBinA o7de7s
>& 8o@<e:en: a1:;o7i:ies :$
&s is )ell #no)n and settled b!
courts, discilinar! roceedin"s
a"ainst emlo!ees conducted
under the rovisions of CCS
(CC&) Rules, 1963, or under
other corresondin" rules, are
1uasi4,udicial in nature and as
such, it is necessar! that orders
in such roceedin"s are issued
Note 4.1 4.! 5'6
onl! b! the cometent
authorities )ho have been
seci0ed as
discilinar!HaellateHrevie)in"
authorities under the relevant
rules and the orders issued b!
such authorities should have
the attributes of a ,udicial order.
The Sureme Court, the case of
8ahavir >rasad Qs. State of *.>.
(&%R 19D( SC 1'(5), observed
that recordin" of reasons in
suort of a decision b! a 1uasi4
,udicial authorit! is obli"ator!
as it ensures that the decision is
reached accordin" to la) and is
not a result of ca4rice, )him or
fanc!, or reached on "round of
olic! or e6edienc!. The
necessit! to record reasons is
"reater if the order is sub,ect to
aeal.
5. 9o)ever, instances have
come to the notice of this
Beartment )here the 0nal
orders assed b! the cometent
discilinar!Haellate
authorities do not contain the
reasons on the basis )hereof
the decisions communicated b!
that order )ere reached. Since
such orders ma! not conform to
le"al re1uirements, the! ma!
be liable to be held invalid, if
challen"ed in a court of -a). %t
is, therefore, imressed uon all
concerned that the authorities
e6ercisin" discilinar! o)ers
should issue self4contained
sea#in" and reasoned orders
conformin" to the aforesaid
le"al re1uirements.
'. %nstances have also come to
notice )here, thou"h the
decisions in
discilinar!Haellate cases
)ere ta#en b! the cometent
discilinar!Haellate
authorities in the 0les, the 0nal
orders )ere not issued b! that
authorit! but onl! b! a lo)er
authorit!. &s mentioned above,
the discilinar!HaellateH
revie)in" authorities e6ercise
1uasi4,udicial o)ers and as
such, the! cannot dele"ate their
o)ers to their subordinates. %t
is therefore, essential that the
decision ta#en b! such
authorities are communicated
b! the cometent authorit!
under their o)n si"natures, and
the order so issued should
coml! )ith the le"al
re1uirements as indicated in the
recedin" ara"rahs. %t is onl!
in those cases )here the
>resident is the rescribed
discilinar!HaellateHrevie)in"
authorit! and )here the
8inister concerned has
considered the case and "iven
his orders that an order ma! be
authenticated b! an o$cer, )ho
has been authorised to
authenticate orders in the name
of the >resident.
FBett. of >ersonnel J &.R. G8
:o. 1'4H1HE14&QB4% dated
1'.(D.19E1I
(- S1<<%& o9 8o<& o9
inD1i7& 7e<o7: :o :;e
a881sed Go?e7n@en:
se7?an: >e9o7e Cna%
Note 4.1 4.! 5'D
o7de7s a7e <assed >& :;e
dis8i<%ina7& a1:;o7i:&.
The issue as to )hether in
cases, )here the discilinar!
authorit! itself is not the in1uir!
o$cer, a co! of the in1uir!
reort should be furnished to
servant to enable him to ma#e
his submissions, if an!, before
the discilinar! authorit! in
re"ard to the 0ndin"s of the
reort, before such authorit!
asses its 0nal orders, has been
e6amined. The constitutional
re1uirements laid do)n in
Constitution of %ndia, and the
rovisions of Rule 13 and 1D of
the CCS (CC&) Rules, 1963 and
rulin"s of the various benches
of the Central &dministrative
Tribunal and of various courts
on the matter have been #et in
vie).
5. The full bench of the Central
&dministrative Tribunal in the
case of >rem :ath Sharma Qs.
*nion of %ndia (reresented b!
8inistr! of Rail)a!s) have held
that to ful0l the constitutional
re1uirement of a.ordin" a
reasonable oortunit!, it is
necessar! that in all cases
)here the discilinar! authorit!
is itself not the in1uir!
authorit!, a co! of the in1uir!
reort shall be furnished to the
accused Government servant to
enable him to ma#e his
submissions in re"ard to the
0ndin"s of the in1uir!, before
the discilinar! authorit! asses
its order imosin" the enalt!.
Mhile "ivin" its verdict, the full
bench had ta#en into account
the rulin"s of the various courts
ronounced earlier on this
issue. &lthou"h the secial
leave etition 0led b! the
8inistr! of Rail)a!s a"ainst the
aforesaid ,ud"ment has been
admitted for hearin" and a sta!
order has been "ranted b! the
Sureme Court a"ainst its
oeration, the various benches
of the Tribunal continue to
follo) the ratio laid do)n b! the
full bench. The secial leave
etitions 0led b! the concerned
8inistries and Beartments in
some of the subse1uent cases
have not been admitted b! the
Sureme Court. %n another
similar case of C. <ash!am Qs.
Beartment of &tomic Cner"!,
in the secial leave etition 0led
b! the Beartment a"ainst the
,ud"ment of the C&T, the
Sureme Court has e6ressed
its vie) in favour of the
rincile laid do)n b! the
Tribunal, but directed that the
matter be referred to a lar"er
bench of the court.
'. %n the li"ht of the aforesaid
,ud"ments, the matter has been
the Beartment of -e"al &.airs
and it has been decided that in
al cases, )here an in1uir! has
been held in accordance )ith
the rovisions of Rule 14 of the
CCS (CC&) Rules, the
discilinar! authorit!, if it is
di.erent from the in1uir!
authorit! shall before ma#in" a
Note 4.1 4.! 5'E
0nal order in the case, for)ard a
co! of the in1uir! reort to the
)ith the follo)in"
endorsement ?4
+The reort of the %n1uir!
G$cer is enclosed. The
Biscilinar! &uthorit! )ill ta#e a
suitable decision after
considerin" the reort. %f !ou
)ish to ma#e an!
reresentation or submission,
!ou ma! do so in )ritin" to the
Biscilinar! &uthorit! )ithin 13
da!s of receit of this letter./
4. The aforesaid instructions
)ill oerate rosectivel! from
the date of issue and
accordin"l! )ill al! onl! in
cases )here the discilinar!
authorit! is !et to ass orders.
>ast cases need not be
reoened for consideration.
These instructions )ill be
revie)ed after the 0nal decision
of the Sureme Court in the
case of >rem :ath T. Sharma
and C. <ash!am.
3. 8inistr! of &"riculture, etc.
are re1uested to brin" the
above instructions to the notice
of all &dministrative &uthorities
under their control for
comliance in all future cases
includin" those in )hich the
Central &dministrative Tribunal
has directed that a co! of the
in1uir! reort be furnished to
servant before the Biscilinar!
&uthorit! asses the order. %n
such cases the directive of the
C&T should be comlied )ith
and no S-> should be 0led.
9o)ever, in cases )here the
S->s on this issue are endin"
before the Sureme Court, the
concerned
8inistriesHBeartments ma!
continue to ursue the cases for
havin" an earl! hearin" and an
authoritative rulin" on the
issue.
FBett. of >ersonnel J Trainin"7s
11(15H1'HE34Cstt. Bated 56
th

Kune, 19E9I.
(-A Reasons 9o7
disaA7ee@en:! i9 an& s;o1%d
>e 8o@@1ni8a:ed O
The Sureme Court has decided
the matter 0nall! in its
,ud"ment dated (1.1(.199' in
the case of 8ana"in" Birector
(CC%-), 9!derabad Qs. <.
Taruna#ar (KT 199' (6) SC.%). %t
has been held b! the Sureme
Court that )herever the Service
Rules contemlate an in1uir!
before a unishment is a)arded
and )hen the in1uir! o$cer is
not the discilinar! authorit!,
the delin1uent emlo!ee )ill
have the ri"ht to receive the
in1uir! o$cer7s reort
not)ithstandin" the nature of
the unishment. :ecessar!
amendment rovidin" for
sul! of co! of the in1uir!
o$cer7s reort to the delin1uent
emlo!ee has been made in
1963 vide :oti0cation :o.
11(15H4H944Cstt. (&) dated
('.(3.1993. &ll discilinar!
authorities are, therefore,
re1uired to coml! )ith the
Note 4.1 4.! 5'9
above mentioned re1uirement
)ithout failure in all cases.
5. & 1uestion has been raised
in this connection )hether the
discilinar! authorit!, )hen he
decides to disa"ree )ith the
in1uir! reort, should also
communicate the reasons for
such disa"reement to the
char"ed o$cer. The issue has
)ith the 8inistr! of -a) and it
has been decided that )here
the %n1uirin" &uthorit! holds a
char"e as not roved and the
discilinar! authorit! ta#es a
contrar! vie), the reasons for
such disa"reement in brief
must be communicated to the
char"ed o$cer alon" )ith the
Reort of %n1uir! so that the
char"ed o$cer can ma#e an
e.ective reresentation. This
rocedure )ould re1uire the
Biscilinar! &uthorit! to 0rst
e6amine the reort as er the
laid do)n rocedure and
formulate its tentative vie)s
before for)ardin" the Reort of
%n1uir! to the char"ed o$cer.
Trainin" G8 :o. 11(15H55H944
Cstt. (&) dated 5D.11.1993I
(#J17isdi8:ion o9 :;e CAT in
:;e @a::e7 o9 D1an:1@ o9
<ena%:& aAains: Go?e7n@en:
se7?an:s ;
Sureme Court ,ud"ment in
case of >arma :anda Qs. State
of 9ar!ana and others.
& number of cases have come
to the notice of this Beartment
)here the C&T, thou"h a"reein"
)ith the decision of the
discilinar! authorit! to hold the
char"es a"ainst a delin1uent
Government servant as roved,
have modi0ed the 1uantum of
enalt! on their o)n discretion.
The 1uestion )hether the
Tribunal could interfere )ith the
enalt! a)arded b! the
cometent authorit! on the
"round that it is e6cessive or
disroortionate to the
misconduct roved, )as
e6amined b! the Sureme Court
in the case of Shri >arma :anda
Qs. State of 9ar!ana and other
F19E9 (5) Sureme Court Cases
1DDI and the Court held that the
Tribunal could e6ercise onl!
such o)ers )hich the civil
courts or the 9i"h Courts could
have e6ercised b! )a! of
,udicial revie). The Surme
Court in that case further
observed as under ?
SS SS
SS
The ,urisdiction of the Tribunal
to interfere )ith the discilinar!
matters or unishment cannot
be e1uated )ith an aellate
,urisdiction. The Tribunal cannot
interfere )ith the 0ndin"s of the
%n1uir! G$cer or cometent
authorit! )here the! are not
arbitrar! or utterl! erverse.
The o)er to imose enalt! on
a delin1uent o$cer is conferred
on the cometent authorit!
either b! an &ct of le"islature or
rules made under the roviso to
&rt. '(9 of the Constitution. %f
Note 4.1 4.! 54(
there has been an en1uir!
consistent )ith the rules and in
accordance )ith rinciles of
natural ,ustice )hat unishment
)ould meet the ends of ,ustice
is a matter e6clusivel! )ithin
the ,urisdiction of the
cometent authorit!. %f the
enalt! can la)full! be imosed
and is imosed on the roved
misconduct, the Tribunal has no
o)er to substitute its o)n
discretion for that of the
authorit!. The ade1uac! of
enalt! unless it is mala0de is
certainl! not a matter for the
Tribunal to concern itself )ith.
The Tribunal also cannot
interfere )ith the enalt! if the
conclusion of the %n1uir! G$cer
or the cometent authorit! is
based on evidence even if some
of it is found to be irrelevant or
e6traneous to the matter.
