Postal Manual
Volume III
CENTRAL CIVIL SERVICES (CLASSIFICATION,
CONTROL AND APPEAL) RULES, 1965
AND
SCHEDULE OF ADMINISTRATIVE
POWERS OF OFFICERS
(Corrected upto 1 July 1986)
Department of Posts India
2
NOTICE
This volume of the Postal contains : (i) Chapter on Discipline (ii) Central Civil, Services
(Classification, Control and Appeal) Rules 1965, (iii) Rules relating to appointment, penalties
and appeals of employees excluded from the operation of the Central Civil Services
(Classification, Control and Appeal) Rules 1965, and (iv) Schedules showing the administrative
powers of the different classes of officers of the Indian Postal Department, other than those
vested in and exercised by them under (1) the Indian Post Office Act and the Indian Post office
Rules, (2) Rules for the guidance of Depositors in Post Office Savings Bank, (3) The Cash
Certificate Rules, and (4) Compilation of the Fundamental and Supplementary Rules.
3
TABLE OF CONTENTS
CHAPTER – I DISCIPLINE Pages
Introduction 7
Stages of disciplinary proceedings 7-11
Consultation with Central Vigilance Commission 11-12
Suspension 12-16
Recoveries from Subsistence Allowance 16-17
Admissibility of DA and CA during suspension 17
House Rent Allowance during suspension 17
Subsistence Allowance in cases when paid prior to reinstatement is regulated
as suspension
17
Option for revised scale of pay 17
Procedure in respect of temporary Government servants the term of whose
post expires or he is likely to be retrenched before proceedings are completed
17-18
Termination of Service under suspension 18
Acceptance of resignation during suspension 18
Regulation of the period of suspension 18-19
Remittance of subsistence allowance 19
Eligibility to appear in Departmental Examinations during suspension. 19
Disciplinary Authorities 19-21
Ad-hoc Disciplinary authority
21
Disciplinary Proceedings 21
Common Proceedings 21-22
Disciplinary Proceedings for criminal offences 22-23
Absence without permission 23-24
Avoiding of transfers 24
Action against supervisory officers 24
Verification of facts 24
Issue of chargesheet in Hindi 24
Inspection of documents 25
Entitilement of T.A. and D.A. for attending Departmental enquiry 25
Cessation of proceedings on death 26
Prosecution 26-27
Appointment of Enquiry Officer 27
Nomination of Assisting Government servant to the delinquent 28
4
Production of documents 28-29
Appearing of Govt. servants as witnesses 29-30
Supply of Copies of statement of witnesses to accused 30
Entitlement of TA to witnesses 31
Procedure for consultation of Govt. Examiner of questioned documents 31
Communication of punishment order 31
Imposition of minor penalties after enquiry 31
Date of effect of penalty 31
Reduction to the lower post or grade 31-32
Imposition of the penalty of recovery 32-33
Punishment on conviction 33-34
Action on dismissal from Military Service 34-35
Dismissal 35
List of conviction & dismissals
35-36
Removal on Reduction of Establishment 36
Appeal and Review 36-37
De-novo proceedings 37
Review by disciplinary authority not permissible 38
Miscellaneous 38
Proceedings after retirement 38-39
Filling up of posts rendered vacant by punishment of the incumbent. 39
Punishment Register 40
Forwarding of Petitions to Directorate 41
Promotion or confirmation during suspension or during pendency of
enquiries
41-42
Promotion of an officer whose increments have been withheld or who has
been reduced to a lower stage in time scale.
42-43
Resignations 43-44
5
Attachment of pay by Courts of Law
44-49
Confidential record of work and conduct of officers of the Department
50-56
Table pertaining to Gazetted Officers 56-60
Special Instructions regarding confidential reports on Gazetted Officers 60-61
Table pertaining to non-gazetted Staff 61-66
Granting of Certificates 66-67
Complaints from and against departmental officials 67
Irregular additions in income 67
Employment of sons and relations of Govt. Servants in private Firms 68
Bidding at a sale or auction 68
Money transactions with subordinates and contractor 68
Insolvency and habitual indebtedness 68-69
Issue of orders 69
Publication of misleading information 69
Attending Committees, etc. 69
Responsibility 69-71
APPENDICES
Appendix I 72-74
Appendix II 75
Appendix III 76
Appendix IV-A 77-78
Appendix IV-B 79
Appendix VI 79-80
Appendix VII 80
Appendix VIII-A 80-81
Appendix VIII-B 81-82
Appendix IX 82-83
Appendix X 83
Appendix XI-A 83-84
Appendix XI-B 84-87
Appendix XII 87-88
Appendix XIII 89-91
Appendix XIV 92
SCHEDULES
I-A THE CENTRAL CIVIL SERVICES,
(CLASSIFICATION,CONTROL AND APPEAL) RULES 1965
92-153
I-B RULES RELATING TO THE CONDUCT AND SERVICE OF
THE POSTAL
EXTRA DEPARTMENTAL AGENTS
154-165
I-B(i) RULES RELATING TO APPOINTMENT OF NONDEPARTMENTAL
AND SHORT DUTY EMPLOYEES
165-166
I-C SCHEDULE OF ADMINISTRATIVE POWERS OF DIRECTOR
GENERAL
166-169
6
2. SCHEDULE OF ADMINISTRATIVE POWERS OF THE HEAD
OF A CIRCLE
169-181
3. SCHEDULE OF ADMINISTRATIVE POWERS OF SENIOR
SUPERINTENDENT AND SUPERINTENDENT OF POST
OFFICES
181-183
4. SCHEDULE OF ADMINISTRATIVE POWERS OF
INSPECTOR OF POST OFFICES. (OTHER THAN A TOWN
INSPECTOR)
183-184
5. SCHEDULE OF ADMINISTRATIVE POWERS OF A
POSTMASTER
184-186
6. SCHEDULE OF ADMINISTRATIVE POWERS OF A SENIOR
SUPERINTENDENT AND SUPERINTENDENT, RAILWAY
MAIL SERVICE
186-188
6-A SCHEDULE OF ADMINISTRATIVE POWERS OF
SUPERINTENDENT (SORTING), RAILWAY MAIL SERVICE
188-189
7. SCHEDULE OF ADMINISTRATIVE POWERS OF AN
INSPECTOR, RAILWAY MAIL SERVICE.
189
8. SCHEDULE OF ADMINISTRATIVE POWERS OF RECORD
OFFICER
189-190
10. SCHEDULE OF ADMINISTRATIVE POWERS OF HEAD
SORTING ASSISTANT
190
11. SCHEDULE OF ADMINISTRATIVE POWERS OF
SUPERINTENDENT POSTAL STORES DEPOT
/SUPERINTENDENT (POSTAL STORES) FORMS AND
SEALS, ALIGARH
190-194
7
POSTAL MANUAL VOLUME III
CHAPTER 1
DISCIPLINE
The procedure to be followed in disciplinary cases against Government servants in laid down in
detail in the Central Civil Services (Classification, Control and Appeal) Rules, 1965, which have
been reproduced in Schedule 1-A of this Manual. These rules alongwith Article 311 of the
Constitution have necessarily to be studied thoroughly by all the authorities which have been
vested with disciplinary powers. Various instructions and classifications in regard to these rules
have been issued from time to time. These instructions are to the extent necessary incorporated in
the chapter for the guidance of all officers having disciplinary powers.
Stages of Disciplinary proceedings
2. The procedure as laid down in the Central Civil Services (Classification, Control and Appeal)
Rules, 1965, is required to be followed rigidly. Any failure in its due observance is liable to
vitiate disciplinary proceedings including the final punishment order passed. The various stages
in a disciplinary case are given below :
(a)
enquiries, if necessary, at the appropriate level in regard to offences alleged to have been
committed by him.
(b)
minor penalty in the prescribed proformae.
(c)
Officer and presenting officer holding of enquiry into the charges where necessary and
findings of the Enquiry Officer.
NOTE:-Even though withholding of increment is a minor penalty, Government have decided that
an enquiry should be held in the manner laid down in Sub Rules (3) to (23) of Rule 14 of
CCS (CCA) Rules, 1965, if it is proposed :-
(i) to withhold increment of pay for a period exceeding three years; or
(ii) to withhold increment of pay with cumulative effect of any period, or
(iii) to impose the penalty of withholding of increment at a time when it is likely to
effect adversely the amount of pension admissible to the government servant.
(d)
whether the charges have been established. Passing of final orders.
3.
the appropriate authority should decide whether or not there is justification for having the matter
investigated into. At the stage of preliminary enquiries, all available evidences and relevant
documents should be collected and in important cases, evidences of witnesses be reduced to
writing and got signed by them, if possible, in the presence of the accused employees. No prior
sanction of the punishing authority is necessary for holding such a preliminary enquiry. The
investigation report alongwith the preliminary evidences collected should then be examined by
the appropriate authority to come to a decision whether a prima-facie case exists for initiation of
formal disciplinary proceedings. The office responsible for the decision should take care not to
express, as far as possible, any definite opinion on the merits of the final outcome of the case. If
8
this decision is taken at a level lower than the competent disciplinary authority, all the papers
should then be forwarded to that authority for taking a final decision and initiation of disciplinary
proceedings. Even if it is felt that there is no justification for initiation of disciplinary
proceedings, it is desirable that the papers are shown to the competent disciplinary authority for
his information. At this stage itself the competent authority should examine whether pending
disciplinary proceeding, the official should be placed under suspension, and issue order in the
form prescribed.
4.
take a decision whether the proceedings should be initiated for a major or a minor penalty. In a
case of minor penalty, the authority may, even at this stage, decide whether an enquiry should be
held in regard to the allegations to be leveled against the official concerned. Thereafter it should
satisfy itself by a reference to the schedule to the CCS (CCA) Rules, 1965, and rule 12 of those
rules that it is competent to issue the necessary charge sheet and impose a major or minor penalty
as the case may be. The charge sheet should the be drafter in the prescribed form giving all the
details as required under Rule 14 or Rule 16 of the above rules as the case may be, while framing
the charge sheet, the following points should be kept in mind :-
(i) The grounds on which it is proposed to take action against an employee should be
reduced to the form of a definite charge or charges. The charges should be clear,
specific and precise. A separate charge should be framed in respect of each separate
offence. It is desirable that the charges should not be of a petty nature or unnecessarily
numerous. They should not, except where the charge is one of inefficiency or
incompetence, relate to mattes which have already been the subject of previous
official enquiry and decision. Care should be taken that no expression of opinion as to
the guilt of the accused official is contained in the wording of the charge.
(ii) A statement of allegations on which each charge is based and of any other
circumstances which it is proposed to take into consideration in passing the orders on
the case should invariably be attached with the chargesheet. In the statement of
allegation also, care should be taken that no opinion or anything that can be construed
as an opinion as to the guilt of the official should appear therein.
(iii) A complete list of documents by which, and a complete list of witnesses by whom, the
articles of charge are proposed to be sustained should be attached with the
chargesheet.
(iv) The employee should be required, within a reasonable time to be specified in the
Memorandum, to state whether he desires to be heard in person, and thereafter, to put
in a written statement of his defence.
NOTE: When the Memorandum of charges is sent by post, it should be enclosed in a Registered
Cover with acknowledgement due.
5.
examination should be made by the disciplinary authority with a view to finding out whether the
official has admitted any or all the charges leveled against him. In the cases of proceedings for a
major penalty, enquiry into such of the charges as are not categorically admitted by the accused
official is obligatory. If an enquiry is required to be held, the disciplinary authority should decide
whether it would like to hold the enquiry itself or to appoint a separate Enquiry Officer. The
status of the Enquiry Officer should not in any case be lower than that of the accused officer. In
9
making a selection, the disciplinary authority should pay due regard to the seriousness of the
alleged offence and also to the status of the accused officer. In fairness to the accused, as well as
to the Enquiry Officer, the enquiry should not be entrusted :-
(a)to an officer who held the preliminary enquiry and expressed a definite opinion on the
allegations, especially, where such opinion is adverse to the accused, or;
(b)to an officer directly subordinate to an officer, who has already expressed an opinion
on the allegations, especially where such opinion is adverse to the accused.
(ii) The disciplinary authority may also at this stage nominate a Presenting Officer who
would present on its behalf the case in support of the articles of charge. The Accused
Officer has also the right to take assistance of another Government servant to present
the case on his behalf, for this purpose, he is not required to take prior permission of
the disciplinary authority. He need send only an intimation to this effect to the
disciplinary authority. The disciplinary authority is not, however, responsible to
ensure the release of that Government servant to enable him to attend the enquiry. The
accused officer is not also entitle to engage a legal practitioner to present his case
without the specific permission of the disciplinary authority. If, however, the
Presenting Officer appointed by the disciplinary authority is a legal practitioner, the
accused official will have a right to appoint a legal practitioner to assist him.
(iii) To enable the Enquiry Officer to hold the enquiry, the disciplinary authority is
required to send copies of the documents as indicated in sub rule 6 of Rule 14 of
Central Civil Services (Classification, Control and Appeal) Rules, 1965 to him. The
original documents should be available with the Presenting Officer. In case there is no
Presenting Officer, the enquiry officer should have the original documents.
(iv) Before the start of the enquiry, the accused officer will be required to state
categorically whether he pleads guilty to any of the articles of charges. If the accused
officer does not plead guilty to any or all the articles of the charges the enquiry officer
will start formal enquiries. Before the start of the enquiry, the accused officer will
have the option to apply for the production and inspection of certain documents to be
specified by him which are expected to be in the possession of Government but not
already mentioned in the list of documents attached with the chargesheet, and are
relevant. During the enquiry, the Presenting Officer will produce all documentary
evidence and also have all his witnesses examined and cross-examined to prove the
allegations and charges. At the discretion of the Enquiry Officer and before the close
of the case on behalf of the disciplinary authority, the Presenting Office may produce
new evidences not included in the original list supplied to the accused officer.
Similarly, the Enquiry Officer may himself call for new evidence or recall and reexamine
any witness vide sub-rule 15 of Rule 14 of CCS (CCA) Rules, 1965. After
the witnesses on behalf of the disciplinary authority have been examined, the accused
officer shall be required to state his defence orally or in writing. He shall also produce
evidence in support of his defence. The Enquiry Officer has the right to examine the
accused officer himself. Thereafter the Presenting Officer as well as the accused
officer will have an opportunity to file written statements of their respective case, if
they so desire. On the basis of the evidences recorded during the enquiry, the Enquiry
Officer will submit his report discussing all the evidences and giving his finding on
each charge separately taking into account the evidence of both the sides. The
enquiring authority should, after the completion of the production of evidences, hear
the presenting officer, if any appointed, and the delinquent official or permit them to
file written briefs of their respective cases, if they so desire. In case they decide to be
10
heard orally, the presenting officer will be required to present his case in the first
instance. In case written briefs are obtained from them, the presenting officer should
be required to submit his brief in the first instance and a copy of that brief should be
supplied to the delinquent official before he is required to submit his brief.
6.
authority should examine the report carefully with a view to taking a decision whether the
charges have been established and whether the recommendations of the Enquiry Officer in this
regard should be accepted. In case, the disciplinary authority does not accept any of the
recommendations of the Enquiry Officer, it shall give its own findings, discussing the relevant
evidences in support thereof. At this stage, it will be open to the disciplinary authority either to
direct the Enquiry Officer to hold supplementary enquiry for further examination of any of the
witnesses or may itself hold a supplementary enquiry subject to the restrictions imposed by the
note below sub-rule 15 of Rule 14 of CCS (CCA) Rules. However, the disciplinary authority at
this stage is debarred from taking into account any evidence, either documentary or oral, which
had not been adduced during the formal enquiry. Accordingly, it will not be proper to bring in
extraneous matters, such as bad records to service, not connected with the enquiry for either
establishing the charge or for deciding the quantum of penalty. If however, the accused officer
makes a request for a lenient view being taken on the ground of his previous records of service or
good conduct in his brief submitted to the Enquiry Office, no injustice is likely to accrue to the
accused officer if his previous bad service records weigh with the disciplinary authority is not
agreeing to show leniency.
After the disciplinary authority has arrived at a decision about the charges, it should take a
decision about the quantum of penalty which is considered to be justified on the basis of the
charges held to have been established against the officer. The disciplinary authority should
thereafter issue the final punishment orders. A copy of the enquiry report alongwith the findings
of the disciplinary authority should be attached with the punishment orders. In case, the
disciplinary authority is itself the enquiring authority, a copy of its own report should be
furnished to the delinquent officer alongwith the punishment orders. In some cases, a delinquent
may not offer any defence to the chargesheet served on him. Even in such cases, the usual
procedure of holding an enquiry has to be followed. If the accused officer does not attend the
enquiry, an ex-parte enquiry should be held. During this enquiry, the Enquiry officer should
follow the prescribed procedure of inspection of the original records produced in support of the
charges and of examination and cross-examination of the witnesses produced on behalf of the
disciplinary authority. In case the proceedings are for a minor penalty, the disciplinary authority
should pass the final punishment orders after giving due consideration to the defence unless an
enquiry is required to be held in accordance with the provisions of Sub Rule 1-A of Rule 16 of
CCS (CCA) Rules, 1965.
NOTE:- The procedure which is required to be followed for holding a joint enquiry in which
two or more Govt. servants are involved is laid down in Rule 18 of the CCS (CCA)
Rules, 1965.
First Stage : Decision to proceed against an employee after making preliminarySecond Stage : Framing of charges and issue of a charge sheet either for a major or aThird Stage : Submission of defence by the delinquent officer, appointment of EnquiryForth Stage : Examination of Enquiry Report and evidences and taking of a decisionFirst Stage : When a report is received about the commission of an offence by an employeeSecond Stage : On receipt of all the relevant papers, the authority receiving them shouldThird state : (i) On receipt of the statement of defence of the accused officer, a preliminaryFourth Stage : On receipt of the Enquiry Officer’s report, the competent disciplinary7.
disciplinary authority should forward the enquiry report alongwith the relevant records in
original to the Commission and pass the final orders only on receipt of the Commission’s advice.
A copy of the Commission’s advice should also in that case be forwarded to the accused officer.
On the issue of the punishment orders, the officers if already under suspension and if not
dismissed, removed, or compulsorily retired from servicefi should be released from suspension
and the period of suspension regulated under FR 54. In appropriate cases, the desirability of
releasing the officer from suspension should be examined even at an earlier stage to ensure that
11
no officer is kept under suspension beyond the minimum period essentially required. An order
should be issued in the form as prescribed.
In a case in which it is necessary to consult the Union Public Service Commission, the8.
sufficient record of the evidence (including oral evidence, if any) and a statement of the findings
and ground thereof. In other words, the punishment order should contain :-
(i) the facts and the history of the case lending to the charges;
(ii) the charges in detail;
(iii) a record of the examination of the defence and the evidence (including oral evidence,
if any) in respect of each charge; and
(iv) a statement of the findings in respect of each charge.
A copy of the order must be furnished to the employee punished under receipt which must be
kept on record attached to the original order or punishment in the personal file of the official
concerned or in the file from which the order is issued as the case may be. Particulars of the
punishment awarded to the official should be recorded in this confidential record. The adverse
remark to be recorded should be prepared in duplicate , one copy to be signed and returned by
the official to be kept in his confidential record. In case where an official prefers an appeal and
his appeal is upheld either wholly or partially, particulars of the appellate order should be
recorded in the confidential record.
