Disciplinary Matters Guide - CCS Rules, Authorities & Procedures

TIPS 1 ON DISCIPLINARY MATTERS

APPOINTING AUTHORITY

Appointing Authority is an authority who makes appointments to the Central Government service. [Rule 9 of CCS (CCA) Rules, 1965]

For example – A Postal Assistant in Madurai Division is appointed by the Divisional Head. Hence the SSPOs, Madurai Division is the Appointing Authority in respect of that Postal Assistant.

The President is the Appointing Authority in respect of Group A Officer in the Central Government service. [Rule 8 of CCS (CCA) Rules, 1965]

The President is the Appointing Authority in respect of the SSPOs, Madurai Division, Madurai.

DISCIPLINARY AUTHORITY

Disciplinary Authority is an Authority who can impose any of the penalties specified in Rule 11 of CCS (CCA) Rules, 1965 on a Government servant [Rule 12 (2) of CCS (CCA) Rules, 1965].

For example – the Senior Superintendent of Madurai Division has imposed on a Postal Assistant of Madurai Division the penalty of "Dismissal from service" [Rule 11 (ix) of CCS (CCA) Rules, 1965].

No major penalty shall be imposed by the authority sub-ordinate to the Appointing Authority [Rule 12 (4) of CCS (CCA) Rules, 1965].

For example – the Senior Superintendent of Madurai Division cannot impose a major penalty on a LSG Supervisor in his division since the Appointing Authority for a LSG Supervisor is the Director of Postal Services.

AD-HOC DISCIPLINARY AUTHORITY

(i) The Disciplinary Authority for imposing major penalties shall not impose any one of the major penalties on an official if he was actually appointed to that grade by an authority who is higher in rank or grade than the appointing authority.

Any one of the major penalties shall not be imposed by the SPOs on a Government servant who was actually appointed by a SSPOs. The charged official may be appointed by a SSPOs and transferred to this division holding by the SPOs. In such cases, action shall be taken for nominating an ad hoc Disciplinary Authority by a Presidential Order under the provisions of Rule 12 (2) of CCS (CCA) Rules, 1965. A SSPOs of neighbouring Division will be nominated as Ad-hoc Disciplinary Authority by Presidential order.

(ii) 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 concerned with the charges or being a material witness in support the charges, action shall be taken for nominating an ad-hoc Disciplinary Authority by a Presidential Order under the provisions of Rule 12 (2) of CCS (CCA) Rules, 1965.

APPELLATE AUTHORITY

A Government servant may prefer an appeal against any of the orders or penalties to the authority to which the authority making the order / penalty appealed against is immediately subordinate. [Rule 24 (1) (ii) of CCS (CCA) Rules, 1965].

For example – the Senior Superintendent of Madurai Division may impose on a Postal Assistant of Madurai Division the penalty of "Dismissal from service" [Rule 11 (ix) of CCS (CCA) Rules, 1965].

In this case, the Senior Superintendent of Madurai Division is immediately subordinate to the Director of Postal Services, Office of the Postmaster General, Southern Region, Madurai. Hence the Government servant may prefer an appeal to the Director of Postal Services, Office of the Postmaster General, Southern Region, Madurai

REVISING AUTHORITY

(1) A Government servant may prefer a revision petition against any order to the following authorities:

(i) Chief Postmaster General

(ii) The Member (Personnel), Postal Service Board

(iii) The President [Rule 29 of CCS (CCA) Rules, 1965]

(2) A Government servant may prefer a revision petition without preferring any appeal to the Appellate Authority. But this revision petition may be preferred after expiry of 45 days on which the appeal was delivered to him. [Rule 29 (1) of CCS (CCA) Rules, 1965]

(3) A Revising Authority may at any time either own motion or otherwise call for records of any inquiry and revise any order already made. No revision shall be commenced until after (i) the expiry of the period of limitation of appeal (45 days) or (ii) the disposal of the appeal, where any such appeal has been preferred [Rule 29 (2) of CCS (CCA) Rules, 1965]

REVIEWING AUTHORITY

(1) A Government servant may prefer a revision petition against any order to the President. [Rule 29 of CCS (CCA) Rules, 1965]

(2) After disposing revision petition by the President, again the revision petition may be preferred to the President when any new material or evidence which could not be produced or was not available at the time of revision by the President which has the effect of changing the nature of case, has been brought to his notice now.