SS SS
SS
Me ma!, ho)ever, carve out
one e6cetion to this roosal.
There ma! be cases )here the
enalt! is imosed under
Clause (a) of the second roviso
to &rticle '11 (5) of the
Constitution. Mhere the erson
)ithout in1uir! is dismissed,
removed or reduced in ran#
solel! on the basis of conviction
of a criminal court, the Tribunal
ma! e6amine the ade1uac! of
the enalt! imosed in the li"ht
of the conviction and sentence
inLicted on the erson. %f the
enalt! imosed is aarentl!
unreasonable or uncalled for,
havin" re"ard to the nature of
the criminal char"e, the Tribunal
ma! ste in to render
substantial ,ustice. The Tribunal
ma! remit the matter to the
cometent authorit! for
reconsideration or b! itself
substitute one of the enalties
rovided under Clause (a)./
G8 :o. 11(15H1H9(4Csts.(&)
dated 5E4(54199(I
(#A J17isdi8:ion o9 :;e
CAT in :;e @a::e7 o9
dis8i<%ina7& a8:ion aAains:
Go?e7n@en: se7?an:s O
%n the case of State <an# of
%ndia Qs. Samarendra Tishore
Cndo) (1994(1) S-R 316) also
the Sureme Court has held
that a 9i"h Court or Tribunal has
no o)er to substitute its o)n
discretion for that of the
authorit!.
5. %n this Kud"ment the
Sureme Court has observed as
under ?
Gn the 1uestion of unishment,
learned counsel for the
resondent submitted that the
unishment a)arded is
e6cessive and that lesser
unishment )ould meet the
ends of ,ustice. %t ma! be
noticed that the imosition of
aroriate unishment is
)ithin the discretion and
,ud"ment of the discilinar!
authorit!. %t ma! be oen to the
aellate authorit! to interfere
)ith it but not to the 9i"h Court
or to the &dministrative Tribunal
Note 4.1 4.! 541
for the reason that the
,urisdiction of the Tribunal is
similar to the o)ers of the
9i"h Court under &rticle 556.
The o)er under &rticle 556 is
one of ,udicial revie). %t +is not
an aeal from a decision, but a
revie) of the manner in )hich
the decision )as made/. %n
other )ords the o)er of
,udicial revie) is meant +to
ensure that the individual
received fair treatment and not
to ensure that the authorit!,
after accordin" fair treatment,
reaches on a matter )hich it is
authori2ed b! la) to decide for
itself a conclusion )hich is
correct in the e!es of the
Court./
XX XX XX
%t )ould erhas be aroriate
to mention at this sta"e that
there are certain observations
in *nion of %ndia Qs. Tulsiram
>atel (&%R 19E3 SC 1416) )hich,
at 0rst loo# aear to sa! that
the Court can interfere )here
the enalt! imosed is
+arbitrar! or "rossl! e6cessive
or out of all roortion to the
o.ence committed or not
)arranted b! the facts and
circumstances of the case or
the re1uirements of that
articular Government service./
%t must, ho)ever, be
remembered that Tulsiram >atel
dealt )ith cases arisin" under
roviso (a) to &rticle '11(5) of
the Constitution. Tulsiram >atel
overruled the earlier decision of
this Court in Challaan (&%R
19D3 SC 5516). Mhile holdin"
that no notice need be "iven
before imosin" the enalt! in a
case dealt )ith under the said
roviso, the Court held that if a
disroortionate or harsh
unishment is imosed b! the
discilinar! authorit!, it can be
corrected either b! the
&ellate Court or b! 9i"h
Court. These observations are
not relevant to cases of enalt!
imosed after re"ular in1uir!.
G8 :o. 11(15H6H944Cstt. (&)
dated 5E.('.1994I
1#. )7o8ed17e 9o7
i@<osinA @ino7
<ena%:ies
(1) Sub,ect to the rovisions of
sub4rule (') of rule 13, no
order imosin" on a
Government servant an! of
the enalties seci0ed in
clause (i) to (iv) of rule 11
shall be made e6cet after4
(a) informin" the Government
servant in )ritin" of the
roosal to ta#e action
a"ainst him and of the
imutations of misconduct
or misbehaviour on )hich it
is roosed to be ta#en, and
"ivin" him reasonable
oortunit! of ma#in" such
reresentation as he ma!
)ish to ma#e a"ainst the
roosal@
Note 4.1 4.! 545
(b) holdin" an in1uir! in the
manner laid do)n in sub4
rules (') to (5') of rule 14, in
ever! case in )hich the
discilinar! authorit! is of
the oinion that such in1uir!
is necessar!@
(c) ta#in" the reresentation, if
an!, submitted b! the
clause (a) and the record of
in1uir!, if an!, held under
clause (b) into
consideration@
(d) recordin" a 0ndin" on each
imutation or misconduct or
misbehaviour@ and
(e) consultin" the Commission
)here such consultation is
necessar!.
(14&) :ot)ithstandin" an!thin"
contained in clause (b) of
sub4rule (1), if in a case it is
roosed after considerin"
the reresentation, if an!,
made b! the Government
servant under clause (a) of
that sub4rule, to )ithhold
increments of a! and such
)ithholdin" of increments is
li#el! to a.ect adversel! the
amount of ension a!able
to the Government servant
or to )ithhold increments of
a! for a eriod e6ceedin"
three !ears or to )ithhold
increments of a! )ith
cumulative e.ect for an!
eriod, an in1uir! shall be
held in the manner laid
do)n in sub4rules (') to (5')
of Rule 14, before ma#in"
an! order imosin" on the
Government servant an!
such enalt!.
(5) The record of the
roceedin"s in such cases
shall include4
(i) a co! of the intimation to
the Government servant of
the roosal to ta#e action
a"ainst him@
(ii) a co! of the statement of
imutations of misconduct
or misbehaviour delivered to
him@
(iii) his reresentation, if an!@
(iv) the evidence roduced
durin" the in1uir!@
(v) the advice of the
Commission, if an!@
(vi) the 0ndin"s on each
imutation of misconduct or
misbehaviour@ and
(vii) the orders on the case
to"ether )ith the reasons
therefor.
Go?e7n@en: o9 IndiaKs De8ision
:
(1 EnD1i7& @anda:o7&
in 8e7:ain :&<es o9 :;e
<ena%:& o9 =i:;o%dinA o9
in87e@en:s :$
Note 4.1 4.! 54'
%t has been decided in the
meetin" of :ational Council
held on the 6
th
and D
th

:ovember, 196D, that in cases
)here increments are )ithheld
for a eriod of more than three
!ears or )here increments are
stoed )ith cumulative e.ect
or )here such stoa"e is li#el!
to a.ect adversel! the
ensionar! entitlement, the
rocedure of holdin" an en1uir!
should invariabl! be follo)ed.
&s the 8inistr! of =inance etc.
are a)are, clause (b) of sub4rule
(1) of rule 16 of the CCS (CC&)
Rules, 1963 ma#es rovisions
for holdin" an en1uir! in the
manner laid do)n in sub4rules
(') to (5') of rule 14 ibid in
ever! case in )hich the
discilinar! authorit! is of the
oinion that such an in1uir! is
necessar!. %n vie) of the
decision of the :ational Council,
mentioned in the recedin"
ara"rah, it has been decided
that, not)ithstandin" the
rovision contained in rule 16
(1) (b) of the CCS (CC&) Rules,
1963, if in a case it is roosed,
after considerin" that
reresentation, if an!,
submitted b! a Government
servant, to )ithhold increments
of a! for a eriod e6ceedin"
three !ears or to )ithhold
increments of a! )ith
cumulative e.ect for an! eriod
or if the enalt! of )ithholdin"
of increments is li#el! to a.ect
adversel! the amount of
ension a!able to the
Government servant, an en1uir!
shall invariabl! be held in the
manner laid do)n in sub4rules
(') to (5') of rule 14 ibid.
F89& G8 :o. DH'H6D4Csts.(&)
dated the 19
th
Kanuar!, 196EI
(2 4ino7 )ena%:& O
;o%dinA o9 inD1i7& in s<e8iC8
8i781@s:an8es :$
The Sta. Side of the Committee
of the :ational Council (KC8) set
u to consider revision of CCS
(CC&) Rules, 1963 had
su""ested that Rule 16 (1)
should be amended so as to
rovide for holdin" an in1uir!
even for imosition of minor
enalt!, if the accused
emlo!ee re1uested for such an
in1uir!.
5. The above su""estion has
been "iven a detailed
consideration. Rule 16 (14&) of
the CCS (CC&) Rules, 1963
rovide for the holdin" of an
in1uir! even )hen a minor
enalt! is to be imosed in the
circumstances indicated
therein. %n other cases, )here a
minor enalt! is to be imosed,
Rule 16 (1) ibid leaves it to the
discretion of discilinar!
authorit! to decide )hether an
in1uir! should be held or not.
The imlication of this rule is
that on receit of reresentation
of Government servant
concerned on the imutations of
misconduct or misbehavior
communicated to him, the
al! its mind to all facts and
circumstances and the reasons
ur"ed in the reresentation for
Note 4.1 4.! 544
holdin" a detailed in1uir! and
form an oinion )hether an
in1uir! is necessar! or not. %n
case )here a delin1uent
Government servant has as#ed
for insection of certain
documents and cross
e6amination of the rosecution
)itnesses, the discilinar!
authorit! should naturall! al!
its mind more closel! to the
re1uest and should not re,ect
the re1uest solel! on the "round
that in in1uir! is not mandator!.
%f the records indicate that,
not)ithstandin" the oints
ur"ed b! the Government
servant, the discilinar!
authorit! could, after due
consideration, come to the
conclusion that an in1uir! is not
necessar!, it should sa! so in
)ritin" indicatin" its reasons,
instead of re,ectin" the re1uest
for holdin" in1uir! summaril!
)ithout an! indication that it
has alied its mind to the
re1uest, as such an action could
be construed as denial of
natural ,ustice.
G8 :o. 11(151EHE34Csts.(&)
dated 5E
th
Gctober, 19E3I
1.. Co@@1ni8a:ion o9
O7de7s
O7de7s @ade >& :;e
dis8i<%ina7& a1:;o7i:& s;a%% >e
8o@@1ni8a:ed :o :;e
Go?e7n@en: se7?an: =;o s;a%%
a%so >e s1<<%ied =i:; a 8o<& o9
i:s CndinA on ea8; a7:i8%e o9
8;a7Ae! o7 =;e7e :;e
dis8i<%ina7& a1:;o7i:& is no: :;e
inD1i7inA a1:;o7i:&! a
s:a:e@en: o9 :;e CndinAs o9
:oAe:;e7 =i:; >7ie9 7easons 9o7
i:s disaA7ee@en:! i9 an&! =i:;
:;e CndinAs o9 :;e inD1i7inA
a1:;o7i:& and a%so a 8o<& o9
:;e ad?i8e! i9 an&! Ai?en >& :;e
Co@@ission! and =;e7e :;e
dis8i<%ina7& a1:;o7i:& ;as no:
a88e<:ed :;e ad?i8e o9 :;e
Co@@ission! a >7ie9 s:a:e@en:
o9 :;e 7easons 9o7 s18; non$
a88e<:an8e.
De8ision
(1En:7& o9 <1nis;@en:s in
8onCden:ia% 7o%%s :$
%t has been decided that if as a
result of discilinar!
roceedin"s an! of the
rescribed unishments (e.".
censure, reduction to a lo)er
ost etc.) is imosed on a
Government servant, a record
of the same should invariabl!
be #et in his con0dential roll.
FG.%., 89& G8 :o. 'EH15H394
Csts.(&) dated the 5'
rd
&ril,
196(I.
