Brief Notes on - Central Civil Services

(Classification, Control and Appeal) Rules

By

N. Muralidharan
Assistant Personnel Officer
DCS&EM/Department of Atomic Energy
V.S. Bhavan, Anushaktinagar
Mumbai 400 094

Email: muralinannat58@rediffmail.com (M) 9969025192

The Rules known as Central Civil Services (Classification, Control and

Appeal) Rules, 1965 came in force w.e.f. 1.12.1965. The said Rules deals
with disciplinary proceedings, the penalties that can be imposed on a
Government for good and sufficient reasons, the procedures to be followed
for imposition of the penalties, Suspension, Appeal, Revision and Review
etc.

It may be noted that the powers envisaged under these Rules by

various authorities cannot be exercised by a lower authority or by a person
holding the current duties of the post. Specific authority by the Competent
Authority is mandatory else the entire proceedings initiated under these
Rules become abinitio invalid.

Important Authorities:

1) Appointing Authority: the Authority:

(i) empowered to make appointments to the service of which the Govt.

servant is a member for the time being, or

(ii) empowered to make appointments to the post which the Govt. servant
holds for the time being, or

(iii) which appointed the Govt. servant, or

(iv) made the substantive appointment (i.e. confirmed) the Govt.

servant.
2) Disciplinary Authority : the authority competent to impose on a Govt.
Servant any of the penalties under Rule-11

3) Appellate Authority : The Authority competent to consider appeals

preferred under the CCS(CCA) Rules

4) Revisionary Authority: The Authority competent to consider Revision

Petitions/Authority Competent to revise orders passed under CCS(CCA)
Rules

Rule-3 Application

These Rules shall apply to every Govt. servant including every civilian Govt.
servant in the Defence Services, but shall not apply to –

(a) any railway servant

(b) any member of All India Services
(c) any person in casual employment
(d) any person subject to discharge from service on less than one
month’s notice
(e) any person for whom special provision is made with approval of the
President.

Classification of Services

The Central Civil Services are Classified as:

Central Civil Services Group ‘A’

Central Civil Services Group ‘B’
Central Civil Services Group ‘C’
Central Civil Services Group ‘D’

Classification of Posts

The posts are classified based on the pay in the PB & GP as under:

Group A : Cabinet Secretary (90000), Apex Scale (80000) and HAG plus
75000- 80000):
GP of 12000, 10000, 8900, 8700 (in PB-4), 7600, 6600 and 5400 in
PB-3

Group B : GP of 5400, 4800, 4600 and 4200 in PB-2

Group C : GP of 2800, 2400, 2000, 1900 and 1800 in PB-1

Group D : GP of 1300, 1400, 1600, 1650 in LS Scale

(till the posts are upgraded)

General Central Service –

Central Civil Posts of any class not included in any other Central Civil
Service
shall be deemed to be included in the General Central Service.

Appointments to Group-A Services and Posts.

All appointments to Central Civil Services Group ‘A’ and Central Civil
Posts Group ‘A’ shall be made by the President provided that the President
may by general or
special order delegate the power to any other authority.

Appointments to other Services and Posts

All appointments to Central Civil Services (other than the General

Central Service) Group ‘B’, ‘C’ and ‘D’ shall be made by the authorities
specified in the Schedule to the Rules

All appointments to Posts in the General Central Service shall be

made by the authorities specified in that behalf by general or special order.

Rule-10 Suspension

A Govt. servant may be placed under suspension by the Appointing

Authority or any authority to which it is subordinate or the Disciplinary
Authority or any other authority empowered by the President,

(a) where a disciplinary proceeding is contemplated or pending

(b)where he has engaged in activities prejudicial to the interest of the

security of the State, or
(c) where a case of criminal offence is under investigation, inquiry or trial.

What is meant by suspension?

Suspension is an executive action whereby a Govt. servant is kept out

of duty temporarily pending final action being taken against him for acts of
indiscipline, delinquency, misdemeanour etc.

