DELHI GOVERNMENT EMPOYEES HEALTH SCHEME (DGEHS)

 CCS CCA RULES | MINOR PENALTIES 

CCS CCA RULES | MINOR PENALTIES  311-Dismissal, removal or reduction in rank of person employed in civil capacities under the Union or a State 

 ART  309   RECRUITMENT AND CONDITIONS OF  SERVICE  ART

310   EVERY PERSON HOLDS OFFICE DURING PLEASURE OF THE PRESIDENT

311-Dismissal, removal or reduction in rank of person employed in civil capacities under the Union or a State

(1)    No person who is a member of a 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 .

 

(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:

Provided that where it is proposed after such inquiry to impose upon him any such penalty, such penalty may be imposed on the basis of the evidence adduced during such inquiry and it shall not be necessary to give such person any opportunity of making representation on the penalty proposed:

Provided further that this clause shall not apply:-

(a) where a person is dismissed or removed or reduced in rank on the ground of conduct which has led to his conviction on a criminal charge :

or

(b) where the authority empowered to dismiss or remove a person  or to reduce him in rank is satisfied that for some reason, to be recorded by that authority in writing, it is not reasonably practicable to hold such inquiry; or

(c) Where the President or the Governor, as the case may be, is satisfied that in the interest of the security of the State it is not expedient to old such inquiry.

CCS CCA RULES

No Enquiry : Not Practical to Hold Inquiry

• Terrorizes/threatens
• Witnesses
• Enquiry officials
• Members of their family
• Atmosphere of violence or general indiscipline and insubordination prevails.
• Reasons can arise even during the course of inquiry.

CCS CCA RULES

No Enquiry: Security of State

• President/Governor
• Security of part of India
• May not be rebellion
• Reasons not to be recorded in the order.
• Consultation with UPSC before making order.
• PRINCIPLES OF NATURAL  JUSTICE
• OPPORTUNITY TO BE HEARD
• NO BIAS  - PERSONAL  PECUNIARY OR OTHER INTEREST
• FINAL ORDER SHOULD BE SPEAKING ORDER.
• JUSTICE SHOULD NOT ONLY BE DONE BUT ALSO APPEAR TO BE DONE.

CCS CCA RULES

APPOINTING  AUTHORITY

   GP ‘A’  -     PRESIDENT

    GP ‘B’ ’C’   - (A) AUTHORITY  SPECIFIED 

                                              IN  THE  SCHEDULE

                                           

                            (B)  AUTHORITY  EMPOWERED BY AUTHORITY  SPECIFIED   IN                        SCHEDULE(FOR  C ONLY)                                                       

CCS CCA RULES In case of reversion of an employee

• SUSPENSION
• Circumstances/Conditions
• Authorities
• Subsistence allowance-F.R.53
• Payment subjects to non-employment certificate.
• Suspension-how long?
• Order of suspension under Rule 10(1) or 10(2) shall not be valid after 90 days
• Unless extended further before expiry of 90 days.
• Extension of suspension shall not be for a period > 180 days.
• DoPT O.M.No.11012/4/2003-Estt.(A) dt.7.1.2004

CCS CCA RULES

SUSPENSION REVIEW COMMITTEE CONSTITUTION

• Suspension : Gen Provisions
•  I CARD
• Attendance
• LTC
• LEAVE
• APAR
• DEPTTL EXAMINATION
• RETIREMENT
• DEATH
• Deemed Suspension

CCS CCA RULES

STAGES OF DISCIPLINARY ACTION

• Misconduct
• Complaint
• Preliminary Inquiry
• Charge Sheet
• Inquiry
• Forward report to CO
• Consider reply
• Pass order

CCS (CCA) RULES

AFTER CHARGE SHEET

•         If no response, inquiry proceeds ex parte
•         If admit charges, penalty
•         If refuse charges
•                         Convincing – Action
•                         Not convincing - Inquiry

PENALTIES

MINOR PENALTIES

1. CENSURE
2.  WITHHOLDING OF PROMOTION
3. RECOVERY  FROM  THE P AY OF  PECUNIARY
4. LOSS
5. REDUCTION  TO  A  LOWER STAGE  IN PAY SCALE
6. FOR  A  PERIOD  NOT    EXCEEDING  THREE  YEARS
7. WITHOUT CUMULATIVE EFFECT
8. WITHHOLDING OF INCREMENT OF PAY

      CCS CCA RULES         

PENALTIES

•  NOT AMOUNTING TO PENALTIES
• LEVEL OF PROOF
• APPEAL
• PERIOD OF LIMITATION - 45 DAYS

APPELLATE AUTHORITY TO CONSIDER IF

• PROCEDURE/RULE FOLLOWED
• FINDING BASED ON EVIDENCE
• PENALTY COMMENSURATE WITH MISCONDUCT

CCS (CCA) RULES

ENQUIRY TO BE HELD TO ENHANCE FROM MINOR TO MAJOR PENALTY

• REVISION
• REMEDY AGAINST ORDERS OF APPELLATE AUTHORITY
• DEALT IN SAME MANNER AS APPEAL
• REVISIONARY AUTHORITY MAY CONFIRM OR MODIFY OR SET ASIDE THE ORDER OF APPELLATE AUTHORITY
• REVIEW
• EXCLUSIVE AUTHORITY OF PRESIDENT TO REVIEW THE ORDER OF APPELLATE AUTHORITY AND REVISIONARY AUTHORITY
• NEW MATERIAL/EVIDENCE NOT AVAILABLE AT THE TIME OF ISSUE OF ORDER HAS COME TO NOTICE.
• PROCEEDINGS  AFTER RETIREMENT
• DISCIPLINARY PROCEEDINGS NOT CONCLUDED BEFORE RETIREMENT
• BY ORDER OF PRESIDENT  FOR GRAVE MISCONDUCT COMMITTED WITHIN FOUR YEARS PRIOR TO RETIREMENT
• ORDER FOR CUT/WITHDRAWAL OF PENSION TO BE PASSED BY  PRESIDENT

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