The document discusses rules and procedures related to disciplinary proceedings for government employees in India. Some key points covered include:
1) The CCS (CCA) Rules govern disciplinary proceedings and came into force in 1965. Employees under suspension come under the purview of these rules.
2) Suspension involves the temporary withdrawal of duties and certain allowances are provided during this period as per the FR rules. Suspension orders must be reviewed every 90 days.
3) The inquiry process involves issuing a charge sheet, conducting an inquiry where the charged officer and presenting officer examine witnesses and evidence, and imposing penalties if the charges are substantiated. Strict timelines must be followed at each stage.
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The document discusses rules and procedures related to disciplinary proceedings for government employees in India. Some key points covered include:
1) The CCS (CCA) Rules govern disciplinary proceedings and came into force in 1965. Employees under suspension come under the purview of these rules.
2) Suspension involves the temporary withdrawal of duties and certain allowances are provided during this period as per the FR rules. Suspension orders must be reviewed every 90 days.
3) The inquiry process involves issuing a charge sheet, conducting an inquiry where the charged officer and presenting officer examine witnesses and evidence, and imposing penalties if the charges are substantiated. Strict timelines must be followed at each stage.
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The document discusses rules and procedures related to disciplinary proceedings for government employees in India. Some key points covered include:
1) The CCS (CCA) Rules govern disciplinary proceedings and came into force in 1965. Employees under suspension come under the purview of these rules.
2) Suspension involves the temporary withdrawal of duties and certain allowances are provided during this period as per the FR rules. Suspension orders must be reviewed every 90 days.
3) The inquiry process involves issuing a charge sheet, conducting an inquiry where the charged officer and presenting officer examine witnesses and evidence, and imposing penalties if the charges are substantiated. Strict timelines must be followed at each stage.
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1. CCS(CCA;- Classification, Control & Appeals) came into force on 01.12.1965.
2. On grant of Temporary status to Casual employees they come under the
purview of CCS(CCA) rules. 3. Suspension is temporary withdrawal of duties. 4. For more than 48hrs if an officer is detained in custody he is deemed placed under suspension without orders. 5. An order of suspension should be reviewed in 90 days otherwise it will be deemed abolished. 6. Suspension can be extended upto 180 days after review at a time. 7. If an officer is under detention then it is not necessary to review suspension after 90 days. The whole detention period is automatically the suspension period and after he released and he informed authority about he released from that date the 90 days suspension period will be counted. 8. The suspension / deemed suspension shall be reviewed by the authority competent to order suspension. 9. As per FR-55 the officer under suspension is prohibits to grant leave. 10. Under suspension for first 3 month the subsistence allowance to the officer is 50% of pay after that it will be increased by 25% if the dealy is not due to employee or decrease by 25% if dealy is due to employee. 11. As per FR-53 the subsistence allowance is prescribed. 12. As per FR-52 from the date of removal all allowance are ceased. 13. As per FR-54 reinstated as a result of appeal is given. 14. Deduction from subsistence allowance are i) Income Tax ii) HRA for Govt quarters iii) Payment towards loans iv) CGHS/CGEIS v) Group insurance CGEGIS. 15. Deduction not be made i) GPF subscription, ii) Amt due to court attachments, iii) Recovery to loss to govt. 16. Over payment not exceeding ⅓ of subsistence allowance can be recovered. 17. A charged officer can appears in departmental exam but promotion is given only after he is completely exonerated. 18. An employee can’t be reduced to a lower grade or post which he had never held. 19. Against a suspended employee only minor penalty is imposed the suspension will be treated as Wholly unjustified. 20.If two penalties are imposed on the officer the two penalties shall run as stated in the later penalty order or concurrently, if nothing stated in the order. 21. At the time of retirement if officer is under suspension he will gets provisional pension & Leave encashment may be granted or not depend on authority. However Retirement gratuity and Commutation of provisional pension will not be granted. 22. During the period of penalty of withholding of increment or reduction to lower stage the employee is not be transferred to a post / place which result in an increase in his basic pay. 23. During the suspension period no opportunity is given to employee to explain the chance will be given after ground of suspension are confirmed. 