1/. Co@@on
)7o8eedinAs
(1 W;e7e :=o o7 @o7e
Go?e7n@en: se7?an:s a7e
8on8e7ned in an& 8ase!
:;e )7esiden: o7 an&
o:;e7 a1:;o7i:&
8o@<e:en: :o i@<ose :;e
<ena%:& o9 dis@issa% 97o@
Note 4.1 4.! 543
se7?i8e on a%% s18;
Go?e7n@en: se7?an:s
@a& @aBe an o7de7
di7e8:inA :;a:
dis8i<%ina7& a8:ion
aAains: a%% o9 :;e@ @a&
>e :aBen in a 8o@@on
<7o8eedinA.
NOTE$
I9 :;e a1:;o7i:ies 8o@<e:en: :o
i@<ose :;e <ena%:& o9 dis@issa%
on s18; Go?e7n@en: se7?an:s
a7e diLe7en:! an o7de7 9o7
:aBinA dis8i<%ina7& a8:ion in a
8o@@on <7o8eedinA @a& >e
@ade >& :;e ;iA;es: o9 s18;
a1:;o7i:ies =i:; :;e 8onsen: o9
:;e o:;e7s.
(2 S1>Ge8: :o :;e
<7o?isions o9 s1>$71%e (4
o9 71%e 12! an& s18; o7de7
s;a%% s<e8i9&$
(i :;e a1:;o7i:& =;i8;
@a& 91n8:ion as :;e
dis8i<%ina7& a1:;o7i:& 9o7
:;e <17<ose o9 s18;
8o@@on <7o8eedinAF
(ii :;e <ena%:ies s<e8iCed
in 71%e 11 =;i8; s18;
s;a%% >e 8o@<e:en: :o
i@<oseF
(iii =;e:;e7 :;e <7o8ed17e
%aid do=n in 71%e 14 and
71%e 1- o7 71%e 1# s;a%% >e
9o%%o=ed in :;e
<7o8eedinA.
Ins:718:ions
(1 )7o8ed17e o9
enD1i7& =;en :=o
Go?e7n@en: se7?an:s
a881se ea8; o:;e7 :$
%n a recent case, t)o
Government emlo!ees )or#in"
in the same o$ce made
comlaints a"ainst each other.
The discilinar! authorit!
initiated deartmental
roceedin"s a"ainst both the
emlo!ees under Rule 1E of the
CCS (CC&) Rules. The 1uestion
)hether it is le"all! ermissible
to en1uire into the conduct of
the accused and the accuser in
one ,oint roceedin" )as
the 8inistr! of -a). Cross
comlaints arisin" out of the
same or connected incident or
transaction are not uncommon,
and occur fre1uentl! in criminal
cases. The Code of Criminal
>rocedure is silent )ith re"ard
to the rocedure to be adoted
in such cases. The "eneral
rincile as laid do)n b! the
Courts is that the accused in
cross cases should be tried
searatel! and that both the
trials should be held
simultaneousl! or in 1uic#
succession so as to avoid
conLictin" 0ndin"s and di.erent
araisal of the same evidence.
Gn the analo"! of the criminal
la) ractice and rocedure, a
,oint roceedin" a"ainst the
accused and accuser is an
irre"ularit! )hich should be
Note 4.1 4.! 546
avoided. This should be noted
for future "uidance.
FG.%. 89& -etter :o. 6H9EH6'4
&QB dated the 1'
th
Kune, 196'I.
1". S<e8ia% <7o8ed17e
in 8e7:ain 8ases
No:=i:;s:andinA an&:;inA
8on:ained in 71%e 14 :o 71%e 1/$
(i) )here an! enalt! is
imosed on a Government
servant on the "round of
conduct )hich has led to his
conviction on a criminal
char"e, or
(ii) )here the discilinar!
authorit! is satis0ed for
reasons to be recorded b! it
in )ritin" that it is not
reasonabl! racticable to
hold an in1uir! in the
manner rovided in these
rules, or
(iii) )here the >resident is
satis0ed that in the interest
of the securit! of the State,
it is not e6edient to hold
an! in1uir! in the manner
rovided in these rules,
the discilinar! authorit! ma!
consider the circumstances of the
case and ma#e such orders thereon
as it deems 0t?
>rovided that the Government
servant ma! be "iven an
oortunit! of ma#in"
reresentation on the enalt!
roosed to be imosed before an!
order is made in a case under
clause (i)?
>rovided further that the
Commission shall be consulted,
necessar!, before an! orders are
made in an! case under this rule.
De8isions :
(1 S8o<e o9
se8ond <7o?iso :o A7:i8%e
,11 (2 o9 :;e Cons:i:1:ion ?4
The ,ud"ment delivered b! the
Sureme Court on 11.(D.E3 in
the case of Tulsi Ram >atel and
others has been the cause of
much controvers!. The
arehension caused b! the
,ud"ment is merel! due to an
inade1uate areciation of the
oint clari0ed in this ,ud"ment
and in the subse1uent
,ud"ement of the Sureme
Court delivered on Setember
15, 19E3 in the case of Sat!avir
Sin"h and others (Civil &eal
:o. 545 of 19E5 and Civil
&eal :o. 3D6 of 19E5). %t is,
therefore, imerative to clarif!
the issue for the bene0t and
"uidance of all concerned.
5. %n the 0rst lace it ma! be
understood that the Sureme
Court in its ,ud"ment has not
established an! ne) rincile of
la). %t has onl! clari0ed the
constitutional rovisions, as
embodied in &rticle '11 (5) of
the Constitution. %n other
)ords, the ,ud"ment does not
ta#e a)a! the constitutional
Note 4.1 4.! 54D
rotection "ranted to
"overnment emlo!ees b! the
said &rticle, under )hich no
"overnment emlo!ee can be
dismissed, removed or reduced
in ran# )ithout an in1uir! in
)hich he has been informed of
the char"es a"ainst him and
"iven a reasonable oortunit!
to defend himself. %t is onl! in
three e6cetional situations
listed in clauses (a), (b) and (c)
of the second roviso to &rticle
'11 (5) that the re1uirement of
holdin" such an in1uir! ma! be
disensed )ith.
'. Cven under these three
e6cetional circumstances, the
,ud"ment does not "ive
unbridled o)er to the
cometent authorit! )hen it
ta#es action under an! of the
three clauses in the second
roviso to &rticle '11 (5) of the
Constitution or an! service rule
corresondin" to it. The
cometent authorit! is
e6ected to e6ercise its o)er
under this roviso after due
caution and considerable
alication of mind. The
rinciles to be #et in vie) b!
the cometent authorit! )hile
ta#in" action under the second
roviso to &rticle '11 (5) or
corresondin" service rules
have been de0ned b! the
Sureme Court itself. These are
reroduced in the succeedin"
ara"rahs for the information,
"uidance and comliance of all
concerned.
4. Mhen action is ta#en under
clause (a) of the second roviso
Constitution or rule 19 (1) of the
CCS (CCJ&) Rules, 1963 or an!
other service rule similar to it,
the 0rst re4re1uisite is that the
discilinar! authorit! should be
a)are that a Government
servant has been convicted on
criminal char"e. <ut this
a)areness alone )ill not su$ce.
9avin" come to #no) of the
conviction of a Government
servant on a criminal char"e,
the discilinar! authorit! must
consider )hether his conduct,
)hich had led to his conviction,
)as such as )arrants the
imosition of a enalt! and if
so, )hat that enalt! should be.
=or that urose, it )ill have to
eruse the ,ud"ment of the
criminal court and consider all
the facts and circumstances of
the case. %n considerin" the
matter, the discilinar!
authorit! )ill have to ta#e into
account the entire conduct of
the delin1uent emlo!ee, the
"ravit! of the misconduct
committed b! him, the imact
)hich his misconduct is li#el! to
have on the administration and
other e6tenuatin"
circumstances or redeemin"
features. This ho)ever, has to
be done b! the discilinar!
authorit! b! itself. Gnce the
discilinar! authorit! reaches
"overnment servant7s conduct
)as blame)orth! and
unishable, it must decide uon
Note 4.1 4.! 54E
the enalt! that should be
imosed on the Government
servant. (The osition has been
under"one a chan"e )ith
incororation of 0rst roviso to
Rule 19, )hich ma! be #et in
vie)). This too has to be done
b! the discilinar! authorit! b!
itself. The rincile, ho)ever,
to be #et in mind is that the
enalt! imosed uon the civil
servant should not be "rossl!
e6cessive or out of all
roortion to the o.ence
committed or one not )arranted
b! the facts and circumstances
of the case.
3. &fter the cometent
authorit! asses the re1uisite
orders as indicated in the
recedin" ara"rah, a
Government servant )ho is
a""rieved b! it can a"itate in
aeal, revision or revie), as
the case ma! be, that the
enalt! )as too severe or
e6cessive and not )arranted b!
the facts and circumstances of
the case. %f it is his case that he
is not the erson )ho )as in
fact, convicted, he can also
a"itate this 1uestion in aeal,
revision or revie). %f he fails in
all the deartmental remedies
available to him and still )ants
to ursue the matter, he can
see# ,udicial revie). The court
()hich term )ill include a
Tribunal havin" the o)ers of a
court) )ill "o into the 1uestion
)hether imu"ned order is
arbitrar! or "rossl! e6cessive or
out of all roortion to the
o.ence committed, or not
)arranted b! the facts and
circumstances of the case or
the re1uirements of the
articular service to )hich the
"overnment servant belon"s.
6. Comin" to clause (b) of the
second roviso to &rticle '11
(5), there are t)o conditions
recedent )hich must be
satis0ed before action under
this clause is ta#en a"ainst a
"overnment servant. These
conditions are ?4
(i) There must e6ist a situation
)hich ma#es the holdin" of
an in1uir! contemlated b!
&rticle '11 (5) not
reasonabl! racticable.
Mhat is re1uired is that
holdin" of in1uir! is not
racticable in the oinion of
the reasonable man ta#in" a
reasonable vie) of the
revailin" situation. %t is not
ossible to enumerate all
the cases in )hich it )ould
not be reasonabl!
racticable to hold the
in1uir!. %llustrative cases
)ould be ?4
(a) Mhere a civil servant,
throu"h or to"ether )ith his
associates, terrorises,
threatens or intimidates
)itnesses )ho are li#el! to
"ive evidence a"ainst him
)ith fear of rerisal in order
to revent them from doin"
so@ or
(b) )here the civil servant b!
himself or )ith or throu"h
others threatens, intimidates
and terrorises the o$cer
Note 4.1 4.! 549
)ho is discilinar! authorit!
or members of his famil! so
that the o$cer is afraid to
hold the in1uir! or direct it
to be held@ or
(c) )here an atmoshere of
violence or of "eneral
indisciline and
insubordination revails at
the time the attemt to hold
the in1uir! is made.
The discilinar! authorit! is not
e6ected to disense )ith a
discilinar! in1uir! li"htl! or
arbitraril! or out of ulterior
motives or merel! in order to
avoid the holdin" of an in1uir!
or because the Beartment7s
case a"ainst the civil servant is
)ea# and is, therefore, bound to
fail.
(ii) &nother imortant condition
recedent to the alication
of clause (b) of the second
roviso to &rticle '11 (5), or
rule 19 (ii) of the CCS (CC&)
Rules, 1963 or an! other
similar rule is that the
record in )ritin" the reason
or reasons for its satisfaction
that it )as not reasonabl!
racticable to hold the
in1uir! contemlated b!
&rticle '11 (5) or
corresondin" rovisions in
the service rules. This is a
constitutional obli"ation
and, if the reasons are not
recorded in )ritin", the
order disensin" )ith the
in1uir! and the order of
enalt! follo)in" it )ould
both be void and
unconstitutional. %t should
also be #et in mind that the
recordin" in )ritin" of the
reasons for disensin" )ith
the in1uir! must recede an
order imosin" the enalt!.