The order of punishment should be framed in a proper judicial form. It should contain a9.
Central Civil Services (Classification, Control and Appeal) Rules, 1965 is not required to be
followed, are given in Rule 19 ibid. The form of order issued in such cases is shown in
Appendix.
NOTE : In judicial trials, it sometimes happens that some censure is passed on the public servant
in a side remark from the Bench, which he has no opportunity of answering, or which
the Presiding Officer may not have thought of sufficient importance to require
verification. Such a remark should not be taken as a deliberate judgement and unless
convicted at a judicial trial, an employee should always be given the opportunity of
defending himself against nay imputation that he may have therein incurred.
The special circumstances under which the procedure laid down in Rule 14 or 16 of the10
allowed the option of resigning his appointment in the Department. If so, and if he then
voluntarily tenders an unconditional resignation, this should be accepted without comment,
subject to the provision of Rule 158.
. It may be that the circumstances of a case are such that an accused employee should be11.
to the head of the office from which his pay is drawn and to the Director of A/cs (Postal)
alongwith the pay bill.
Copies of all punishment orders effecting the pay of the employee punished should be sentConsultation with Central Vigilance Commission
12. In all Vigilance cases relating to Gazetted Officers, the Central Vigilance Commission
should be consulted during the progress of the case at the following stages :
(i) If in any case the administrative authority does not think that a preliminary
enquiry is necessary, the complaint (other than an anonymous or pseudonymous
12
complaint) together with the views of the administrative authority shall be
forwarded to the Central Vigilance Commission for advice.
(ii) Similarly, when an administrative authority has, after preliminary enquiry, come
to the conclusion that no further action is necessary, the case shall be reported to
the Central Vigilance Commission for advice.
(iii) Where an administrative authority proposes after a preliminary enquiry, to
institute disciplinary proceedings, the report of the preliminary enquiry, together
with other relevant records, shall be forwarded to the Central Vigilance
Commission for advice as to the course of further action to be taken.
(iv) In cases in which the Central Vigilance Commission advises that formal
disciplinary proceeding should be instituted, it will also advise whether
proceedings should be instituted for imposing a major penalty or a minor penalty.
It will then be the responsibility of the Ministry/Department to draw up a charge
sheet, statement of allegations etc., and take all further steps according to the
prescribed procedure and practice. It will be open to the administrative authority
concerned to seek such further advice and guidance as may be considered
necessary from the Central Vigilance Commission.
(v) The report of the Enquiry Officer conducting oral enquiry into any departmental
proceedings together with the full record of the case should be forwarded to the
Central Vigilance Commission who will advise the disciplinary authority
concerned as to the course of further action to be taken.
(vi) The administrative authority may, in its discretion, decide to make an enquiry into
an anonymous or pseudonymous complaint or to drop it or may seek the advice of
the Central Vigilance Commission. However, once an administrative authority
has decided to make an enquiry into a complaint, the result of such enquiry should
be intimated to the Central Vigilance Commission.
(vii) In respect of proceedings for imposition of major penalty a reference has to be
made to the Central Vigilance Commission after the enquiry has been concluded.
In respect of a case of minor penalty, it should be referred to the Central Vigilance
Commission after the receipt of the written statement of defence of the delinquent
officer and before the case is referred to the Union Public Service Commission,
where this step is necessary. The disciplinary authority should indicate his
provisional conclusions while making such a reference. Further, where statement
has been made in the reply of the officer to controvert the allegations, the
Commission’s attention should specifically be drawn to the correct facts.
NOTE I : In consonance with the spirit of the Scheme of the Central vigilance Commission
only those cases in which there is an allegation of corruption or improper motive,
or if the alleged facts indicate an element of corruption or improper motive, need
be referred to the Commission. Cases involving purely administrative or
technical lapses e.g. late attendance, disobedience, insubordination, negligence,
lack of supervision or operational or technical lapses and irregularities etc., need
not, therefore, be referred to the Commission. However, difficulty sometime
arises in distinguishing vigilance cases from no-vigilance cases. In all such cases
discretion has to be exercised by the administrative authority. Broadly speaking it
may be stated that any case which prima facie has a vigilance angle or which has
the potentiality of having a vigilance angle should be referred to the Commission
for advice.
NOTE II : Heads of Circles and Administrative Officers who are competent to impose minor
penalty on class II officers may consult the Commission direct.
Suspension
13.
competent to impose on a Government servant any of the penalties specified in rule 11 of the
13
Central Civil Services (Classification, Control and Appeal) Rules, 1965, may place that
Government servant under suspension under the circumstances laid down in rule 10 of the said
rules. A Government servant who is undergoing a sentence of imprisonment shall also be dealt
within the manner laid down in sub rule (2) of rule 10 of the said rules pending decision of the
appropriate disciplinary authority about the final action to be taken against him in accordance
with the provision of rule 19 ibid.
14
authority will report to the appointing authority the circumstances in which the order was passed.
15. Where the services of a Government servant are borrowed from or lent to by one department
to another department or from or to a State Government or an authority subordinate thereto or
from or to a local authority or other authority, the borrowing authority can suspend such
Government servant under rule 20 of the Central Civil Services (Classification, Control and
Appeal) Rules, 1965. The lending authority should, however, be informed forthwith of the
circumstances leading to the order of suspension.
16. Before passing an order of suspension, the authority proposing to make the order, should
verify whether it is competent to do so. Otherwise, the suspension order is liable to be declared
to the grant of full pay and allowances for the period of suspension. A Government servant
should not be placed under suspension by or oral order.
17. A suspended Government servant continues to be in the grade held by him immediately
before suspension and does not suffer a reduction in rank. Suspension may, however, cause a
lasting damage to Government servant’s reputation even if he is ultimately exonerated or is
awarded only a minor penalty. The competent authority is, therefore, expected to exercise his
power with proper care and caution. As an alternative, it may be considered whether the purpose
cannot be served by transferring the Government servant elsewhere or by granting leave due and
admissible in case the suspect officer prefers to proceed on leave. If the suspect officer is already
on leave or absent without permission, the orders of suspension, if any, should normally be given
effect to only from the date the said officer returns from leave or desires to resume duty. The
following instructions should guide an officer in suspending an employee :-
(a) there must be a strong prima facie case against delinquent;
(b) if the offence is of such a serious nature that dismissal will be the probable punishment
or such that it is inadvisable that the offender should be allowed to perform the duties
of his office pending decision on the case, suspension is justifiable;
(c) unless there is some very strong reason why the offender should not be allowed to
continue to work until the case has been decided, suspension should not be resorted to;
(d) no one should be suspended for petty breaches of discipline and for minor departmental
offences;
(e) no one should be suspended unless
(i)he wilfully and obstinately refuses to carry out an order;
(ii) during the course of enquiry, his retention in his appointment would hamper or
frustrate such enquiry;
(iii) he is charged with an offence of a nature which, if proved against him would
ordinarily result in his dismissal.
14
(f) where the continuance in office of the Government servant is likely to seriously subvert
discipline in office in which he is working or where his continuance in office will be
against the wider public interest, as for example, in the case of public scandal, it is
necessary to place the concerned official under suspension;
(g) suspension is also desirable in the following cases :-
(i) if the alleged offence or conduct on the part of the employee involves moral
turpitude;
(ii) where the charge relates to corruption, embezzlement or misappropriation of
Government money, possession of disproportionate assets, mis-use of official
powers for personal gains, or serious negligence and dereliction of duty resulting
in considerable loss to Government.
NOTE 1 : While suspension of an official may be justified at the initial stage, it should always be
ensured by the suspending authority be undertaking periodical reviews that the period
of suspension of an official is reduced to the barest minimum. For this purpose, every
effort should be made to file the chargesheet in court or serve the chargesheet on the
Government servant, as the case may be, within three months of the date of
suspension. In cases where it may not be possible to do so, the disciplinary authority
should report the matter to next higher authority explaining the reasons for the delay.
That authority should consider whether it is still necessary to continue the official
under suspension or the suspension order should be revoked. The intention is that in
cases other than those pending in courts, the total period of suspension viz. both in
respect of investigation and disciplinary proceedings should not ordinarily exceed six
months. However, in exceptional cases where it is not possible to adhere to this timelimit
the suspension may be continued only under the specific order of the authority
immediately superior to the disciplinary authority. In case the order of suspension is
revoked, the authority ordering the revocation shall pass an order immediately
regulating the period of suspension as required under Sub-Rule 1 of F.R. 54-B. For
this purpose, it is not necessary for that authority to await the finalisation of the
disciplinary or court proceedings. Where the order regulating the period of suspension
its issued pending finalisation of the disciplinary or court proceedings, it should be
reviewed by the concerned authority on its own motion after the conclusion of the
proceedings as required under Sub- Rule 6 of F.R. 54-B.
NOTE 2 : “Where documentary and oral evidence has already been collected and the risk of
tempering with evidence (documentary or oral) by the official no longer exits. The
cancellation of the suspension order should be considered by the component
authority. when, however, there is still such a risk the question of his transfer should
be considered keeping in view the nature and gravity of offence committed by the
official.”
NOTE 3 : A Government servant against whom a criminal charge or a proceeding of arrest for
debt is pending should also be placed under suspension by the issue of specific orders
to this effect during the periods when he is not actually detained in custody or
imprisoned e.g. while released on bail, if the charge made or proceeding taken against
his is connected with his position as a Government servant or is likely to embarrass
him in the discharge of his duties as such or involves moral turpitude.
15
18. It is the duty of a Government servant who may be convicted by a Court of law or arrested,
to inform his official superior of the fact of his conviction and the circumstances connected
therewith as soon as it is possible for him to do so. Failure in this regard will be regarded as
suppression of material information and will render him liable to discipl9nary action on his
ground. Alone, apart from the penalty called for on the basis of the offence on which his
conviction was based.
19. Except in cases which an employee is deemed to have been placed under suspension under
rule 10(2) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, an
order of suspension will normally take effect to from a back date. In a case in which the officer
to be suspended (a) is stationed at a place other than the headquarters of the competent authority
or his is on tour (b) he is holding charge of stores and/or cash the order of suspension will not
take effect from the date of issue of the orders. In a case of the type (a) above, the orders of
suspension will take effect from the date of receipt of the orders by the employee or the date of
his relief to be specified by the Competent authority. In a case of type (b) above, the competent
authority should, taking into account the circumstances of the case, lay down that the checking
and verification of stores and or cash should commence on receipt of the orders of suspension
and be completed by a specified date from which suspension should take effect.
20. The station of posting immediately before his suspension will be the headquarters of the
suspended officer. The disciplinary authority may, however, for reasons to be recorded in
writing, fix any other place as his headquarters in the interest of public service (vide Govt. of
India’s decision No. 3 below S.R. 153-A). A change of headquarters can be also be ordered at
the request of the suspended officer if the competent authority is satisfied that it will not put
Government to any extra expenditure in the shape of T.A. etc or create difficulty in investigation
or in processing of departmental proceedings.
21. A suspended officer is subject to all conditions of services applicable to Government
servants. He should not accordingly leave his headquarters without the permission of the
disciplinary authority.
22. Suspension should not be continued beyond the minimum period for which it is essentially
required. If the finalisation of the court case or departmental proceedings is likely top be delayed,
the feasibility of revoking the orders of suspension and transferring the official to any other post
or office, if necessary, should be considered.
23. An order of suspension made or deemed to have been made can be revoked at any time for
good and sufficient reasons by the authority who made the orders or is deemed to have made or
by any other higher authority.
24. A copy of the order placing an employee under suspension (other than those whose names
are not shown in the Establishment pay bills) and also a copy of the subsequent order either
releasing the employee from suspension of compulsory retirement, should be forwarded by the
officer issuing the order to the Director of A/c’s ‘Postal’ to enable him to audit grants payable to
the official concerned, and to know whether the period of suspension may count for pension or
not.
In the case of an employee whose name is not required to be shown in the Establishment
pay bill or in the annual Establishment return a copy of the order should accompany bill of the
employee concerned.
16
Copies of orders must also be sent to the officer in whose custody the Service book or
Service Roll is kept to enable him to make necessary entries in the Service Book or Service Roll
as the case may be.
The appointing authority or any authority to which it is subordinate or any other authority. If an order of suspension is passed by an authority lower than the appointing authority, that25.
of his suspension at the rate prescribed in F.R. 53. If the period of suspension exceeds 3 months,
the suspending authority may vary the rate of subsistence allowance for the subsequent period of
suspension in accordance with the provisions of the rule referred to above. Normally it is not
advisable that any orders revising the rate of subsistence allowance, are given retrospective
effete. Suspending authorities should, therefore, maintain a register for noting all the suspension
cases to enable them to undertake reviews as soon as a suspended officer has completed three
months under suspension,. In each case, specific orders should be passed by the competent
authority placing on record the reasons for the decision decreasing/increasing or allowing the
rate of subsistence allowance to remain unaltered.
NOTE 1 : In a case where the period of unemployment is subsequently treated as period of
suspension on the reinstatement of the official, the rate of subsistence allowance for
that period cannot, however, be increased or decreased under the provisions of F.R.
53.
NOTE 2 : Where departmental proceedings against a suspension employee for the imposition of
a major penalty finally end with the imposition of major penalty, the suspension can
be said to be wholly unjustified in terms of FR (54-B) and the employee concerned
should, therefore, be paid full pay and allowances for the period of suspension by
passing a suitable order under F.R. 54-B.
A Government servant under suspension is entitled to subsistence allowance from the date26.
reviews at any time at its discretion. However, the increase or decrease at any stage should not
exceed the limit of 50 percent of the subsistence allowance granted initially.
After the first review, it will be open to the competent authority to make a further review or27.
F.R. 89 and 90 and on leave on half pay in rule 15(2) of the Revised Rules will be applicable, to
the initial rate of subsistence allowance under F.R. 53, but will not apply when it is increased or
decreased after the first 3 months of suspension.
The maximum and minimum limits in respect of leave on half average pay prescribed inRecoveries from subsistence Allowance
28.
(i) income tax and super tax.
(ii) house rent, electricity, water and other charges.
(iii) repayment of loans and advances taken from the Government at such rates as the Head
of the Department deems it just to fix.
The following recoveries from the subsistence allowance are compulsory :-29.
suspended officer :-
(i) P.L.I. premia.
(ii) Dues of the Co-operative stores and Co-operative Societies.
(iii) Refund of advance taken from the G.P.F
The following recoveries are optional and should be made only with the consent of the30.
17
(i) Subscription to G.P.F.
(ii) Amount due on court attachments.
(iii) Recoveries of loss to Government for which the suspended officer has been held
responsible.
The following recoveries are not to be made from the subsistence allowance :-Admissibility of D.A. & C.A. during suspension
31.
the competent authority but the rate of recovery should not in any case exceeds 1/3
subsistence allowance excluding D.A. and other allowances.
Recovery of over-payment can be made from the subsistence allowance at the discretion ofrd of the32.
he been on leave on leave salary equivalent to the subsistence allowance payable from time to
time. Compensatory allowances admissible to him will however be at the rate admissible with
reference to the emoluments which he was in receipt immediately prior to his suspension.
Rates of D.A. admissible to a suspended officer will be equal to the amount admissible hadHouse Rent Allowance during suspension
33.
to enjoy the concession from the date of suspension but he will not be required to vacate the
quarter unless it is attached to any particular post. However, rent at the usual rate will be
recovered from him. If ultimately the employee is allowed full pay and allowances for the period
of suspension, the concession of rent-free accommodation will stand restored and rent, if
recovered, for the period of suspension will be refunded. If however, the employee had been
made to vacate the quarter, he will be entitled to house rent allowance in lieu of rent-free
accommodation only if house rent allowance is otherwise admissible at the headquarters of his
suspension. The house-rent allowance will be calculated with reference to the pay that he was
drawing for the period of suspension.
A Government servant who has been in occupation of rent-free accommodation will ceaseSubsistence Allowance in the case when paid prior & reinstatement is regulated as
suspension
34.
who is subsequently deemed to have been placed under suspension or to continue to be under
suspension from the date of such dismissal, removal or compulsory retirement under Rule 10 of
the Central Civil Services (Classification, Control and Appeal) Rules 1965, he shall be entitled to
subsistence allowance and other allowance for such period of suspension but the amount of
earnings, if any, for the period will be deducted from the subsistence allowance. In such a case,
the rate of subsistence allowance will not be liable to be decreased or increased retrospectively
for the period of suspension beyond the first 3 months.
In the case of Government servant dismissed, removed or compulsorily retired from serviceOption for revised scale of pay
35.
the revision takes effect from a date prior to the date of suspension, the Government servant
should be allowed to exercise the option under G.R. 23 even if the date by which he is to
exercise the option falls within the period of suspension. He will be entitled to the benefit of
increase in pay, if any, in respect of the period before suspension and also in the subsistence
allowance for the period of suspension.
When the scale of pay of a post held by the Govt. servant under suspension is revised andProcedure in respect of temporary Government servants the term of whose post expires or
he is likely to be retrenched before proceedings are completed
18
36.
at the time of suspension is likely to expire or if he otherwise becomes liable to be retrenched
from service before the disciplinary proceedings are likely to be completed, it may be considered
on merits whether;
(a) he should be discharged from service on the expiry of the term of the post held by him;
or
(b) his services should be terminated under Rule 5 of the Central Civil Services
(temporary Service) Rules, 1965; or
(c) the disciplinary proceedings should be continued to its logical conclusion.
If it is decided to continue the disciplinary proceedings, the temporary post should be extended
for an appropriate period under orders of the authority competent to sanction such extension. If
delay is anticipated in obtaining the sanction of the competent authority competent to dismiss or
remove the Government servant concerned from service may issue orders extending the post
without reference to the competent authority. The vacancy caused by such extension should not,
however, be filled.
In the case of a temporary Government servant if the tem of the temporary post held by himTermination of Service under suspension
37.
Central Civil Services (Temporary Service) Rules, 1965, while he is under suspension or/and
departmental proceedings are pending against him.
The services of a temporary Government servant can be terminated under Rule 5 of theAcceptance of resignation during suspension
38.
authority should examine with reference to the merits of the disciplinary case pending against
him whether it would be in the pubic interest to accept the resignation. Normally, an officer is
placed under suspension only in cases of grave delinquency and it would not be correct to accept
the resignation of an officer under suspension. Exception, may however, be made only in cases
in which :-
(i) the alleged evidence does not involve moral turpitude; or
(ii) the quantum of evidence against the accused officer is not strong enough to justify the
assumption that if the departmental proceedings are continued, the officer would be
removed or dismissed from service; or
(iii) the departmental proceedings are likely to be so protracted that it would be cheaper to
the public exchequer to accept resignation.
If a Government servant who is under suspension, submits his resignation the competentRegulation of the period of suspension
39.
the provisions of F.R. 54.
On release from suspension, the period of suspension should be regulated in accordance with40.
of it. Such unauthorised absence would include the following cases :
(i) Absence form duty without leave previously sanctioned.
19
(ii) Overstayal of leave already sanctioned without previous sanaction of leave for the
period in excess of the original period of leave.
(iii) Being away from duty in excess of the limits laid down in Rule 32(2)(a) of the CCS
(Leave Rules, 1972).
