Postal Manual

Volume III

CENTRAL CIVIL SERVICES (CLASSIFICATION,

CONTROL AND APPEAL) RULES, 1965

AND

SCHEDULE OF ADMINISTRATIVE

POWERS OF OFFICERS

(Corrected upto 1 July 1986)

Department of Posts India

NOTICE

This volume of the Postal contains : (i) Chapter on Discipline (ii) Central Civil, Services (Classification, Control and Appeal) Rules 1965, (iii) Rules relating to appointment, penalties and appeals of employees excluded from the operation of the Central Civil Services (Classification, Control and Appeal) Rules 1965, and (iv) Schedules showing the administrative powers of the different classes of officers of the Indian Postal Department, other than those vested in and exercised by them under (1) the Indian Post Office Act and the Indian Post office Rules, (2) Rules for the guidance of Depositors in Post Office Savings Bank, (3) The Cash Certificate Rules, and (4) Compilation of the Fundamental and Supplementary Rules.

TABLE OF CONTENTS

POSTAL MANUAL VOLUME III

CHAPTER 1

DISCIPLINE

The procedure to be followed in disciplinary cases against Government servants in laid down in detail in the Central Civil Services (Classification, Control and Appeal) Rules, 1965, which have been reproduced in Schedule 1-A of this Manual. These rules alongwith Article 311 of the Constitution have necessarily to be studied thoroughly by all the authorities which have been vested with disciplinary powers. Various instructions and classifications in regard to these rules have been issued from time to time. These instructions are to the extent necessary incorporated in the chapter for the guidance of all officers having disciplinary powers.

Stages of Disciplinary proceedings

2. The procedure as laid down in the Central Civil Services (Classification, Control and Appeal) Rules, 1965, is required to be followed rigidly. Any failure in its due observance is liable to vitiate disciplinary proceedings including the final punishment order passed. The various stages in a disciplinary case are given below :

(a)

(b)

(c)

NOTE:-Even though withholding of increment is a minor penalty, Government have decided that an enquiry should be held in the manner laid down in Sub Rules (3) to (23) of Rule 14 of CCS (CCA) Rules, 1965, if it is proposed :-

(i)

(ii)

(iii)

(d)

3. First Stage : When a report is received about the commission of an offence by an employee the appropriate authority should decide whether or not there is justification for having the matter investigated into. At the stage of preliminary enquiries, all available evidences and relevant documents should be collected and in important cases, evidences of witnesses be reduced to writing and got signed by them, if possible, in the presence of the accused employees. No prior sanction of the punishing authority is necessary for holding such a preliminary enquiry. The investigation report alongwith the preliminary evidences collected should then be examined by the appropriate authority to come to a decision whether a prima-facie case exists for initiation of formal disciplinary proceedings. The office responsible for the decision should take care not to express, as far as possible, any definite opinion on the merits of the final outcome of the case. If this decision is taken at a level lower than the competent disciplinary authority, all the papers should then be forwarded to that authority for taking a final decision and initiation of disciplinary proceedings. Even if it is felt that there is no justification for initiation of disciplinary proceedings, it is desirable that the papers are shown to the competent disciplinary authority for his information. At this stage itself the competent authority should examine whether pending disciplinary proceeding, the official should be placed under suspension, and issue order in the form prescribed.

4. Second Stage : On receipt of all the relevant papers, the authority receiving them should take a decision whether the proceedings should be initiated for a major or a minor penalty. In a case of minor penalty, the authority may, even at this stage, decide whether an enquiry should be held in regard to the allegations to be leveled against the official concerned. Thereafter it should satisfy itself by a reference to the schedule to the CCS (CCA) Rules, 1965, and rule 12 of those rules that it is competent to issue the necessary charge sheet and impose a major or minor penalty as the case may be. The charge sheet should the be drafter in the prescribed form giving all the details as required under Rule 14 or Rule 16 of the above rules as the case may be, while framing the charge sheet, the following points should be kept in mind :-

(i)

(ii)

(iii)

(iv)

NOTE: When the Memorandum of charges is sent by post, it should be enclosed in a Registered Cover with acknowledgement due.

5. Third state : (i) On receipt of the statement of defence of the accused officer, a preliminary examination should be made by the disciplinary authority with a view to finding out whether the official has admitted any or all the charges leveled against him. In the cases of proceedings for a major penalty, enquiry into such of the charges as are not categorically admitted by the accused official is obligatory. If an enquiry is required to be held, the disciplinary authority should decide whether it would like to hold the enquiry itself or to appoint a separate Enquiry Officer. The status of the Enquiry Officer should not in any case be lower than that of the accused officer. In making a selection, the disciplinary authority should pay due regard to the seriousness of the alleged offence and also to the status of the accused officer. In fairness to the accused, as well as to the Enquiry Officer, the enquiry should not be entrusted :-

(a)

(b)

(ii)

(iii)

(iv)

6. Fourth Stage : On receipt of the Enquiry Officer’s report, the competent disciplinary authority should examine the report carefully with a view to taking a decision whether the charges have been established and whether the recommendations of the Enquiry Officer in this regard should be accepted. In case, the disciplinary authority does not accept any of the recommendations of the Enquiry Officer, it shall give its own findings, discussing the relevant evidences in support thereof. At this stage, it will be open to the disciplinary authority either to direct the Enquiry Officer to hold supplementary enquiry for further examination of any of the witnesses or may itself hold a supplementary enquiry subject to the restrictions imposed by the note below sub-rule 15 of Rule 14 of CCS (CCA) Rules. However, the disciplinary authority at this stage is debarred from taking into account any evidence, either documentary or oral, which had not been adduced during the formal enquiry. Accordingly, it will not be proper to bring in extraneous matters, such as bad records to service, not connected with the enquiry for either establishing the charge or for deciding the quantum of penalty. If however, the accused officer makes a request for a lenient view being taken on the ground of his previous records of service or good conduct in his brief submitted to the Enquiry Office, no injustice is likely to accrue to the accused officer if his previous bad service records weigh with the disciplinary authority is not agreeing to show leniency.

After the disciplinary authority has arrived at a decision about the charges, it should take a decision about the quantum of penalty which is considered to be justified on the basis of the charges held to have been established against the officer. The disciplinary authority should thereafter issue the final punishment orders. A copy of the enquiry report alongwith the findings of the disciplinary authority should be attached with the punishment orders. In case, the disciplinary authority is itself the enquiring authority, a copy of its own report should be furnished to the delinquent officer alongwith the punishment orders. In some cases, a delinquent may not offer any defence to the chargesheet served on him. Even in such cases, the usual procedure of holding an enquiry has to be followed. If the accused officer does not attend the enquiry, an ex-parte enquiry should be held. During this enquiry, the Enquiry officer should follow the prescribed procedure of inspection of the original records produced in support of the charges and of examination and cross-examination of the witnesses produced on behalf of the disciplinary authority. In case the proceedings are for a minor penalty, the disciplinary authority should pass the final punishment orders after giving due consideration to the defence unless an enquiry is required to be held in accordance with the provisions of Sub Rule 1-A of Rule 16 of CCS (CCA) Rules, 1965.

NOTE:- The procedure which is required to be followed for holding a joint enquiry in which two or more Govt. servants are involved is laid down in Rule 18 of the CCS (CCA) Rules, 1965.