-e"all! sea#in", the
reasons for disensin" )ith
the in1uir! need not 0nd a
lace in the 0nal order itself,
thou"h the! should be
recorded searatel! in the
relevant 0le. %n site of this
le"al osition, it )ould be of
advanta"e to incororate
brieL! the reasons )hich led
the discilinar! authorit! to
the conclusion that it )as
not reasonabl! racticable
to hold an in1uir!, in the
order of enalt!. Mhile the
reasons so "iven ma! be
brief, the! should not be
va"ue or the! should not be
,ust a reetition of the
lan"ua"e of the relevant
rules.
D. %t is true that the &rticle '11
(') of the Constitution rovides
that the decision of the
cometent authorit! under
clause (b) of the second roviso
to &rticle '11 (5) shall be 0nal.
Conse1uentl!, the decision of
the cometent authorit! cannot
be 1uestioned in aeal,
revision or revie). This 0nalit!
"iven to the decision of the
cometent authorit! is,
ho)ever, not bindin" on a Court
(or Tribunal havin" the o)ers
of a Court) so far as its o)er of
,udicial revie) is concerned, and
Note 4.1 4.! 53(
the court is cometent to stri#e
do)n the order disensin" )ith
the in1uir! as also the order
imosin" enalt!, should such a
course of action be considered
necessar! b! the court in the
circumstances of the case. &ll
discilinar! authorities should
#ee this factor in mind )hile
formin" the oinion that it is not
reasonabl! racticable to hold
an in1uir!.
E. &nother imortant "uidelines
)ith re"ard to this clause )hich
needs to be #et in mind is that
a civil servant )ho has been
dismissed or removed from
service or reduced in ran# b!
al!in" to his case clause (b)
of the second roviso to &rticle
'11 (5) or an analo"ous service
rule can claim in aeal or
revision that an in1uir! should
be held )ith resect to the
char"es on )hich such enalt!
has been imosed uon him,
unless a situation envisa"ed b!
the second roviso is revailin"
at the hearin" of the aeal or
revision alication. Cven in
such a case the hearin" of the
aeal or revision alication
should be ostoned for a
reasonable len"th of time for
situation to return to normal.
9. &s re"ards action under
clause (c) of the second roviso
Constitution, )hat is re1uired
under this clause is the
satisfaction of the >resident or
the Governor, as the case ma!
be, that in the interest of the
securit! of the State, it is not
e6edient to hold an in1uir! as
contemlated b! &rticle '11 (5).
This satisfaction is for the
>resident or the Governor as a
constitutional authorit! arrived
at )ith the aid and advice of his
Council of 8inisters. The
satisfaction so reached b! the
>resident or the Governor is
necessaril! a sub,ective
satisfaction. The reasons for
this satisfaction need not be
recorded in the order of
dismissal, removal or reduction
in ran#@ nor can it be made
ublic. There is no rovision for
deartmental aeal or other
deartmental remed! a"ainst
the satisfaction reached b! the
>resident or the Governor. %f,
ho)ever, the in1uir! has been
disensed )ith b! the >resident
or the Governor and the order
of enalt! has been assed b!
discilinar! authorit!
subordinate thereto, a
deartmental aeal or revision
)ill lie. %n such an aeal or
revision, the civil servant can
as# for an in1uir! to be held into
his alle"ed conduct, unless at
the time of the hearin" of the
aeal or revision a situation
envisa"ed b! the second
roviso to &rticle '11 (5) is
revailin". Cven in such a
situation the hearin" of the
aeal or revision alication
should be ostoned for a
reasonable len"th of time for
the situation to become normal.
Grdinaril! the satisfaction
reached b! the >resident or the
Note 4.1 4.! 531
Governor, )ould not be a
matter for ,udicial revie).
9o)ever, if it is alle"ed that the
satisfaction of the >resident or
Governor, as the case ma! be,
had been reached mala 0de or
)as based on )holl! e6traneous
or irrelevant "rounds, the
matter )ill become sub,ect to
,udicial revie) because, in such
a case, there )ould be no
satisfaction, in la), of the
>resident or the Governor at all.
The 1uestion )hether the court
ma! comel the Government to
disclose the materials to
e6amine )hether the
satisfaction )as arrived at mala
0de or based on e6traneous or
irrelevant "rounds, )ould
deend uon the nature of the
documents in 1uestion i.e.
)hether the! fall )ithin the
class of rivile"ed documents or
)hether in resect of them
rivile"e has been roerl!
claimed or not.
1(.The recedin" ara"rahs
clarif! the scoe of clauses (a),
(b) and (c) of the second roviso
Constitution, rule 19 of CSS
(CCJ&) Rules, 1963 and other
service rules similar to it, in the
li"ht of the ,ud"ments of the
Sureme Court delivered on
11.(D.19E3 and 15.(9.19E3. %t
is, therefore, imerative that
these clari0cations are not lost
si"ht of )hile invo#in" the
rovisions of the second roviso
to &rticle '11 (5) or service
rules based on them.
>articularl!, nothin" should be
done that )ould create the
imression that the action ta#en
is arbitrar! or mala 0de. So far
as clauses (a) and (c) and
service rules similar to them are
concerned, there are alread!
detailed instructions la!in"
do)n the rocedure for dealin"
)ith the cases fallin" )ithin the
urvie) of the aforesaid clauses
and rules similar to them. &s
re"ards invo#in" clause (b) of
the second roviso to &rticle
'11 (5) or an! similarl! )orded
service rule, absolute care
should be e6ercised and it
should al)a!s be #et in vie)
that action under it should not
aear to be arbitrar! or
desi"ned to avoid an in1uir!
)hich is 1uite racticable.
Trainin" G8 :o. 11(15H11HE34
Cstt. Bated the 11
th
:ovember,
19E3I.
(2 Iss1e o9 8;a7Ae$
s;ee: =;e7e a8:ion is :aBen
1nde7 R1%e 1" :$
>aras 6 to E of this
Beartment7s G8 of even :o.
dated 11
th
:ovember, 19E3
(Becision :o. 1 above) contain
instructions relatin" to factors
that are relevant )here action is
ta#en under Clause (b) of the
second roviso to &rticle '11 (5)
of the Constitution.
5. & 1uestion has been raised
)hether, in a case )here clause
(b) of the second roviso to
Constitution is invo#ed, the
discilinar! authorit! ma!
Note 4.1 4.! 535
disense )ith the issuin" of
char"e memo listin" the
char"es. Clause (b) is attracted
in a case )here the discilinar!
authorit! concludes, +that it is
not reasonabl! racticable to
hold such an in1uir!/. The
circumstances leadin" to such a
conclusion ma! e6ist either
before the in1uir! is
commenced or ma! develo in
the course of the in1uir!. %n the
Tulsi Ram >atel case, the
Sureme Court observed as
under ?4
+%t is not necessar! that a
situation )hich ma#es the
holdin" of an in1uir! not
reasonabl! racticable should
e6ist before the discilinar!
in1uir! is initiated a"ainst a
Government servant. Such a
situation can also come into
e6istence subse1uentl! durin"
the course of an in1uir!, for
instance, after the service of a
char"e4sheet uon the
Government servant or after he
has 0led his )ritten statement
thereto or even after the
evidence had been led in art.
%n such a case also, the
discilinar! authorit! )ould be
entitled to al! clause (b) of
the second roviso because the
)ord +in1uir!/ in that clause
includes art of an in1uir!/.
'. &rticle '11 (5) of the
Constitution concerns itself )ith
the unishment of dismissal,
removal or reduction in ran#,
)hich comes in the cate"or! of
ma,or unishment under the
service rules rovidin" the
rocedure for discilinar! action
a"ainst Government servants.
The 0rst ste in that rocedure
is the service of a memorandum
of char"es or a char"e4sheet, as
oularl! #no)n, on the
Government servant, listin" the
char"es a"ainst him and callin"
uon him, b! a seci0ed date,
to furnish a rel! either den!in"
or accetin" all or an! of the
char"es. &n in1uir! hence
commences under the service
rules )ith the service of the
char"e4sheet. Gbviousl!, if the
circumstances even before the
commencement of an in1uir!
are such that the discilinar!
authorit! holds that it is not
an in1uir!, no action b! )a! of
service of char"e4sheet )ould
be necessar!. Gn the other
hand, if such circumstances
develo in the course of in1uir!,
a char"e4sheet )ould alread!
have been served on the
4. %n ara 6 (i) of this
Beartment7s G8 dated 11
th

:ovember, 19E3 (Becision :o. 1
above) certain illustrative cases
have been enumerated )here
the discilinar! authorit! ma!
conclude that it is not
the in1uir!. %t is imortant to
note that the circumstances of
the nature "iven in the
illustrative cases, or other
circumstances )hich ma#e the
discilinar! authorit! conclude
that it is not reasonabl!
Note 4.1 4.! 53'
racticable to hold the in1uir!,
should actuall! subsist at the
time )hen the conclusion is
arrived at. The threat,
intimidation or the atmoshere
of violence or of a "eneral
indisciline and insubordination,
for e6amle, referred to in the
illustrative cases, should be
subsistin" at the time )hen the
discilinar! authorit! arrives at
his conclusion. %t )ill not be
correct on the art of the
discilinar! authorit! to
anticiate such circumstances
as those that are li#el! to arise,
ossibl! later in time, as
"rounds for holdin" that it is not
the in1uir! and, on that basis,
disense )ith servin" a char"e4
sheet on the Government
servant.
Trainin" G8 :o. 11(15H11HE34
Cstt.(&) dated 4
th
&ril, 19E6I.
23. )7o?isions 7eAa7dinA
oI8e7s %en: :o S:a:e
Go?e7n@en:s! e:8.
(1) Mhere the services of a
Government servant are lent b!
one deartment to another
deartment or to a State
Government or an authorit!
subordinate thereto or to a local or
other authorit! (hereinafter in this
rule referred to as Y the borro)in"
authorit!Y), the borro)in" authorit!
shall have the o)ers of the
aointin" authorit! for the
urose of lacin" such
susension and of the discilinar!
authorit! for the urose of
conductin" a discilinar!
roceedin" a"ainst him?
>rovided that the borro)in"
authorit! shall forth)ith inform the
authorit! )hich lent the services of
(hereinafter in this rule referred to
as Ythe lendin" authorit!Y) of the
circumstances leadin" to the order
of susension of such Government
servant or the commencement of
the discilinar! roceedin", as the
case ma! be.
(5) %n the li"ht of the 0ndin"s in
the discilinar! roceedin"
conducted a"ainst the Government
servant4
(i) if the borro)in" authorit! is
of the oinion that an! of
clauses (i) to (iv) of rule 11
should be imosed on the
Government servant, it ma!,
after consultation )ith the
lendin" authorit!, ma#e
such orders on the case as it
deems necessar!?
>rovided that in the event of a
di.erence of oinion bet)een the
borro)in" authorit! and the
lendin" authorit!, the services of
the Government servant shall be
relaced at the disosal of the
lendin" authorit!@
(ii) if the borro)in" authorit! is
of the oinion that an! of
Note 4.1 4.! 534
clauses (v) to (i6) of rule 11
Government servant, it shall
relace his services at the
disosal of the lendin"
authorit! and transmit to it
the roceedin"s of the
in1uir! and thereuon the
lendin" authorit! ma!, if it is
the discilinar! authorit!,
ass such order thereon as it
ma! deem necessar!, or, if
it is not the discilinar!
authorit!, submit the case to
the discilinar! authorit!
)hich shall ass such orders
on the case as it ma! deem
necessar! ?
>rovided that before assin" an!
such order the discilinar!
authorit! shall coml! )ith the
rovisions of sub4rules (') and (4)
of rule 13.