A Government servant who is unauthorisedly absent from duty will normally be allowed to
rejoin duty at the end of the period of unauthorised absence. He may be called upon to explain
the circumstances in which he was unauthorisedly absent and the action to be taken in his case
will be decided by the competent authority on the basis of his explanation. Imposition of any of
the penalties prescribed in the CCS (CCA) Rules, 1965, may be considered if the explanation is
not considered satisfactory.
In case a Government Servant is absent unauthorisedly and does not report for duty of his own
accord the competent authority may order him to rejoin duty and if even then he fails to rejoin
duty, a serious view will be taken, which may result in punitive action against him.
In case disciplinary proceedings are instituted against a Government servant while he is on
unauthorised absence and he is later allowed to join duty, the question as to how the period of
unauthorised absence should be treated will be decided by the competent authority on conclusion
of disciplinary proceedings.
In this connection reference is also invited to the proviso to FR. 17(1) under which a
competent authority may deal with periods of absence without leave properly sanctioned. Such
consequences as break in service and loss of pay and allowances may result from the application
of the proviso to FR 17 (I), which leads as follows :
Provided that an officer who is absent from duty without any authority shall not be entitled to
any pay and allowance during the period of such absence.
Unauthorised absence from duty is opposed to discipline and a serious view may be takenRemittance of subsistence allowance
41. Subsistence allowance of a non-gazetted official can be remitted by service money orders.
Eligibility to appear in Departmental Examinations during suspension.
42. An official under suspension or facing disciplinary proceedings may be admitted to a
departmental examination if he satisfies all the other conditions prescribed for admission to such
examination. The question of his promotion should, however, be decided taking into account the
instructions issued from time to time about the promotion of an official under suspension or
against whom disciplinary proceedings are pending.
Disciplinary Authorities
43.
Services (Classification, Control and Appeal) Rules, 1965 on any person who is a member of
Central Service or holds a post in connection with the affairs of the Union. In addition, the
authorities competent to impose penalties on members of Group ‘B’, ‘C’ and ‘D’ Services are
those mentioned in the schedules to the Central Civil Services (Classification, Control and
Appeal) Rules, 1965, which have reproduced in Schedule 1-A of this Manual. This is subject to
the general condition that no major penalty, namely, those specified in items (v) to (ix) of Rule
20
11 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 shall be
imposed by any authority lower than the appointing authority as defined by Rule 2(a) of the said
Rules.
NOTE : Under the provision of sub-rule (2) of Rule 12 of the Central Civil Services
(Classification, Control and Appeal) Rules, 1965 the prescribed appointing authorities
are competent to impose all the statutory penalties. In the schedule to these rules while
powers of appointment in respect of certain Group ‘C’ and ‘D’ cadres have been
delegated to non-gazetted officers like Inspectors of Post Offices, Head Record Officer
etc., they have not, however, been delegated with the powers to impose any of the
major penalties. By virtue of this limitation of their powers in the schedule in this
respect these appointing authorities are precluded from exercising the powers of
imposing a major penalty.
The President may impose any of the penalties specified in Rule 11 of the Central Civil44.
alia to persons who are subject to discharge from service on less than one month’s notice and
also to such of the industrial workers as are governed by the certified standing orders. The
following cadres have also been specifically excluded from the operation of these rules vide
S.R.O.-609 dated 28 February, 1957 :-
(i) Extra-departmental Agents.
(ii) Monthly rated staff paid from contingencies other than those brought or regular
establishment;
(iii) Monthly rated work-charged and other employees not on regular establishment;
(iv) Daily rated staff paid from contingencies;
(v) Daily rated workmen paid by the day, week; months etc.;
(vi) All hot whether and monsoon establishment.
Central Civil Service (Classification, Control and Appeal) Rules are not applicable inter45.
authority or any other authority higher than the appropriate punishing authority cannot exercise
any concurrent original disciplinary jurisdication. In no circumstances should an authority higher
than the punishment authority issue any direction in regard to the penalty to be imposed. Neither
should a punishing authority obtain the guidance or consent of any superior authority in this
respect. Nothing in this rule shall affect the authority of the President to impose any of the
penalties on any Government servant.
A penalty can be imposed only by the prescribed punishing authority, an appellate46.
his absorption in this Postal Department. The rank of the appointing authority in respect of such
an employee will, therefore, be that of the authority which was competent to appoint him or
actually appointed him in the grade at the time he was absorbed in the Postal Department.
An ex-state employee ceased to have all connection with the former state immediately on47.
competent to impose major penalties on an official who was initially appointed by a Senior Time
Scale Officer of the I.P.S Group ‘A’, the Jr. & Sr. Time scale of the service having been merged.
A Group ‘A’ Sr. Superintendent of Post Offices and R.M.S. should be deemed to be48.
administrative or financial powers vested in the full-fledge incumbent of the post but he cannot
exercise statutory powers, whether those powers are derived direct from an Act of Parliament or
Rules, Regulations and By-Laws made under various articles of the Constitution.
An officer appointed to perform the current duties of an appointment can exercises49.
posting at the relevant stages of the disciplinary case and not with reference to his posting and
status at the time of commission of the offence. The appellate authority in respect of an official
is, however, to be determined with reference to the authority which imposed the penalty appealed
21
against and subsequent transfer of the official to separate office will not be a material
consideration for the purpose.
Disciplinary authority in respect of an official is to be determined with reference to his50.
Government servant will not be debarred from functioning as a disciplinary authority in the same
case provided it has not openly given out its findings about the guilt of the accused official.
The authority who conducts the preliminary enquiry into a case of misconduct etc. of aAd-hoc Disciplinary authority
51. 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 personally concerned with
the charges or being a material witness in support of the charges, the matter should be reported to
the Postal Dte. with full details for appointment of an ad-hoc disciplinary authority by the
President.
Disciplinary Proceedings
52. The time at which an act was committed or the capacity in which it was committed is not
material for deciding whether or not the Central Civil Service (Classification, Control & Appeal)
Rules are applicable to an employee. It would, therefore, be quite in order to initiate disciplinary
proceedings against a Government servant for some misconduct which is alleged to have been
committed at a time when he was not a Government servant, e.g. when he was an Extra-
Departmental Agent.
Common Proceedings
53. In case where two or more Govt. servants are involved in the case, the departmental
proceedings should, as far as possible, be conducted by the same authority (who will be the
higher among them) so that the evidence and the defence statements submitted by the different
officials may be examined together. This is possible under Rule 18 of the Central Civil Services
(Classification, Control and Appeal) Rules, 1965. Even though the official may be in different
grades and are working under the jurisdication of different disciplinary authorities, as soon as a
case occurs in which two or more Govt. servants are concerned and the disciplinary authorities in
respect of them are different, and the President’s Sanction is necessary under rule 18 of CCS
(CCA) Rules 1965. The following particulars should be furnished to the Directorate for obtaining
President’s sanction for a joint proceedings :-
(i) Names of Government servants;
(ii) Substantive and officiating appointments held by them;
(iii) Allegations against each Govt. servants;
(iv) Normal disciplinary authority in respect of each Govt. servant (separately for major and
minor penalties);
(v) The authority which should be nominated as the disciplinary authority for the purpose of
common proceedings;
(vi) Whether the procedure prescribed in Rules 14 or 16 of Central Civil Services
(Classification, Control and Appeal) Rules, 1965 is to be followed.
54. In other cases the higher competent authority will make the necessary orders. A joint
proceeding against Government servants working in the same office who have made complaint
against each other should be avoided.
22
55. When disciplinary proceedings are initiated on the complaint of a private party, there
should not normally be any necessity to indicate the name of the Complainant unless he is a
material witness in the case. When, however, proceedings are initiated on the basis of the
evidence collected after making investigation into the complaint, there should not be any
necessity to indicate the name of the complainant or the fact that the investigation were started as
a result of the particular complaint.
56. Departmental proceedings should be instituted at the earliest possible stage and it is
necessary that while conducting the preliminary departmental investigation into the lapses on the
part of the various officials, oral and documentary evidence necessary for departmental action
should be collected. So far as the primary offenders are concerned it may not be necessary to
wait till the completion of investigation into all the irregularities. As soon as sufficient evidence
is collected in respect of a few clear cases of misappropriation, disciplinary proceedings should
be initiated.
Disciplinary Proceedings for criminal offences
57. There is no bar to include all charges of violation of departmental rules as well as criminal
offences which can be taken up departmentally e.g. misappropriation of Government money,
defalcation, and theft of departmental materials etc. But there are criminal offences such as
bribery and corruption, murder offences under the Excise Act, etc. which cannot be taken up
departmentally. In the case of departmental proceedings, reference to the various clauses of the
Indian Penal Code should be avoided. The proceedings should be based on the failure to observe
departmental rules and regulations. For instance, in the case of theft of a registered or insured
articles, the charge against an employee may not be theft of that articles but failure to account for
the articles entrusted to him.
58. In cases of burglary, theft, highway robbery, fire etc. the primary offender is usually an
outsider but in some cases collusion of a departmental official may also be suspected. In such
cases, sufficient evidence to make the conduct of the official doubtful is available, disciplinary
proceedings against him should be drawn up and exemplary punishment imposed. While dealing
with such cases, subtle niceties need not be allowed to overshadow the broad facts. While it
should be sent hat natural justice is done and that no innocent person is punished, the moral
convictions of the disciplinary authorities should not be eclipsed at least by pettifogging
arguments.
59. When an employee is reported to, or considered by his immediate superior to be
incompetent, or disqualified from any cause of his duties, the latter must take measures to satisfy
himself of the case, and take necessary action if he is competent to deal with him or bring the
matter to the notice of the competent authority for such action as the latter may deem fit. The
report should contain a specific statement of the facts on which the opinion is based.
60. While dealing with the case of an employee deemed incompetent, his immediate superior
must afford to him an opportunity to offer an explanation, and his explanation, or a statement to
the effect that having been called upon, he has failed to give one, must be submitted to the
competent authority with the report where he himself is not competent to deal with the case.
NOTE : An employee charged with incompetence may, if necessary, be made to undergo a
written examination in the subjects with which he should be acquainted for the proper
discharge of his duties. In the case of a Postal Sorting Assistant or a Sorting Assistant
he may further be subjected to a practical test in sorting by means of dummy cards,
being required to sort a given number of cards, in a given time in the presence of the
23
officer making the enquiry. The rules regarding examination to test the ability of a
telegraphist in signalling will be found in the Postal Volume IV.
61. Under order of the Government of India no employee is, under any circumstances
whatever, to be retained in active employment when he is physically or mentally unfit for the
proper discharge of his duty. When a Government servant is in bad health and unable to perform
his duties in a satisfactory manner, it is his business to apply for and obtain leave. If he does not
go on leave, and neglects his duty, the excuse, if put forward, that he was in bad health, will not
be accepted. In appropriate cases, the employee may be sent for medical examination for
adjusting his fitness to continue in service in accordance with the provisions of the Central Civil
Services (Medical examination) Rules, 1957 reproduced in F.Rs. & S.Rs. Vol. II.
Absence without permission
62. Absence of officials from duty without proper permission or when on duty in office, they
have left the office without proper permission or while in the office, they refused to perform the
duties assigned to them is subversive of discipline. In cases of such absence from work, the
leave sanctioning authority may order that the days on which work is not performed be treated as
dies non, i.e. they will neither count as service nor be construed as break in service. This will be
without prejudice to any other action that the competent authorities might take against the
persons resorting to such practices.
63. Whenever an official continues to remain absent from duty, overstays leave without
permission and his movements are not known or he fails to reply to official communications, the
disciplinary authority may initiate action under Rule 14 of the CCS (CCA) Rules, 1965. In all
such cases, the competent authority should, by a registered A.D. letter addressed to the official at
his last known address, issue a chargesheet in the form prescribed for the purpose and call upon
the official to submit a written statement of defence within a reasonable period to be specified by
that authority. If the letter is received undelivered or if the letter having been delivered, the
official does not submit a written statement of defence on or before the specified date or at a
subsequent stage does not appear in person before the Enquiry Officer, or otherwise fails or
refuses to comply with the provisions of CCS (CCA) Rules, the enquiring authority may hold an
ex parte enquiry. The notices of all hearings should be served on the accused or communicated
to him unless the first notice says that the enquiry will continue from day to day. In ex parte
proceedings, the entire gamut of the enquiry has to be gone through. The notices to witnesses
should be sent, the documentary evidences should be produced and marked, the Presenting
Officer should examine the prosecution witnesses and the enquiring authority may put such
questions to the witnesses as it think to be fit. The enquiring authority should record the reasons
why he is proceeding ex parte and what steps he had taken to ask the accused official to take part
in the enquiry and avail of all the opportunities available under the provisions of Rule 14 of the
CCS (CCA) Rules. In such a case, the details of what has transpired in his absence, including
depositions, should be furnished to the accused officer. During the course of enquiry, the
accused is free to put in appearance and participate in the enquiry. If the accused appears in the
enquiry when some business has already been transacted, it is not necessary to transact the same
business again unless the accused official is able to give justification to the satisfaction of the
Enquiry Officer for not participating in the enquiry earlier. The competent authority may,
thereafter, proceed to pass the final orders dismissing or removing the official from service after
following the prescribed procedure.
64. The procedure outlined above can be observed in the case of a Government servant
whether permanent or temporary remaining absent without authority etc. Such a government
servant should not be placed under suspension but when an official who is under suspension
24
disappears and cannot be contacted at his last known address, the suspension orders should be
lifted and the proceedings in the manner stated above initiated for his removal in absentia.
65. In the case of a temporary govt. servant remaining absent in excess of the limits laid down
in the Rule 32 (2) (a) of the CCS (Leave) Rules. 1972, disciplinary proceedings under Rule 14 of
CCS (CCA) Rules should be initiated and the case processed in the usual manner.
Avoiding of transfers
66.
disciplinary proceedings against him are contemplated he should not be transferred out of the
jurisdiction of the disciplinary authority who is to conduct the departmental proceedings even
though it may sometimes be found desirable to transfer the official to an outstation within the
jurisdiction of the same disciplinary authority. If an official in the selection grade in a different
division is also considered to be responsible for lapses etc. which would justify departmental
action, the question of his transfer to the division where the fraud or loss has occurred and where
all the records etc. would be available for inspection, should be examined and where necessary,
the circle office addressed for necessary action.
As far as possible, after the irregularities on the part of an official have been detected andAction against supervisory officers
67.
negligence on the part of the operative staff. Sometimes, the laxity on the part of the supervisory
officials may have to be viewed more seriously as there may be extenuating circumstances like
the pressure of crowd waiting at the counter, insufficiency of light etc. in the case of an operative
staff. A supervisory official who works in the comparative seclusion of the inner sanctuary of an
office cannot complain of such difficulties. The failure on the part of supervisory official to go
round the office and exercise a personal watch over the operative staff should also be given due
consideration in cases of frauds etc.
The laxity on the part of the supervisory officials should be viewed as seriously as the68.
pending on the ground that the exact amount of loss caused to Government after taking into
account the payments made and recoveries effected as a result of imposition of fines etc. on the
principal offender is not generally available until after conclusion of court proceedings. In such
cases, the disciplinary authorities should proceed on the basis of the total amount of fraud or loss.
If recoveries from other sources become possible subsequently, the orders of punishment already
passed should be reviewed.
In a case of loss caused to the Government, disciplinary proceedings need not be keptVerification of facts
69.
employee verify facts from the original records.
It is necessary and desirable that disciplinary authorities before initiating action againstIssue of chargesheet in Hindi
70.
charges he is called upon to explain. Since Hindi has become official language of the Union and
use of English language continues, the chargesheet may be served in English or Hindi. It is for
the delinquent to get the same translated into some other language for his own benefit.
It should as far as possible be ensured that the delinquent official understands fully the71.
medical grounds and it has been so recommended by the authorized medical practitioner. In
25
such case, the accused officer should also be allowed reasonable time for the submission of his
defence.
Disciplinary proceedings against an official should be kept pending if he is on leave onInspection of documents
72.
the stage of the formal enquiries. Any such request made thereafter can be refused. However, if
the accused official makes a request before he files a written statement during the enquiries for
inspection of statements of witnesses recorded in the course of a preliminary enquiry conducted
by the department or investigations made by police, it should be acceded to provided these
witnesses have been examined during the enquiries.
An accused officer should make a request for inspection of the relevant documents before73.
documents. Therefore, it should not ordinarily be necessary to supply copies of documents to the
accused officer. It would be sufficient if an accused official is allowed to inspect the relevant
documents. It should not also, normally be necessary to grant permission to the accused officer
to take photostat copies of certain documents. However, if the documents of which Photostat
copies are sought for, are vitally relevant to the case e.g. where the proof of the charge depends
upon the proof of the hand-writing of document, the authenticity of which is disputed, the
disciplinary authority should itself consider the question of making a Photostat copies thereof to
supply the same to the accused official.
Rule 14, of the CCS (CCA) Rules, 1965 does not provide for supply of copies of74.
not unlimited and it is open to the disciplinary authority to deny such access if, in its opinion,
such records are not relevant to the case or it is not desirable in the public interest to allow such
access. The power to refuse access to official records should, however, be sparingly exercised.
In a case where it is decided to refuse access to a particular document, reasons for refusal should
be cogent and substantial and should invariably be recorded in writing.
The right of access to official records by an accused official for submission of his defence is75.
authority by an officer appointed to hold a preliminary enquiry, to ascertain facts or by the police
after investigations are usually confidential and intended only to satisfy the competent authority
whether regular departmental enquiry or any other action is called for. Ordinarily, a reference to
what is contained in this report should not be made in the statement of allegations. It is not
accordingly necessary to give access to the accused official to these reports.
Reports submitted to Government or other competent authority including disciplinary76.
to be examined during the formal enquiries, should be allowed to be inspected by the accused
officer. It is not obligatory to allow inspection of statement of other witnesses.
The statements recorded during the preliminary enquiries of such witnesses as are proposed77.
disciplinary authority that it should give the accused official an opportunity to inspect the
relevant records provided no formal enquiry is considered necessary by the disciplinary
authority. If, however, an accused officer in such a case makes a request for permitting him to
inspect the relevant records to enable him to submit his defence, the disciplinary authority may
grant the necessary permission.
Rule 16 of the CCS (CCA) Rules, 1965 does not make it incumbent on the part of theEntitlement of T.A. and D.A. for attending Departmental enquiry
78.
without any allowance for halt on journeys or at the outstation, for the journeys undertaken by
him to the station where the official records are made available. The T.A. will be allowed from
the headquarters of the Government servant or from any other place where the suspended officer
An official on duty or leave or under suspension is entitled to T.A. as for journey on tour,has been permitted on his own request to reside but not exceeding what would be
admissible had the journey been undertaken from the headquarters of the Government
servant. The grant of T.A. will be subject to the following conditions:-
(i) the enquiry officer certifies that the official records to be consulted are relevant and
essential for the preparation of the defence statement;
(ii) The competent authority certifies that the original records could not be sent to the
headquarters station of the Government servant or the bulk of the documents ruled out
the possibility of copies being made out, and sent; and
(iii) the Head of office under whose administrative control the Government servant is,
certifies that the journey was performed with his approval.