Deemed Suspension
 A Govt. servant is deemed to have been placed under suspension by
an order of
the Appointing Authority

(a) if he is detained in Police custody, whether on a criminal charge or

otherwise, for a period exceeding 48 hours, from the date of detention
(Intermittent period of detention shall be computed for deciding the
factor of 48 hours)

(b)in the event of a conviction for an offence, if he is sentenced for

imprisonment for a term exceeding 48 hours,

(c) where the penalty of dismissal/removal is set aside in appeal or review

and the case is remitted back for a further inquiry,

(d)where a penalty of dismissal/removal is set aside by the Court of Law

but the Disciplinary Authority decides to hold a further inquiry.

Review of Suspension

An order of suspension made or deemed to have been made shall

remain in force until it is modified or revoked by the Competent Authority.
An order of suspension is required to be reviewed before expiry of 90
days on the recommendation of the Review Committee and pass orders
either extending or revoking the suspension. Subsequent reviews shall be
made before expiry of the extended period. Extension of suspension shall
not be for a period exceeding 180 days at a time.
An order of suspension shall not be valid after a period of 90 days
unless it is extended after a review.

Guiding principles for placing a Govt. servant under suspension

1) Continuation in office of the Govt. servant may prejudice
investigation, trial or
inquiry (tampering with evidence, threat to witness etc.)

2) He may subvert discipline at work place.

3) His continuance in office will be against wider public interest.

Prosecution is likely to end in conviction or departmental proceedings

are likely to end in dismissal, removal or compulsory retirement.

Rule-11 Penalties:
 There are two types of penalties listed in the CCS(CCA) Rules, namely:

Minor penalties –

(i) Censure
(ii) Withholding of promotion
(iii) Recovery from pay of the whole or part of pecuniary loss
caused to Govt.
(iii a) reduction of pay by one stage for a period not exceeding 3
years without
cumulative effect
(iv) Withholding of increments of pay

Major penalties –

(v) Reduction to a lower stage in the time scale for a specified period
(vi) Reduction to lower time scale of pay, grade, post or service –
ordinarily a bar for promotion to the grade from which reduced –
with or without directions regarding restoration, seniority and pay.
(vii) Compulsory retirement
(viii) Removal – which is not a disqualification for future employment
under Govt.
(ix) Dismissal – which shall ordinarily be a disqualification for future
employment under Govt.
The following shall not amount to a penalty under these rules –

1) Withholding of increment for failure to pass any departmental exam.

2) Stoppage at Efficiency Bar
3) Non-promotion after consideration
4) Reversion from officiating post due to unsuitability
5) Reversion to permanent post at the end of probation period
6) Replacement to parent department
7) Compulsory retirement under FR-56

Distinction between Censure and Warning –

Censure is a formal punishment imposed for good and sufficient

reasons, after
following the prescribed procedure under CCS(CCA) Rules. A warning is
issued for negligence, carelessness or something blameworthy not serious
enough to justify
imposition of the formal punishment of Censure.

Authority competent to institute proceedings

 The President or any other authority empowered by him by general or
special order may – a) institute disciplinary proceedings against any Govt.
servant b) direct a disciplinary authority to institute disciplinary proceedings.

A Disciplinary Authority competent under these rules to impose any of

the minor penalties under Rule-11 may institute disciplinary proceedings for
imposition of major penalties as well, though he is not competent to impose
the major penalties.

Rule-14 Procedure for imposing major penalties

1) No order imposing a major penalty shall be made without following the

inquiry procedure under this rule.

2) Disciplinary Authority may itself inquire into the charges or appoint an

Inquiring Authority. (In the case of sexual harassment cases under Rule
3-C of CCS (Conduct) Rules, 1964, the Complaints Committee
established in the Department or office shall be deemed to be the
Inquiring Authority). If no specific procedures are laid down for
the CC, they have to follow the procedures in CCS(CCA) Rules for
conducting inquiry into allegations for sexual allegations.)

