Penalty Proceedings against Central Government Employees…
The below information is tabled to a question in Lok Sabha on 9th
July 2014 by the Minister of State for Personnel, Public Grievances and
Pensions as follows…
Article 311(1) of the Constitution provides that no person who is a
member of the civil service of the Union or an all-India service or a
civil service of a State or holds a civil post under the Union or a
State shall be dismissed or removed by an authority subordinate to that
by which he was appointed. Again as per Article 311(2) no such person as
aforesaid shall be dismissed or removed or reduced in rank except after
an inquiry in which he has been informed of the charges against him and
given a reasonable opportunity of being heard in respect of those
charges.
Disciplinary proceedings under the Central Civil Services
(Classification, Control and Appeal) Rules, 1965 [CCS(CCA)Rules, 1965]
can be initiated against a Government Servant for violation of the
provisions of the Central Civil Services (Conduct) Rules, 1964. The
procedures for imposition of major penalties minor penalties are
prescribed in the Rule 14 and Rule 16 of the [CCS(CCA)Rules, 1965],
respectively. There are similar provisions in Rules governing the All
India Services.
A list of Minor and Major penalties that may be imposed on a
Government servant for good and sufficient reasons as provided in Rule
11 of CCS (CCA) Rules is annexed.
The data on cases registered involving major penalty proceedings
and punishment awarded on conviction are not centrally maintained.
It is the endeavour of the Government to strengthen and streamline the institutional mechanism for disciplinary proceedings.
In order to check delays in completion of disciplinary proceedings,
guidelines for monitoring and expeditious disposal of the disciplinary
proceedings cases have been issued on 29th November, 2012.
ANNEXURE
PENALTIES SPECIFIED IN THE RULE 11 OF THE CENTRAL CIVIL SERVICES (CLASSIFICATION, CONTROL AND APPEAL) RULES, 1965.
MINOR PENALTIES
(i) Censure;
(ii) Withholding of his promotion;
(iii) Recovery from his pay of the whole or part of any pecuniary loss caused the Government by negligence or breach of orders;
(iii a) Reduction to a lower stage in the time-scale of pay by one
stage for a period not exceeding three years, without cumulative effect
and not adversely affecting his pension.
(iv) Withholding of increments of pay;
MAJOR PENALTIES
(v) Save as provided for in clause (iii) (a), reduction to a lower
stage in the time-scale of pay for a specified period, with further
directions as to whether or not the Government servant will earn
increments of pay during the period of such reduction and whether on the
expiry of such period, the reduction will or will not have the effect
of postponing the future increments of his pay
(vi) reduction to lower time-scale of pay, grade, post or Service
for a period to be specified in the order of penalty, which shall be a
bar to the promotion of the Government servant during such specified
period to the time-scale of pay, grade, post or Service from which he
was reduced, with direction as to whether or not, on promotion on the
expiry of the said specified period -
(a) the period of reduction to time-scale of pay, grade, post or
service shall operate to postpone future increments of his pay, and if
so, to what extent;
and
(b) the Government servant shall regain his original seniority in the higher time scale of pay , grade, post or service;
(vii) Compulsory retirement;
(viii) Removal from service which shall not be a disqualification for future employment under the Government;
(ix) Dismissal from service which shall ordinarily be a disqualification for future employment under the Government.
Provided that, in every case in which the charge of possession of
assets disproportionate to known-source of income or the charge of
acceptance from any person of any gratification, other than legal
remuneration, as a motive or reward for doing or forbearing to do any
official act is established, the penalty mentioned in clause
(viii) or
clause (ix) shall be imposed:
Provided further that in any exceptional case and for special reasons recorded in writing, any other penalty may be imposed.