7. In a case in which it is necessary to consult the Union Public Service Commission, the disciplinary authority should forward the enquiry report alongwith the relevant records in original to the Commission and pass the final orders only on receipt of the Commission’s advice. A copy of the Commission’s advice should also in that case be forwarded to the accused officer. On the issue of the punishment orders, the officers if already under suspension and if not dismissed, removed, or compulsorily retired from servicefi should be released from suspension and the period of suspension regulated under FR 54. In appropriate cases, the desirability of releasing the officer from suspension should be examined even at an earlier stage to ensure that no officer is kept under suspension beyond the minimum period essentially required. An order should be issued in the form as prescribed.

8. The order of punishment should be framed in a proper judicial form. It should contain a sufficient record of the evidence (including oral evidence, if any) and a statement of the findings and ground thereof. In other words, the punishment order should contain :-

(i)

(ii)

(iii)

(iv)

A copy of the order must be furnished to the employee punished under receipt which must be kept on record attached to the original order or punishment in the personal file of the official concerned or in the file from which the order is issued as the case may be. Particulars of the punishment awarded to the official should be recorded in this confidential record. The adverse remark to be recorded should be prepared in duplicate , one copy to be signed and returned by the official to be kept in his confidential record. In case where an official prefers an appeal and his appeal is upheld either wholly or partially, particulars of the appellate order should be recorded in the confidential record.

9. The special circumstances under which the procedure laid down in Rule 14 or 16 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 is not required to be followed, are given in Rule 19 ibid. The form of order issued in such cases is shown in Appendix.

NOTE : In judicial trials, it sometimes happens that some censure is passed on the public servant in a side remark from the Bench, which he has no opportunity of answering, or which the Presiding Officer may not have thought of sufficient importance to require verification. Such a remark should not be taken as a deliberate judgement and unless convicted at a judicial trial, an employee should always be given the opportunity of defending himself against nay imputation that he may have therein incurred.

10. It may be that the circumstances of a case are such that an accused employee should be allowed the option of resigning his appointment in the Department. If so, and if he then voluntarily tenders an unconditional resignation, this should be accepted without comment, subject to the provision of Rule 158.

11. Copies of all punishment orders effecting the pay of the employee punished should be sent to the head of the office from which his pay is drawn and to the Director of A/cs (Postal) alongwith the pay bill.

Consultation with Central Vigilance Commission

12. In all Vigilance cases relating to Gazetted Officers, the Central Vigilance Commission should be consulted during the progress of the case at the following stages :

(i)

(ii)

(iii)

(iv)

(v)

(vi)

(vii)

NOTE I : In consonance with the spirit of the Scheme of the Central vigilance Commission only those cases in which there is an allegation of corruption or improper motive, or if the alleged facts indicate an element of corruption or improper motive, need be referred to the Commission. Cases involving purely administrative or technical lapses e.g. late attendance, disobedience, insubordination, negligence, lack of supervision or operational or technical lapses and irregularities etc., need not, therefore, be referred to the Commission. However, difficulty sometime arises in distinguishing vigilance cases from no-vigilance cases. In all such cases discretion has to be exercised by the administrative authority. Broadly speaking it may be stated that any case which prima facie has a vigilance angle or which has the potentiality of having a vigilance angle should be referred to the Commission for advice.

NOTE II : Heads of Circles and Administrative Officers who are competent to impose minor penalty on class II officers may consult the Commission direct.

Suspension

13. The appointing authority or any authority to which it is subordinate or any other authority competent to impose on a Government servant any of the penalties specified in rule 11 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, may place that Government servant under suspension under the circumstances laid down in rule 10 of the said rules. A Government servant who is undergoing a sentence of imprisonment shall also be dealt within the manner laid down in sub rule (2) of rule 10 of the said rules pending decision of the appropriate disciplinary authority about the final action to be taken against him in accordance with the provision of rule 19 ibid.

14. If an order of suspension is passed by an authority lower than the appointing authority, that authority will report to the appointing authority the circumstances in which the order was passed.

15. Where the services of a Government servant are borrowed from or lent to by one department to another department or from or to a State Government or an authority subordinate thereto or from or to a local authority or other authority, the borrowing authority can suspend such Government servant under rule 20 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. The lending authority should, however, be informed forthwith of the circumstances leading to the order of suspension.

16. Before passing an order of suspension, the authority proposing to make the order, should verify whether it is competent to do so. Otherwise, the suspension order is liable to be declared to the grant of full pay and allowances for the period of suspension. A Government servant should not be placed under suspension by or oral order.

17. A suspended Government servant continues to be in the grade held by him immediately before suspension and does not suffer a reduction in rank. Suspension may, however, cause a lasting damage to Government servant’s reputation even if he is ultimately exonerated or is awarded only a minor penalty. The competent authority is, therefore, expected to exercise his power with proper care and caution. As an alternative, it may be considered whether the purpose cannot be served by transferring the Government servant elsewhere or by granting leave due and admissible in case the suspect officer prefers to proceed on leave. If the suspect officer is already on leave or absent without permission, the orders of suspension, if any, should normally be given effect to only from the date the said officer returns from leave or desires to resume duty. The following instructions should guide an officer in suspending an employee :-

(a)

(b)

(c)

(d)

(e)

(i)

(ii)

(iii)

(f)

(g)

(i) if the alleged offence or conduct on the part of the employee involves moral turpitude;

(ii) where the charge relates to corruption, embezzlement or misappropriation of Government money, possession of disproportionate assets, mis-use of official powers for personal gains, or serious negligence and dereliction of duty resulting in considerable loss to Government.

NOTE 1 : While suspension of an official may be justified at the initial stage, it should always be ensured by the suspending authority be undertaking periodical reviews that the period of suspension of an official is reduced to the barest minimum. For this purpose, every effort should be made to file the chargesheet in court or serve the chargesheet on the Government servant, as the case may be, within three months of the date of suspension. In cases where it may not be possible to do so, the disciplinary authority should report the matter to next higher authority explaining the reasons for the delay. That authority should consider whether it is still necessary to continue the official under suspension or the suspension order should be revoked. The intention is that in cases other than those pending in courts, the total period of suspension viz. both in respect of investigation and disciplinary proceedings should not ordinarily exceed six months. However, in exceptional cases where it is not possible to adhere to this time-limit the suspension may be continued only under the specific order of the authority immediately superior to the disciplinary authority. In case the order of suspension is revoked, the authority ordering the revocation shall pass an order immediately regulating the period of suspension as required under Sub-Rule 1 of F.R. 54-B. For this purpose, it is not necessary for that authority to await the finalisation of the disciplinary or court proceedings. Where the order regulating the period of suspension its issued pending finalisation of the disciplinary or court proceedings, it should be reviewed by the concerned authority on its own motion after the conclusion of the proceedings as required under Sub- Rule 6 of F.R. 54-B.

NOTE 2 : “Where documentary and oral evidence has already been collected and the risk of tempering with evidence (documentary or oral) by the official no longer exits. The cancellation of the suspension order should be considered by the component authority. when, however, there is still such a risk the question of his transfer should be considered keeping in view the nature and gravity of offence committed by the official.”

NOTE 3 : A Government servant against whom a criminal charge or a proceeding of arrest for debt is pending should also be placed under suspension by the issue of specific orders to this effect during the periods when he is not actually detained in custody or imprisoned e.g. while released on bail, if the charge made or proceeding taken against his is connected with his position as a Government servant or is likely to embarrass him in the discharge of his duties as such or involves moral turpitude.

18. It is the duty of a Government servant who may be convicted by a Court of law or arrested, to inform his official superior of the fact of his conviction and the circumstances connected therewith as soon as it is possible for him to do so. Failure in this regard will be regarded as suppression of material information and will render him liable to discipl9nary action on his ground. Alone, apart from the penalty called for on the basis of the offence on which his conviction was based.