CS>-&:&T%G: 4 The discilinar!
authorit! ma! ma#e an order under
this clause on the record of the
in1uir! transmitted to it b! the
borro)in" authorit! or after holdin"
such further in1uir! as it ma! deem
necessar!, as far as ma! be, in
accordance )ith rule 14.
21. )7o?isions 7eAa7dinA oI8e7s
>o77o=ed 97o@ S:a:e Go?e7n@en:s! e:8.
(1) Mhere an order of
susension is made or a
conducted a"ainst a
Government servant )hose
services have been
borro)ed b! one
deartment from another
deartment or from a State
Government or an authorit!
subordinate thereto or a
local or other authorit!, the
authorit! lendin" his
services (hereinafter in this
rule referred to as Ythe
lendin" authorit!Y) shall
forth)ith be informed of the
circumstances leadin" to the
order of the susension of
the Government servant or
of the commencement of
the discilinar! roceedin",
as the case ma! be.
(5) %n the li"ht of the 0ndin"s in
the discilinar! roceedin"
conducted a"ainst the
Government servant, if the
discilinar! authorit! is of
the oinion that an! of the
enalties seci0ed in
clauses (i) to (iv) of rule 11
should be imosed on him, it
ma!, sub,ect to the
rovisions of sub4rule (') of
rule 13 and e6cet in re"ard
to a Government servant
servin" in the %ntelli"ence
<ureau u to the ran# of
&ssistant Central
%ntelli"ence G$cer, after
consultation )ith the lendin"
authorit!, ass such orders
on the case as it ma! deem
necessar!4
(i) rovided that in the event
of a di.erence of oinion
bet)een the borro)in"
authorit! and the lendin"
authorit!, the services of the
Note 4.1 4.! 533
relaced at the disosal of
the lendin" authorit!@
(ii) if the discilinar! authorit!
is of the oinion that an! of
clauses (v) to (i6) of Rule 11
Government servant, it shall
relace the services of such
Government servant at the
disosal of the lendin"
authorit! and transmit to it
the roceedin"s of the
in1uir! for such action, as it
ma! deem necessar!.
)ART VII
A))EALS
22. O7de7s aAains:
=;i8; no a<<ea% %ies
:ot)ithstandin" an!thin"
contained in this >art, no aeal
shall lie a"ainst4
(i) an! order made b! the
>resident@
(ii) an! order of an
interlocutor! nature or of
the nature of a ste4in4aid of
the 0nal disosal of a
discilinar! roceedin",
other than an order of
susension@
(iii) an! order assed b! an
in1uirin" authorit! in the
course of an in1uir! under
Rule 14.
2,. O7de7s aAains: =;i8;
a<<ea% %ies
Sub,ect to the rovisions of rule 55,
a Government servant ma! refer
an aeal a"ainst all or an! of the
follo)in" orders, namel!?4
(i) an order of susension
been made under rule 1(@
(ii) an order imosin" an! of
rule 11, )hether made b!
the discilinar! authorit! or
b! an! aellate or revisin"
authorit!@
(iii) an order enhancin" an!
enalt!, imosed under rule
11@
(iv) an order )hich4
(a) denies or varies to his
disadvanta"e his a!,
allo)ances, ension or other
conditions of service as
re"ulated b! rules or b!
a"reement@ or
(b) interrets to his
disadvanta"e the rovisions
of an! such rule or
a"reement@
(v) an order4
(a) stoin" him at the
e$cienc! bar in the time4
scale of a! on the "round
of his un0tness to cross the
bar@
Note 4.1 4.! 536
(b) revertin" him )hile
o$ciatin" in a hi"her
service, "rade or ost, to a
lo)er service, "rade or ost,
other)ise than as a enalt!@
(c) reducin" or )ithholdin"
the ension or den!in" the
ma6imum ension
admissible to him under the
rules@
(d) determinin" the
subsistence and other
allo)ances to be aid to him
for the eriod of susension
or for the eriod durin"
)hich he is deemed to be
under susension or for an!
ortion thereof@
(e) determinin" his a! and
allo)ances4
(i) for the eriod of
susension, or
(ii) for the eriod from the
date of his dismissal,
retirement from service, or
from the date of his
reduction to a lo)er service,
"rade, ost, time4scale or
sta"e in a time4scale of a!,
to the date of his
reinstatement or restoration
to his service, "rade or ost@
or
(f) determinin" )hether or
not the eriod from the date
of his susension or from the
date of his dismissal,
removal, comulsor!
retirement or reduction to a
lo)er service, "rade, ost,
time4scale of a! or sta"e in
a time4scale of a! to the
date of his reinstatement or
restoration to his service,
"rade or ost shall be
treated as a eriod sent on
dut! for an! urose.
E()LANATION$ %n this rule4
(i) the e6ression
ZGovernment servantZ
includes a erson )ho has
ceased to be in Government
service@
(ii) the e6ression ZensionZ
includes additional ension,
"ratuit! and an! other
retirement bene0ts.
24. A<<e%%a:e A1:;o7i:&
(1) & Government servant,
includin" a erson )ho has
ceased to be in Government
service, ma! refer an
aeal a"ainst all or an! of
the orders seci0ed in Rule
5' to the authorit! seci0ed
in this behalf either in the
Schedule or b! a "eneral or
secial order of the
>resident or, )here no such
authorit! is seci0ed4
(i) )here such Government
servant is or )as a member
of a Central Service, Grou
A&7 or Grou A<7 or holder of
Note 4.1 4.! 53D
a Central Civil >ost, Grou
A&7 or Grou A<7 4
(a) to the aointin"
authorit!, )here the order
aealed a"ainst is made b!
an authorit! subordinate to
it@ or
(b) to the >resident )here
such order is made b! an!
other authorit!@
)hich the authorit! ma#in" the
order aealed a"ainst is
immediatel! subordinat(ii)
)here such Government
servant is or )as a member of a
Central Civil Service, Grou AC7 or
Grou AB7, or holder of a Central
Civil >ost, Grou AC7 or Grou AB7, to
the authorit! toe.
(5) :ot)ithstandin" an!thin"
contained in sub4rule (1)4
(i) an aeal a"ainst an order
in a common roceedin"
held under Rule 1E shall lie
to the authorit! to )hich the
authorit! functionin" as the
discilinar! authorit! for the
urose of that roceedin"
is immediatel! subordinate ?
>rovided that )here such authorit!
is subordinate to the >resident in
resect of a Government servant
for )hom >resident is the aellate
authorit! in terms of sub4clause
(b) of clause (i) of sub4rule (1), the
aeal shall lie to the >resident.
(ii) )here the erson )ho
made the order aealed
a"ainst becomes, b! virtue
of his subse1uent
aointment or other)ise,
the aellate authorit! in
resect of such order, an
aeal a"ainst such order
shall lie to the authorit! to
)hich such erson is
immediatel! subordinate.
(') & Government servant ma!
refer an aeal a"ainst an
order imosin" an! of the
enalties seci0ed in rule 11
to the >resident, )here no
such aeal lies to him
under sub4rule (1) or sub4
rule (5), if such enalt! is
imosed b! an! authorit!
other than the >resident, on
such Government servant in
resect of his activities
connected )ith his )or# as
an o$ce4bearer of an
association, federation or
union, articiatin" in the
Koint Consultation and
Comulsor! &rbitration
Scheme.
Ins:718:ions
(1A<<ea% in :;e 8ase o9 a
dis8i<%ina7& o7de7 aAains: an
oI8e$>ea7e7 o9 an
asso8ia:ion o7 1nion :$
&ll aeals to the >resident
under sub4rule (') of Rule 54
should be laced before the
8inister4in4char"e for 0nal
orders irresective of )hether
Note 4.1 4.! 53E
the "eneral directions in various
8inistries, relatin" to the
disosal of aeals addressed
to the >resident, re1uire such
submission or not.
%n resect of ersons servin" in
Beartment, the aeals
referred to in the recedin"
ara, shall be disosed of b! the
Comtroller and &uditor General
of %ndia.
(G.%. 89& G8 :o. DH14H644Csts.
(&) dated the 1E
th
&ril, 196DI.
2-. )e7iod o9 Li@i:a:ion
o9 a<<ea%s
:o aeal referred under this art
shall be entertained unless such
aeal is referred )ithin a eriod
of fort!40ve da!s from the date on
)hich a co! of the order aealed
a"ainst is delivered to the
aellant ?
>rovided that the aellate
authorit! ma! entertain the aeal
after the e6ir! of the said eriod,
if it is satis0ed that the aellant
had su$cient cause for not
referrin" the aeal in time.
2#. *o7@ and 8on:en:s o9
a<<ea%
(1) Cver! erson referrin" an
aeal shall do so
searatel! and in his o)n
name.
(5) The aeal shall be
resented to the authorit! to
)hom the aeal lies, a
co! bein" for)arded b! the
aellant to the authorit!
)hich made the order
aealed a"ainst. %t shall
contain all material
statements and ar"uments
on )hich the aellant
relies, shall not contain an!
disresectful or imroer
lan"ua"e, and shall be
comlete in itself.
(') The authorit! )hich made
the order aealed a"ainst
shall, on receit of a co! of
the aeal, for)ard the
same )ith its comments
thereon to"ether )ith the
relevant records to the
aellate authorit! )ithout
an! avoidable dela!, and
)ithout )aitin" for an!
direction from the aellate
authorit!.
2.. Conside7a:ion o9 a<<ea%
(1) %n the case of an aeal
a"ainst an order of
susension, the aellate
authorit! shall consider
)hether in the li"ht of the
rovisions of rule 1( and
havin" re"ard to the
circumstances of the case,
the order of susension is
,usti0ed or not and con0rm
or revo#e the order
accordin"l!.
(5) %n the case of an aeal
a"ainst an order imosin"
an! of the enalties
seci0ed in rule 11 or
Note 4.1 4.! 539
enhancin" an! enalt!
imosed under the said
rules, the aellate
authorit! shall consider4
(a) )hether the rocedure laid
do)n in these rules have
been comlied )ith and if
not, )hether such non4
comliance has resulted in
the violation of an!
rovisions of the
Constitution of %ndia or in
the failure of ,ustice@
(b) )hether the 0ndin"s of
the discilinar! authorit! are
)arranted b! the evidence
on the record@ and
(c) )hether the enalt! or the
enhanced enalt! imosed
is ade1uate, inade1uate or
severe@
and ass orders4
(i) con0rmin", enhancin",
reducin", or settin" aside
the enalt!@ or
(ii) remittin" the case to the
authorit! )hich imosed or
enhanced the enalt! or to
an! other authorit! )ith
such direction as it ma!
deem 0t in the
circumstances of the case ?
rovided that4
(i) The Commission shall be
consulted in all cases )here
such consultation is
necessar!@
(ii) %f such enhanced enalt!
)hich the aellate
authorit! rooses to
imose is one of the
enalties seci0ed in
and in in1uir! under rule 14
has not alread! been held in
the case, the aellate
authorit! shall, sub,ect to
the rovisions of rule 19,
itself hold such in1uir! or
direct that such in1uir! be
held in accordance )ith the
rovisions of rule 14 and
thereafter, on a
consideration of the
roceedin"s of such in1uir!
and ma#e such orders as it
ma! deem 0t?
(i) if the enhanced enalt!
)hich the aellate
authorit! rooses to
imose is one of the
enalties seci0ed in
and an en1uir! under rule
14 has been held in the
case, the aellate authorit!
shall ma#e such orders as it
ma! deem 0t after the
aellant has been "iven a
reasonable oortunit! of
ma#in" a reresentation
a"ainst the roosed
enalt!@ and
(ii) no order imosin" an
enhanced enalt! shall be
made in an! other case
Note 4.1 4.! 56(
unless the aellant has
been "iven a reasonable
oortunit!, as far as ma!
be, in accordance )ith the
rovisions of rule 16, of
ma#in" a reresentation
a"ainst such enhanced
enalt!.