3) The Disciplinary Authority shall draw up the charge sheet which shall
contain

(i) Articles of charge (Annexure-I)

(ii) Statement of imputations of misconduct or misbehaviour
(Annexure-II)
(iii) List of documents (Annexure-III)
(iv) List of witnesses (Annexure-IV)

4) The Disciplinary Authority shall arrange to deliver the charge sheet to

the Govt. servant and require him to submit his written
statement within 10 days. If all the Articles of charge are
admitted in the written statement, Disciplinary Authority shall
record its findings.

5) (a) Inquiry is mandatory if charge is not admitted.

(b) If no written statement of defence is submitted, the Disciplinary

Authority will commence the inquiry proceedings.
(c) Disciplinary Authority shall appoint a Presenting Officer to present
the case on his behalf.

6) Disciplinary Authority shall forward to the IA –

(a) Copy of the charge sheet

 (b) Copy of the written statement of defence, if any.
(c) Copy of the statements of witnesses, if any.
(d) Evidence proving delivery of charge sheet to Govt. servant
(e) Copy of order appointing Presenting Officer

7) The Inquiring Authority shall issue notice for the Preliminary hearing
which the Govt. servant shall appear in person.

8) The Govt. servant may take the assistance of any other Govt. servant
to present the case on his behalf. Retired Govt. servant can also be
engaged. He may not engage a Legal Practitioner unless the
Presenting Officer appointed by Disciplinary Authority is a Legal
Practitioner or the Disciplinary Authority so permits.

9) At the preliminary hearing if the Govt. servant pleads guilty, the IA

shall record the plea, sign the record and obtain signature of
the Govt. servant.

10) IA shall return a finding of guilt in respect of those articles of charge

that are admitted.

11) If the Govt. servant fails to appear within the specified time or refuses
or omits to plead, IA will ask PO to produce the evidence and
adjourn the case with direction to the Govt. servant to –

(a) inspect the documents within five days, extendable by five days.
(b) submit a list of witnesses to be examined on his behalf and
(c) give list of documents required by him in his defence.

12) IA on receipt of notice for discovery of documents, requisition the

documents from the authority in whose custody the documents
are kept. IA may refuse requisition of such documents as are
not relevant to the case.

13) On receipt of the requisition, the authority having custody of the

documents shall produce the documents before the IA. For reasons to
be recorded in writing, the production of any of such documents would
be against public interest or security of the State, it shall inform the IA
accordingly.

14) On the date fixed for inquiry, oral and documentary proof shall be
produced on behalf of the Disciplinary Authority. The witnesses
shall be examined by PO and cross-examined by or on behalf of the
CO.

15) IA may allow PO to produce evidence not included in the list and in
such case, CO shall be entitled to have a copy of the list of
 such additional evidence and 3 days adjournment. IA will
allow CO to inspect such documents. IA may also allow CO to produce
new evidence as necessary in the interest of justice.

16) When the case for Disciplinary Authority is closed, the CO shall be
required to state his defence. It shall be recorded and got
signed by the CO. Copy shall be given to PO.

17) The evidence on behalf of CO shall then be produced. The defence

witnesses shall be examined by CO/his defence assistant and cross-
examined by PO.

18) After the CO closes his case, IA may question the CO on the
circumstances appearing against him in the evidence.

19) After completion of production of evidence, IA will permit the PO as

well as CO to file written brief of their respective cases.

20) If the CO to whom charge sheet has been delivered does not submit
the written statement or does not appear before the IA or fails or
refuses to comply with the provisions of this rule, IA shall hold the
inquiry ex-parte.

21) (a) where a Disciplinary Authority competent to impose any of the

minor penalties has instituted major penalty proceedings
and, having regard to the findings in the inquiry, any of the major
penalty is to be imposed, shall forward the records of the inquiry to the
Competent Authority.

(b) The Disciplinary Authority may impose on the CO such penalty as

it may deem fit.

22) When an IA is changed before completion of the proceedings, the new

IA may act on the evidence recorded partly by its predecessor and
partly by itself.

23) After conclusion of the inquiry, a report shall be prepared containing –

(a) the articles of charge and statement of imputations of

misconduct or misbehaviour
(b) defence of the Govt. servant
(c) an assessment of evidence on each article of charge
(d) findings on each article of charge with reasons.