19. Except in cases which an employee is deemed to have been placed under suspension under rule 10(2) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, an order of suspension will normally take effect to from a back date. In a case in which the officer to be suspended (a) is stationed at a place other than the headquarters of the competent authority or his is on tour (b) he is holding charge of stores and/or cash the order of suspension will not take effect from the date of issue of the orders. In a case of the type (a) above, the orders of suspension will take effect from the date of receipt of the orders by the employee or the date of his relief to be specified by the Competent authority. In a case of type (b) above, the competent authority should, taking into account the circumstances of the case, lay down that the checking and verification of stores and or cash should commence on receipt of the orders of suspension and be completed by a specified date from which suspension should take effect.

20. The station of posting immediately before his suspension will be the headquarters of the suspended officer. The disciplinary authority may, however, for reasons to be recorded in writing, fix any other place as his headquarters in the interest of public service (vide Govt. of India’s decision No. 3 below S.R. 153-A). A change of headquarters can be also be ordered at the request of the suspended officer if the competent authority is satisfied that it will not put Government to any extra expenditure in the shape of T.A. etc or create difficulty in investigation or in processing of departmental proceedings.

21. A suspended officer is subject to all conditions of services applicable to Government servants. He should not accordingly leave his headquarters without the permission of the disciplinary authority.

22. Suspension should not be continued beyond the minimum period for which it is essentially required. If the finalisation of the court case or departmental proceedings is likely top be delayed, the feasibility of revoking the orders of suspension and transferring the official to any other post or office, if necessary, should be considered.

23. An order of suspension made or deemed to have been made can be revoked at any time for good and sufficient reasons by the authority who made the orders or is deemed to have made or by any other higher authority.

24. A copy of the order placing an employee under suspension (other than those whose names are not shown in the Establishment pay bills) and also a copy of the subsequent order either releasing the employee from suspension of compulsory retirement, should be forwarded by the officer issuing the order to the Director of A/c’s ‘Postal’ to enable him to audit grants payable to the official concerned, and to know whether the period of suspension may count for pension or not.

In the case of an employee whose name is not required to be shown in the Establishment pay bill or in the annual Establishment return a copy of the order should accompany bill of the employee concerned.

Copies of orders must also be sent to the officer in whose custody the Service book or Service Roll is kept to enable him to make necessary entries in the Service Book or Service Roll as the case may be.

25. A Government servant under suspension is entitled to subsistence allowance from the date of his suspension at the rate prescribed in F.R. 53. If the period of suspension exceeds 3 months, the suspending authority may vary the rate of subsistence allowance for the subsequent period of suspension in accordance with the provisions of the rule referred to above. Normally it is not advisable that any orders revising the rate of subsistence allowance, are given retrospective effete. Suspending authorities should, therefore, maintain a register for noting all the suspension cases to enable them to undertake reviews as soon as a suspended officer has completed three months under suspension,. In each case, specific orders should be passed by the competent authority placing on record the reasons for the decision decreasing/increasing or allowing the rate of subsistence allowance to remain unaltered.

NOTE 1 : In a case where the period of unemployment is subsequently treated as period of suspension on the reinstatement of the official, the rate of subsistence allowance for that period cannot, however, be increased or decreased under the provisions of F.R. 53.

NOTE 2 : Where departmental proceedings against a suspension employee for the imposition of a major penalty finally end with the imposition of major penalty, the suspension can be said to be wholly unjustified in terms of FR (54-B) and the employee concerned should, therefore, be paid full pay and allowances for the period of suspension by passing a suitable order under F.R. 54-B.

26. After the first review, it will be open to the competent authority to make a further review or reviews at any time at its discretion. However, the increase or decrease at any stage should not exceed the limit of 50 percent of the subsistence allowance granted initially.

27. The maximum and minimum limits in respect of leave on half average pay prescribed in F.R. 89 and 90 and on leave on half pay in rule 15(2) of the Revised Rules will be applicable, to the initial rate of subsistence allowance under F.R. 53, but will not apply when it is increased or decreased after the first 3 months of suspension.

Recoveries from subsistence Allowance

28. The following recoveries from the subsistence allowance are compulsory :-

(i) income tax and super tax.

(ii) house rent, electricity, water and other charges.

(iii) repayment of loans and advances taken from the Government at such rates as the Head of the Department deems it just to fix.

29. The following recoveries are optional and should be made only with the consent of the suspended officer :-

(i) P.L.I. premia.

(ii) Dues of the Co-operative stores and Co-operative Societies.

(iii) Refund of advance taken from the G.P.F

30. The following recoveries are not to be made from the subsistence allowance :-

(i) Subscription to G.P.F.

(ii) Amount due on court attachments.

(iii) Recoveries of loss to Government for which the suspended officer has been held responsible.

Admissibility of D.A. & C.A. during suspension

31. Recovery of over-payment can be made from the subsistence allowance at the discretion of the competent authority but the rate of recovery should not in any case exceeds 1/3rd of the subsistence allowance excluding D.A. and other allowances.

32. Rates of D.A. admissible to a suspended officer will be equal to the amount admissible had he been on leave on leave salary equivalent to the subsistence allowance payable from time to time. Compensatory allowances admissible to him will however be at the rate admissible with reference to the emoluments which he was in receipt immediately prior to his suspension.

House Rent Allowance during suspension

33. A Government servant who has been in occupation of rent-free accommodation will cease to enjoy the concession from the date of suspension but he will not be required to vacate the quarter unless it is attached to any particular post. However, rent at the usual rate will be recovered from him. If ultimately the employee is allowed full pay and allowances for the period of suspension, the concession of rent-free accommodation will stand restored and rent, if recovered, for the period of suspension will be refunded. If however, the employee had been made to vacate the quarter, he will be entitled to house rent allowance in lieu of rent-free accommodation only if house rent allowance is otherwise admissible at the headquarters of his suspension. The house-rent allowance will be calculated with reference to the pay that he was drawing for the period of suspension.

Subsistence Allowance in the case when paid prior & reinstatement is regulated as suspension

34. In the case of Government servant dismissed, removed or compulsorily retired from service who is subsequently deemed to have been placed under suspension or to continue to be under suspension from the date of such dismissal, removal or compulsory retirement under Rule 10 of the Central Civil Services (Classification, Control and Appeal) Rules 1965, he shall be entitled to subsistence allowance and other allowance for such period of suspension but the amount of earnings, if any, for the period will be deducted from the subsistence allowance. In such a case, the rate of subsistence allowance will not be liable to be decreased or increased retrospectively for the period of suspension beyond the first 3 months.

Option for revised scale of pay

35. When the scale of pay of a post held by the Govt. servant under suspension is revised and the revision takes effect from a date prior to the date of suspension, the Government servant should be allowed to exercise the option under G.R. 23 even if the date by which he is to exercise the option falls within the period of suspension. He will be entitled to the benefit of increase in pay, if any, in respect of the period before suspension and also in the subsistence allowance for the period of suspension.

Procedure in respect of temporary Government servants the term of whose post expires or he is likely to be retrenched before proceedings are completed

36. In the case of a temporary Government servant if the tem of the temporary post held by him at the time of suspension is likely to expire or if he otherwise becomes liable to be retrenched from service before the disciplinary proceedings are likely to be completed, it may be considered on merits whether;

(a)

(b)

(c)

If it is decided to continue the disciplinary proceedings, the temporary post should be extended for an appropriate period under orders of the authority competent to sanction such extension. If delay is anticipated in obtaining the sanction of the competent authority competent to dismiss or remove the Government servant concerned from service may issue orders extending the post without reference to the competent authority. The vacancy caused by such extension should not, however, be filled.