(') %n an aeal a"ainst an!
other order seci0ed in rule
5', the aellate authorit!
shall consider all the
circumstances of the case
and ma#e such orders as it
ma! deem ,ust and
e1uitable.
Ins:718:ions :
(1 Ti@e$%i@i: 9o7 :;e
dis<osa% o9 a<<ea%s :$
The follo)in" su""estions have
been e6amined in order to
achieve 1uic#er disosal of
aeals ?4
(a) the need for and the
feasibilit! of aointin"
additional aellate
authorities )herever the
resent )or#load of
aellate authorities is
undul! heav!@ and
(b) the rescribin" of a
rocedure b! )hich the
osition re"ardin" endin"
aeals could be revie)ed
b! hi"her authorities at
eriodical intervals so as to
ta#e suitable and timel!
remedial action.
5. The t)o su""estions
mentioned in ara 1 have
been e6amined. &lthou"h
the aellate authorities are
e6ected to "ive a hi"h
riorit! to the disosal of
aeals, there mi"ht be
cases in )hich the hands of
the aellate authorit! are
too full and it ma! not be
able to devote the time and
attention re1uired for the
disosal of aeals )ithin a
short eriod. %n such case
the aellate authorit! can
be relieved of his normal
)or# to such an e6tent as
)ould be necessar! to
enable him to devote the
re1uired time and attention
to the disosal of aeals
endin" before him b!
redistribution of that )or#
amon"st other o$cers. %f,
ho)ever, the number of
aeals received or endin"
)ith an! articular aellate
authorit! is ver! lar"e, the
aellate )or# itself could
be redistributed as far as
ossible amon" a number of
o$cers of e1uivalent ran#
and in an! case not belo)
the ran# of the aellate
authorit! throu"h a "eneral
order issued in e6ercise of
the o)ers under Rule 54 of
the CCS (CC&) Rules.
'. &s re"ards rescribin"
rocedure for revie) of the
osition re"ardin" endin"
aeals, it has been decided
that, aart from the
rovisions laid do)n in the
Note 4.1 4.! 561
8anual of G$ce >rocedure
)hereb! cases endin"
disosal for over a month
are revie)ed b! the
aroriate hi"her
authorities, a searate
detailed statement of
aeals endin" disosal for
over a month should be
submitted b! the aellate
authorit! to the ne6t hi"her
authorit! indicatin"
articularl! the reasons on
account of )hich the
aeals could not be
disosed of )ithin a month
and the further aeals
could not be disosed of
)ithin a month and the
further time li#el! to be
ta#en for disosal of each
such aeal, alon"4)ith the
reasons therefor. This )ould
enable the aroriate
hi"her authorit! to "o into
the reasons for the dela! in
the disosal of aeals
endin" for more than a
month, and ta#e remedial
stes )herever necessar! to
have the endin" aeals
disosed of )ithout further
dela!. %n cases )here the
aellate authorit! is the
>resident under Rule 54 of
the CCS (CC&) Rules, 1963,
the aforesaid statement
should be submitted to the
Secretar! of the
8inistr!HBeartment
concerned for similar
scrutin!.
(Cabinet Sectt. (Beartment of
>ersonnel), G8 :o. '9H45HD(4
Csts.(&) dated the 13
th
8a!,
19D1).
(2 )e7sona% ;ea7inA a:
:;e dis87e:ion o9 a<<e%%a:e
a1:;o7i:& in @aGo7 <ena%:&
8ases ?4
The Committee of the :ational
Council (KC8) set u to revie)
the CCS (CC&) Rules, 1963 has
recommended that rovision
ma! be made for ersonal
hearin" b! the &ellate
authorit! of the emlo!ee
concerned if the aeal is
a"ainst a ma,or enalt!.
5. The above recommendation
has been considered in all
its asects. Rule 5D of the
CCS (CC&) Rules, 1963 does
not seci0call! rovide for
the "rant of a ersonal
hearin" b! the aellate
authorit! to the Government
servant before decidin" the
aeal referred b! him
a"ainst a enalt! imosed
on him. The rincile of
ri"ht to ersonal hearin"
alicable to a ,udicial trial
or roceedin" even at the
aellate sta"e is not
alicable to deartmental
in1uiries, in )hich a decision
b! the aellate authorit!
can "enerall! be ta#en on
the basis of the records
before it. 9o)ever, a
ersonal hearin" of the
aellant b! the aellate
authorit! at times )ill a.ord
the former an oortunit! to
resent his case more
e.ectivel! and thereb!
Note 4.1 4.! 565
facilitate the aellate
authorit! in decidin" the
aeal 1uic#l! and in a ,ust
and e1uitable manner. &s
Rule 5D of the CC& Rules
does not reclude the "rant
of ersonal hearin" in
suitable cases, it has been
decided that )here the
aeal is a"ainst an order
imosin" a ma,or enalt!
and the aellant ma#es a
seci0c re1uest for a
ersonal hearin" the
aellate authorit! ma!
after considerin" all relevant
circumstances of the case,
allo) the aellant, as its
discretion, the ersonal
hearin".
FG.%., Bett. of >ersonnel J Tr".
G8 :o. 11(15H5(HE34Cstt.(&)
dated 5E
th
Gctober, 19E3I.
The Sta. side in the :ational
Council (KC8) have re1uested
that the Government servants
a"ainst )hom a ma,or enalt!
has been imosed should be
allo)ed the services of defence
assistant to resent their case
before the cometent authorit!
at aealHrevision sta"e.
(2A The roosal )as discussed
in the meetin" of the
:ational Council (KC8) on
'1.(1.1991 and it has been
decided that in all those
cases )here a ersonal
hearin" is allo)ed b! the
aellate authorit! in terms
of G8 dated 5E.1(.E3,
referred to above, the
allo)ed to ta#e the
assistance of a defence
assistant also, if a re1uest is
made to that e.ect.
FG.%.Bett. of >ersonnel J Tr".
G8 :o. 11(15H5H914Cstt.(&)
dated 5'.(4.91I
2/. I@<%e@en:a:ion o9
o7de7s in a<<ea%
The authorit! )hich made the
order aealed a"ainst shall "ive
e.ect to the orders assed b! the
aellate authorit!.
>&RT Q%%%
REVISION AND REVIEW
2". Re?ision
(1) :ot)ithstandin" an!thin"
contained in these rules4
(i) the >resident@ or
(ii) the Comtroller and
&uditor4General, in the case
of a Government servant
servin" in the %ndian &udit
and &ccounts Beartment@
or
(iii) the 8ember (>ersonnel)
>ostal Services <oard in the
case of a Government
servant servin" in or under
the >ostal Services <oard
and &dviser (9uman
Resources Beveloment),
Beartment of
Telecommunications in the
Note 4.1 4.! 56'
case of a Government
servant servin" in or under
the Telecommunications
<oard@ or
(iv) the 9ead of a Beartment
directl! under the Central
Government, in the case of a
Government servant servin"
in a deartment or o$ce
(not bein" the Secretariat or
the >osts and Tele"rahs
<oard), under the control of
such 9ead of a Beartment@
or
(v) the aellate authorit!,
)ithin si6 months of the
date of the order roosed
to be revised or
(vi) an! other authorit!
seci0ed in this behalf b!
the >resident b! a "eneral or
secial order, and )ithin
such time as ma! be
rescribed in such "eneral
or secial order@
ma! at an! time, either on his or its
o)n motion or other)ise call for
the records of an! in1uir! and
revise an! order made under these
rules or under the rules reealed
b! rule '4 from )hich an aeal is
allo)ed, but from )hich no aeal
has been referred or from )hich
no aeal is allo)ed, after
consultation )ith the Commission
necessar!, and ma!4
(a) con0rm, modif! or set
aside the order@ or
(b) con0rm, reduce, enhance
or set aside the enalt!
imosed b! the order, or
imose an! enalt! )here
no enalt! has been
imosed@ or
(c) remit the case to the
authorit! )hich made the
order to or an! other
authorit! directin" such
authorit! to ma#e such
further en1uir! as it ma!
consider roer in the
circumstances of the case@
or
(d) ass such other orders as
it ma! deem 0t?
>rovided that no order imosin" or
enhancin" an! enalt! shall be
made b! an! revisin" authorit!
unless the Government servant
concerned has been "iven a
reasonable oortunit! of ma#in" a
reresentation a"ainst the enalt!
roosed and )here it is roosed
to imose an! of the enalties
seci0ed in clauses (v) to (i6) of
rule 11 or to enhance the enalt!
imosed b! the order sou"ht to be
revised to an! of the enalties
seci0ed in those clauses, and if an
in1uir! under rule 14 has not
alread! been held in the case no
such enalt! shall be imosed
e6cet after an in1uir! in the
manner laid do)n in rule 14
sub,ect to the rovisions of rule 19,
and e6cet after consultation )ith
the Commission )here such
consultation is necessar! ?
Note 4.1 4.! 564
>rovided further that no o)er of
revision shall be e6ercised b! the
Comtroller and &uditor4General,
8ember (>ersonnel), >ostal
Services <oard, &dviser (9uman
Resources Beartment),
Beartment of Telecommunications
or the 9ead of Beartment, as the
case ma! be, unless4
(i) the authorit! )hich made
the order in aeal, or
(ii) the authorit! to )hich an
aeal )ould lie, )here no
aeal has been referred,
is subordinate to him.
(5) :o roceedin" for revision
shall be commenced until
after4
(i) the e6ir! of the eriod of
limitation for an aeal, or
(ii) the disosal of the aeal,
)here an! such aeal has
been referred.
(') &n alication for revision
shall be dealt )ith in the
same manner as if it )ere
an aeal under these rules.
Ins:718:ions
(1 )7o8ed17e :o >e
9o%%o=ed =;i%e <7o<osinA
en;an8e@en: o9 :;e
<ena%:& a%7ead& i@<osed
on a Go?e7n@en: se7?an:
:$
%nstances have been brou"ht to
the notice of this 8inistr! in
)hich )hen orders of
unishment assed b! the
subordinate authorities )ere
revie)ed under Rule 59 (1) of
the CCS (CC&) Rules, 1963, and
a rovisional conclusion
reached that the enalt!
alread! imosed )as not
ade1uate, the authorities
concerned set asideHcancelled
the order of unishment alread!
assed b! the subordinate
authorities and simultaneousl!
served sho)4cause notices for
the imosition of hi"her
enalties. Thereafter, the
relies of the Government
servants to sho)4cause notices
)ere considered and the *nion
>ublic Service Commission also
consulted, )herever necessar!,
before the imosition of
enhanced enalties.
%t is clari0ed that in case of the
#ind mentioned in the recedin"
ara"rah, it is not aroriate
to set asideHcancel the enalt!
alread! imosed on the
Government servants, more so
)hen the revisin" authorit! is
the >resident, as strictl!
sea#in" cancellation of the
enalt!, if done in the name of
the >resident amounts to
modi0cation b! the >resident of
the earlier order of the
subordinate authorit!, for )hich
rior consultation )ith the
*nion >ublic Service
Commission is necessar! under
Re"ulation 3 (1) (c) of the *>SC
(C6emtion from Consultation)
Note 4.1 4.! 563
Re"ulations, 193E. The correct
rocedure in such cases )ill,
therefore, be to ta#e action in
accordance )ith the 0rst
roviso to Rule 59 (1) of the
CCS (CC&) Rules, 1963, )ithout
cancellin"Hsettin" aside the
order of the subordinate
authorit!. %t is onl! at the 0nal
sta"e )hen orders are issued
modif!in" the ori"inal enalt!,
that it )ould be necessar! to
set aside the ori"inal order of
enalt!.