If the officer is on duty or on leave, the periods spent in transit to and fro and the
minimum period of stay required at the place where official records are made available
for inspection, should be treated as duty or leave, as the case may be. If he is under
suspension, the transit period will be regulated in accordance with the orders passed by
the competent authority under F.R.54(1).
Cessation of proceedings on death
79.
offender. No disciplinary proceedings either under the Central Civil Service
(Classification, Control & Appeal) Rules, 1965 or under Article 351-A of the C.S.R. can,
therefore be continued under the death of the concerned officer.
Disciplinary proceedings come to an end immediately on the death of the allegedProsecution
80.
sent to the court after investigation and in which the offences are of bribery, corruption
or other criminal misconduct involving loss of substantial public funds. In such cases,
departmental action should not precede prosecution. In other cases, involving less
serious offences or involving malpractices of a departmental nature, only departmental
action should be taken and the question of prosecution should generally not arise.
NOTE I : A case involving of substantial funds would be a case in which the loss exceeds:
(1) Rs.2000 in respect of a departmental employee and
(2) The amount of security deposit in the case of an extra-departmental employee. In
respect of extra-departmental employee, even in cases involving loss not exceeding the
amount of security deposit, the discretion to waive prosecution shall be exercised only if
the loss has been made good and there are extenuating circumstances like length of
service to justify the exercise of the discretion.
NOTE II : As extra-departmental employees are not full-time Central Govt. employees,
their cases, when a prosecution seems possible and desirable, should be reported to the
local Police. If the loss is more than Rs.2000 and the case is of some importance, the
matter may be reported to the Central Bureau of Investigation immediately of the
offence is detected to facilitate successful investigation.
NOTE III : In all cases where prosecution has to be launched a report should be lodged
with the Police as soon as the case comes to notice and departmental enquiries should
not be held simultaneously with the Police enquiry except to the extent permitted by the
Police. The question of taking departmental action in such cases would arise either on
completion of police enquiries and other referring the case for departmental action, or
after completion of the court case. If however, it is desired to conduct departmentally
enquiries 27
simultaneously with police enquiries or to take departmental action wherever feasible
before the case is taken up for prosecution by the police, the matter should be decided
after consultation with the police authorities.
NOTE IV : In a case where prosecution is not to be launched, departmental action may
be taken. The question of advisability of reporting the case to the police for purposes of
prosecution if still considered necessary may be examined on the completion of
departmental enquiry. There will, however, be no objection to a report being lodged
immediately with the police as soon as departmental enquiries are complete, if the
nature of the case or other circumstances, viz. case of theft, highway robbery, attacks
on employees of the department, the advantages of an immediate house search, the
likelihood of the accused absconding etc. require the case to be reported immediately to
the police.
NOTE V : (i) In cases where there is difference of opinion between the police authorities
and the Divisional Officers as to the course of action to be taken the matter may be
referred to the Circle Officer which will settle it in consultation with the Inspector General
of Police.
(ii) Where the case is reported to the Special Police Establishment and in case of
difference of opinion, it is not possible to reach a settlement on the points of difference
after a local discussion either at the Divisional Officers level or at the Circle level, the
question could be referred to the Directorate for discussion with the C.B.I.
Prosecution should be the general rule in all those cases which are found fit to be81.
disciplinary proceedings, if any, initiated against him on the same facts of the case
should be kept in abeyance till the finalization of the criminal proceedings. Similarly, an
appeal filed against the penalty imposed in the departmental case should note be
disposed of, if in the meantime criminal proceedings on the same facts of the case have
been initiated.
ADVANCE CORRECTION SLIP No. 1 dated 16.01.1989 to P& T Manual Vol. III
( Communicated in DG Posts letter No. 15/70/87-Vig-III dated 16.01.1989)
(4
I. Substitute the following for Rule 80 and notes there under:
‘80’ Prosecution should be the general rule in all those cases which are found fit to be
sent to the court after investigation and in which the offences are bribery, corruption or
other criminal misconduct involving loss of substantial public funds. However, while
police enquiries are pending or criminal prosecution has been launched, there will be no
bar to initiating departmental disciplinary proceedings on the same and or similar
charges if the facts and circumstances of each case, the competent authority thinks it
necessary to do so.
2. In other cases, involving loss serious offences or involving malpractices of a
departmental nature, only departmental action should be taken and the question of
prosecution should generally not arise.
However if prosecution is still felt necessary, the case may be reported to the
police as soon as a decision is arrived at to this effect.
3. Cases involving loss of substantial public funds are where the loss is (i) Rs.5000 or
more in case of departmental employees; (ii) the amount of security deposit or more in
the case of Extra Departmental Agents.
4. Where the nature of the cases so warrant viz. cases of theft, dacoity, highway
robbery, attacks on employees of the Department, a report should be lodged with the
police immediately for taking effective action such as apprehending the culprit, searching
the premises etc.
II. Delete Rule 81.
(15-70/87-Vig-III)
Once a charge-sheet has been filed in the court against an employee, theth Edition – Report)82.
the same facts or allegations which have already been examined by a Court of
competent jurisdiction and the Court has given a finding that they are not true. If,
however, that Court has merely expressed a doubt as to the correctness of the
allegation, there may be no object to hold departmental enquiry on the same allegation,
if better proof than that was produced before the Court or was then available, is
forthcoming. If the Court has held that the allegations are proved but they do not
constitute the criminal offence with which the Government servant was charged, then
also it would be permissible to hold a departmental enquiry on the basis of the same
allegations.
It is not permissible to hold departmental enquiry in respect of a charge based on83.
with corruption guilty of that charge in case he is unable to satisfactorily account for
possession by himself or by any other persons on his behalf (e.g. dependents) of
pecuniary resources or property disproportionate to his known sources of income on the
analogy of the provision of Section 5(3) of the Prevention of Corruption Act, 1947.
In a departmental enquiry, it would be just and equipable to hold an officer charged84.
disproportionate to the income of a Government servant is referred to the Directorate, a
statement showing the details of income of the officer year by year should also be
forwarded.
When a case for initiating disciplinary action on the allegation of amassing wealthAppointment of Enquiry Officer
85.
appointed as enquiry officers in disciplinary proceedings. There is, however, no bar to
the immediate superior officer holding an enquiry. But the disciplinary authority should
satisfy itself that the person appointed to hold the enquiries is not suspected of any bias.
In the interest of justice and equity, it is desirable that only disinterested officers are28
86.
time of initiation of the disciplinary proceedings should be appointed as the Enquiry Officer. In
the interest of proper enquiry an officer of another Department or even a State Government can
be appointed as an Enquiry Officer especially in a case of disciplinary proceedings for lapses
committed while employed in that Department or State Govt.
It is obligatory that an officer of the Department to which an accused official belongs at the87.
appointed as the Presenting Officer or Enquiry Officer in that case.
An official who may have to appear as a witness in a disciplinary case should not beNomination of Assisting Government servant to the delinquent
88. (1)
assistance of any other Government servant to present the case on his behalf. No discretion in
this regard vests on the disciplinary authority. However, if for any compelling reasons it is not
practicable for the controlling authority of the Assisting Government servant to relieve him
without undue delay without serious detriment to the public interest to present the case of the
delinquent official he should inform the Enquiry Officer about it with reasons for being
communicated to the accused official and the Government servant nominated to assist the
accused well in time. In that case the accused official could choose any other Govt. servant to
assist him in the presentation of his case before the Enquiry Officer.
NOTE : Even though it is not necessary for the accused official to obtain the permission of any
authority for seeking the assistance of any other Government servant, it is necessary for
the latter to obtain the permission of his controlling authority to absent himself from
office in order to assist the former during the enquiry. To avoid delay in the grant of such
permission, the Enquiry Officer should take the initiative in the matter of informing the
controlling authority the name and other particulars of the Govt. servant who has been
chosen by the accused official to present his case. The Presenting Officer if any should
also intimate to the controlling authority of the assisting Govt. servant about the date,
time and venue of the enquiry. The Enquiry Officer should in any case ensure that an
intimation in this regard has been sent.
(2) Government have decided that Government servants involved in disciplinary proceedings
may also take the assistance of retired Government servants subject to the following conditions :
(i) The retired Government servant concerned should have retired from service under the
Central Government.
(ii) If the retired Government servant is also a legal practitioner, the restriction on engaging a
legal practitioner by a delinquent Government servant to present the case on his behalf,
contained in Rule 14(8) of the CCS (CCA) Rules, 1965 would apply.
(iii)For the purpose of T.A. and other expenses, the retired Government servant concerned
will be deemed to belong to the grade of Government servant to which he belonged
immediately before his retirement. The expenditure on account of traveling and other
expenses will be borne by the Department or office to which the delinquent Government
servant belongs.
Under Rule 14 (8) of the CCS(CCA) Rules, 1965, a Government servant may take theProduction of documents
89.
Officer by the disciplinary authority:-
29
(a) a copy of the articles of charge and the statement of the imputation of misconduct or
misbehaviour together with a list of documents by which and a list of witnesses by
whom, the articles of charges are proposed to be sustained;
(b) a copy of the written statement of defence, if any, submitted by the Government servant.
If any such defence has not been submitted, this fact should be communicated to the
Enquiry Officer;
(c) a copy of the statement of witnesses, if any, referred to in sub-rule (3) of Rule 14 of the
CCS (CCA) Rules, 1965;
(d) evidence proving the delivery of the documents referred to in sub-rule 3 ibid to the
Government servant;
(e) a copy of the order appointing the Presenting Officer and also a copy of the Memo,
intimating that the Government servant will take the assistance of a particular
Government servant for presenting his case.
In a disciplinary case, the following documents are required to be forwarded on the Enquiry90.
inspection by an accused officer, the following precautions should be taken :-
(i) the accused officer should be allowed inspection of records/ documents etc. only in the
presence of a responsible officer; and
(ii) the Enquiry Officer should take sufficient precautions to ensure that the
records/documents and other papers are not tampered with while the documents are under
his custody or during the course of actual enquiry. For this purpose, he should not leave
the enquiry room during the course of the enquiry and if at all he has to leave for
sometime, he should make appropriate arrangements for the safe custody of the
documents/ records.
With a view to avoiding the possibility of tampering with a document required forAppearing of Govt. servants as witnesses
91. (a)
another Government servant or against an employee of a Municipal Committee or other local
bodies. In case he fails to do so, it can be construed as a sufficient reason for initiating
disciplinary proceedings against him.
A Government servant cannot refuse to appear as a witness in any enquiry against91. (b)
Witness and Production of Documents) Act, 1972 (reproduced as annexure XV) to enable the
enquiry authority to:-
(i) summon and enforce the attendance of any witness and examine him on oath;
(ii) required the discovery and production of any document or other material which is
producible as evidence;
(iii) requisition any public record from any court of office.
This power can be exercised by the enquiring authority only when an allegation of lack of
integrity is being enquired into against a Government servant provided the enquiring authority is
authorized to exercise this power by the Central Govt. or by any other authority to whom this
power has been delegated. The competent authority will be required to issue a notification in the
Gazette of India in the form prescribed for this purpose. Every process issued by an authorized
enquiring authority for the attendance of any witness or for the production of any document shall
be served and executed through the District Judge within the local limits of whose jurisdiction
the witness or other person, on whom the process is to be served or executed, voluntarily resides
or carries on business or personally works for gain, and for the purpose of taking any action for
the disobedience of any such process, every such process shall be deemed to be a process issued
by the District Judge. The form prescribed for the issue of a notification authorizing the
enquiring authority in this regard is reproduced in Appendix XVI and the form prescribed for the
30
summons to witness is reproduced as Appendix XVII. The form for making a request to the
District Judge for serving of the summons on a witness is reproduced as Appendix XVIII.
The Govt. of India enacted the Department Enquiries (Enforcement of Attendance of91. (c)
the Central Government by Sub-Section (1) of Section (4) of the Departmental Enquiries
(Enforcement of Attendance of Witness and Production of Documents) Act, 1972 in relating to
the Government servant in General Central Service Grade “C” or Grade “D” against whom a
departmental enquiry may be held, and working under the concerned authority.
1. Secretary, Postal Board.
2. Postmaster General
3. Director, Postal Life Insurance.
The authorities named below have been authorized to exercise the powers conferred on91. (d)
every summon issued by it shall
(a) be in duplicate
(b) be signed by the officer constituting such authority
(c) be sealed with the seal of such officer or bear a stamp bearing his name and designation
(d) specify the date on, and the time and place at which the specified person summoned is
required to attend and also whether his attendance is required for the purpose of giving
evidence or to discover and produce a document or material, or for both the purposes, and
(e) be endorsed and signed by such authority by post to the District Judge within the local
limit of whose jurisdiction the specified person, on whom such summons are to be serviced,
actually and voluntarily resides or carries on business or personally works for gain for
service. To enable the District Judge to take cognizance of the summons, a copy of
notification issued under Section 4 of the act authorizing the inquiring authority to exercise
the powers specified in Section 5 of the Act may also be enclosed.
The enquiring authority should note that as provided in the Code of Civil Procedure,91.(e)
will continue to be secured in the usual manner. Where, in the case of a departmental enquiry,
the inquiring authority is satisfied that it is necessary to summon a person as a witness or to call
for a document from him and that the attendance of such a person as a witness or production of
such document may not otherwise be secured, it may, after recording the reasons for doing so,
make a reference to the competent authority, to, where there is no competent authority, to the
Postal Board seeking authorization under Section 4 of the Departmental Enquiries (Enforcement
of Attendance of Witness & Production of Documents) Act, 1972 to exercise the power specified
in Section 5 in relation to such person. The power to authorize an enquiring authority to exercise
the power specified in Section 5 of the Act ibid may be exercised by the Central Government/the
competent authority
departmental enquiry it is necessary so to do”.
The attendance of witness, and production of documents before a departmental enquirysuo moto also if it is of the “opinion that for the purposes of any92.
signed by the witnesses concerned, the accused officer and the Enquiry Officer so that the
validity of the documents is not questioned by any one at a later date.
Statement of witnesses recorded during the departmental enquiries, should normally be gotSupply of Copies of statement of witnesses to accused
93.
supplied to the delinquent officer before calling him to make his own statement if a specific
request to this effect is made by the delinquent officer before recording of oral statement starts.
Copies of oral statement of witness recorded by the Enquiry Officer should normally be94.
copy of the various pieces of oral or documentary evidence let in during the enquiry should be
supplied to the accused officer along with the show cause notice.
31
In an accused officer fails to turn up at the enquiry or refused to participate in the enquiry, aEntitlement of TA to witnesses
95. (a)
evidence in departmental enquiry by either the Government or the Government servant against
whom the enquiry is being held, shall be entitled to payment of traveling and other expenses as
in Appendix XII.
Every person whether he is a Central or State Govt. servant or not, who is called to give95.(b)
the enquiry is entitled to T.A. in accordance with the Govt. of India’s instructions below SR 190
for journeys in connection with the enquiry for the purpose of inspection of documents also.
The Government servant who is chosen by an accused official to present his case duringProcedure for consultation of Govt. Examiner of questioned documents
96.
Questioned Documents is laid in the rules reproduced in Appendix XIII.
The procedure to be followed for obtaining the opinion of the Government Examiner of97.
Deleted98.
DeletedCommunication of punishment order
99.
possible, communicate the orders under his own signature. In exceptional cases in which this
has not been possible, the successor has to communicate the decision as taken by his predecessor
without modification or alteration in any manner.
Ordinary, the officer who has recorded his findings in a disciplinary case should, as far asImposition of minor penalties after enquiry
100.
Appeal) Rules, 1965, cannot be closed by imposing one of the minor penalties after the
consideration of the defence submitted by the accused officer. It is obligatory to hold a formal
enquiry before coming to a decision about the quantum of penalty.
Proceedings initiated under Rule 14 of Central Civil Services (Classification, Control and101.
punishing authorities take into account extenuating circumstances such as shortage of forms,
bags, staff, accommodation etc.
For considering the gravity of the lapses on the part of an officer, it is desirable thatDate of effect of penalty
102.
to the officer after the issue of the punishment orders. It cannot affect the increment which was
due prior to the issue of the punishment orders even though it may not have actually been drawn
due to the officer being on leave or other administrative reasons.
The penalty of withholding of increment takes effect from the date of increment accruingReduction to the lower post or grade
103.
Rules, 1965, there is no objection to an officer being reduced as a measure of penalty to a post
lower than that in which he was initially recruited. However, in doing so, the disciplinary
authority should examine whether the reduction will have such an adverse effect as might make
it impossible for the punished officer to perform his duties with any degree of efficiency.
32
Under the provisions of the Central Civil Services (Classification, Control and Appeal)104.
time scale should invariably specify :-
(i) The period of reduction, unless the clear intention is that the reduction should be permanent
or for an indefinite period. In such a case, the order should be passed in the following
manner :-
“A is reduced to the lower post/grade/ service of X until until he is found fit by the
competent authority to be restored to the higher post/grade/ service of Y”.
OR
“A is reduced to the lower post/grade/ service of X until he is found fit, after a period of ___
years from the date of this orders, to be restored to the higher post of Y”.
(ii) whether the period of reduction is specified, whether, on expiry of the period the
Government servant is to be promoted automatically to the post from which he was
reduced; and
(iii) whether on such promotion, a Government servant will regain his original seniority in the
higher service, grade or post or higher time scale which had been assigned to him prior to
the imposition of the penalty.
In cases where the reduction is for a specified period and is not to operate to postpone future
increment, the seniority of the Government servant on re-promotion may, unless terms of the
orders of punishment provide otherwise, be fixed at what it would have been but for his
reduction. Where, however, the reduction is for specified period and is to operate to postpone
future increment, the seniority of the Government servant on re-promotion may, unless the terms
of the order of punishment provide otherwise, be fixed by giving credit for the period of service,
rendered by him in the higher service, grade or post or higher time scale. In cases where the
order of punishment does not specifically mention the points referred to in the previous
paragraph, the Government servant on whom the penalty of reduction for a specified period is
imposed, will on completion of such period, be promoted automatically and his seniority
determined in the following manner:-
(a) if the period of reduction is to operate to postpone future increment, the seniority of the
Government servant should be determined, on re-promotion, by giving credit for the
period of service rendered by him in the higher grade etc. prior to his reduction;
(b) if the period of reduction does not operate to postpone future increments, the Government
servant, on re-promotion, will regain his seniority as it existed before his reduction.
An order imposing the penalty of reduction to a lower service, grade or post or to a lower105.
authority should invariably specify that stage in terms of rupees to which the Government
servant is reduced so that there may not be any controversy about his entitlement to increment
during the period recution.
The penalty of reduction to the lower stage in the time scale cannot be ordered as a
permanent measure. It is obligatory to indicate the specified period for which the penalty should
remain operative and also whether on restoration, the penalty will have cumulative effect on
future increments as required under F.R.29.
While imposing the penalty of reduction to a lower stage in a time scale, the disciplinaryImposition of the penalty of recovery
106.
Government by negligence, or breach of orders of a Government servant, the penalty of recovery
can be imposed only when it is established that the Government servant was responsible for a
33
particular act or acts of negligence or breach of orders or rules and that negligence or breach
caused the loss.
In the case of proceedings relating to recovery of pecuniary losses caused to the107.
correctly assess in a realistic manner the contributory negligence on the part of an officer and
while determining any omission or lapses on the part of an officer, the bearing of such lapses on
the loss considered and the extenuating circumstances in which the duties were performed by the
officer shall be given due weight.