Termination of Service under suspension

37. The services of a temporary Government servant can be terminated under Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965, while he is under suspension or/and departmental proceedings are pending against him.

Acceptance of resignation during suspension

38. If a Government servant who is under suspension, submits his resignation the competent authority should examine with reference to the merits of the disciplinary case pending against him whether it would be in the pubic interest to accept the resignation. Normally, an officer is placed under suspension only in cases of grave delinquency and it would not be correct to accept the resignation of an officer under suspension. Exception, may however, be made only in cases in which :-

(i)

(ii)

(iii)

Regulation of the period of suspension

39. On release from suspension, the period of suspension should be regulated in accordance with the provisions of F.R. 54.

40. Unauthorised absence from duty is opposed to discipline and a serious view may be taken of it. Such unauthorised absence would include the following cases :

(i)

(ii)

(iii)

A Government servant who is unauthorisedly absent from duty will normally be allowed to rejoin duty at the end of the period of unauthorised absence. He may be called upon to explain the circumstances in which he was unauthorisedly absent and the action to be taken in his case will be decided by the competent authority on the basis of his explanation. Imposition of any of the penalties prescribed in the CCS (CCA) Rules, 1965, may be considered if the explanation is not considered satisfactory.

In case a Government Servant is absent unauthorisedly and does not report for duty of his own accord the competent authority may order him to rejoin duty and if even then he fails to rejoin duty, a serious view will be taken, which may result in punitive action against him.

In case disciplinary proceedings are instituted against a Government servant while he is on unauthorised absence and he is later allowed to join duty, the question as to how the period of unauthorised absence should be treated will be decided by the competent authority on conclusion of disciplinary proceedings.

In this connection reference is also invited to the proviso to FR. 17(1) under which a competent authority may deal with periods of absence without leave properly sanctioned. Such consequences as break in service and loss of pay and allowances may result from the application of the proviso to FR 17 (I), which leads as follows :

Provided that an officer who is absent from duty without any authority shall not be entitled to any pay and allowance during the period of such absence.

Remittance of subsistence allowance

41. Subsistence allowance of a non-gazetted official can be remitted by service money orders.

Eligibility to appear in Departmental Examinations during suspension.

42. An official under suspension or facing disciplinary proceedings may be admitted to a departmental examination if he satisfies all the other conditions prescribed for admission to such examination. The question of his promotion should, however, be decided taking into account the instructions issued from time to time about the promotion of an official under suspension or against whom disciplinary proceedings are pending.

Disciplinary Authorities

43. The President may impose any of the penalties specified in Rule 11 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 on any person who is a member of Central Service or holds a post in connection with the affairs of the Union. In addition, the authorities competent to impose penalties on members of Group ‘B’, ‘C’ and ‘D’ Services are those mentioned in the schedules to the Central Civil Services (Classification, Control and Appeal) Rules, 1965, which have reproduced in Schedule 1-A of this Manual. This is subject to the general condition that no major penalty, namely, those specified in items (v) to (ix) of Rule 11 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 shall be imposed by any authority lower than the appointing authority as defined by Rule 2(a) of the said Rules.

NOTE : Under the provision of sub-rule (2) of Rule 12 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 the prescribed appointing authorities are competent to impose all the statutory penalties. In the schedule to these rules while powers of appointment in respect of certain Group ‘C’ and ‘D’ cadres have been delegated to non-gazetted officers like Inspectors of Post Offices, Head Record Officer etc., they have not, however, been delegated with the powers to impose any of the major penalties. By virtue of this limitation of their powers in the schedule in this respect these appointing authorities are precluded from exercising the powers of imposing a major penalty.

44. Central Civil Service (Classification, Control and Appeal) Rules are not applicable inter alia to persons who are subject to discharge from service on less than one month’s notice and also to such of the industrial workers as are governed by the certified standing orders. The following cadres have also been specifically excluded from the operation of these rules vide S.R.O.-609 dated 28 February, 1957 :-

(i) Extra-departmental Agents.

(ii)

(iii)

(iv)

(v)

(vi)

45. A penalty can be imposed only by the prescribed punishing authority, an appellate authority or any other authority higher than the appropriate punishing authority cannot exercise any concurrent original disciplinary jurisdication. In no circumstances should an authority higher than the punishment authority issue any direction in regard to the penalty to be imposed. Neither should a punishing authority obtain the guidance or consent of any superior authority in this respect. Nothing in this rule shall affect the authority of the President to impose any of the penalties on any Government servant.

46. An ex-state employee ceased to have all connection with the former state immediately on his absorption in this Postal Department. The rank of the appointing authority in respect of such an employee will, therefore, be that of the authority which was competent to appoint him or actually appointed him in the grade at the time he was absorbed in the Postal Department.

47. A Group ‘A’ Sr. Superintendent of Post Offices and R.M.S. should be deemed to be competent to impose major penalties on an official who was initially appointed by a Senior Time Scale Officer of the I.P.S Group ‘A’, the Jr. & Sr. Time scale of the service having been merged.

48. An officer appointed to perform the current duties of an appointment can exercises administrative or financial powers vested in the full-fledge incumbent of the post but he cannot exercise statutory powers, whether those powers are derived direct from an Act of Parliament or Rules, Regulations and By-Laws made under various articles of the Constitution.

49. Disciplinary authority in respect of an official is to be determined with reference to his posting at the relevant stages of the disciplinary case and not with reference to his posting and status at the time of commission of the offence. The appellate authority in respect of an official is, however, to be determined with reference to the authority which imposed the penalty appealed against and subsequent transfer of the official to separate office will not be a material consideration for the purpose.

50. The authority who conducts the preliminary enquiry into a case of misconduct etc. of a Government servant will not be debarred from functioning as a disciplinary authority in the same case provided it has not openly given out its findings about the guilt of the accused official.

Ad-hoc Disciplinary authority

51. Where the prescribed appointing or disciplinary authority is unable to function as the disciplinary authority in respect of an official on account of his being personally concerned with the charges or being a material witness in support of the charges, the matter should be reported to the Postal Dte. with full details for appointment of an ad-hoc disciplinary authority by the President.

Disciplinary Proceedings

52. The time at which an act was committed or the capacity in which it was committed is not material for deciding whether or not the Central Civil Service (Classification, Control & Appeal) Rules are applicable to an employee. It would, therefore, be quite in order to initiate disciplinary proceedings against a Government servant for some misconduct which is alleged to have been committed at a time when he was not a Government servant, e.g. when he was an Extra-Departmental Agent.

Common Proceedings

53. In case where two or more Govt. servants are involved in the case, the departmental proceedings should, as far as possible, be conducted by the same authority (who will be the higher among them) so that the evidence and the defence statements submitted by the different officials may be examined together. This is possible under Rule 18 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. Even though the official may be in different grades and are working under the jurisdication of different disciplinary authorities, as soon as a case occurs in which two or more Govt. servants are concerned and the disciplinary authorities in respect of them are different, and the President’s Sanction is necessary under rule 18 of CCS (CCA) Rules 1965. The following particulars should be furnished to the Directorate for obtaining President’s sanction for a joint proceedings :-

(i)

(ii)

(iii)

(iv)

(v)

(vi)

54. In other cases the higher competent authority will make the necessary orders. A joint proceeding against Government servants working in the same office who have made complaint against each other should be avoided.

55. When disciplinary proceedings are initiated on the complaint of a private party, there should not normally be any necessity to indicate the name of the Complainant unless he is a material witness in the case. When, however, proceedings are initiated on the basis of the evidence collected after making investigation into the complaint, there should not be any necessity to indicate the name of the complainant or the fact that the investigation were started as a result of the particular complaint.

