Government of India
Ministry of Communication
Department of Posts
Vigilance Division
Dak Bhawan, Sansad Marg New Delhi-110001
Dated: 27.01.2026
OFFICE MEMORANDUM
Subject: Observance of Procedure under Rule 16 of CCS (CCA) Rules, 1965 and Principles of Natural Justice - Precautionary Instructions - Reg.
It has been observed that in certain cases disciplinary proceedings initiated under Rule 16 of the CCS (CCA) Rules, 1965 have not withstood judicial scrutiny due to procedural deficiencies, particularly on account of non-observance of the principles of natural justice.
Attention is invited to various judicial pronouncements wherein disciplinary and appellate orders imposing minor penalties, including recovery, were set aside on the ground that the charged official was not supplied with relevant documents sought by them, resulting in denial of a reasonable opportunity of defense. The Courts have reiterated that although Rule 16 prescribes a summary procedure, it does not dilute the requirement of fair play, especially where the penalty entails civil consequences.
In this regard, all Disciplinary Authorities are advised to strictly adhere to the following precautions while dealing with cases under Rule 16 of the CCS (CCA) Rules, 1965:
i. The charge memorandum should clearly specify the acts of omission/commission and the basis of responsibility, including supervisory or subsidiary liability, wherever applicable. ii. A list of relied-upon documents should invariably be enclosed with the charge memorandum. iii. All relevant and relied-upon documents sought by the charged official should ordinarily be supplied. Any request for inspection of records or copies of documents may be allowed if its denial will amount to denial of reasonable opportunity. Where any document is denied, specific reasons for such denial must be recorded and communicated to the charged official. iv. The Disciplinary Authority must pass a reasoned and speaking order, duly considering the defence submissions and reflecting independent application of mind. v. In cases involving recovery, particularly near retirement or from retiral benefits, due care must be taken to ensure proportionality and to clearly record the legal justification for such recovery. vi. Appellate Authorities should examine not only the quantum of penalty but also compliance with procedural requirements and the principles of natural justice. vii. Where the Disciplinary Authority decides to prefer an appeal in higher court against the judgment of the Tribunal in a case filed by a charged officer, such appeal shall be filed within the prescribed time limit. In the event of unavoidable delay, the reasons and justification thereof shall be specifically and clearly articulated in the writ petition. viii. While preferring an appeal, the Disciplinary Authority must explicitly contest the findings of the Tribunal with cogent and reasoned justifications, should it so decide.
It is further reiterated that in minor penalty proceedings under Rule 16, an oral inquiry is mandatory in cases where the Disciplinary Authority proposes to impose the penalty of withholding of increment in any of the following circumstances:
i. withholding of increment for a period exceeding three years; ii. withholding of increment with cumulative effect; or iii. withholding of increment which is likely to adversely affect the pension of the Government servant.
In the above situations, the holding of an oral inquiry is compulsory and cannot be dispensed with, notwithstanding the summary nature of proceedings prescribed under Rule 16 of the CCS (CCA) Rules, 1965, as clarified in the relevant DoPT/ISTM guidelines.
Strict adherence to the above instructions is essential to ensure that disciplinary proceedings under Rule 16 of the CCS (CCA) Rules, 1965 are legally sustainable and capable of withstanding judicial scrutiny.
These instructions may be brought to the notice of all officers dealing with disciplinary and vigilance matters for strict compliance.
(Sailesh Jogiani)
Director (VP) L.O. to Director (Vig.)
To: All Chief Post Masters General
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