In a case of loss caused to the Government, the competent disciplinary authority should108.
the loss caused to the Department through his negligence should be 1/3
taken into account. In addition to the penalty of recovery, technically there is o bar to impose
any other statutory penalty if the circumstances of the case justify it. The punishing authority
should, however, bear in mind that when more than one penalty is imposed, one of which is
recovery of pay of the whole or a part of the loss caused to Government, the net cumulative
effect on the Government servant should not be of such severity so as to make impossible for
him to bear the strain.
The maximum amount which may be recovered from a delinquent officer on account ofrd of his pay should be109.
the recovery from pay should be effected in the normal course. If during the course of recovery,
the official retires from service and a balance is still outstanding for recovery, the amount so
outstanding cannot be adjusted against the gratuity without following the procedure laid down in
Art. 351-A C.S.Rs. In case where a Government servant is due to retire shortly and the amount
of loss caused by a Government servant cannot be recovered in full because of his impending
retirement, the final punishment order should not be passed and the case referred to the Dte. for
initiation of action under Article 351-A of C.S.Rs. along with the recorded of disciplinary
proceedings.
In the case of recovery of loss imposed on a Government servant as a measure of penalty,110.
pension of a Government servant should not ordinarily be made at a rate exceeding 1/3
gross pension ordinarily sanctioned including any amount which may have been commuted.
Recovery of part or the whole of a loss caused to the Government ordered from therd of the111.
punishing authority at any later stage if it is found that the amount of loss sustained by the
Government is less than that originally calculated. If, however, the loss is subsequently found to
be nil, the case has to be reviewed by the competent authority for imposing an appropriate
penalty. That authority will not, however, be competent to impose a penalty higher than that of
recovery.
The amount of recovery of loss ordered as measure of penalty can be reduced by thePunishment on conviction
112. Punishment orders can be straight away passed by the competent disciplinary
authority on the basis of conviction of an official on a criminal charge while in service. In case
the official had been convicted before he joined Government service, it would be necessary to
afford him adequate opportunity of defence.
113. A conviction under section 39(e) of the Army Act, 1950 should be treated as a
conviction on a criminal charge for the purpose of action under Rule 19 of the Central Civil
Service (Classification, Control and Appeal) Rules, 1965.
114. Binding down of Government servant for good behaviour under Section 110 or taking
security under Section 107 of the Criminal Procedure Code does not amount to conviction on a
34
criminal charge for the purpose of Rule 19(i) of the Central Civil Service (Classification, Control
and Appeal) Rules, 1965.
115. An official convicted on a criminal charge but released under the Probation of Offender’s
Act, 1958 can be punished under Rules 19(i) of the CCS (CCA) Rules, 1965.
116. On a case where a Government servant has been convicted in a court of law for an offence
which is such as to render his further retention in public service prima-facie undesirable, action
to dismiss, remove or compulsorily retire him from service shall not pend before the period for
filing an appeal has elapsed, or, if an appeal has been filed, before the appeal has been decided in
the first Court of law. In other cases also, i.e. where these extreme penalties are not warranted,
the disciplinary authority shall issue the punishment order immediately on receipt of a copy of
the judgement. Accordingly, if the UPSC is required to be consulted in regard to the quantum of
penalty to be imposed on a government servant in such a case, the advice should be sought for
immediately.
117. If on appeal, the conviction is set aside and the Government servant is acquitted, the
punishment orders based on the conviction which no longer stands become liable to be set aside.
As copy of the judgement of the higher Court should be immediately obtained and examined
with a view to deciding whether :-
(i) the acquittal should challenged in a still higher court; or
(ii) despite the acquittal, the facts and circumstances of the case are such as to call for a
departmental enquiry against the government servant on the basis of the allegations
on which he was previously convicted.
If it is decided to take the matter still to a higher court, action to institute proper
proceeding should be taken with the least possible delay and the punishment order should not be
set aside during the pendency of such proceedings. If on the other hand, it is decided that a
departmental enquiry should be held, a formal order should be made :-
(a) setting aside the punishment order; and
(b) ordering such departmental enquiry.
Such an order should also state that under rule 10(4) of the Central Civil Services
(Classification, Control and Appeal) Rules, 1965, the Government servant is deemed to be under
suspension with effect from the date of dismissal, removal or compulsory retirement.
In a case where neither of the courses mentioned above is followed, a formal order should be
made setting aside the previous order of dismissal or removal or compulsory retirement. The
period between the date of dismissal and the date on which he resumed duty should be dealt with
under F.R. 54. But in doing so, he should be deemed to be entitled to full pay and allowances
from the date of acquittal, and the period counted as duty for all purposes and from the date of
dismissal to the date of acquittal, he should not be allowed pay and allowance less than what
would have been admissible to him had he been under suspension.
Action on dismissal from Military Service
118.
not automatically constitute dismissal from the civil appointment. On his dismissal from the
military service, the officer will stand reverted to his civil department from the date of dismissed
and the competent authority should then consider the question of initiating disciplinary
35
proceedings against him. The question whether the officer should not be placed under
suspension simultaneously should be considered by that authority.
Dismissal from military service of a person holding a lien on a permanent civil post willDismissal
119.
servants:
(1) It should be remembered that a distinction exists between the removal or discharge, and the
dismissal of a public servant. Removal from office for such a cause as unfitness for the
duties of the office need not be usually entail any further consequences. It ought not to bar
re-appointment to another office for the duties of which the removed employee may be
suited, and it should not be accompanied by any subsidiary orders which would operate as
such a bar or otherwise prejudice the employee in question. Removal should be the penalty
in all cases where it is not thought necessary to bar future re-employment under
Government.
(2) In cases of dismissal, on the other hand, the effect of the order should ordinarily be to
preclude the dismissed employee from being re-employed. As a precaution against the
inadvertent re-employment of employees who may have been dismissed, it should be
ascertained whether an applicant for a post had been in Government service before, and his
previous employer referred to if the circumstances connected with his discharge are not
clear. The applicant should be required to produce a copy of his character book or other
record of service, and any one who succeeds in obtaining employment by the concealment
of his antecedents would obviously merit dismissal on the true facts being discovered.
(3) The dismissal of public servants should be notified in the Gazette only in the following
cases:-
(i) when it is necessary to notify the public of the removal from service of an officer,
whether because his appointment was previously gazetted or from any other cause, and
(ii) when it is specially desired to exclude from reemployment in the service of
Government a public servant who has been dismissed for a heinous offence (such as fraud
or falsification of accounts). Ordinary cases of dismissal of non-gazetted employees need
not be notified in the Government gazette but should be notified in departmental circulars.
(4) The reason for the dismissal of a public servant should not be stated in the notification
regarding his dismissal even in cases in which a conviction has been obtained in a criminal
Court. It will be sufficient to announce in the case of any employee, whose removal has to
be notified in accordance with the principal laid down in clause (3), that the Government
has dispensed with his services, except in those cases in which the cause of dismissal
constitutes a disqualification under the terms of the Law regulating the tenure of a
particular appointment, and it is for this reason necessary to couple with the announcement
of the dismissal a statement of the grounds upon which it has been ordered.
The following general principles should be observed with regard to dismissal of publicList of conviction & dismissals
120. In the beginning of each quarter, as soon as copies of all punishment registers have been
received from the officers concerned, the Head of a Circle should issue a circular furnishing a list
of employees who were dismissed or convicted during the preceding quarter. The list should
furnish information on the following points in respect of each employee entered in it :-
(1) Name, Caste and residence.
(2) Father’s name.
(3) Appointment last held.
36
(4) Nature of offence committed and, in case of conviction, the Section of the Law under
which the conviction was obtained.
(5) Punishment inflicted.
Other authorities directly subordinate to the Director General should also issue quarterly
a similar list in a general letter. The quarterly circular should also be got printed in regional
languages for circulation among the branch offices and the Extra Departmental staff.
NOTE: Particulars as mentioned in the above Rules in respect of persons dismissed/removed
should be furnished at the earliest opportunity by the competent authority to the Director
of Intelligence Bureau, New Delhi., the Deputy Inspector-General C.I.D of the State and
the Supdt. of Police of the District of which the person concerned is a permanent resident.
In the case of persons who are permanent residents of West Bengal, the Information
should be furnished to the Deputy Commissioner of Police, Special Branch, Calcutta if
they happen to be permanent residents of Calcutta and to the Deputy Inspector-General of
Police, C.I.D., West Bengal, Calcutta and the Supdt. of Police of the district concerned in
all other cases. The information is to be furnished to the Director, Intelligence Bureau,
New Delhi, also in case of such persons belonging to West Bengal.
Removal on Reduction of Establishment
121.
Government on the ground that his appointment is abolished on reduction of establishment. No
Government servant should be discharged for such a reason until the reduction of establishment
entailing the abolition of his post has been finally determined and has been actually ordered by a
competent Authority. The fact that prospective changes are under consideration, and likely to be
adopted, which will involve a reduction of establishment, should not be used to justify the
removal of an employee from his appointment.
Great care should be exercised with regard to removing an employee from the service ofAppeal and Review
122.
of the type specified in Rule 23 of the CCS (CCA) Rules, 1965, reproduced as Schedule 1-A of
this Manual. No appeal shall be entertained unless it is submitted with a period of 45 days from
the date on which a copy of the orders appealed against is delivered to the appellant :
Provided that the appellate authority may entertain an appeal after the expiry of the said
period if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time.
Note : An authority which made the order appealed against can withhold an appeal not
submitted within the prescribed limit if no cause is shown for the delay. If, however,
some cause is shown for the delay, it cannot withhold the appeal only on the ground of
delay and has to forward it to the appellate authority, as the discretion of being satisfied
with the grounds for non-submission of appeal in time and entertaining the belated appeal
vests in the appellate authority only.
An appeal is one which is preferred to the appropriate appellate authority against any order122-A.
obligatory nor is it necessary that copies of all the relevant documents should be supplied by the
appellant. Under the provisions of Rule 26 of the Central Civil Services (Classification, Control
and Appeal) Rules, 1965, the appellant shall present the appeal to the appellate authority, a copy
being provided to the punishing authority who will send all the relevant documents in original
along with the appeal to the appellate authority. Along with these original documents the
following documents should also be forwarded to the appellate authority :
(a) Confidential records and service book of the appellant;
37
(b) If the appeal or any of the documents accompanying it is in any regional language, an
English translation of the document should be appended.
An appeal of an official should as far as possible be self-contained but it is not122-B.
subordinate authority, instead of through the proper channel will be filed, no notice of any kind
being taken of it.
(2) In one class of case only can be exception be made to this rule. It occasionally happens that
an aggrieved official complaints that he can get no reply at all to an appeal submitted in the
proper manner. In such a case a remainder should be sent to the proper authority. If no reply is
still forthcoming, after a reasonable time has been allowed for it, this fact may be reported direct
to a higher authority, a copy being sent invariably through the official channel. If such a case as
this comes to the notice of the Director-General or the Head of a Circle, or any other authority
directly subordinate to the Director-General, his attention will be directed to the alleged failure
of the proper authority to deal with the case and to ensuring that regular system is worked
properly rather than to the merits of the case itself.
(1) Any appeal or a copy thereof which is sent direct to the Director-General or to any123.
of by the appellate authority. In the event of withdrawal of the appeal, the appellate authority
will not be debarred from reviewing the disciplinary case under its review powers.
An appeal preferred by an official can be withdrawn by him before it is actually disposed124.
only after the specified period for submission of an appeal is over but within the prescribed time
limit.
Under its review powers, the appellate authority is competent to review a disciplinary case125.
penalty imposed on an officer but a fresh show-cause-notice should be served on the accused
officer before passing such an order.
The appellate authority either on review or in consideration of an appeal can enhance theDe-novo proceedings
126.
case for de-novo trial, the original proceedings containing the chargesheet are to be deemed to be
quashed unless the stage from which the re-trial should be conducted is specified in the order. It
would be opened to the disciplinary authority to frame any other charge in addition to or in
substitution of the original chargesheet subject to the conduction that it is based on facts of the
case as initially disclosed for taking departmental action against the Government servant.
When on appeal, the appellate authority sets aside the punishment orders and remits the127.
under Rule 29 of the Central Civil Service (Classification, Control and Appeal) Rules, 1965, for
revising the penalty imposed on an employee, if such a revision is necessitated under some
peculiar circumstances as for example, in a case where the penalty of recovery is ordered but
subsequently it is found that no loss has been sustained by the Department.
The President or the Postal Board is competent to remit a case to the disciplinary authority128.
proceedings for non-compliance of Article 311 of the Constitution and remands the case back to
the appropriate authority for proper disposal in accordance with the rules.
Consultation with the U.P.S.C. is not necessary when the President sets aside disciplinary129.
aside for procedural defects, the punishment order will also simultaneously stand quashed. In
such a case, it should therefore, be necessary to initiate de-novo proceedings against the
concerned officer.
38
An appellate order replaces the punishment order, accordingly, if an appellate order is setReview by disciplinary authority not permissible
130.
orders require any revision or cancellation, the matter should be reported to the appellate or to
the competent reviewing authority. If however, the order is inoperative, e.g. with-holding of
increment of an official who was reached the maximum of his scale of pay, it can be revised by
the same punishing authority. It would also be within the competence of the punishing authority
to cancel punishment orders passed on an official as a result of his conviction in a court of law
when the conviction is set aside on appeal by the appellate authority. It cannot, however, itself
set aside its own orders even when it discovers any procedural irregularities.
It is not open to the punishing authority to cancel or revise its own orders. In case the131.
official under suspension pending investigation into alleged mis-conduct does not amount to any
direction in the matter of initiation or finalization of disciplinary proceedings against that
official. Accordingly, such higher authority will not be debarred from acting as an appellate
authority if it is the prescribed appellate authority.
The direction of a higher authority to the competent disciplinary authority for placing anMiscellaneous
132. Deleted.
133. Once disciplinary proceedings are initiated against an official, the proceedings cannot be
closed without sending an intimation to the effect to the accused official. Disciplinary
proceedings against an employee who has been dismissed or removed from service in another
disciplinary case will stand suspended. These proceedings can be revived, if and when the
official is reinstated in service on appeal.
134. Disciplinary powers have been delegated by designation to the officers of the circle and
administrative offices. It is desirable that in each grade, only one specified officer in one office
exercises these powers.
135. An official on whom the penalty of withholding of increment or reduction to a lower
service, grade or post, or to a lower time-scale or to a lower stage in a time-scale has been
imposed for a specified period, should not be transferred or posted to another service, grade or
post, on or after the date of orders imposing the penalty but before the date from which the
orders finally cease to be operative, if such a transfer or posting results in payment of basic pay
higher than that admissible to him in the existing service, grade or post consequent on the
punishment orders.
Proceedings after retirement
136.
proceedings under Art.351-A of C.S.R. after his retirement should be continued and concluded
under the provision of that rule. In such a case, the function of the disciplinary authority is only
to reach a finding on the charges and to submit a report recording its findings to the Govt. It is
then for the Govt. to consider the findings and take a final decision under Article 351-A of
C.S.R. In case Govt. decide to take action under the said rule in the light of the finds of the
disciplinary authority, the Govt. will serve the person concerned with a show-cause notice
specifying the action proposed to be taken under Article 351-A of C.S.Rs. and the person
concerned will be required to submit his reply to the show-cause notice within such time as may
be specified by the Govt. The Govt. will consider the reply and consult the Union Public Service
Commission. If as a result of such consideration in consultation with the Commission, it is
decided to pass an order under Article 351-A of CSRs., necessary orders will be issued in the
39
name of the President. This procedure will also apply to a case where the President functions as
the Disciplinary Authority.
Disciplinary proceedings initiated while an officer was in service should be deemed to be137.
Art.351-A of C.S.R. for the purpose of withholding or withdrawing a pension or any part of it
either permanently or for a specified period and also for ordering recovery from pension and or
D.C.R. gratuity of the whole or a part of any pecuniary loss sustained by the Government on
account of the negligence of the retired officer. Such orders can also be passed under that rule
and in the manner provided therein, if the pensioner is found guilty of grave mis-conduct or
negligence during the period of his service, including service rendered upon re-employment after
retirement. The standard forms prescribed are reproduced as Appendix XI-A & XI-B.
Disciplinary proceedings can be initiated against a retired officer in the manner provided in138.
where a departmental proceeding is continued under that rule, the retired officer should be
granted a provisional pension in accordance with the provision of Art.351-B, C.S.R.
Whether any departmental or judicial proceedings is initiated under Art.351-A C.S.R. orFilling up of post rendered vacant by punishment of the incumbent.
139. Under the provisions of the administrative instructions below FR.29-A, a permanent post
vacated by a Government servant reduced to a lower service grade or post or to a lower time
scale, should not be filled substantively, until the expiry of a period of one year from the date of
such reduction. Where on the expiry of the period of one year, the permanent post is filled and
the original incumbent of the post is reinstated thereafter, he should be accommodated against
any post which may be substantively vacant in the grade to which his previous substantive post
belonged. If there is no such vacant post, he should be accommodated against a supernumerary
post which should be created in this grade with proper sanction and with the stipulation that it
would be terminated on the occurrence of the first substantive vacancy in that grade.
140. Whenever necessary, a supernumerary post can be created in the lower
service/grade/time-scale etc. to provide a lien to a Government servant who has been reduced by
the competent authority, in case of non-availability of a permanent post in that
service/grade/time-scale etc. The higher post vacated by him should not, however, be filled
substantively or otherwise, so long as it is necessary to provide the reduced officer with a lien on
a supernumerary post in the lower service/grade/time-scale etc.
141. Absence of an employee from duty for more than 5 years at a stretch having been
restrained from performing his duties under Government orders, as for example, in a case of
removal or dismissal should not be treated as absence for the purpose of F.R. 68.
142. An appropriation of undisbursed pay or leave salary in respect of an official dismissed,
removed or compulsorily retired from service for adjustment against departmental losses without
observing the usual formalities for imposing the penalty of recovery is not admissible.
143. Extra-ordinary leave without medical certificate availed of by an employee results in
postponement of his increment by the period of such leave. If, however, extra-ordinary leave is
availed of during the currency of the period of withholding of increment with cumulative effect,
it will not result in further postponement of the date of increment by the period of such leave.
144. When the substantive pay of an official whose increment in the higher grade has been
withheld as a measure of penalty, is more than the officiating pay, he may be allowed, during the
currency of the penalty, his substantive pay as permissible by the note under F.R. 31.
40
Punishment Register
145. All officers including non-gazetted supervisory officers having disciplinary powers must
keep punishment registers in form App. 32 containing particulars of punishments imposed by
them and also by other authorities on employees under their respective control. The register
should show the names, designations and pay of the employees punished, the nature of their
offences, and the penalties imposed, as for example, dismissal, reduction to a lower post etc. the
punishment against each employee should be entered together, one after another when more than
one punishment is imposed on each employee.
146. (1) Particulars of all suspension should be entered in the punishment register separately
from the entries of punishments under a manuscript heading “Suspension”, the date of
suspension being shown in the column headed “Punishment awarded”. All pending cases of
suspension should be re-entered in red ink and the new cases occurring in any month entered
next in black ink. As soon as a case is disposed of, the manner of disposal should be shown
against the entry for that month and in the succeeding month it should be omitted.
