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Disciplinary Proceedings under the Central Civil Services Rules, 1965 - Prof. Jain, Cheat Sheet of Commercial Law

Himachal Pradesh National Law UniversityCommercial Law
Prof. Deepak Jain

The steps involved in holding major penalty proceedings under the central civil services (classification, control and appeal) rules, 1965. It covers the key stages, including the delivery of the charge sheet, the government servant's written statement of defense, the appointment of an inquiring authority and presenting officer, the proceedings before the inquiring authority, the submission of the inquiry report, and the final decision by the disciplinary authority. The document also provides important notes on bias petitions, ex-parte inquiries, and the maintenance of a daily order sheet. This comprehensive guide can be valuable for university students studying public administration, administrative law, or civil service regulations, as well as for government employees facing disciplinary proceedings.

Typology: Cheat Sheet

2023/2024

Uploaded on 05/29/2024

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When the
Disciplinary
Authority
(DA) decides
to hold
major
penalty
proceeding.
[Rule 14(2)]
[Charge Sheet]
DA shall deliver a copy of the articles of charge,
the statement of the imputations of
misconduct or misbehaviour and a list of
documents and witnesses by which each article
or charges is proposed to be sustained. [Rule
14(4)(a)]
[Written Statement of Defence (WSD)]
On receipt of article of charge, the Govt Servant (GS)
shall submit his WSD within a period of 15 days,
extendable for a period of 15 days at a time by the
DA but shall not exceed 45 days from the date of
receipt of article of charge. [Rule 14(4)(b)]
DA records its findings and
shall act in manner laid
down in Rule 15
[Rule 14(5)(a)]
Drop the charges
Steps for holding the Major Penalty proceeding
If all the articles of
charges have been
admitted
Either does not admit the charge
or does not submit the WSD.
DA may itself inquire into any
article of charge or appoint an
Inquiring Authority (IA) and
Presenting Officer (PO) [Rule
14(5)(c)]
GS shall appear before the IA
within 10 days as specified by the
IA or within such further time, not
exceeding 10 days, as the IA may
allow. [Rule 14(7)]
Approval of Charge sheet:
DA has to approve the charge sheet [Rule 14(3)]
Signature on the charge sheet:
a) If the President is the DA โ€“An officer
authorized under Article 77(2) of the
Constitution to authenticate the order on
behalf of President.
b) In cases where the DA other than the
President โ€“DA itself to sign the charge sheet.
[Defence Assistant]
GS may take the assistance of
any other Govt. Servant or Legal
Petitioner (Only if Presenting
Officer a Legal Petitioner) or
allowed by the DA. [Rule 14(8)]
1
If the charges have not
been admitted by GS and
DA accepted the reply.
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When the Disciplinary Authority (DA) decides to hold major penalty proceeding. [ Rule 14(2)]

[Charge Sheet]

DA shall deliver a copy of the articles of charge, the statement of the imputations of misconduct or misbehaviour and a list of documents and witnesses by which each article or charges is proposed to be sustained. [R ule 14(4)(a)] [Written Statement of Defence (WSD)] On receipt of article of charge, the Govt Servant (GS) shall submit his WSD within a period of 15 days, extendable for a period of 15 days at a time by the DA but shall not exceed 45 days from the date of receipt of article of charge. [ Rule 14 ( 4 )(b)] DA records its findings and shall act in manner laid down in Rule 15 [Rule 14(5)(a)]

Drop the charges

Steps for holding the Major Penalty proceeding

If all the articles of

charges have been

admitted

Either does not admit the charge

or does not submit the WSD.

DA may itself inquire into any

article of charge or appoint an

Inquiring Authority (IA) and

Presenting Officer (PO) [ Rule

14(5)(c)]

GS shall appear before the IA

within 10 days as specified by the

IA or within such further time, not

exceeding 10 days, as the IA may

allow. [ Rule 14(7)]

Approval of Charge sheet : DA has to approve the charge sheet [ Rule 14 ( 3 )] Signature on the charge sheet : a) If the President is the DA โ€“ An officer authorized under Article 77 ( 2 ) of the Constitution to authenticate the order on behalf of President. b) In cases where the DA other than the President โ€“ DA itself to sign the charge sheet.

[Defence Assistant]

GS may take the assistance of any other Govt. Servant or Legal Petitioner (Only if Presenting Officer a Legal Petitioner) or allowed by the DA. [ Rule 14(8)] If the charges have not been admitted by GS and DA accepted the reply.

