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    Rule 11 Letter

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    sanjayv.sanjayv
    This document clarifies rules around recovering pecuniary losses caused by government employees. It states that previous guidelines capping such recovery at 1/3 of base pay over 3 years are not mandated by rules. After consulting the Ministry of Law, it was determined the guidelines cannot override statutory rules allowing recovery of full losses. While severity should be avoided, no rigid limit is necessary for recovery. The implication is that full losses can be recovered from delinquent employees over time.

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    Rule 11 Letter

    Uploaded by

    sanjayv.sanjayv
    16 views2 pages
    This document clarifies rules around recovering pecuniary losses caused by government employees. It states that previous guidelines capping such recovery at 1/3 of base pay over 3 years are not mandated by rules. After consulting the Ministry of Law, it was determined the guidelines cannot override statutory rules allowing recovery of full losses. While severity should be avoided, no rigid limit is necessary for recovery. The implication is that full losses can be recovered from delinquent employees over time.

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    Rule 11 letter

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    This document clarifies rules around recovering pecuniary losses caused by government employees. It states that previous guidelines capping such recovery at 1/3 of base pay over 3 years are not mandated by rules. After consulting the Ministry of Law, it was determined the guidelines cannot override statutory rules allowing recovery of full losses. While severity should be avoided, no rigid limit is necessary for recovery. The implication is that full losses can be recovered from delinquent employees over time.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    16 views2 pages

    Rule 11 Letter

    Uploaded by

    sanjayv.sanjayv
    This document clarifies rules around recovering pecuniary losses caused by government employees. It states that previous guidelines capping such recovery at 1/3 of base pay over 3 years are not mandated by rules. After consulting the Ministry of Law, it was determined the guidelines cannot override statutory rules allowing recovery of full losses. While severity should be avoided, no rigid limit is necessary for recovery. The implication is that full losses can be recovered from delinquent employees over time.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    No. 11012/1/2000-Estt.

    (A)
    Government of India
    Ministry of Personnel, Public Grievances & Pensions
    (Department of Personnel & Training)

    New Delhi, dated the 6th September,2000

    OFFICE MEMORANDUM

    Sub. : Rule 11 (iii) of the CCS (CCA) Rules, 1965 -


    Recovery of pecuniary loss caused by a Government
    servant-Clarifications regarding.

    The undersigned is directed to say that references are


    being received in this Department seeking clarification
    whether the instructions contained in DGP&T Letter No.
    3/313/70-Disc-I dated 17.08.1971 are applicable to
    Government servants serving in other Ministries/
    Departments also.

    2. The DGP&T's instructions mentioned above provide


    that recovery from the pay of a Government servant as a
    punishment for any pecuniary loss caused by him Jo the
    Government by negligence or breach of orders, should not
    exceed 1/3 of his bask pay (i.e. excluding dearness pay or
    any other allowances) and should not be spread over a
    period of more than three years. However, no such limits
    have been prescribed in the statutory rules i.e. in Rule 11
    (iii) of the CCS (CCA) Rules, 1965.

    3. The matter has been examined in consultation with


    the Ministry of Law. It was observed that the DGP&T
    instructions prescribed the procedure to effect the recovery
    of the amount levied as penalty In terms of Rule 11 (iii) of
    the CCS (CCA) Rules, 1965 and these procedural
    Instructions cannot amend, supercede, or modify the
    substantive, provisions of Rule 11 (iii) of the CCS (CCA)
    Rules, 1965. While it is expected that in Imposing the
    penalty of recovery of pecuniary loss the disciplinary
    authority should not display such severity that a

    -2)
    -2-

    Government servant suffers hardship disproportionate to


    his negligence/misconduct that led to the loss, it is not
    necessary to fix a rigid limit for the purpose of such
    recovery. The DGP&T instructions would, therefore, be
    treated as unwarranted. Therefore, the implication of this
    OM is to recover the entire loss from the delinquent official
    but the recovery may be spread over till entire loss is
    recovered.

    (Smt. S. Bandopadhyay)
    Director
    To

    All Ministries/Departments of the Government of


    India.

    Copy to :

    1. Comptroller and Auditor General of India, New


    Delhi.
    2. Union Public Service Commission, New Delhi.
    3. Central Vigilance Commission, New Delhi.
    4. Central Bureau of Investigation, New Delhi.
    5. All Union Territory Administrations.
    6. Lok Sabha/Rajya Sabha Secretariat.
    7. All Attached and Subordinate Offices of the Ministry
    of Personnel, Public Grievances and Pensions and
    Ministry of Home Affairs.

    (Smt. S. Bandopedhyay)
    Director

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