(G.%. 89& G8 :o. '9H5H6E4Csts.
(&) dated the 14
th
8a!, 196E).
2"$A. Re?ie=
T;e )7esiden: @a&! a: an& :i@e!
ei:;e7 on ;is o=n @o:ion o7
o:;e7=ise 7e?ie= an& o7de7
<assed 1nde7 :;ese 71%es!
=;en an& ne= @a:e7ia% o7
e?iden8e =;i8; 8o1%d no: >e
<7od18ed o7 =as no: a?ai%a>%e
a: :;e :i@e o9 <assinA :;e
o7de7 1nde7 7e?ie= and =;i8;
;as :;e eLe8: o9 8;anAinA :;e
na:17e o9 :;e 8ase! ;as 8o@e!
o7 ;as >een >7o1A;:! :o ;is
no:i8e:
>rovided that no order imosin" or
enhancin" an! enalt! shall be
made b! the >resident unless the
Government servant concerned has
been "iven a reasonable
oortunit! of ma#in" a
reresentation a"ainst the enalt!
roosed or )here it is roosed to
imose an! of the ma,or enalties
seci0ed in rule 11 or to enhance
the minor enalt! imosed b! the
order sou"ht to be revie)ed to an!
of the ma,or enalties and if an
en1uir! under rule 14 has not
alread! been held in the case, no
such enalt! shall be imosed
e6cet after in1uirin" in the
manner laid do)n in rule 14,
sub,ect to the rovisions of rule 19,
and e6cet after consultation )ith
the Commission )here such
consultation is necessar!.
Ins:718:ions
(1)7esiden:Ks <o=e7 o9
7e?ie= 1nde7 R1%e 2" O
&ttention is invited to this
Beartment :oti0cation of even
number dated the 6
th
&u"ust,
19E1 amendin" Rule 59 of the
CCS (CC&) Rules, 1963, and
introducin" Rule 594& therein.
The amendment has been
necessitated b! the ,ud"ment of
the Belhi 9i"h Court in the case
Note 4.1 4.! 566
of Shri R.T.Guta Qs. *nion of
%ndia and another (Civil Mrit
>etition :os. 196 of 19DE and
'55 of 19D9) in )hich the 9i"h
Court has held that under Rule
59 of the CCS (CC&) Rules, 1963
;
(1) the >resident has o)er to
revie) an! order under the
CCS (CC&) Rules, 1963
includin" an order of
e6oneration, and
(5) the aforesaid o)er of
revie) is in the nature of
revisionar! o)er and not in
the nature of revie)in"
one7s o)n order.
The matter has been e6amined
in consultation )ith the 8inistr!
of -a) )ho has observed that
the ,ud"ment of the Belhi 9i"h
Court )ould indicate that the
>resident cannot e6ercise his
revisionar! o)ers in a case in
)hich the o)er had alread!
been e6ercised after full
consideration of the facts and
circumstances of the case.
There is, ho)ever, no ob,ection
to rovidin" for a revie) b! the
>resident of an order assed b!
him earlier in revision if some
ne) fact or material havin" the
nature of chan"in" the entire
comle6ion of the case comes
to his notice later. &ccordin"l!,
Rule 594&, has been introduced
secif!in" the o)er of the
>resident to ma#e a revie) of
an! order assed earlier,
includin" an order assed in
revision under Rule 59, )hen
an! ne) fact or material )hich
has the e.ect of chan"in" the
nature of the case comes to his
notice. %f ma! also be noted
that )hile the >resident and
other authorities enumerated in
1963 e6ercise the o)er of
revision under that rule, the
o)er of revie) under Rule 594&
is vested in the >resident onl!
and not in an! other authorit!.
Mith the amendment of Rule 59
and the introduction Rule 594&,
the headin" of >art Q%%% of the
CCS (CC&) Rules, 1963 has also
been aroriatel! chan"ed as
+Revision and Revie)/.
F89&, (BHo >J&R) G8 :o.
11(15H1HE(4Csts.(&) dated the
'
rd
Setember, 19E1I.
)ART I(
8%SCC--&:CG*S
,3. Se7?i8e o9 o7de7s!
no:i8es! e:8.
E?e7& o7de7! no:i8e and o:;e7
<7o8ess @ade o7 iss1ed 1nde7
:;ese 71%es s;a%% >e se7?ed in
<e7son on :;e Go?e7n@en:
se7?an: 8on8e7ned o7
8o@@1ni8a:ed :o ;i@ >&
7eAis:e7ed <os:.
,1. )o=e7 :o 7e%a6 :i@e$
%i@i: and :o 8ondone
de%a&
Sa?e as o:;e7=ise e6<7ess%&
<7o?ided in :;ese 71%es! :;e
a1:;o7i:& 8o@<e:en: 1nde7
:;ese 71%es :o @aBe an& o7de7
@a&! 9o7 Aood and s1I8ien:
Note 4.1 4.! 56D
7easons o7 i9 s1I8ien: 8a1se is
s;o=n! e6:end :;e :i@e
s<e8iCed in :;ese 71%es 9o7
an&:;inA 7eD1i7ed :o >e done
1nde7 :;ese 71%es o7 8ondone
an& de%a&.
,2. S1<<%& o9 8o<& o9
Co@@issionJs ad?i8e
W;ene?e7 :;e Co@@ission is
8ons1%:ed as <7o?ided in :;ese
71%es! a 8o<& o9 :;e ad?i8e >&
:;e Co@@ission and =;e7e
s18; ad?i8e ;as no: >een
a88e<:ed! a%so a >7ie9
s:a:e@en: o9 :;e 7easons 9o7
s18; non$a88e<:an8e! s;a%% >e
917nis;ed :o :;e Go?e7n@en:
se7?an: 8on8e7ned a%onA =i:; a
8o<& o9 :;e o7de7 <assed in :;e
8ase! >& :;e a1:;o7i:& @aBinA
:;e o7de7.
,,. T7ansi:o7&
)7o?isions
On and 97o@ :;e
8o@@en8e@en: o9 :;ese 71%es!
and 1n:i% :;e <1>%i8a:ion o9 :;e
S8;ed1%es 1nde7 :;ese 71%es!
:;e S8;ed1%es :o :;e Cen:7a%
Ci?i% Se7?i8es (C%assiC8a:ion!
Con:7o% and A<<ea% R1%es!
1"-.! and :;e Ci?i%ians in
De9en8e Se7?i8es
(C%assiC8a:ion! Con:7o% and
A<<ea% R1%es! 1"-2! as
a@ended 97o@ :i@e :o :i@e!
s;a%% >e dee@ed :o >e :;e
S8;ed1%es 7e%a:inA :o :;e
7es<e8:i?e 8a:eAo7ies o9
Go?e7n@en: se7?an:s :o =;o@
:;e& a7e! i@@edia:e%& >e9o7e
:;e 8o@@en8e@en: o9 :;ese
71%es! a<<%i8a>%e and s18;
S8;ed1%es s;a%% >e dee@ed :o
>e :;e S8;ed1%es 7e9e77ed :o in
:;e 8o77es<ondinA 71%es o9
:;ese 71%es.
,4. Re<ea% and Sa?inA
(1 S1>Ge8: :o :;e
<7o?isions o9 71%e ,,! :;e
Cen:7a% Ci?i% Se7?i8es
(C%assiC8a:ion! Con:7o%
and A<<ea% R1%es! 1"-.!
and :;e Ci?i%ians in
De9en8e Se7?i8es
(C%assiC8a:ion! Con:7o%
and A<<ea% R1%es! 1"-2!
and an& no:iC8a:ions o7
o7de7s iss1ed :;e7e1nde7
in so 9a7 as :;e& a7e
in8onsis:en: =i:; :;ese
71%es! a7e ;e7e>&
7e<ea%ed:
)7o?ided :;a:$
(a s18; 7e<ea% s;a%% no:
aLe8: :;e <7e?io1s
o<e7a:ion o9 :;e said
71%es! o7 an& no:iC8a:ion
o7 o7de7 @ade! o7
an&:;inA done! o7 an&
a8:ion :aBen! :;e7e1nde7F
(> an& <7o8eedinAs 1nde7
:;e said 71%es! <endinA a:
:;e 8o@@en8e@en: o9
:;ese 71%es s;a%% >e
8on:in1ed and dis<osed
o9! as 9a7 as @a& >e! in
a88o7dan8e =i:; :;e
<7o?isions o9 :;ese 71%es!
as i9 s18; <7o8eedinAs
Note 4.1 4.! 56E
=e7e <7o8eedinAs 1nde7
:;ese 71%es.
(2 No:;inA in :;ese
71%es s;a%% >e 8ons:71ed
as de<7i?inA an& <e7son
:o =;o@ :;ese 71%es
a<<%&! o9 an& 7iA;: o9
a<<ea% =;i8; ;ad
a8871ed :o ;i@ 1nde7 :;e
71%es! no:iC8a:ion o7
o7de7s in 9o78e >e9o7e :;e
71%es.
(, An a<<ea% <endinA
a: :;e 8o@@en8e@en: o9
:;ese 71%es aAains: an
o7de7 @ade >e9o7e s18;
8o@@en8e@en: s;a%% >e
8onside7ed and o7de7s
:;e7eon s;a%% >e @ade! in
a88o7dan8e =i:; :;ese
71%es as i9 s18; o7de7s
=e7e @ade and :;e
a<<ea%s =e7e <7e9e77ed
1nde7 :;ese 71%es.
(4 As 97o@ :;e
71%es an& a<<ea% o7
a<<%i8a:ion 9o7 7e?ie=
aAains: an& o7de7s @ade
>e9o7e s18;
8o@@en8e@en: s;a%% >e
<7e9e77ed o7 @ade 1nde7
:;ese 71%es! as i9 s18;
o7de7s =e7e @ade 1nde7
:;ese 71%es :
)7o?ided :;a: no:;inA in :;ese
71%es s;a%% >e 8ons:71ed as
7ed18inA an& <e7iod o9
%i@i:a:ion 9o7 an& a<<ea% o7
7e?ie= <7o?ided >& an& 71%e in
9o78e >e9o7e :;e
8o@@en8e@en: o9 :;ese 71%es.
,-. Re@o?a% o9 do1>:s
%f an! doubt arises as to the
interretation of an! of the
rovisions of these rules, the
matter shall be referred to
the >resident or such other
authorit! as ma! be
seci0ed b! the >resident b!
"eneral or secial order, and
the >resident or such other
authorit! shall decide the
same.
Ins:718:ions
(1Co<& o9 ad?i8e >& U)SC
:o >e Ai?en :o Go?e7n@en:
se7?an: ;
Rule '5 la!s do)n inter alia that
a co! of the advice "iven b!
the *nion >ublic Service
Commission should be furnished
to the Government servant
concerned. %t has been
decided, in consultation )ith
the Commission, that
henceforth the Commission
should furnish t)o sare coies
alon" )ith the ori"inal advice
letter in each case. %n resect
of discilinar! cases received
from StateHCentral Government
in re"ard to &ll %ndia Service
G$cers also, the Commission
)ill adot the same ractice,
the onl! di.erence bein" that,
in case of references received
from State Governments, one
sare co! of the advice letter
Note 4.1 4.! 569
)ill be sent to them and the
other to 9ome 8inistr! for
information.
F89& G8 :o. =.5'H19H6(4Csts.
(<) dated the 59
th
Becember,
1964I.
(2)7o8ed17e 7eAa7dinA
8%osinA o9 dis8i<%ina7& 8ases
in :;e e?en: o9 dea:; o9 :;e
8;a7Aed oI8ia%
This Beartment has been
receivin" references see#in"
clari0cation )hether discilinar!
cases initiated a"ainst the
Government servant under CCS
(CC&) Rules, 1963, )ould be
closed in the event of death or
the char"ed o$cer durin"
endenc! of the roceedin"s.