56. Departmental proceedings should be instituted at the earliest possible stage and it is necessary that while conducting the preliminary departmental investigation into the lapses on the part of the various officials, oral and documentary evidence necessary for departmental action should be collected. So far as the primary offenders are concerned it may not be necessary to wait till the completion of investigation into all the irregularities. As soon as sufficient evidence is collected in respect of a few clear cases of misappropriation, disciplinary proceedings should be initiated.

Disciplinary Proceedings for criminal offences

57. There is no bar to include all charges of violation of departmental rules as well as criminal offences which can be taken up departmentally e.g. misappropriation of Government money, defalcation, and theft of departmental materials etc. But there are criminal offences such as bribery and corruption, murder offences under the Excise Act, etc. which cannot be taken up departmentally. In the case of departmental proceedings, reference to the various clauses of the Indian Penal Code should be avoided. The proceedings should be based on the failure to observe departmental rules and regulations. For instance, in the case of theft of a registered or insured articles, the charge against an employee may not be theft of that articles but failure to account for the articles entrusted to him.

58. In cases of burglary, theft, highway robbery, fire etc. the primary offender is usually an outsider but in some cases collusion of a departmental official may also be suspected. In such cases, sufficient evidence to make the conduct of the official doubtful is available, disciplinary proceedings against him should be drawn up and exemplary punishment imposed. While dealing with such cases, subtle niceties need not be allowed to overshadow the broad facts. While it should be sent hat natural justice is done and that no innocent person is punished, the moral convictions of the disciplinary authorities should not be eclipsed at least by pettifogging arguments.

59. When an employee is reported to, or considered by his immediate superior to be incompetent, or disqualified from any cause of his duties, the latter must take measures to satisfy himself of the case, and take necessary action if he is competent to deal with him or bring the matter to the notice of the competent authority for such action as the latter may deem fit. The report should contain a specific statement of the facts on which the opinion is based.

60. While dealing with the case of an employee deemed incompetent, his immediate superior must afford to him an opportunity to offer an explanation, and his explanation, or a statement to the effect that having been called upon, he has failed to give one, must be submitted to the competent authority with the report where he himself is not competent to deal with the case.

NOTE : An employee charged with incompetence may, if necessary, be made to undergo a written examination in the subjects with which he should be acquainted for the proper discharge of his duties. In the case of a Postal Sorting Assistant or a Sorting Assistant he may further be subjected to a practical test in sorting by means of dummy cards, being required to sort a given number of cards, in a given time in the presence of the officer making the enquiry. The rules regarding examination to test the ability of a telegraphist in signalling will be found in the Postal Volume IV.

61. Under order of the Government of India no employee is, under any circumstances whatever, to be retained in active employment when he is physically or mentally unfit for the proper discharge of his duty. When a Government servant is in bad health and unable to perform his duties in a satisfactory manner, it is his business to apply for and obtain leave. If he does not go on leave, and neglects his duty, the excuse, if put forward, that he was in bad health, will not be accepted. In appropriate cases, the employee may be sent for medical examination for adjusting his fitness to continue in service in accordance with the provisions of the Central Civil Services (Medical examination) Rules, 1957 reproduced in F.Rs. & S.Rs. Vol. II.

Absence without permission

62. Absence of officials from duty without proper permission or when on duty in office, they have left the office without proper permission or while in the office, they refused to perform the duties assigned to them is subversive of discipline. In cases of such absence from work, the leave sanctioning authority may order that the days on which work is not performed be treated as dies non, i.e. they will neither count as service nor be construed as break in service. This will be without prejudice to any other action that the competent authorities might take against the persons resorting to such practices.

63. Whenever an official continues to remain absent from duty, overstays leave without permission and his movements are not known or he fails to reply to official communications, the disciplinary authority may initiate action under Rule 14 of the CCS (CCA) Rules, 1965. In all such cases, the competent authority should, by a registered A.D. letter addressed to the official at his last known address, issue a chargesheet in the form prescribed for the purpose and call upon the official to submit a written statement of defence within a reasonable period to be specified by that authority. If the letter is received undelivered or if the letter having been delivered, the official does not submit a written statement of defence on or before the specified date or at a subsequent stage does not appear in person before the Enquiry Officer, or otherwise fails or refuses to comply with the provisions of CCS (CCA) Rules, the enquiring authority may hold an ex parte enquiry. The notices of all hearings should be served on the accused or communicated to him unless the first notice says that the enquiry will continue from day to day. In ex parte proceedings, the entire gamut of the enquiry has to be gone through. The notices to witnesses should be sent, the documentary evidences should be produced and marked, the Presenting Officer should examine the prosecution witnesses and the enquiring authority may put such questions to the witnesses as it think to be fit. The enquiring authority should record the reasons why he is proceeding ex parte and what steps he had taken to ask the accused official to take part in the enquiry and avail of all the opportunities available under the provisions of Rule 14 of the CCS (CCA) Rules. In such a case, the details of what has transpired in his absence, including depositions, should be furnished to the accused officer. During the course of enquiry, the accused is free to put in appearance and participate in the enquiry. If the accused appears in the enquiry when some business has already been transacted, it is not necessary to transact the same business again unless the accused official is able to give justification to the satisfaction of the Enquiry Officer for not participating in the enquiry earlier. The competent authority may, thereafter, proceed to pass the final orders dismissing or removing the official from service after following the prescribed procedure.

64. The procedure outlined above can be observed in the case of a Government servant whether permanent or temporary remaining absent without authority etc. Such a government servant should not be placed under suspension but when an official who is under suspension disappears and cannot be contacted at his last known address, the suspension orders should be lifted and the proceedings in the manner stated above initiated for his removal in absentia.

65. In the case of a temporary govt. servant remaining absent in excess of the limits laid down in the Rule 32 (2) (a) of the CCS (Leave) Rules. 1972, disciplinary proceedings under Rule 14 of CCS (CCA) Rules should be initiated and the case processed in the usual manner.

Avoiding of transfers

66. As far as possible, after the irregularities on the part of an official have been detected and disciplinary proceedings against him are contemplated he should not be transferred out of the jurisdiction of the disciplinary authority who is to conduct the departmental proceedings even though it may sometimes be found desirable to transfer the official to an outstation within the jurisdiction of the same disciplinary authority. If an official in the selection grade in a different division is also considered to be responsible for lapses etc. which would justify departmental action, the question of his transfer to the division where the fraud or loss has occurred and where all the records etc. would be available for inspection, should be examined and where necessary, the circle office addressed for necessary action.

Action against supervisory officers

67. The laxity on the part of the supervisory officials should be viewed as seriously as the negligence on the part of the operative staff. Sometimes, the laxity on the part of the supervisory officials may have to be viewed more seriously as there may be extenuating circumstances like the pressure of crowd waiting at the counter, insufficiency of light etc. in the case of an operative staff. A supervisory official who works in the comparative seclusion of the inner sanctuary of an office cannot complain of such difficulties. The failure on the part of supervisory official to go round the office and exercise a personal watch over the operative staff should also be given due consideration in cases of frauds etc.

68. In a case of loss caused to the Government, disciplinary proceedings need not be kept pending on the ground that the exact amount of loss caused to Government after taking into account the payments made and recoveries effected as a result of imposition of fines etc. on the principal offender is not generally available until after conclusion of court proceedings. In such cases, the disciplinary authorities should proceed on the basis of the total amount of fraud or loss. If recoveries from other sources become possible subsequently, the orders of punishment already passed should be reviewed.