(3) The second revision petition with any new material or evidence preferred to the President is called as Reviewing petition. The power of review is vested in the President only. The Reviewing Authority is only the President. [Rule 29-A of CCS (CCA) Rules, 1965]

EX-PARTE INQUIRY

(1) Delivery of charge sheet to the Charged Official is a must for an Inquiry Officer to conduct Rule 14 inquiry under CCS (CCA) Rules, 1965. For this purpose, the Disciplinary Authority is forwarding the original Acknowledgement Card to the Inquiry Officer so as to prove that the charge sheet has been delivered to the Charged Official.

(2) If the Government servant to whom the charge sheet is delivered to him, does not submit any written statement of defence or does not attend the inquiry before the Inquiry Authority or fails or refuses to comply with the provisions of the rule, the Inquiry Authority may hold inquiry ex-parte (in the absence of the charged Government servant).

(3) It has to be borne in mind that Inquiry Officer's job is not at all affected by the absence of the Charged Official. IO is charged with the scrutiny of verbal evidence and recorded evidence and then comes to finding of each article of charge. The opportunity of cross-examining of prosecution witnesses and producing and examining the defence witnesses are not available in the 'Ex-parte inquiry'.

DE NOVO INQUIRY

De novo means 'from the beginning' or 'fresh'

(1) The term is explained with an example. One Rule 14 inquiry was conducted against a Government servant. The charged official asked 50 defence documents. The Inquiry Officer permitted 5 documents only and rejected 45 documents stating that 45 documents were not relevant to the disciplinary case. Similarly the Charged Official asked 10 defence witnesses.

(2) The official who dismissed from service has preferred an appeal stating the following points in his appeal:

(i) the Rule 14 inquiry was not conducted according to the spirit of rulings of CCS (CCA) Rules, 1965. There were so many lacunas in the inquiry. One of such lacuna is 'one prosecution witness was examined after examination of defence witnesses'.

(ii) Fifty defence documents were requested whereas five documents were permitted by the IO. Ten defence witnesses were requested whereas one defence witness was permitted by the IO. If all defence documents and all defence witnesses were permitted in the inquiry, the official would have proved his innocence in the inquiry. Reasonable opportunity was not given to him so as to prove that he was not guilty.

APPLICATION OF BIAS OR BIAS PETITION

Meaning: The Authority is biased even before considering the representation of the Charged Officer.

1.What are the occasions in which 'application of bias' may be made against the Inquiry Officer?

(i) where a representation has been made by the charged official against the appointment of a particular Inquiry Authority

(ii) When the charged official brings any allegation against the Inquiry Authority in the course of an inquiry connected to his inquiry

2. What action is to be taken by the Inquiry Authority when the charged official moves an 'application of bias' against Inquiry Officer?

(a) Application of bias should be forwarded to the Disciplinary Authority.

(b) If the application of bias is rejected by the Disciplinary Authority, it is open to the delinquent official to prefer an appeal to the Appellate Authority

(c) The disciplinary proceeding should be stayed by the Inquiry Authority until the receipt of appropriate orders from the Disciplinary Authority / Appellate Authority.

(d) The charged official cannot make further the application of bias to any authority higher than the Appellate Authority.

ORDERS AGAINST WHICH NO APPEAL LIES

(Rule 22 of CCS (CCA) Rules, 1965)

No appeal shall lie against

(i) any order made by the President

(ii) any order of an interlocutory nature of a step-in- aid of the final disposal of a disciplinary proceeding other than an order of suspension

(iii) any order passed by the Inquiry Authority in the course of an inquiry under Rule 14 of CCS (CCA) Rules, 1965.

1. What are the orders in the interlocutory nature in a disciplinary proceeding?

1. Order of suspension

2. Issue of charge sheet

3. Appointment of the Presenting Officer

2. What is the order passed by the Inquiry Authority in the course of an inquiry under Rule 14?

The Charged Official side asked a prosecution witness one question which was irrelevant to the disciplinary case. The Presenting Officer objected the question. The Inquiry Officer disallowed the question since the IO considered the question was irrelevant. Appeal cannot be made against the order issued by the Inquiry Officer disallowing the question asked by the Charged Official side in the course of the inquiry.

Contact Information

By P.Karunanithy, Retired SPOs, 9384329681

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