The IA shall forward the report to the Disciplinary Authority which shall
include:-

(a) the inquiry report as above

 (b) written statement if any, submitted by CO
(c) oral and documentary evidence produced in the inquiry
(d) written briefs of PO and the CO
(e) orders made by the Disciplinary Authority and the IA

Types of cases which merit action for initiating major penalties –

In the following type of cases, if the evidence forthcoming is not

sufficient for prosecution in a court of law –

1) (a) Possession of disproportionate assets

(b) Obtaining or attempting to obtain illegal gratification
(c) Misappropriation of govt. property, money or stores
(d) Obtaining or attempting to obtain any valuable things or
pecuniary
Advantage

2) Falsification of Govt. records

3) Gross irregularity or neglect of duty
4) Misuse of official position for personal gain
5) Disclosure of classified information
6) False claims like TA, LTC, reimbursement claims etc.

Ex-parte inquiry –

1) If Govt. servant remains absent and his whereabouts are not known.

2) Fails to reply to official communications or fails or refuses to appear

before
Inquiry authority.

3) Fails to comply with the provisions of CCS(CCA) Rules.

4) The entire gamut of the inquiry proceedings to be complied with.

Rule 15 – Action on the Inquiry Report

(a) The Disciplinary Authority may accept the report or remit back the
case to IA for further inquiry.
(b) Disciplinary Authority shall record disagreement, if any, on the findings
of the IA with reasons and then forward a copy of the report to CO for
his representation.
(c) Disciplinary Authority shall consider the representation, if any,
submitted by CO and record its findings on each article of charge.
(d) Consult UPSC wherever necessary.
(e) Pass a self-contained and speaking order imposing the penalty.
Consultation with CVC –

In cases involving vigilance angle, the CVC is consulted at two stages.

First stage advice is obtained on the investigation report before issue of

charge sheet. A copy of the first stage advice is to be furnished to the
employee along with the charge sheet.

Second stage advice of CVC is obtained on receipt of the Inquiry

Report. A copy of the same should be furnished to the employee along
with copy of the Inquiry Report for his representation.

Rule-16 Procedure for imposing minor penalties –

(a) Inform the Govt. servant in writing about the proposal to take action
under Rule-16 along with the imputations of misconduct or
misbehaviour, requiring him to make his representation.
(b) Hold an inquiry in the manner laid down under Rule-14 where
necessary
(c) Take the representation and record of inquiry, if any, into
consideration.
(d) Record the findings on each imputation of misconduct or
misbehaviour.
(e) Consult UPSC where necessary
(f) Pass orders imposing the penalty.

Rule-17 Communication of orders

Orders of the Disciplinary Authority shall be communicated to the Govt.

servant along with copy of its findings on each article of charge. Copy of
UPSC advice, if any, may also be supplied and where DA has not accepted
the advice of the Commission, a brief statement of the reasons thereof may
also be given.

Rule-18 Common proceedings

Where two or more Govt. servants are involved in any case, the
President or an authority competent to impose the penalty of dismissal on all
such Govt. servants may order common proceedings. If the authorities are
different, the order may be made by the highest of such authorities with the
consent of the others.

The order shall specify

a) authority which may function as Disciplinary Authority

 b) penalties which such DA shall be competent to impose

c) whether procedure under Rule-14 or Rule-16 shall be followed.

Rule-19 Special provisions in certain cases –

The inquiry proceedings can be dispensed with in the following cases:

(i) Where any penalty is imposed on the ground of conduct which led to
conviction on a criminal charge.

(ii) Where the Disciplinary Authority is satisfied for reasons to be recorded

in writing, that it is not practicable to hold the inquiry.

(iii) Where the President is satisfied that in the interest of security of

State, it is not expedient to hold such inquiry.

However in a case under clause (i), Govt. servant should be given an

opportunity
for making representation before any order is passed.

In cases under clause (i), having Vigilance angle, CVC should be

consulted.