Verification of facts

69. It is necessary and desirable that disciplinary authorities before initiating action against employee verify facts from the original records.

Issue of chargesheet in Hindi

70. It should as far as possible be ensured that the delinquent official understands fully the charges he is called upon to explain. Since Hindi has become official language of the Union and use of English language continues, the chargesheet may be served in English or Hindi. It is for the delinquent to get the same translated into some other language for his own benefit.

71. Disciplinary proceedings against an official should be kept pending if he is on leave on medical grounds and it has been so recommended by the authorized medical practitioner. In such case, the accused officer should also be allowed reasonable time for the submission of his defence.

Inspection of documents

72. An accused officer should make a request for inspection of the relevant documents before the stage of the formal enquiries. Any such request made thereafter can be refused. However, if the accused official makes a request before he files a written statement during the enquiries for inspection of statements of witnesses recorded in the course of a preliminary enquiry conducted by the department or investigations made by police, it should be acceded to provided these witnesses have been examined during the enquiries.

73. Rule 14, of the CCS (CCA) Rules, 1965 does not provide for supply of copies of documents. Therefore, it should not ordinarily be necessary to supply copies of documents to the accused officer. It would be sufficient if an accused official is allowed to inspect the relevant documents. It should not also, normally be necessary to grant permission to the accused officer to take photostat copies of certain documents. However, if the documents of which Photostat copies are sought for, are vitally relevant to the case e.g. where the proof of the charge depends upon the proof of the hand-writing of document, the authenticity of which is disputed, the disciplinary authority should itself consider the question of making a Photostat copies thereof to supply the same to the accused official.

74. The right of access to official records by an accused official for submission of his defence is not unlimited and it is open to the disciplinary authority to deny such access if, in its opinion, such records are not relevant to the case or it is not desirable in the public interest to allow such access. The power to refuse access to official records should, however, be sparingly exercised. In a case where it is decided to refuse access to a particular document, reasons for refusal should be cogent and substantial and should invariably be recorded in writing.

75. Reports submitted to Government or other competent authority including disciplinary authority by an officer appointed to hold a preliminary enquiry, to ascertain facts or by the police after investigations are usually confidential and intended only to satisfy the competent authority whether regular departmental enquiry or any other action is called for. Ordinarily, a reference to what is contained in this report should not be made in the statement of allegations. It is not accordingly necessary to give access to the accused official to these reports.

76. The statements recorded during the preliminary enquiries of such witnesses as are proposed to be examined during the formal enquiries, should be allowed to be inspected by the accused officer. It is not obligatory to allow inspection of statement of other witnesses.

77. Rule 16 of the CCS (CCA) Rules, 1965 does not make it incumbent on the part of the disciplinary authority that it should give the accused official an opportunity to inspect the relevant records provided no formal enquiry is considered necessary by the disciplinary authority. If, however, an accused officer in such a case makes a request for permitting him to inspect the relevant records to enable him to submit his defence, the disciplinary authority may grant the necessary permission.

Entitlement of T.A. and D.A. for attending Departmental enquiry

78. An official on duty or leave or under suspension is entitled to T.A. as for journey on tour, without any allowance for halt on journeys or at the outstation, for the journeys undertaken by him to the station where the official records are made available. The T.A. will be allowed from the headquarters of the Government servant or from any other place where the suspended officer has been permitted on his own request to reside but not exceeding what would be admissible had the journey been undertaken from the headquarters of the Government servant. The grant of T.A. will be subject to the following conditions:-

(i) the enquiry officer certifies that the official records to be consulted are relevant and essential for the preparation of the defence statement;

(ii) The competent authority certifies that the original records could not be sent to the headquarters station of the Government servant or the bulk of the documents ruled out the possibility of copies being made out, and sent; and

(iii) the Head of office under whose administrative control the Government servant is, certifies that the journey was performed with his approval.

If the officer is on duty or on leave, the periods spent in transit to and fro and the minimum period of stay required at the place where official records are made available for inspection, should be treated as duty or leave, as the case may be. If he is under suspension, the transit period will be regulated in accordance with the orders passed by the competent authority under F.R.54(1).

Cessation of proceedings on death

79. Disciplinary proceedings come to an end immediately on the death of the alleged offender. No disciplinary proceedings either under the Central Civil Service (Classification, Control & Appeal) Rules, 1965 or under Article 351-A of the C.S.R. can, therefore be continued under the death of the concerned officer.

Prosecution

80. Prosecution should be the general rule in all those cases which are found fit to be sent to the court after investigation and in which the offences are of bribery, corruption or other criminal misconduct involving loss of substantial public funds. In such cases, departmental action should not precede prosecution. In other cases, involving less serious offences or involving malpractices of a departmental nature, only departmental action should be taken and the question of prosecution should generally not arise.

NOTE I : A case involving of substantial funds would be a case in which the loss exceeds:

(1)

(2)

NOTE II : As extra-departmental employees are not full-time Central Govt. employees, their cases, when a prosecution seems possible and desirable, should be reported to the local Police. If the loss is more than Rs.2000 and the case is of some importance, the matter may be reported to the Central Bureau of Investigation immediately of the offence is detected to facilitate successful investigation.

NOTE III : In all cases where prosecution has to be launched a report should be lodged with the Police as soon as the case comes to notice and departmental enquiries should not be held simultaneously with the Police enquiry except to the extent permitted by the Police. The question of taking departmental action in such cases would arise either on completion of police enquiries and other referring the case for departmental action, or after completion of the court case. If however, it is desired to conduct departmentally enquiries simultaneously with police enquiries or to take departmental action wherever feasible before the case is taken up for prosecution by the police, the matter should be decided after consultation with the police authorities.

NOTE IV : In a case where prosecution is not to be launched, departmental action may be taken. The question of advisability of reporting the case to the police for purposes of prosecution if still considered necessary may be examined on the completion of departmental enquiry. There will, however, be no objection to a report being lodged immediately with the police as soon as departmental enquiries are complete, if the nature of the case or other circumstances, viz. case of theft, highway robbery, attacks on employees of the department, the advantages of an immediate house search, the likelihood of the accused absconding etc. require the case to be reported immediately to the police.

NOTE V : (i) In cases where there is difference of opinion between the police authorities and the Divisional Officers as to the course of action to be taken the matter may be referred to the Circle Officer which will settle it in consultation with the Inspector General of Police.

(ii) Where the case is reported to the Special Police Establishment and in case of difference of opinion, it is not possible to reach a settlement on the points of difference after a local discussion either at the Divisional Officers level or at the Circle level, the question could be referred to the Directorate for discussion with the C.B.I.

81. Once a charge-sheet has been filed in the court against an employee, the disciplinary proceedings, if any, initiated against him on the same facts of the case should be kept in abeyance till the finalization of the criminal proceedings. Similarly, an appeal filed against the penalty imposed in the departmental case should note be disposed of, if in the meantime criminal proceedings on the same facts of the case have been initiated.

82. It is not permissible to hold departmental enquiry in respect of a charge based on the same facts or allegations which have already been examined by a Court of competent jurisdiction and the Court has given a finding that they are not true. If, however, that Court has merely expressed a doubt as to the correctness of the allegation, there may be no object to hold departmental enquiry on the same allegation, if better proof than that was produced before the Court or was then available, is forthcoming. If the Court has held that the allegations are proved but they do not constitute the criminal offence with which the Government servant was charged, then also it would be permissible to hold a departmental enquiry on the basis of the same allegations.