&fter careful consideration of all
the asects, it has been decided
that )here a Government
servant dies durin" the
endenc! of the in1uir! i.e.
)ithout char"es bein" roved
a"ainst him, imosition of an!
of the enalties rescribed
under the CCS (CC&) Rules,
1963, )ould not be ,usti0able.
Therefore, discilinar!
roceedin"s should be closed
immediatel! on the death of the
alle"ed Government servant.
G8 :o. 11(15HDH994Cstt. (&)
dated 5(
th
Gctober, 1999I
(, Dis8i<%ina7& G17isdi8:ion
o9 E%e8:ion Co@@ission o9
India o?e7 Go?e7n@en:
se7?an:s de<1:ed 9o7
e%e8:ion d1:ies ;
Gne of the issues in Mrit >etition
(c) :o. 6(6H199' in the matter
of Clection Commission of %ndia
Qs. *nion of %ndia J Gthers )as
re"ardin" ,urisdiction of Clection
Commission of %ndia over the
Government servants deuted
for election duties under section
5E& of the Reresentation of the
>eole &ct, 1931 and section
1'CC of the Reresentation of
the >eole &ct, 193(. The
Sureme Court b! its order
dated 51.(9.5((( disosed of
the said etition in terms of the
settlement bet)een the *nion
of %ndia and Clection
Commission of %ndia. The said
Terms of Settlement are as
under ?4
+The discilinar! functions of
the Clection Commission over
o$cers, sta. and olice
deuted to erform election
duties shall e6tend to ;
(a) Susendin" an!
o$cerHo$cialHolice
ersonnel for
insubordination or
dereliction of dut!@
(b) Substitutin" an!
o$cerHo$cialHolice
ersonnel b! another such
erson, and returnin" the
substituted individual to the
cadre to )hich he belon"s,
)ith aroriate reort on
his conduct@
(c) ma#in" recommendation to
the cometent authorit!, for
ta#in" discilinar! action, for
an! act of insubordination or
dereliction of dut!, )hile on
Note 4.1 4.! 5D(
election dut!. Such
recommendation shall be
romtl! acted uon b! the
discilinar! authorit!, and
action ta#en )ill be
communicated to the
Clection Commission@ )ithin
a eriod of 6 months from
the date of the Clection
Commission7s
recommendation.
(d) the Government of %ndia )ill
advise the State
Governments that the! too
should follo) the above
rinciles and decisions,
since a lar"e number of
election o$cials are under
their administrative control./
5. The imlication of the
disosal of the Mrit >etition
b! the Sureme Court in
terms of the above
settlement is that the
Clection Commission can
susend an!
o$cerHo$cialHolice
ersonnel )or#in" under the
Central Government or
>ublic Sector *nderta#in" or
an autonomous bod! full! or
substantiall! 0nanced b! the
Government for
insubordination or
dereliction of dut! and the
Clection Commission can
also direct substitutin" an!
o$cerHo$cialHolice
ersonnel b! another erson
besides ma#in"
recommendations to the
Cometent &uthorit! for
ta#in" discilinar! action for
insubordination or
dereliction of dut! )hile
en"a"ed in the rearation
of electoral rolls or election
dut!. %t is also clari0ed that
it is not necessar! to amend
the service rules for e6ercise
of o)ers of susension b!
the Clection Commission in
this case since these o)ers
are derived from the
rovisions of section 1'CC of
the Reresentation of the
>eole &ct, 193( and section
5E& of the Reresentation of
the >eole &ct, 1931 since
rovisions of these &cts
)ould have overridin" e.ect
over the discilinar! rules.
9o)ever, in case there are
an! conLictin" rovisions in
an &ct "overnin" the
discilinar! action, the same
are re1uired to be amended
suitabl! in accordance )ith
the Terms of Settlement.
G8 :o. 11(15HDH9E4Cstt. (&),
dated D
th
:ovember, 5(((I
(.) /iscip!inar% *urisdiction of
0!ection Commission of India
over (overnment servants
deputed for e!ection duties.
Reference is invited to the
Beartment of >ersonnel and
Trainin"7s G.8. :o. 11(15HDH9E4
Cstt. (&) dated (D.11.5((( (co!
enclosed) on the above mentioned
sub,ect and to sa! that the Clection
Commission have observed that
the Governments in man! cases do
not initiate roceedin"s romtl!
Note 4.1 4.! 5D1
a"ainst Government servants on
the Commission7s
recommendations.
5. &s er the aforementioned
G.8. dated (D.11.5(((, discilinar!
action a"ainst o$cers, sta. and
olice ersonnel deuted on
election duties shall be "overned
b! the rinciles and decisions
a"reed to bet)een the *nion
Government and the Clection
Commission and as recorded b!
the 9on7ble Sureme Court of %ndia
in its Grder dated 51.(9.5((( in
Mrit >etition (C) :o. 6(6 of 199'
(Clection Commission of %ndia vs.
*nion of %ndia and Grs.). The terms
of settlement )ere as follo)s ?4
#1e discip!inar% functions of
te 0!ection Commission over
officers' staff and po!ice
deputed to perform e!ection
duties sa!! e2tend to
(a) Suspending an%
officer3officia!3po!ice
personne! for
insu$ordination or
dere!iction of dut%4
($) Su$stituting an%
officer3officia!3po!ice
personne! $% anoter
suc person' and
returning te
su$stituted individua!
to te cadre to wic
e $e!ongs' wit
appropriate report on
is conduct4
(c) ma,ing
recommendation to
te competent
autorit%' for ta,ing
discip!inar% action' for
an% act of
insu$ordination or
dere!iction of dut%'
wi!e on e!ection
dut%. Suc
recommendation sa!!
$e prompt!% acted
upon $% te
discip!inar% autorit%'
and action ta,en wi!!
$e communicated to
te 0!ection
Commission4 witin a
period of 5 monts
from te date of te
0!ection
Commission6s
recommendations4
(d) te (overnment of
India wi!! advise te
State (overnments
tat te% too sou!d
fo!!ow te a$ove
princip!es and
decisions' since a
!arge num$er of
e!ection officia!s are
under teir
administrative
contro!.)
%t has been brou"ht to the notice of this
Beartment b! the Clection Commission of %ndia
that in man! cases the Governments concerned
do not initiate romtl! discilinar! action
a"ainst the delin1uent o$cials as recommended
b! the Commission as envisa"ed in the aforesaid
a"reement.
'. The instructions issued in
terms of the BG>T7s G.8. dated
(D.11.5((( are, therefore,
reiterated and it is emhasi2ed that
the terms of settlement have to be
comlied )ith )hile adherin" to
the rovisions of the relevant
Note 4.1 4.! 5D5
discilinar! rules. The
recommendations of the Clection
Commission made to the
Cometent &uthorit! for ta#in"
discilinar! action for an! act of
insubordination or dereliction of
dut! )hile on dut! shall be
romtl! acted uon b! the
discilinar! authorit! and action
ta#en should be communicated to
the Clection Commission )ithin a
eriod of si6 months from the date
of the Clection Commission7s
recommendations.
4. &ll 8inistriesHBeartments
are re1uested to brin" the
aforementioned Terms of
Settlement and the contents of
ara ' above to the notice of all
concerned for information and
comliance.
0DO)T O.4. No. 11312(4M233/$
Es::. (ADa:ed :;e 23
:;
4a78;!
233/2.
(5) Disciplinary jurisdiction of
Election Commission of India over
Government servants deputed for
election duties.
Reference is invited to the Department of
Personnel and Trainings O.M. of even number
dated 20.03.200 on the above mentioned
sub!ect and to sa" that attention #as dra#n
therein to the principles and decisions agreed
to bet#een the $nion %overnment and the
&lection 'ommission of (ndia in respect of
disciplinar" action against the %overnment
servants deputed for election duties. The
relevant Terms of Settlement have been
cited in para ) of DOPTs O.M. *o.
))0)2+,+-.&stt. /01 dated 0,.)).2000. 0s
per part/c1 of these Terms of 2ettlement3
(a) the disciplinary functions
of the Election Commission over
the officers staff and police
deputed to perform election duties
shall e!tend inter alia to ma"in#
recommendation to the competent
authority for ta"in# disciplinary
action for any act of
insu$ordination or dereliction of
duty %hile on election duty.& and

($) such recommendation
shall $e promptly acted upon $y
the disciplinary authority and the
action ta"en %ill $e communicated
to the Election Commission %ithin
a period of si! months from the
date of the Commission's
recommendation.
The instructions issued in this regard #ere
reiterated in the DOPTs O.M. dated 20.3.200
#herein it #as emphasi4ed that the
aforementioned Terms of 2ettlement have to
be complied #ith #hile adhering to the
provisions of the relevant disciplinar" rules.
2. The matter concerning
departmental proceedings against
officials appointed on election dut"
has recentl" been further
considered b" the %overnment. (t
has no# been decided that it shall
be mandator" for the disciplinar"
authorities to consult the &lection
'ommission if the matter is
proposed to be closed onl" on the
basis of a #ritten e5planation
given b" officer concerned to
enable the 'ommission to provide
necessar" inputs to the disciplinar"
authorities before the Disciplinar"
0uthorities ta6e a final decision.
(D)*T ).+. ,o. --.-/(0)1/..23Estt. (4)
Dated the /2
th
5uly /..26
(7) Disciplinary jurisdiction
of Election Commission of India
Note 4.1 4.! 5D'
over Government servants
deputed for election duties.
Reference is invited to the Department of
Personnel and Trainings letter of even number
dated 20.03.200 on the above mentioned
sub!ect and to sa" that attention #as dra#n
therein to the principles and decisions agreed
to bet#een the $nion %overnment and the
&lection 'ommission of (ndia in respect of
disciplinar" action against the %overnment
servants deputed for election duties. The
relevant Terms of Settlement have been
cited in para ) of DOPTs letter *o.
))0)2+,+-.&stt. /01 dated 0,.)).2000. 0s
per part/c1 of these Terms of 2ettlement3
(a) the disciplinary functions of
the Election Commission
over the officers staff and
police deputed to perform
election duties shall e!tend
inter alia to ma"in#
recommendation to the
competent authority for
ta"in# disciplinary action for
any act of insu$ordination or
dereliction of duty %hile on
election duty.& and

($) such recommendation shall
$e promptly acted upon $y
the disciplinary authority
and the action ta"en %ill $e
communicated to the
Election Commission %ithin a
period of si! months from
the date of the Commission's
recommendation.
The instructions issued in this regard
#ere reiterated in the Department of
Personnel and Trainings letter dated
20.3.200 #herein it #as emphasi4ed
that the aforementioned Terms of
2ettlement have to be complied #ith
#hile adhering to the provisions of the
relevant disciplinar" rules.
2. The matter concerning
departmental proceedings against
officials appointed on election dut"
has recentl" been further
considered b" the %overnment. (t
has no# been decided that it shall
be mandator" for the disciplinar"
authorities to consult the &lection
'ommission if the matter is
proposed to be closed onl" on the
basis of a #ritten e5planation
given b" officer concerned to
enable the 'ommission to provide
necessar" inputs to the disciplinar"
authorities before the Disciplinar"
0uthorities ta6e a final decision.
3. (t is re7uested that the decision
referred to in para 2 ma" be follo#ed
b" all the 2tate %overnments+$nion
Territor" 0dministration in the cases of
officials deputed b" them for election
duties.

(D)*T ).+. ,o. --.-/(0)1/..23Estt. (4)
Dated the /2
th
5uly /..26

Note 4.1 4.! 5D4

CCS (Conduct) Rules - Session 4.1 & 4.2

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