(2) Warning is not a statutory penalty but since a warning issued as a result of disciplinary
proceedings can be reviewed by the appellate authority, it should also be included in the
punishment register.
(3) A copy of the register in form App. 32(a) showing particulars of the punishments inflicted in
the previous month and all pending cases of suspension should be forwarded on the 10
month to the immediate superior authority or to the appropriate appellate authority, if it is not the
immediate superior authority or to the appropriate appellate authority, if it is not the immediate
superior authority. In the latter case, a copy of the punishment register should also be sent to the
immediate superior authority for information.
(4) The appellate authority to whom the punishment register is sent should, on receipt, review it
without delay and if it considers that the original order of the appropriate punishing authority
requires revision either on the score of severity of the reverse or for any other reason, it should
immediately initiate action under Rule 29 of the CCS (CCA ) Rules, 1965. In case, however,
more than six months have elapsed from the date of the order to be reviewed, the question of
recommending a review by the P&T Board should be taken up through the respective Heads of
Circles and Administrative Offices.
147. Postmasters or other officers who are responsible for ensuring the implementation of
punishment orders relating to withholding of increment, reduction of pay etc. issued by the
Divisional Officer/Circle Office should be required to send an acknowledgement on receipt of
the punishment orders to the Divisional Officer/Circle Office. They should also be required to
confirm that appropriate entries have been made regarding the punishment in the relevant records
and registers.
148. A government servant who undertakes journeys during suspension for appearing in the
Court of Law as accused person and is later acquitted by the court and re-instated in service or
would have been re-instated in service but for death or he having attained the age of compulsory
retirement or being allowed to retire voluntarily, the traveling expenses incurred by him in
connection with such journeys may be reimbursed provided the legal expenses incurred by him
in defending such proceedings are reimbursed to him in full or in part under Art. 32 (3) (d) of the
Constitution.
41
th of eachForwarding of Petitions to Directorate
149.
with CR file, service book and copies of judgement etc. should be sent to the Directorate
while forwarding petitions against major penalties to the Directorate. The following
information should also be furnished in such cases :
(i) Designation of the authority which actually appointed the official concerned;
(ii) status of that authority along with scale of pay of the post which he held.
All connected records of disciplinary and appellate proceedings in original along150.
Deputy Minister, Minister of Prime Minister as distinct from those addressed to the President
need not be entertained and may be withheld by the lower authorities. Petitions addressed to the
President should be forwarded to the Directorate and cannot be withheld by any lower authority.
Petitions in respect of disciplinary matters addressed to the Government viz. to Secretary,151.
down that if any doubt arises regarding the interpretation of any provision of these rules, the
matter should be referred to the Directorate for a ruling. This rule is not, however, permit an
employee to seek clarification and interpretation of these rules from the President.
Rule 35 of the Central Civil Service (Classification, Control & Appeal) Rules, 1965 lays152.
specific permission of his immediate superior.
No employee of the Department is authorized to leave his station of posting without the153.
his immediate superior.
Note : Heads of offices may where possible grant permission to the Muslim employees who
observe a fast during the month of Ramzan to leave office at 4 P.M. by altering as far as
can conveniently be done, their hours of duty in administrative offices as well as in post,
telegraph and R.M.S. Offices.
During his term of duty, no employee may leave his duty or office without permission of154.
years.
The records of disciplinary and appellate proceedings should be retained for a period of 25155.
Appendix at the end of this Chapter.
The forms provided for use at different stages of disciplinary cases are reproduced asPromotion or confirmation during suspension or during pendency of enquiries
156. (1) An officer under suspension or whose conduct is under investigation should not be
considered for promotion in short term vacancies till the termination of suspension or conclusion
of the disciplinary proceedings.
(2) If an officer within the zone of selection for promotion to the higher grade or of
confirmation is under suspension or if his conduct is under investigation, his suitability for
promotion or confirmation should be assessed at the relevant time by the Departmental
Promotion Committee or other authority as the case may be, and the findings reached whether, if
the officer had not been under suspension or his conduct had not been under investigation, he
would have been recommended/selected for promotion or confirmation. Where a select list is
prepared, his position in the select list should also be recorded. The findings in this connection
should be kept in a sealed envelope superscribed “findings regarding merit and suitability for
promotion/confirmation in service/grade/post in respect of Shri ________________”, and “not to
be opened till after the termination of the suspension of/disciplinary proceedings against Shri
________________”. The proceedings of the Committee etc. need only contain the note “the
42
findings are contained in the attached envelope”. The authority competent to fill the vacancy
should be separately advised (i) to fill the vacancy only in an officiating capacity, where the
findings as to the suitability of the officer are for his promotion; and (ii) to reserve a permanent
vacancy, where such findings are for his confirmation.
(3) The vacancy that could have gone to the officer but for his suspension or the departmental
proceedings against him should be filled only on an officiating basis by the next person in the
approved list. If the officer concerned is completely exonerated and it is held that the suspension
was wholly unjustified, he should be promoted thereafter to the post filled on an officiating basis,
the arrangement made previously being reversed. Where, however, the post which could have
gone to the officer but for his suspension or the departmental proceedings against him ceased to
exist before conclusion of the departmental proceedings, he can be promoted only to the first
vacancy that may arise in future and if the officer concerned is found fit for promotion at that
time.
(4) On such promotion, the seniority of the officer should be fixed in accordance with his
position in the select list.
(5) On promotion the pay of such a government servant should be fixed by allowing the
intervening period during which the suspended officer could not be promoted due to his
suspension or due to the pendency of disciplinary proceedings to be counted for increments in
the higher grade but no arrears should be admissible.
(6) Where a minimum limit is prescribed for promotion to the next higher grade, the period
during which any officer junior to the suspended officer concerned was promoted to the higher
grade should be reckoned towards the minimum period of service referred to above for the
purpose of determining his eligibility for promotion to the higher grade.
If the officer concerned is not completely exonerated in the disciplinary proceedings, or if the
suspension is not found to be wholly unjustified, his case should be reviewed by the
Departmental Promotion Committee etc. for deciding his suitability for promotion or
confirmation taking into consideration the orders passed in the disciplinary case.
Promotion of an officer whose increments have been withheld or who has been reduced to a
lower stage in time scale.
157. An officer whose increments have been withheld or who has been reduced to a lower stage
in the time scale, cannot, on that account, be considered to be ineligible for promotion to a higher
grade, as the specific penalty of withholding of promotion has not been imposed on him. The
suitability of such an officer for promotion should, therefore, be assessed by the competent
authority as and when occasions arise for such assessment. On assessing his suitability, the
competent authority will take into account the circumstances leading to the imposition of the
penalty and decide whether, in the light of the general service record of the officer and the fact of
imposition of the penalty, he should be considered as suitable for promotion. Even where the
competent authority may consider, that, in spite of the penalty, the officer is suitable for
promotion, effect should not be given to such a finding and the officer should not be promoted
during the currency of the penalty.
A person who has been punished with stoppage of increment should not be considered for local
promotion during the currency of the punishment which will include the period from the date of
passing the order to the date on which his next increment which is to be postponed falls due.
43
A person whose pay has been reduced to a lower stage should not be considered for promotion
till the expiry of the period of punishment.
Resignation
158 (1). When a Government servant tenders resignation, the appointing authority in respect
of the service or post in question is the authority competent to accept the resignation. The
general rule is that resignation from service should be accepted, except in the circumstances
indicated below:-
(a) Where the officer concerned is engaged on work of importance and it would take
time to make alternative arrangements for filling the post, the resignation should
not be accepted straightaway but only when alternative arrangements for filling
the post have been made.
(b) When a Government servant who is under suspension, or whose conduct is under
investigation, or against whom there are departmental claims, submits his
resignation, the competent authority should examine, with reference to the merits
of the disciplinary case pending against the Government servant, whether it would
be in the public interest to accept the resignation. Normally resignations from
such officers should not be accepted. Exceptions to this rule would be where
there are no departmental claims and the alleged offence does not involve moral
turpitude or the quantum of evidence against the accused officer is not strong
enough to justify the assumption that if the departmental proceedings were
continued, the officer would be removed or dismissed from service, or where the
departmental proceedings are likely to be so protracted that it would be cheaper to
the public exchequer to accept the resignation.
(2) The competent authority should decide the date with effect from which the resignation
should become effective. In cases covered by (1)(a) above, the date should be that with effect
form which alternative arrangements can be made for filling the post. Where an officer is on
leave, the competent authority should accept the resignation with effect from the earliest possible
date, after taking necessary action under rules, and cancel the unexpired portion of leave, if any.
159. An authority receiving an application from an employee asking for permission to resign
should at once adjust all departmental claims outstanding against the applicant, and his
resignation should not be accepted until his accounts fully adjusted. Pending acceptance of his
resignation the applicant should be employed on such duty as he can perform without any charge
of public property, payments to him from a treasury or a post office, if any, being stopped at the
same time. On the accounts being fully adjusted, the competent authority will intimate the
acceptance of the resignation and the date from which the resignation should become effective.
160. Any official, who having sent in his resignation, quits his post before receiving intimation
of acceptance will be dealt with in accordance with the provisions contained in Rule 65 and legal
proceedings will be taken against him by the Head of the Office or the Circle, as the case may
be, in which he was last serving, if the Department has legal claims exceeding his undisbursed
pay or allowances. Resignation from an employee, who is on leave and who fails to completely
adjust his accounts should not be accepted and in case he quit his post on the expiry of his leave
originally granted, action should be taken against him in accordance with the provisions of Rule
65.
161. A resignation becomes effective when it is accepted and the officer is relieved of his
duties. Where a resignation has not become effective and the officer wishes to withdraw it, it is
open to the authority which accepted the resignation whether to permit the officer to withdraw
44
the resignation or to refuse the request for such withdrawal. Where, however, a resignation has
become effective and the officer is no longer in Government service, the request for withdrawal
of resignation should not be accepted, except with the sanction of the government of India.
162. Permission to avail of casual or/other leave should be taken in advance unless there are
compelling reasons of medical or other urgent nature. An applicant for leave is not allowed to
avail himself of it or to quit his office or his station until the leave is sanctioned and he has
formally made over charge to the officer appointed to relieve him. In cases where the absence of
an official is due to compelling reasons, he should send immediate intimation to the head of his
office by the quickest possible means and if the intimation has to be posted, it must be posted the
same day. He should also satisfy the head of the office as to the necessity of not taking
permission to absent himself from office in advance. In cases of severe illness where leave is
required for medical reasons and the official is not able to attend to his duties, he should send the
medical certificate in accordance with the procedure laid down in Rule 229 of the S.Rs. of the
P&T Compilation of the F.Rs. and S.Rs. along with the first intimation or later on during the
course of that day. The medical certificate should also definitely mention that date from which
the applicant is unwell and unable to attend to his duties. Failing the production of such a
certificate no pay can be granted to the applicant and he will be liable to be granted leave without
pay. Owing to the necessity for carrying on the work and injustice to the staff of the office on
whom the extra work due to unforeseen absences must fall, it is obligatory on every member of
the staff to report his non-attendance at once. In the case of an official on traffic or maintenance
duties the report should be made at least prior to the commencement of the term of duty for
which he is due and as much earlier as possible.
The Head of an office may permit an official to absent himself in anticipation of the sanction
after making such provisional arrangement for the discharge of the applicant’s duties as may be
necessary. A report of the case should, where necessary, be immediately forwarded to the officer
who is authorized to sanction the leave.
Attachment of pay by Courts of Law
163. Notices of orders attaching the pay and allowances of the officers of the Department
specified in column (1) of the schedule given below will be received from Civil courts by the
officers specified in Column (2) of the Schedule,
The Schedule
Sl.
No.
Officers whose salaries and/
or allowances are attached
Officers to whom notices shall be sent
1. All gazetted officers. The Pay and Accounts Officer who normally
disburses the salary and allowances of the
concerned Gazetted Officers.
2. All non-gazetted Officers. The Head of Office in which the non-gazetted
Officer is for time being employed.
164. The Head of the Circle or other authority specified in Rule 173 receiving a prohibitory
order either direct from the court should in the case of all employees other than the non-gazetted
officials employed in his office whose pay is drawn in the Establishment pay bill and in respect
of whom he is the disbursing officer, forward one copy of the order to the disbursing officer
responsible for the payment of the pay and allowances of the judgement – debtor, with a
forwarding letter, which should contain the following details relating to the attachment :
45
(1) Name and designation of the official whose salary has been attached;
(2) Total amount to be recovered;
(3) Amount of monthly installment;
(4) Civil suit No., and
(5) Name of plaintiff.
In the case of a judgement-debtor for whom a confidential record or character sheet is
maintained, a copy of this letter should be sent to the supervising officer responsible for the
maintenance of his confidential record or character-sheet in order to enable the officer to note the
attachment in the confidential record or character-sheet.
The duplicate copy of the prohibitory order duly acknowledged should in each case be returned
to the court concerned.
NOTE 1: The expression “disbursing officer” means :
In the case of the non-gazetted officers whose pay is drawn in Establishment pay
bills, (a) a Head of the Circle RDPS in respect of the officials employed in his office
(b) a Head Postmaster in respect of officials of the Post office; (c) a head record clerk
in respect of officials of the Railway Mail Service,
NOTE 2: Although rule 48 of Order XXI, Civil Procedure Code, imposes an obligation upon
the disbursing officer to remit to the court concerned the amount deducted under its
prohibitory order from the pay of a Government servant, it does not necessarily
follow that the remittance is to be made at Government expense. Accordingly the
proper procedure in such a case is to remit to the court the amount realized under the
attachment order less the remittance charges. The disbursing officer is not, however,
entitled to deduct from the salary any thing in excess of the amount specified in the
attachment order. The debtor will receive credit only for the net amount received by
the court after the remittance charges have been deducted and not for the whole
amount deducted from the pay.
NOTE 3: In the case of an attachment order received against any of the officers mentioned in
clauses (a) (b) of Article 249 of the Posts and Telegraphs Initial Account Code,
Volume I, the amount of the pay and allowances due to the officer should be drawn
by the disbursing officer by means of a cheque drawn on the treasury in his own
favour and payment made to the officer concerned in cash after deducting the amount
mentioned in the prohibitory order.
165. The Head of the Circle or other specified authority should maintain a register in which all
attachment orders received by him should be entered and through which the recoveries should be
watched. The register should show, in respect of each order, the name and designation of the
judgment-debtor, the name of the court which issued the attachment order and also the following
particulars :-
(1) No. and date of the court’s order.
(2) No. of suit.
(3) Name of plaintiff.]
(4) Amount of attachment order.
(5) Initials of the Head of the Circle, etc.
(6) Amount recovered each month.
(7) Date of recovery.
46
(8) Initials of the Head of the Circle, etc.
(9) No. and date of advice of remittance to court.
(10) Date of payment to court.
(11) Initials of the Head of the Circle, etc.
Columns (1) to (5) only should be filled up in respect of attachment orders received
against employees other than those non-gazetted officials employed in the office of the Head of
the Circle, whose pay is drawn in the Establishment pay bill at the time the attachment orders are
forwarded to the disbursing officers concerned, the remaining columns except column 8 (which
need not be filled up in such cases) being filled up on receipt of the monthly statements of
recoveries referred to in rule 169.
166. On receipt of an order attaching the pay or allowances of an employee, the disbursing
officer should enter it in a register through which the recoveries should be watched. The register
should show, in respect of each order, the particulars mentioned in the preceding rule except that
in place of the initials of the Head of the Circle, those of the disbursing officer should be entered.
167. If the employee whose pay has been attached is employed in a subordinate office or a
Rai9lway Mail Service section attached to it, the disbursing officer should at once furnish the
sub-postmaster or the record clerk concerned, as the case may be with an extract from the
attachment register together with instructions to make the necessary recoveries and to remit the
amounts recovered direct to the court concerned until the entire debt is liquidated. He should
also instruct the sub-postmaster or record clerk to furnish him every month with the information
necessary to fill in particulars in columns (6), (7), (9) and (10) in the register as soon as each
recovery has been made, and also with the court’s receipt when received.
168. In the event of an employee, whose pay is under attachment, being transferred to the
account jurisdiction of another disbursing officer, an extract from the attachment register
showing the balance of the claim remaining unrecovered should be sent at once to the latter
officer attached to the last pay certificate of the transferred employee, and an intimation of this
action should be sent to the Head of the Circle. The disbursing officer receiving the extract
should then make the necessary entries in the attachment register maintained in his office and
cause further recoveries to be made regularly until the entire outstanding has been liquidated. If
an attachment order against an employee is received after he has been transferred to the account
jurisdiction of another disbursing officer, it should be forwarded at once for necessary action to
the latter officer, this fact being intimated simultaneously to the Head of the Circle.
169. Every disbursing officer concerned should submit to the Head of the Circle, so as to reach
him not later than the 20
recoveries made during the preceding month. On receipt of this statement the particular
regarding the recoveries should be entered in the register maintained by the Head of the Circle.
170. Amounts recovered from the pay of judgement-debtors and paid into the courts concerned
should not be brought into the accounts, but should only be recorded in acquittance rolls or pay
bills in the case of gazetted officers and non-gazetted officers who prepare their own pay bills.
Receipts granted by courts for sums paid to them should be carefully filed with the attachment
register.
EXCEPTION – If the judgment-debtor does not sign the acquittance roll and willfully allows his
pay to remain un-disbursed of if, when the judgment-debtor is a gazetted or quasi-gazetted
officer, he does not prepare his pay bill land draw his pay regularly in order to evade payment on
account of the attachment order issued by a Court of Law, the disbursing officer or, in the case of
gazetted and quasi-gazetted officers, the Head of the Circle will be a liberty to draw the pay of
47
the judgment debtor in satisfaction of the attachment order subject to the restrictions in rule 64
and remit the amount to the court concerned. The amount of the pay drawn should be charged to
accounts, the particulars of the attachment order being cited in the acquittance roll or the pay bill,
as the case may be, as an authority for the charge and the court’s receipt for the amount should
be filed with the attachment register.
171. If an order of attachment against an employee is received before a previous order of
attachment against the same employee has been fully complied with, the former order should be
returned to the court by which it was issued with a statement showing :-
(1) Particulars of the existing attachment,
(2) Particulars of the amounts withheld and paid into the court concerned up to date,
and
(3) Amount remaining unrecovered.
When such action is taken by a disbursing officer, an intimation should be sent to the
Head of the Circle.
NOTE 1 : The Head of the Circle is responsible for compliance with attachment orders
issued against all employees employed in the Circle and should take steps to
ensure such orders being promptly and regularly carried out by the officials
concerned.
NOTE 2 : The disbursing officers are personally responsible for the prompt and complete
recovery of the amounts of attachment orders. Any amount not recovered by
these officials willfully or through neglect will be realized from them if recovery
from the judgment-debtor cannot be effected.
172. The extent to which the emoluments of a Government servant are exempt from attachment
for debt is laid down in Section 60 (1) of the Code of Civil Procedure, 1908, as amended by the
Code of Civil Procedure (Second Amendment) Act, 1937 and further modified by the
Government of India (Adaptation of India Laws) Order, 1937 and the Government of India
(Adaptation of India Laws) Supplementary Order 1937. The following is an extract of the
relevant provision of the Section :
(1) The following property is liable to attachment in execution of a decree.