Appeals –

Rule-22 Orders against which no appeal lies

i) Any order made by the President

ii) Any interlocutory order, other than order of suspension
iii) Any order passed by the IA in the course of an inquiry under Rule-
14

Rule-23 Orders against which appeal lies –

(i) Order of suspension

(ii) Order imposing any of the penalties
(iii) Order enhancing penalty
(iv) Order denying or varying pay and allowances, pension or other
conditions of
service
(v) Order stopping at EB
(vi) Reverting to lower post while officiating in higher post
(vii) Reducing or withholding pension
(viii)Determining subsistence allowance
 (ix) Determining pay & allowances for the period of suspension
(x) Determining the period of suspension

Rule-24 Appellate Authority –

1) Appeal against any of the orders specified in Rule-23 may be made to

the authority specified in the Schedule or by a general or special order
of the President.

2) In the case of CCS employees in Group ‘A’ and ‘B’ –

(a) to the Appointing Authority, if the order was made by a subordinate

authority, or
(b) to the President, if the order was made by any other authority.

3) In the case of CCS employees in Group ‘C’ & ‘D’ – the next higher
authority.

4) In common proceedings – to the immediate superior authority of the

Ad-hoc Disciplinary Authority.

5) Where the person who made the order subsequently becomes

Appellate Authority – appeal lies to the next higher authority.

6) If penalty is imposed on a Govt. servant by an authority other than the

President, in respect of his activities as an office bearer of an
Association or Union participating in the JCM - appeal lies to the
President.

Rule-25 Period and limitation of appeals

An appeal should be preferred within 45 days from the date of delivery

of the orders. Appellate Authority may condone the delay for sufficient
reasons.

Rule-26 Form and content of the appeal

1) Every person making an appeal should do it separately.
2) The appeal shall be presented to the appellate authority with a copy to
the authority which made the order. It shall contain all material
statements, arguments but shall not contain any disrespectful or
improper language.

Rule-27 Consideration of appeal

 1) In case of an order of suspension, the Appellate Authority shall consider
whether the suspension is justified or not and confirm or revoke the
order accordingly.

2) In case of an appeal against an order imposing any of the penalties,

the Appellate Authority shall consider -

a) whether the procedure laid down in the CCS(CCA) Rules have been
complied
with ;
b) whether the findings are warranted by evidence on record ;
c) whether the penalty imposed is adequate, inadequate or severe and
pass orders
(i) confirming, enhancing, reducing or setting aside the penalty

Or
(ii) remit back the case. UPSC should be consulted where such
consultation is necessary before passing the orders.

Rule-28 Implementation of orders in appeal –

The authority which made the order appealed against shall implement
the orders of the Appellate Authority.

Revision & Review –

Rule-29 Revision - who are the authorities competent to Revise an

order ?

(i) The President

(ii) C&AG in the case of employees serving in Indian Audit & Accounts
Department.
(iii) Member (Personnel) under Postal Services Board
(iv) Head of a Department directly under Central Govt.
(v) The Appellate Authority

An application for revision shall be dealt with in the same manner as if

it were an appeal under these Rules.

Original punishing authority not competent to revise its own orders.

Rule 29A – Review

The power of Review under Rule 29A is vested with the President only.
The President may, at any time, either on his own motion or otherwise review
any order passed under these Rules when any material or evidence which
could not be produced or was not available at the time of passing the original
order has come or brought to his notice.

Rule-30 Service of orders, notices etc.

Every order, notice and other process assigned under these rules shall
be served
in person or sent by registered post Acknowledgement due.

Rule-31 Power to relax time limitation or condone delay

The Authority competent to make orders under these rules shall extend
the time limit stipulated in these rules for good and sufficient reasons.

Rule-32 Supply of UPSC’s advice

Whenever the Commission is consulted as per these rules, a copy of its

advice and if its advice has not been accepted, a brief statement of the
reasons thereof, shall be furnished to the Govt. servant along with the order.

Safeguards available to Govt. servants under Article 311 of the

Constitution of India

1) No Govt. servant shall be dismissed or removed by an authority

subordinate to his appointing authority.

2) No Govt. servant shall be dismissed or removed or reduced in rank

except after an inquiry in which he has been informed of the charges
and given an opportunity to defend his case.