83. In a departmental enquiry, it would be just and equipable to hold an officer charged with corruption guilty of that charge in case he is unable to satisfactorily account for possession by himself or by any other persons on his behalf (e.g. dependents) of pecuniary resources or property disproportionate to his known sources of income on the analogy of the provision of Section 5(3) of the Prevention of Corruption Act, 1947.

84. When a case for initiating disciplinary action on the allegation of amassing wealth disproportionate to the income of a Government servant is referred to the Directorate, a statement showing the details of income of the officer year by year should also be forwarded.

Appointment of Enquiry Officer

85. In the interest of justice and equity, it is desirable that only disinterested officers are appointed as enquiry officers in disciplinary proceedings. There is, however, no bar to the immediate superior officer holding an enquiry. But the disciplinary authority should satisfy itself that the person appointed to hold the enquiries is not suspected of any bias.

86. It is obligatory that an officer of the Department to which an accused official belongs at the time of initiation of the disciplinary proceedings should be appointed as the Enquiry Officer. In the interest of proper enquiry an officer of another Department or even a State Government can be appointed as an Enquiry Officer especially in a case of disciplinary proceedings for lapses committed while employed in that Department or State Govt.

87. An official who may have to appear as a witness in a disciplinary case should not be appointed as the Presenting Officer or Enquiry Officer in that case.

Nomination of Assisting Government servant to the delinquent

88. (1) Under Rule 14 (8) of the CCS(CCA) Rules, 1965, a Government servant may take the assistance of any other Government servant to present the case on his behalf. No discretion in this regard vests on the disciplinary authority. However, if for any compelling reasons it is not practicable for the controlling authority of the Assisting Government servant to relieve him without undue delay without serious detriment to the public interest to present the case of the delinquent official he should inform the Enquiry Officer about it with reasons for being communicated to the accused official and the Government servant nominated to assist the accused well in time. In that case the accused official could choose any other Govt. servant to assist him in the presentation of his case before the Enquiry Officer.

NOTE : Even though it is not necessary for the accused official to obtain the permission of any authority for seeking the assistance of any other Government servant, it is necessary for the latter to obtain the permission of his controlling authority to absent himself from office in order to assist the former during the enquiry. To avoid delay in the grant of such permission, the Enquiry Officer should take the initiative in the matter of informing the controlling authority the name and other particulars of the Govt. servant who has been chosen by the accused official to present his case. The Presenting Officer if any should also intimate to the controlling authority of the assisting Govt. servant about the date, time and venue of the enquiry. The Enquiry Officer should in any case ensure that an intimation in this regard has been sent.

(2) Government have decided that Government servants involved in disciplinary proceedings may also take the assistance of retired Government servants subject to the following conditions :

(i)

(ii)

(iii)

Production of documents

89. In a disciplinary case, the following documents are required to be forwarded on the Enquiry Officer by the disciplinary authority:-

(a)

(b)

(c)

(d)

(e)

90. With a view to avoiding the possibility of tampering with a document required for inspection by an accused officer, the following precautions should be taken :-

(i)

(ii)

Appearing of Govt. servants as witnesses

91. (a) A Government servant cannot refuse to appear as a witness in any enquiry against another Government servant or against an employee of a Municipal Committee or other local bodies. In case he fails to do so, it can be construed as a sufficient reason for initiating disciplinary proceedings against him.

91. (b) The Govt. of India enacted the Department Enquiries (Enforcement of Attendance of Witness and Production of Documents) Act, 1972 (reproduced as annexure XV) to enable the enquiry authority to:-

(i)

(ii)

(iii)

This power can be exercised by the enquiring authority only when an allegation of lack of integrity is being enquired into against a Government servant provided the enquiring authority is authorized to exercise this power by the Central Govt. or by any other authority to whom this power has been delegated. The competent authority will be required to issue a notification in the Gazette of India in the form prescribed for this purpose. Every process issued by an authorized enquiring authority for the attendance of any witness or for the production of any document shall be served and executed through the District Judge within the local limits of whose jurisdiction the witness or other person, on whom the process is to be served or executed, voluntarily resides or carries on business or personally works for gain, and for the purpose of taking any action for the disobedience of any such process, every such process shall be deemed to be a process issued by the District Judge. The form prescribed for the issue of a notification authorizing the enquiring authority in this regard is reproduced in Appendix XVI and the form prescribed for the summons to witness is reproduced as Appendix XVII. The form for making a request to the District Judge for serving of the summons on a witness is reproduced as Appendix XVIII.

91. (c) The authorities named below have been authorized to exercise the powers conferred on the Central Government by Sub-Section (1) of Section (4) of the Departmental Enquiries (Enforcement of Attendance of Witness and Production of Documents) Act, 1972 in relating to the Government servant in General Central Service Grade “C” or Grade “D” against whom a departmental enquiry may be held, and working under the concerned authority.

1. Secretary, Postal Board.

2. Postmaster General

3. Director, Postal Life Insurance.

91. (d) The enquiring authority should note that as provided in the Code of Civil Procedure, every summon issued by it shall

(a) be in duplicate

(b) be signed by the officer constituting such authority

(c) be sealed with the seal of such officer or bear a stamp bearing his name and designation

(d) specify the date on, and the time and place at which the specified person summoned is required to attend and also whether his attendance is required for the purpose of giving evidence or to discover and produce a document or material, or for both the purposes, and

(e) be endorsed and signed by such authority by post to the District Judge within the local limit of whose jurisdiction the specified person, on whom such summons are to be serviced, actually and voluntarily resides or carries on business or personally works for gain for service. To enable the District Judge to take cognizance of the summons, a copy of notification issued under Section 4 of the act authorizing the inquiring authority to exercise the powers specified in Section 5 of the Act may also be enclosed.

91.(e) The attendance of witness, and production of documents before a departmental enquiry will continue to be secured in the usual manner. Where, in the case of a departmental enquiry, the inquiring authority is satisfied that it is necessary to summon a person as a witness or to call for a document from him and that the attendance of such a person as a witness or production of such document may not otherwise be secured, it may, after recording the reasons for doing so, make a reference to the competent authority, to, where there is no competent authority, to the Postal Board seeking authorization under Section 4 of the Departmental Enquiries (Enforcement of Attendance of Witness & Production of Documents) Act, 1972 to exercise the power specified in Section 5 in relation to such person. The power to authorize an enquiring authority to exercise the power specified in Section 5 of the Act ibid may be exercised by the Central Government/the competent authority suo moto also if it is of the “opinion that for the purposes of any departmental enquiry it is necessary so to do”.

92. Statement of witnesses recorded during the departmental enquiries, should normally be got signed by the witnesses concerned, the accused officer and the Enquiry Officer so that the validity of the documents is not questioned by any one at a later date.

Supply of Copies of statement of witnesses to accused

93. Copies of oral statement of witness recorded by the Enquiry Officer should normally be supplied to the delinquent officer before calling him to make his own statement if a specific request to this effect is made by the delinquent officer before recording of oral statement starts.

94. In an accused officer fails to turn up at the enquiry or refused to participate in the enquiry, a copy of the various pieces of oral or documentary evidence let in during the enquiry should be supplied to the accused officer along with the show cause notice.

Entitlement of TA to witnesses

95. (a) Every person whether he is a Central or State Govt. servant or not, who is called to give evidence in departmental enquiry by either the Government or the Government servant against whom the enquiry is being held, shall be entitled to payment of traveling and other expenses as in Appendix XII.

95.(b) The Government servant who is chosen by an accused official to present his case during the enquiry is entitled to T.A. in accordance with the Govt. of India’s instructions below SR 190 for journeys in connection with the enquiry for the purpose of inspection of documents also.