The IA shall adjourn the case to a later date, not exceeding 30 days, after recording an order that the GS may :- (i) inspect the document (s) within 5 days of the order , extendable to not more than 5 days by the IA, attached with the Charge-Sheet ; (ii) submit a list of witnesses to be examined on behalf of GS ; and (iii) give a notice within 10 days of the order or within such further time not exceeding 10 days as the IA may allow, for discovery or production of any documents which are in possession of the Government but not mentioned in the charge

sheet. [ Rule 14 ( 11 )]

[ Requisition of Documents ]

Request of GS for production of document shall be forwarded to concerned authority in whose custody the documents are kept. IA may, however, refuse, for the reasons to be recorded in writing, to requisition documents if in its opinion such documents not relevant to the case. Authority shall produce the documents by the due date or issue a non-availability certificate before the

IA within 1 month [Rule 14 ( 12 ) & 14 ( 13 )]

Continued from pre-page

[Proceedings before the IA]

IA shall ask GS whether he is guilty or has any defence to make. If he pleads guilty to any of the articles of charge, the IA shall record the plea, sign the record & obtain the signature of GS thereon. Thereafter, the IA to return a finding of guilt in respect of admitted charge(s). [ Rule 14 ( 9 ) & 14 ( 10 )] if the GS fails to appear within the specified time or refused or omits to plead, IA Shall require the PO to produce the evidence by which he proses to prove the articles of charge.

Production of documents

Authority, having the custody of requisitioned documents, may inform the IA that production of document(s) would be against public interest or security of State. IA shall thereafter communicate this to GS and withdraw the requisition made by it for production of document (s). [ Proviso to Rule 14 ( 13 )]

Continued from pre-page

[UPSC consultation, Wherever

necessary ]

DA shall forward to UPSC

(i) IA Report + disagreement, if any

(ii) DAโ€™s comments on the GSโ€™s

representation + disagreement note, if

any, and all case records of the inquiry

proceedings.

[Rule 15(3)]

[Sharing of UPSC

advice with CO]

UPSC advice has to be

forwarded to GS, who

shall be required to

submit, if he so desires,

his reply within 15 days.

[Rule 15(3)]

DA can impose penalty

from clause (i) to (ix)

of the Rule 11.

Not necessary for DA

to afford opportunity

to GS of making

representation on

penalty proposed to

be imposed.

[Rule 15(6)]

DA shall forward a copy

of the final IR together

with its own tentative

reasons for

disagreement, if any, to

the GS, for submission of

written

representation/submissio

n, if any, within 15 days.

[Rule 15(2)]

[Action on Inquiry

Report (IR)]

DA, after reasons

to be recorded,

may remit the

case to the IA for

further inquiry.

[Rule 15 ( 1 )]

IA shall conclude the

inquiry within 6

months, which can be

extended by DA for

six months at a time,

for reasons to be

recorded by DA or

the authority

authorized by it.

[Rule 14(24)]

[Submission of

Report by IA]

After conclusion of

the proceedings, IA to

prepare the Report,

which shall be

forwarded to DA.

[Rule 14(23)]

Continued from pre-page 5

Important Notes

โ– Bias petition of CO [OM No. 39/40/70-Estt.(A) dated 9.11.1972] Whenever an application is moved by a Government servant against whom disciplinary proceedings are initiated under CCS (CCA) Rules, 1965 against the Inquiry Authority on ground of bias, the proceeding should be stayed and the application referred alongwith the relevant material, to the appropriate authority for considering the application and passing of appropriate order thereon. โ– Ex parte inquiry [Rule 14 (20) of the CCS (CCA) Rules, 1965]. Ex-parte inquiry can be resorted to only when the following conditions are satisfied: a) Articles of charge should have been delivered b) The charged officer had failed to submit the written statement of defence on or before the specified date or c) Does not appear in person before the Inquiring Authority or d) Fails or refuses to comply with the provisions of the CCS(CCA) Rules. โ– Daily Order Sheet: Daily Order Sheet is the record of the progress of the case handled by the IA during a day. It is prepared and maintained by the IA. It needs to be appreciated that Daily Order Sheet will be the most authentic record for ascertaining as to what happened in the course of inquiry because it is signed by all present.

โ– Abbreviations used in the flow chart.

a) DA โ€“ Disciplinary Authority b) IA โ€“ Inquiring Authority is a Inquiry officer appointed by DA to inquire into the charges. c) GS โ€“ Government Servant against whom disciplinary proceedings are initiated d) PO โ€“ Presenting Officer