24. A retired Govt servant can handle as Defence Assistant at any point of time max 07 cases. Whereas the working servant can handle only 03 cases at a time. 25. In case of Minor Penalty the delinquent official can make a representation within 10 days. 26. The charged officer can appoint a legal practitioner only if the presenting officer is a legal practitioner or the Inquiring authority so permit to have legal practitioner as per case. 27. If a department office is appointed as Inquiry Authority he may be relieved from normal duties upto 20 days in two spells to complete the enquiry. 28.When the charged sheet is issued to charged office he can submit his written statement of defence within 15 days which can be extended up to max 45 days. 29. When it is confirmed in the charge sheet that disciplinary proceeding is to be initiated than within a week charge sheet should be issued. 30. On receipts of documents the Inquiry officer will send a notice to charged officer for a preliminary hearing within 10 days. 31. When the presenting officer produced the documents the charged officer have 5 days time period to prepare his defence. And the same may be adjourn not exceeding 30 days. 32. Within a 10 days of receipt of notice the charged officer can request for the additional documents from the inquiry officer which are not enclosed with the charge sheet and he requires them. This period can be extended up to 10 days. 33. The requisite additional documents claimed by the charged officer during the inquiry is to be produced by the office within 1 month otherwise non- availability certificate should be issued. 34. Censure is a type of formal penalty / punishment. it can adversely affect the merit of suitability for promotion where as warning is not a formal penalty / punishment. 35. Before the closing of the case if new evidence are recall than for reexamination three clear days exclusive of the day of adjournment and the day to which the enquiry is adjourned should be given. 36. On receipt of the copy of advice of UPSC by the charged officer within 15 days he has to furnish written representation. 37. For first stage advice from CVC the time limit is one month. 38. If a vigilance angle is involved, the case should be referred to CVC within 1 month otherwise it should be put up to disciplinary authority for taking action within 1 month. 39. After receiving advice from CVC case is put up to Disciplinary authority within 1 month. 40. After receipt of representation from a charged officer within 1 month time limit the 2nd stage advice from CVC or UPSC is to be taken within 1 month. 41. From the date of issuing of charge sheet to charged officer the major penalty proceeding should be concluded in 18 months. 42. The time limit for reference to UPSC for seeking advice on minor penalties prior to the retirement of charged office is 3 months and in major penalties the time limit is 6 months prior to retirement. 43. If a officer is on ad hoc basis posted on higher post and disciplinary proceeding in started and the ad hoc appointment is less than 1 year he will be revert to lower post otherwise he will continue on ad hoc post till finalization of proceeding. 44. If penalty is imposed on 1st june 2021 and the increment date is 1st january 2022 than the increment is withheld till 31.12.2022 i.e. the withheld takes effect from the date of increment it dosn’t matter from which date is imposed. On arrears from 1 June-2021 to till 31.12.2022. 45. Examination of witnesses is done in three parts. I.e. examination-in-chief , Cross examination and re-examination. 46. Two type of documents are required by the charged officer to defend himself i.e. documents on which authority relies & are mentioned in charge sheet and 2nd which are not mentioned in charge sheet but charged officer required to prove him not guilty. 47. Total 5 parts are there in charge sheet. 48. An appeal within 45 days should be made after communication of the order to charged officer. 49. On receipt of appeal without any available delay the order passing authority with his comment should forward the appeal to the appellate authority i.e. higher authority. 50.A daily order sheet is to be maintained by Inquiring authority. It will not be included in the inquiry report. 51. Government Counsel advice is required to be taken before initiating criminal proceedings. 52. There is no provision to withholding the appeals to authority. 53. When appellate authority sets aside the punishment orders and re-start the proceedings it is called “de-novo”. 54. Presenting officer is the custodian of listed documents. As he represents the department in enquiry. And the charged officer appointed a defence Assistant to represent himself. 55. Inquiry office can pass an interlocutory order in Dept. proceedings. 56. When charged officer requests for holding an enquiry at a place other than his HQ not T.A will be admissible on his request. 57. The retired officer is entitled for T.A from his hometown declared to attend Dept. enquiry. 58. T.A / D.A with max 3 days halt allowance is given to charged officer if he has to visit outside station to prepare his defence if documents are at outstation office. 59. TA allowance for defence assistant will be bear by the office to which the charged officer belongs. 60. When two officials fight against each other and disciplinary proceedings initiated against them is confirmed than the proceeding will be done Separately but Simultaneously. 61. Only the President may review any order if any new material that may change nature of the case is brought before him. 62. Under orders of a Court the inquiry proceeding should be stayed.