Procedure for consultation of Govt. Examiner of questioned documents

96. The procedure to be followed for obtaining the opinion of the Government Examiner of Questioned Documents is laid in the rules reproduced in Appendix XIII.

97. Deleted

98. Deleted

Communication of punishment order

99. Ordinary, the officer who has recorded his findings in a disciplinary case should, as far as possible, communicate the orders under his own signature. In exceptional cases in which this has not been possible, the successor has to communicate the decision as taken by his predecessor without modification or alteration in any manner.

Imposition of minor penalties after enquiry

100. Proceedings initiated under Rule 14 of Central Civil Services (Classification, Control and Appeal) Rules, 1965, cannot be closed by imposing one of the minor penalties after the consideration of the defence submitted by the accused officer. It is obligatory to hold a formal enquiry before coming to a decision about the quantum of penalty.

101. For considering the gravity of the lapses on the part of an officer, it is desirable that punishing authorities take into account extenuating circumstances such as shortage of forms, bags, staff, accommodation etc.

Date of effect of penalty

102. The penalty of withholding of increment takes effect from the date of increment accruing to the officer after the issue of the punishment orders. It cannot affect the increment which was due prior to the issue of the punishment orders even though it may not have actually been drawn due to the officer being on leave or other administrative reasons.

Reduction to the lower post or grade

103. Under the provisions of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, there is no objection to an officer being reduced as a measure of penalty to a post lower than that in which he was initially recruited. However, in doing so, the disciplinary authority should examine whether the reduction will have such an adverse effect as might make it impossible for the punished officer to perform his duties with any degree of efficiency.

104. An order imposing the penalty of reduction to a lower service, grade or post or to a lower time scale should invariably specify :-

(i) The period of reduction, unless the clear intention is that the reduction should be permanent or for an indefinite period. In such a case, the order should be passed in the following manner :-

“A is reduced to the lower post/grade/ service of X until until he is found fit by the competent authority to be restored to the higher post/grade/ service of Y”.

OR

“A is reduced to the lower post/grade/ service of X until he is found fit, after a period of ___ years from the date of this orders, to be restored to the higher post of Y”.

(ii)

(iii)

In cases where the reduction is for a specified period and is not to operate to postpone future increment, the seniority of the Government servant on re-promotion may, unless terms of the orders of punishment provide otherwise, be fixed at what it would have been but for his reduction. Where, however, the reduction is for specified period and is to operate to postpone future increment, the seniority of the Government servant on re-promotion may, unless the terms of the order of punishment provide otherwise, be fixed by giving credit for the period of service, rendered by him in the higher service, grade or post or higher time scale. In cases where the order of punishment does not specifically mention the points referred to in the previous paragraph, the Government servant on whom the penalty of reduction for a specified period is imposed, will on completion of such period, be promoted automatically and his seniority determined in the following manner:-

(a)

(b)

105. While imposing the penalty of reduction to a lower stage in a time scale, the disciplinary authority should invariably specify that stage in terms of rupees to which the Government servant is reduced so that there may not be any controversy about his entitlement to increment during the period recution.

The penalty of reduction to the lower stage in the time scale cannot be ordered as a permanent measure. It is obligatory to indicate the specified period for which the penalty should remain operative and also whether on restoration, the penalty will have cumulative effect on future increments as required under F.R.29.

Imposition of the penalty of recovery

106. In the case of proceedings relating to recovery of pecuniary losses caused to the Government by negligence, or breach of orders of a Government servant, the penalty of recovery can be imposed only when it is established that the Government servant was responsible for a particular act or acts of negligence or breach of orders or rules and that negligence or breach caused the loss.

107. In a case of loss caused to the Government, the competent disciplinary authority should correctly assess in a realistic manner the contributory negligence on the part of an officer and while determining any omission or lapses on the part of an officer, the bearing of such lapses on the loss considered and the extenuating circumstances in which the duties were performed by the officer shall be given due weight.

108. The maximum amount which may be recovered from a delinquent officer on account of the loss caused to the Department through his negligence should be 1/3rd of his pay should be taken into account. In addition to the penalty of recovery, technically there is o bar to impose any other statutory penalty if the circumstances of the case justify it. The punishing authority should, however, bear in mind that when more than one penalty is imposed, one of which is recovery of pay of the whole or a part of the loss caused to Government, the net cumulative effect on the Government servant should not be of such severity so as to make impossible for him to bear the strain.

109. In the case of recovery of loss imposed on a Government servant as a measure of penalty, the recovery from pay should be effected in the normal course. If during the course of recovery, the official retires from service and a balance is still outstanding for recovery, the amount so outstanding cannot be adjusted against the gratuity without following the procedure laid down in Art. 351-A C.S.Rs. In case where a Government servant is due to retire shortly and the amount of loss caused by a Government servant cannot be recovered in full because of his impending retirement, the final punishment order should not be passed and the case referred to the Dte. for initiation of action under Article 351-A of C.S.Rs. along with the recorded of disciplinary proceedings.

110. Recovery of part or the whole of a loss caused to the Government ordered from the pension of a Government servant should not ordinarily be made at a rate exceeding 1/3rd of the gross pension ordinarily sanctioned including any amount which may have been commuted.

111. The amount of recovery of loss ordered as measure of penalty can be reduced by the punishing authority at any later stage if it is found that the amount of loss sustained by the Government is less than that originally calculated. If, however, the loss is subsequently found to be nil, the case has to be reviewed by the competent authority for imposing an appropriate penalty. That authority will not, however, be competent to impose a penalty higher than that of recovery.

Punishment on conviction

112. Punishment orders can be straight away passed by the competent disciplinary authority on the basis of conviction of an official on a criminal charge while in service. In case the official had been convicted before he joined Government service, it would be necessary to afford him adequate opportunity of defence.

113. A conviction under section 39(e) of the Army Act, 1950 should be treated as a conviction on a criminal charge for the purpose of action under Rule 19 of the Central Civil Service (Classification, Control and Appeal) Rules, 1965.

114. Binding down of Government servant for good behaviour under Section 110 or taking security under Section 107 of the Criminal Procedure Code does not amount to conviction on a criminal charge for the purpose of Rule 19(i) of the Central Civil Service (Classification, Control and Appeal) Rules, 1965.

115. An official convicted on a criminal charge but released under the Probation of Offender’s Act, 1958 can be punished under Rules 19(i) of the CCS (CCA) Rules, 1965.

116. On a case where a Government servant has been convicted in a court of law for an offence which is such as to render his further retention in public service prima-facie undesirable, action to dismiss, remove or compulsorily retire him from service shall not pend before the period for filing an appeal has elapsed, or, if an appeal has been filed, before the appeal has been decided in the first Court of law. In other cases also, i.e. where these extreme penalties are not warranted, the disciplinary authority shall issue the punishment order immediately on receipt of a copy of the judgement. Accordingly, if the UPSC is required to be consulted in regard to the quantum of penalty to be imposed on a government servant in such a case, the advice should be sought for immediately.

117. If on appeal, the conviction is set aside and the Government servant is acquitted, the punishment orders based on the conviction which no longer stands become liable to be set aside. As copy of the judgement of the higher Court should be immediately obtained and examined with a view to deciding whether :-

(i)

(ii)

If it is decided to take the matter still to a higher court, action to institute proper proceeding should be taken with the least possible delay and the punishment order should not be set aside during the pendency of such proceedings. If on the other hand, it is decided that a departmental enquiry should be held, a formal order should be made :-

(a)

(b)

Such an order should also state that under rule 10(4) of t