Provided that the following particulars shall not be liable to such attachment namely :
(i) salary to the extent of the first four hundred rupees and two third the remainder; in
execution of any decree other than a decree for maintenance.
Provided that where such salary is the salary of a servant of railway company or local authority,
and the whole or any part of the portion of such salary liable to attachment has been under
attachment, whether continuously or intermittently for a total period of twenty-four months, such
portion shall be exempt from attachment until the expiry of a further period of twelve months
and, where such attachment has been made in execution of one and the same decree, shall be
finally exempt from attachment in execution of that decree;
(a) One third of the salary in execution of any decree for maintenance.
48
(1) any allowance forming part of the emoluments of any servant of the Government or any
servant of a railway company or local authority which the appropriate Government may by
notification in the Official Gazette declare to be exempt from attachment, and any subsistence
grant or allowance made to any such servant while under suspension;
EXPLANATION 2. – In clause (i), salary means the total monthly emoluments, excluding any
allowance declared exempt from attachment under the provisions of clause (1), derived by a
person fromk his employment whether on duty or on leave.
EXPLANATION 3. – In clause (1),”appropriate Government” means :-
(i) as respects any person in the service of Central Government*** the Central
Government;
(ii) as respects any other servant of the Government*** the State Government.
1. The maximum amount attachable by a Civil Court is calculated on the amount earned and
not on what remains after satisfying any debts due to Government on account of advances taken
under rule.
2. Subscriptions to funds recognized by Government, installments in re-payment of advances
from the General Provident Fund and recoveries of income-tax, deductions for which appear in
the pay bills should be excluded from the aggregate amount for the purpose of attachment by a
Civil Court.
NOTE 1 : The cost, if any, of remittance to a court of money realized under its attachment
order should be deducted from the amount realized and the net amount remitted to
the court.
NOTE 2 : Cases may occur in which the judgment-debtor does not sign the acquittance roll
and intentionally allows his pay to remain undisbursed; or the judgement-debtor,
being a gazetted officer, or not being a gazetted officer but being permitted to
draw his pay may refrain from preparing his pay bill and drawing his pay
regularly in order to evade payment on account of an attachment order issued by a
court of Law. In such circumstances the head of the officer or, in the case of a
gazetted officer or of an officer treated in this respect like a gazetted officer, the
Administrative Officer of the Department concerned may draw the pay of the
judgment-debtor in satisfaction of the attachment order subject to the prescribed
restrictions and remit the amount to the court concerned. The amount drawn
should be charged in the accounts, the particulars of the attachment order being
cited in the acquittance roll or the pay bill, as the case may be, as an authority for
the charge and the court’s receipts for the amount should be filed with the
attachment register.
NOTE 3 : The procedure laid down in this rule shall have effect only in respect of
proceedings arising out of suits instituted on or after the 1
NOTE 4 : In respect of attachment orders issued against the Posts and Telegraphs employees
at the Khasi and Jaintia Hills, the Naga Hills, the Lushai Hills, and the Chittagong
Hill Tracts, to which the amended Section 60 of the Civil Procedure Code has not
been extended, the special rules followed by the State Government concerned
relating to attachment of pay will apply, i.e. –
49
(a) Rule 34 of the Rules for the Administration of Justice and Police should be followed
in the Khasi and Jaintia Hills;
(b) Rule 62 of the Assam Financial Rules should be followed in the Naga Hills and the
Lushai Hills; and
(c) Rule 6 of the rules for the administration of Chittagong Hill Tracts should be
followed in the Chittagong Hill Tracts.
NOTE 5 : The following allowances payable to any public officer in the service of the Central
Government shall be exempt from attachment by order for a court namely :-
(1) All kinds of traveling allowances.
(2) All kinds of conveyance allowances.
(3) All allowances granted for meeting the cost of –
(a) uniforms, and
(b) rations.
(4) All allowances granted as compensation for higher cost of living in localities
considered by Government to be expensive localities including hill stations.
(5) All house-rent allowances.
(6) All allowances granted to provide relief against the increase in the cost of
living.
(7) A foreign allowance or in the case of heads of diplomatic Missions frais de
representation assigned to officers serving posts abroad.
(8) Children’s Education Allowance allowed under the office Memorandum
No.10 (1)-EST (Spl)/60 of the Govt. of India in the Ministry of Finance dated
30.6.62 as amended from time to time.
(9) All amounts paid by way of reimbursement of medical expenses.
173. The procedure prescribed in rules 163 and 164 does not apply to orders issued by
Presidency Small Cause Courts and Civil Courts of Indian States attaching the pay or allowances
of Government servants. Orders issued by these courts must be complied with by the officers to
whom they are addressed, provided that in the case orders from State credits, the officers
concerned are within the State.
NOTE : The official concerned should promptly report to the Head of the Circle the
receipt of every attachment order issued by Presidency Small Cause Courts and
Civil Courts of Indian States, Attachment orders received direct from other courts
should be returned at once for transmission through the proper authority.
50
th of each month, a monthly statement in form PA.32 showing allst June 1937.Confidential record of work and conduct of officers of the Department
174(1). A continuous record of the work and conduct and character of all whole time
Government servants of the Department, except those whose pay and allowances are treated as
contingent charge will be maintained confidentially in the following forms :-
(a) Officers of Junior Administrative Grade
Group ‘A’ & ‘B’ APP-54
(b) Non Gazetted Supervisory Staff (including those in Divisional
Office/Office of the Head of Circle/Office of RDPs) in the HSG,
LSG, Inspector, Asstt. Supdts., JAOs, Accountants, etc. in DO/
RMS. APP-11
(c) Other Non Gazetted staff employed in other offices including
Divisional Offices APP-9
(d) Group ‘D’ staff APP-10
Special forms have been prescribed for writing the reports on Medical Officers, Labour Officers
and some other categories of officers.
(2) The authorities which are required to write confidential reports in respect of the various
categories of officers in the Department and countersign or review them are indicated in Rule
Nos.175, 179, and 180 of this Manual. In respect of most of the gazetted cadres, countersigning
authorities have been prescribed but in consideration of certain practical difficulties, it has not
been found feasible in some cases to prescribe the counter signature of reports in respect of nongazetted
employed in the Divisional and Sub Divisional offices.
(3) The Annual Reports should be recorded within one month of the expiry of the report period
and delay in this regard on the part of the reporting officer should be adversely commented upon.
If the officer to be reported upon delays submission of self appraisal, this should be adversely
commented upon by reporting officer.
(4) Excepting a few categories of officers, confidential reports on most of the officers employed
in the Postal Department are to be written for each financial year. In respect of each of these
officers, a report should (in the first week of April of each year) be written in the appropriate
form by the prescribed reporting officer giving a brief opinion regarding the general work and
conduct of the officer concerned. When the reporting officer or the officer to be reported upon,
is transferred or deputed elsewhere for a period of more than three months, the reporting officer
should write a report indicating the period covered by it. The reporting officer should have at
least three months experience of the work and conduct of the officer reported upon before
writing or attempting to write an assessment of the work of an officer. A report must, however,
be written at the end of the year. If the period of observation happens to be less than three
months, this fact only need to indicate in the report. When an officer is transferred, he should to
write all the reports before relinquishing the charge. In any case, if this is not possible, the
adverse remarks should be communicated only by his successor, provided the report is not
required to be submitted to the next higher authority for countersignature. Wherever a separate
countersigning authority is prescribed, the report should be submitted to that authority for
communicating the adverse remarks.
51
NOTE 1 : On the transfer of the Reporting Officer or the officer to be reported upon, the
Reporting Officer should write a report, provided he had an opportunity to watch
the work and conduct of the officer for a period of more than three months, and if
not, should make an entry in the memo. Of services indicating the reasons for
which a report has not been written up by him. The memo. Of services and the
report, if written, should be passed on to the next reporting officer.
NOTE 2 : Where the reporting officer retires or otherwise demits office, he may be allowed
to give the reports on subordinates within a month of his retirement of demission
of office.
NOTE 3 : When a confidential report does not cover an earlier period during the year, the
reporting officer should, at the top of the report, mention the period of gap
indicating the reasons for which a report for that period has not been written.
(4) A confidential report should give full particulars of the official reporting upon such as his
designation and the office in which he works. Below the signature of the reporting and
countersigning officers, either their names and designations should be written in capital letters or
their rubber stamps should be affixed. C.R. files should be maintained in a book form, the
reports being placed one after the other in chronological order and pages being serially numbered
from top downwards. Relevant entries in the index of a C.R. file should be filled in immediately
after a report is written up.
(5) C.R. files should be handled like confidential documents. The officer concerned should
ensure that no room is given for complaints about and leakage of information. These files will
kept in the personal custody of the officers required to maintain them viz., either the reporting or
the countersigning authority, if any, unless some special arrangements have been made for their
maintenance centrally with one particular officer. The officer responsible for maintaining the
C.R. files should hand them to his successor in the office when he is transferred. Whenever, it is
necessary to send them by post, they must be closed in a confidential cover and registered.
Whenever an officer is transferred for more than three months, the file containing the
confidential reports on him should be forwarded direct to the officer by whom it has to be
maintained.
(6) C.R. file should not contain any extraneous paper other than punishment and appellate
orders and letters communicating the adverse remarks.
(7) Merit as reflected in the confidential reports is generally recognized as the main criterion for
deciding the cases of promotion to higher grades. It is, therefore, very important both in the
interest of efficiency of the service and also of the officers that the reports are written with the
greatest possible care so that the work conduct, character, and capabilities of the officers reported
upon can be accurately judged from the recorded opinion. Officers recording remarks must
realize the importance of these entries as their own competency will be judged partly from the
confidential remarks they record about officers working under them. With a view to enabling
them to make correct over-all assessment of the work and conduct of their subordinates, the
reporting officers are required to maintain memorandum of services in respect of each officer
employed under them. All instances of good and bad work coming to the notice of the reporting
officer should be promptly noted in the memo. of services. Impression formed by the officer at
the time of visits, inspections, interview etc. should also be included in that memorandum. This
memorandum should not be reduced to a black book by recording instances of only adverse
nature. Instances of good work should also be liberally recorded. The memoranda of service
should, invariably, be consulted at the time of writing of annual reports. In case, the reporting
officer is not the immediate superior of the officer to be reported upon, the immediate superior
52
should also maintain a memo. of services which should be consulted by the reporting officer at
the time of writing the report. The memo. of services in respect of an officer should be a
complete and continuous record of his service and accordingly, it should not be destroyed after
the annual report has been written. The entries in the memo. of services should be based on facts
and documentary evidence. The memo. of services making transfer, promotion or writing
special reports. For writing the annual report, only those entries in the memo. which pertain to
the year of the report should be taken into account. The entries in the memo. of services need
not necessarily be communicated. As the memo. of services is the sole basis for writing the
annual reports, the reporting officer at the time of submitting reports to the countersigning
authorities, if any, should make a specific mention in the forwarding letters that memoranda of
services have been maintained and consulted. With a view to checking up that these memoranda
are being properly and regularly maintained, the countersigning authorities may call for them and
check them up. The negligence on the part of the reporting officers in this regard should be duly
noticed.
(8) Confidential reports should, as a rule, give general appreciation of the character,
conduct and qualities of an officer reported upon and a reference to a specific incident should be
made, if at all, only by way of illustration to support adverse comments of a general nature, as
for example, inefficiency, delay, lack of initiative, judgment etc. specific incidents on the basis
of which penalties have been awarded in the course of departmental proceedings must, however,
be indicated. An entry relating to a penalty should be recorded in the report for the year in which
the punishment order is issued. In this entry, an indication may, however, be given about the
period to which the incidents leading to the disciplinary case relate. Warning even though not a
statutory penalty should be mentioned in the report is issued as a result of disciplinary
proceedings. If the reporting officer feels that although a specific incident is not important
enough to call for disciplinary proceedings, it is important enough to be specifically mentioned
in the confidential report, he should, before making such an entry, satisfy himself that his own
conclusion has been arrived at only after a reasonable opportunity has been given to the official
reported upon to present his case relating to that incident. The authority issuing a warning
should not normally be one lower than the reporting officer. Further, once investigation are
started into specific allegations, the case should not be closed by the issue of a warning without
the knowledge of the competent disciplinary authority. Unless so ordered by any higher
authority it would be in the discretion of the reporting officer either to record or not to record
such a warning.
(9) The general principles which are required to be observed by the reporting offices for writing
annual reports are indicated below:
(i) Remarks like “Doubtful character,” “complaints received about his taking
illegal gratification” are not permissible. Entries should be based on
established facts and not on mere suspicion.
(ii) No employee should be adversely affected by prejudicial reports recorded
without fullest consideration. At the same time, none should be rewarded
by excessively flattering reports which are not based on facts. With a
view to checking up such possibilities, the following procedure is
prescribed:
(a) The memo. of services should invariably be consulted at the time
of writing the annual report though the report itself should
necessarily be based on the employee’s performance during the
year as a whole;
53
(b) where an adverse remarks is recorded in respect of an official
having consistently good record, some details regarding the same
should invariably be given;
(c) the report should give a clear opinion on the main points like
character, integrity, industry, etc.
(d) there should be no hesitation on the part of the reporting officers to
record adverse remarks in justified cases;
(e) reporting officers should not be in a hurry to write all the reports
on one day.
(10) It is the duty of a reporting officer not only to make an objective assessment of the
work and qualities of his subordinate but also to give at all times the necessary guidance and
assistance to correct his faults and deficiencies. While recording adverse remarks, the reporting
officer should indicate the efforts made by him to get those defects removed. He should also
provide necessary training wherever possible. The annual report should be based on such
watchfulness and periodical inspections. Apart from comments on general qualities, such as
integrity, intelligence, industry, conduct, attitude to superiors and subordinates’ relation with
fellow employees, work aptitude, etc. of the officer reported upon, the report should also contain
a summing up in general terms of his good and bad qualities.
(11) Apart from the remarks in regard to work and conduct, in appropriate cases, suitable
entries may also be made on the following points :
(i) the fact that an officer has attended an approved course of study or training;
(ii) the report received from the head of such institution or its substance;
(iii) comments on the quality of the report submitted by an officer on return from
deputation or training abroad and whether he has made good use of his period of
study or training;
(iv) outstanding performances in the field of sports, athletics and art;
(v) suggestions which have been accepted and considered useful for achieving
economy and high standard of efficiency in administration;
(vi) whether there is any physical defect, such as bad eye sight;
(12) Adverse remarks whether they relate to remediable or irremediable defects should be
immediately communicated to the officer concerned by the countersigning authority when one is
prescribed and by the reporting officer in other cases. Only such of the adverse entries as are
accepted by the countersigning authority, if any, need be communicated. The countersigning
authority should, therefore, normally, indicate whether it agrees or disagrees with the remarks of
the reporting officer. It should also record additional remarks wherever necessary, if the report is
too brief, cryptic or vague. Along with the adverse entry, the substance of the entire report
including what may have been stated in praise of the officer should also be communicated. The
improvements made in respect of the defects mentioned in the earlier report should also be
communicated to the officer in a suitable form. A copy of the letter communicating the adverse
remarks duly acknowledged by the official concerned should be kept in the C.R. file and the fact
54
of communication of the entries should be recorded in the report itself by the authority
communicating them.
NOTE 1 : (1) Great attention should be paid to the manner and method of communication of
adverse remarks in order to ensure that the advice given and warning or censure
administered whether orally or in writing shall, having regard to the temperament
of the officer concerned, be most beneficial to him. The memo. forwarding the
adverse remarks to the officer reported should be couched in such a language that
it does not produce a sense of resentment in the officer reported upon and that it
makes it clear to him that the intention of communicating these defects to him is
that he should try to improve himself in respect of those defects.
(2) All adverse remarks in the confidential reports of Govt. servants, both on
performance as well as on basic qualities and potentials should be communicated
alongwith a mention of good points, within one month of recording. The
communication should be in writing and a record to that effect should be kept in
the C.R. dosier of the Govt. Servants concerned.
(3) Remarks about the physical defects of the officers noted in the confidential
reports need not be communicated. The grading of officers being done on the
basis of the general remarks in the report should not also be communicated, even
if it is a adverse.
(4) Remarks like “Not yet fit” or “Requires more experience for promotion” are
adverse and should be communicated.
For obvious reasons these remarks need, however, be recorded in the reports on
only those officers who have rendered the prescribed service limit for the purpose
of promotion to the higher grade.
(5) Adverse remarks which are not communicated may normally be ignored. If,
however, it is proposed to take them into account, the officer concerned must be
given full particulars to explain his position in the first instance.
(6) While communicating the adverse remarks, the identity of the officer making such
remarks should not be disclosed. In an appropriate case, the authority dealing
with the representation may, at his discretion, allow the identity to be
communicated.
13 (i). Representation against adverse remarks should be made through proper channel
within six weeks of the date of communication. However, the competent authority may, in its
discretion, entertain representations made beyond this time if there is satisfactory explanation for
the delay. All such representations against adverse entries should be decided expeditiously by
the competent authority.
(ii) Representation against adverse remarks will lie to the authority immediately superior to the
countersigning authority, if any or to the reporting officer. If the immediate superior authority
has already reviewed the confidential report in question and has also expressed his view either
agreeing or disagreeing with the adverse remarks recorded and accepted by the countersigning
authority, the representation should, in that event lie to the next higher authority.
(iii) The following procedure should be adopted in dealing with representations from the
employees against the adverse remarks communicated to them :-
55
(a) Only representations against adverse remarks (including reference to ‘warning’ or
communication of the displeasure of the Government or ‘reprimands’ which are
recorded on the confidential report of the govt. Servant) should be allowed within one
month of their communication. While communicating the adverse remarks to the
govt. Servants concerned, this time limit should be brought to his notice.
(b) All representations against adverse remarks should be decided expeditiously by the
competent authority and in any case, within three months from the date of submission
of the representation. Adverse remarks should not be deemed as operative, if any
representation filed within the prescribed limit is pending. If no representation is
made within the prescribed time, or once this has been finally disposed of there
would be no further bar to take notice of the adverse entries.
(c) representations against adverse remarks should be examined by the competent
authority in consultation, if necessary with the reporting officer and countersigning
authority, if any;
(d) if it is found that the remarks were justified and that the representation is frivolous, a
note may be made in the confidential report of the petitioner that he did not take the
correction in good spirit;
(e) if the competent authority feels that there is no sufficient ground for interference, the
representation should be rejected and the petitioner informed accordingly;
(f) if, however, it feels that the remarks should be toned down, it should make the
necessary entry separately with proper attestation at the appropriate place of the
report; the correction should not be made in the earlier entries themselves;
(g) in the rare event of the competent authority coming to the conclusion that the adverse
remarks was inspired by malice or was entirely incorrect or unfounded, and therefore
deserves expunction, it should order accordingly. Before, however, taking such an
action, it should bring it to the notice of the Head of the Circle or Telephone District
or other Administrative Office if it does not occupy that position and obtain his
concurrence.
(h) No memorial or appeal against the rejection of the representation should be allowed
six months after such rejection.
(14) When a representation against adverse remarks is wholly or partially upheld, the
particulars of the orders based thereon should be recorded in the report itself. If it is decided to
tone down the remarks, the competent authority may make the necessary entries at the
appropriate place, of the report under proper attestation, but the past entries should not be
corrected. If the remarks are ordered to be expunged, they should be effectively obliterated both
in the confidential report as well as in the copy of the letter communicating those remarks. A
copy of the order based on such a representation should not be kept in the C.R. File. Where a
penalty is set aside on an appeal or review, the copy of the punishment order should be removed
from the C.R. File as well as the adverse remarks recorded on the basis of the penalty expunged.
In a case where the penalty is modified by the appellate or reviewing authority, the entry in the
confidential report originally made on the basis of the penalty awarded should also be
immediately modified accordingly.
56
(15) Government generally, as a matter of policy, discourage the practice of granting letters of
appreciation or notes of commendation to Government servants and placing them in their C.R.
Files. Appreciation of work done should more appropriately be recorded in the confidential
report rather than in such letters of appreciation which do not vive a complete prospective the
employee’s good and bad points. The following procedure is, however, prescribed in this regard
:-
(i) letters of appreciation issued by the Government or a Secretary or Head of the
Department in respect of any outstandingly good work done should be kept along
with the memo. of the services of the official concerned.
(ii) letters of appreciation issued by special bodies or commissions or committees or
paragraphs of appreciation by name included in their reports, should also be kept with
the memo. of services and
(iii) letter of appreciation from an individual non-official or official other than a Secretary
or Head of Department may be kept in the C.R. file if it is confined to appreciation of
service rendered beyond the normal call of duty and if the head of the Department so
directs.
(16) C.R. file of an employee who is no longer in service should not be given to him.
There is, however, no objection to giving him an objective testimonial based on his work and
conduct.
(17) Confidential reports on employees should in no case be forwarded to private bodies. Gist
of reports may be supplied to public or semi-autonomous bodies controlled by the Government.
In the interest of public service, complete C.R. files also can be shown to them under the orders
of the Heads of Departments or the P&T Board in the case of gazetted officers.
(18) The file containing the confidential reports on an employee should be retained for a period
of 5 years after the resignation/discharge or retirement from service. In case of death, it should
be retained for a period of 2 years after the death.
Confidential Report
175. The officer indicated in Column 2 of the sub-joined table should, in the first week of April
of each year, submit for review and counter-signature to the authorities mentioned in Column 3,
confidential reports on the work and conduct of the officers of the classes mentioned in column 1
thereof or of any other officers in respect of whom annual reports are specially called for by the
Head of the Circle or any other appropriate authority provided they worked under them during
the year. (When the authority mentioned in Columns 2-3 is the same; the report is not required
to be reviewed and countersigned).
TABLE PERTAINING TO GAZETTED OFFICERS
Category of Officer Reporting Officer Reviewing &
Countersigning Authority
1 2 3
57
MAJOR CIRCLES
(1) P.M.G. D.G. D.G.
(2) Directors and Deputy
directors
P.M.G. Member (P)
3-A Director (IFA) P.M.G. Member (Finance)
3-B(i) C.A.O.(IFA) where no post
of Director as IFA exists
P.M.G. Member (Finance)
ii) C.A.O. where post of
director as IFA exists.
Director (IFA) P.M.G.
(4) Senior Superintendents and
Superintendents of Post
Offices and R.M.S. including
Assistant Post-Master-
General, Assistant Directors
and Circle Complaints
Officers.
Director P.M.G.
(5) Assistant Directors who
work as Personal Assistants
to Heads of circles.
P.M.G. P.M.G.
(6) Supdts., Postal Stores
Depots.
Director P.M.G.
(7) Director Vigilance P.M.G. D.D.G.(V)/D.G.
(8) Labour Officers, Welfare
Officers and other Class II
Officers (in the Circle
Office).
Director P.M.G.
(9) Presidency Postmasters. Director P.M.G.
(10) Postmaster, Group ‘B’ Senior Supdt. of Post
Offices
Director
(11) Postmasters, Class II in
Presidency Post Offices
Presidency
Postmaster
Director
(12) Gazetted Postmasters not
under the control of Senior
Supdt. of Post Offices
Director Postmaster General
(13) Supdt. Sorting
Dy. Supdt. P.Os/RMS
Senior Supdt.
Senior Supdt.
Director
Director
58
(14) Probationary Officers in the
I.P.S. Group ‘A’
Director P.M.G.
(15) Supdt. Circle Stamp Dept. Director P.M.G.
(16) Accounts Officers in Circle
Offices
Director P.M.G.
(17) Medical Officers P.M.G. Member (P)
(18) Assistant Engineer (Bldgs.)
and Assistant Engineer
(Minor Civil Works) in
Circles
Director (Postal) P.M.G.
Note – The reports will be written on the form used by the Postal/Civil Wing for such reports.
Items relating to technical work or abilities of the officers will be obtained from the concerned
Executive Engineers and incorporated in the CRs by the Reporting Officers on the basis of
entries made by the Executive Engineers in the memo of services of the concerned Assistant
Engineers.
MINOR CIRCLES
(1) Director Postal Services
1-A Chief Accounts Officer (IFA)
D.G.
D.P.S.
D.G.
Members (Finance)
(2) Senior Supdt. of Post Offices and
R.M.S. including Dy. Director Postal
Services.
D.P.S. Member, Postal Board
(3) Supdt. Of Post Offices and R.M.S. Director D.P.S./P.M.G.
(4) A.D.P.S. D.P.S. Member, Postal Board
(5) Postmaster, Group ‘B’ Senior Supdt. Director
(6) Postmasters, Delhi/New Delhi D.P.S. P.M.G.
(7) Dy. Postmaster in Delhi G.P.O. Postmaster, Delhi D.P.S.
(8) Officer of the Postmasters Service
Group ‘B’ in the New Delhi G.P.O.
Postmasters, N. Delhi D.P.S.
(9) Supdts. R.M.S. and sorting Senior Supdt. D.P.S.
(10) Welfare Officers D.P.S. Member, Postal Board
(11) Supdts. Postal Stock Depots Director P.M.G.
(12) Director Vigilance P.M.G. D.D.G.(V)
(13) Probationary Officers of the I.P.S.
Group ‘A’
D.P.S. Member, Postal Board
59
(14) A.Os in Circle Offices. Dy. Director Director
(15) Medical Officer D.P.S. Member (P) Postal Board
Note – The report of Asstt. Director PLI will be written in consultation with Director PLI in the Directorate.
T & D Circle
(1) Additional Chief Engineer D.G. D.G.
(2) Officers in the grade of Directors
2-A Chief Accounts Officer (IFA)
Additional Chief
Engineer
Adchen
Member Postal Board
Sr. Member (Finance)
(3) Senior Time Scale Officers of Group
‘A’ Services
Director Additional Chief Engineer
(4) Junior Time Scale Officers of Group
‘A’ Services and Officers of Group
‘B’ Services
Divisional Engineer
Telegraphs
Director
(5) Accounts Officers Director Additional Chief Engineer
Assistant Engineer (Bldgs.) and
Assistant Engineer (Minor Civil
Works) in Telephone districts
District Manager G.M.T.
Note – The reports will be written on the form used by the Postal Civil Wing for such Items relating to
technical work or abilities of the Officer will be obtained from the concerned Executive Engineers and
incorporated in the CRs by the Reporting Officers on the basis of entries made by the Executive Engineers
in the memo. Of services of the concerned Assistant Engineers.
1 2 3
POSTAL LIFE INSURANCE ORGANISATION
(1) Dy. Director Postal Life Insurance Director Postal Life
Insurance
Member, Postal Board
(2) Class II Officers in the Office of the
Dy. D.P.L.I.
Dy. D.P.L.I. D.P.L.I. Directorate
MAIL MOTOR ORGANISATION
(1) Managers D.P.S. P.M.G.
(2) Manager in Delhi Mail Motor D.P.S. Member (PO)
POSTAL TRAINING CENTRES
(1) Principal Director, (Training)
Directorate
D.D.G. (PE)
(Postal) Board
60
(2) All other officers Principal Director, (Training)
Directorate
POSTAL CIVIL WING
(1) Chief Engineer Member ‘P’ Board. Director General
(2) Superintending Engineer Chief Engineer Member, Postal Board
(3) Executive Engineer Superintending
Engineer
Chief Engineer
(4) Assistant Executive Engineer Executive Engineer Superintendent Engineer
(5) Assistant Engineer Executive Engineer -Do-
(6) Senior Architect Chief Engineer Member, Postal Board
(7) Architect Senior Architect Chief Engineer
(8) Deputy Architect Architect Senior Architect
(9) Assistant Architect Architect Senior Architect
(10) Accounts Officer working in Civil and
Electrical Divisions
Executive Engineer Superintending Engineer
Note:- While writing the Confidential Reports, the Reporting Officer should take into consideration the
remarks, if any, received by him from the Head of Circles and Telephone Districts regarding the
performance of the officers concerned. However, the D.P.S. Delhi, the D.P.T., JK and District Manager,
Telephone Ahmedabad, Bangalore, Hyderabad and Poona need not send their comments on the performance
of the Supdtg. Engineers and Senior Architects working in their jurisdiction.
176. The Head of Circle or Administrative Office directly under the Director General will, by the
end of April each year, send to the Directorate confidential reports on the work and conduct of
all Gazetted Officers who work under him during the year.
NOTE : officers who have officiated ruing the year for at least six months in any of the
appointments specified in rules 175 and 176 should also be reported on.
177. Confidential Reports of Group ‘A’ Officers will be submitted to Member concerned of
Postal Board while the Confidential Reports of Junior Administrative Grade Officers will be
submitted to the Secretary (C) and of the officers of Senior Administrative grade to the
Government of India each year. The Confidential Reports on Group ‘B’ Gazetted Officers will
be filled in the Directorate.
Special instructions regarding confidential reports on gazetted officers
178. (1) It is not necessary that the Inspecting Officer should write the confidential report on a
61
Divisional Officer. It should be written by the appropriate officer of the Circle Office, but he
should take into account the result of the inspection for that purpose. For writing the reports on
the Suptds. And Senior Suptds. Of R.M.S.Divisions, the reports about the technical work done
by them should be obtained from the Regional Directors and they should be given due
consideration in making the final assessment. Similarly for writing the reports on Assistant
Directors, PLI, the remarks of the DPLI of the Directorate should be obtained in the first
instance.
(2) Confidential reports on Group ‘B’ officers should be written in duplicate, one for the Circle
Office and the other for the Directorate.
(3) Confidential reports on Gazetted Officers should be forwarded to the Directorate only after
taking action for the communication of adverse remarks by the countersigning authorities.
179. Confidential records in for App-9 will be maintained in respect of all non-gazetted group
‘B’ and group ‘C’ employees working in offices of the Heads of Circles and in other
Administrative Offices directly subordinate to the Director General. Confidential records in for
App-II will be maintained in respect of all non-gazetted Group ‘C’ supervisory employees
working in Postal Offices including Divisional Offices/Office of Head Of Circle Office of DPS.
The officers who are required to maintain the confidential records, and the classes of officials in
respect of whom they are to be maintained are shown in the sub-joined table. Subject to the
Classification given in the table, the Head of Circle or Head of an Admn. Office, as the case may
be, will decide in the case of each office which officer will maintain the confidential records and
for whom. These reports will be countersigned by the officers mentioned in column 5 of the
table. In respect of certain categories prescribed, the reviewing authorities shown in column 6 of
the table while on inspection will scrutinise the confidential records thoroughly with a view to
ensuring that not only all instructions on the maintenance of confidential records have been
observed but also no apparent incorrect assessment has been made by the reporting officers.
They should sign at the bottom of the reports in token of having scrutinised them and clearly
indicate that they have done so in their capacity as reviewing officers. They will not, however, be
considered as the countersigning authorities and accordingly, will not be debarred from dealing
with representations from these officials for expunction of adverse remarks recorded in their
confidential reports. In other cases where no countersigning or reviewing authorities have been
prescribed, the inspecting officers who are immediately superior to the reporting officers while
on inspection should as usual inter-alia ensure that :
(a) Memos. Of services are being properly maintained and they are being consulted for writing
of reports.
(b) the adverse remarks recorded in the reports have been duly communicated to the officials
concerned and a note to that effect has been recorded on the reports themselves; and
(c) there are no extraneous papers (other than the duplicate copies of the letters)
communicating the adverse remarks and the punishment and appellate orders filed in the
Confidential Records.
The Inspecting Officers should make a note in the order book to the effect that the confidential
records have been examined.
TABLE PERTAINING TO NON-GAZETTED STAFF
Sl.
No.
Classes of Officials Offices where the
Officials are
Reporting
Officer
Reviewing
authority
Inspecting authority
62
employed
1 2 3 4 5 6
1. Office
Superintendent
In Circle Offices/
Administrative
Offices.
Director of
Postal
Services.
Head of the
Circle or
Administrative
Office.
2. Managers In R.L.Os. A.P.M.G. or
Asstt.
Director,
Postal
Services or
Director
Postal
Services
Incharge of
R.L.O.
Director of
Postal
Services or
Postmaster
General.
3. Junior Accountants (a) In offices of
A.O. S&W,
Training Centre,
Jabalpur and
Saharanpur,
Stores
Organisation,
Coaxial Cable
division, Agra,
T.R.A.Os,
Superintendents,
Postal Forms
Stores, Calcutta
and Nasik;
Supdt. Postal
Forms and Seals,
Aligarh and
Senior Electrical
Engineer,
Calcutta.
(b) In Savings
Bank Central
Organisation in
Head Post
Offices and in
Internal check
Organisation.
(a) Head of
Office or in
immediate
superior
gazetted
officer.
(b)Accounts
Officer
(b) D.P.S.
4. Senior Accounts (a) In the Office
of A.O.
(b) In Savings
(a) A.O.
(b) (b) D.P.S.
(a) Chief Accounts
Officer
63
Bank Central
Organisation in
Head Post
Offices and in
Internal Check
Organisation.
Accounts
Officer
5. Divisional
Accountant
In Engineering
Circle
6. Account clerk -do-
The
Confidential
Report of
their
employees
are kept by
the
Accountant
General
(Postal)
7. Instrument
Examiner
Office of the Sr.
Electrical
Engineer
8. Ministerial staff in
Administrative
Offices
(a) In Circle
Offices
(b) In the Office
of the Sr.
electrical
Engineer
(a)
Immediate
Superior
(b) Sr.
Electrical
Engineer,
Asstt.
Engineer
(a) Next
immediate
(b) Superior if
any
9. Ministerial Staff in
Postal Store Depot.
Postal Store
Depot
Supdt. in
charge
10. Selection Grade
Postal Store staff in
Postal Store Depot.
Depot.
Postal Store
Depot.
Supdt. in
charge
11. Ministerial staff in
R.L.Os.
R.L.Os.
In R.L.Os. Asstt.
Postmaster
General or
ADPS or
DPS in
charge of
R.L.O.
12. (a) Ministerial staff of
S.B. Control
Organisation of
Head Post Offices.
Head Post Office Accounts
Officer
ICO (SB)
Director of
Postal
Services.
64
NOTE :- The Divisional Supdt. controlling the Head Post Office will add his comments on the conduct and
discipline of the official after the report is recorded by the A.O. ICT, (SB), before it is countersigned by the
Director of Postal Services.
12. (b) Ministerial staff of
Internal Check
Organisation.
Internal check
Organisation
Accounts
Officer
(ICO (SB)
Director of
Postal
Services.
12. (c) Ministerial staff of
Pairing Uits
Pairing Unit Accounts
Officer
ICO (SB)
Director of
Postal
Services.
* In respect of the staff working in SBCOs in Gazetted Head Offices, the Senior Supdt. of Post Offices
who carries out the verification of account of the HOs will write the Confidential Reports. As far as the
GPOs and Presidency Post Offices directly under the control of the Circle Office, PMG will nominate
the Senior Supdt. of Post Offices who carries out the verification of the accounts as responsible for
writing the Confidential Reports of the Officials concerned.
13. Ministerial Staff in
Manager Mail Motor
Service.
Manager
13. (a) All categories of
Staff
Central Stamp
Counselling
Machine Unit of
Postal Mail
Motor Service
Delhi.
A.D.G.
(M.S.)
Postal
Directorate.
C.M.S. Postal
Directorate.
14. Ministerial Staff in a
foreign Post.
Foreign Post
Offices
Director or
Dy. Director
or Supdt.
15. Time scale Postal
Assistants acting as
Sub-postmaster and
other ministerial
staff in Post Offices
and RMS.
(a) In
Presidency Post
Offices
including Delhi
GPO
(b)(i)In First
Class Head Post
Offices.
(ii)In Town Sub
(a)
Presidency
Postmaster
including
Postmaster
in the grade
of
Presidency
Postmaster
or any
gazetted
officer
subordinate
to him.
(b)(i)Gazett
ed
Postmasters
(ii) Sr.
65
Post Offices and
Stations where
Presidency or
First Class Head
Post Offices
exist.
(c)In Postal
divisions.
(d) In the
Railway Mail
Service
Supdt./
Supdt. of
Post
Offices/
City Supdt.
Sr. Supdt./
S.P.Os.
(a)Supdt.
R.M.S./
(b) Supdt.
Sorting
Sr. Supdt.
R.M.S.
16. Inspectors of Post
Offices and R.M.S.
(including Office
supervisors to Supdt.
of Post Offices and
R.M.S.) and Asstt.
Supdts.
In Postal and
Railway Mail
Service
Divisions.
Sr. Supdt./
Supdt. of
Post Offices
and R.M.S.
Director
17. Ministerial Staff in
Circle Stores Depots
Circle Stores
Depots
Assistant
Engineer
18. Building Overseer In Circle
Offices
Dy.
Director/
A.D.T. (E)
Building.
19. Engine Drivers,
Carpenters; Motor
Drivers and allied
posts; Despatch
Riders;
Ferroprinters.
Post Offices;
Mail Motor
Services.
Officers not
below the
rank of
Supdt. or
Gazetted
Postmaster
or Manager
Mail Motor
Services T.
20. Branch Postmasters;
Overseers; Overseer
Postman; Head
sorting and Reader
Postman;
Departmental Stamp
Vendors and
Postmen.
(a) In
Presidency and
First Class Head
Post Offices
(b) In Head Post
Offices or Sub
Post Offices
under selection
grade officials
(a) Deputy
or Asstt.
Postmaster.
(b)
Postmasters
or Sub-
Postmasters
in selection
or grades.
66
(c) In other sub
Post Offices.
(c) I.P.Os
21. Village Postman Post Offices. I.P.Os.
22. Mail Guards R.M.S.
Divisions
Inspector
R.M.S.
23. Higher Selection
Grades and Lower
Selection Grade
Postmasters.
(a) In
Presidency Post
Offices.
(b) In Offices
under the charge
of Divisional
Supdt. or
gazetted
Postmasters.
(a) Gazetted
Postmaster.
(b) Division
Supdt./
Gazetted
Postmaster.
(a) Presidency
Postmaster
including
Postmaster in
the grade of
P.P.M.
D.P.S. Senior Supdt. of
Post Offices.
24. Compounders Staff
in Postal
Dispensaries.
In Postal
Dispensaries.
Doctor in
charge.
25. Machinemen/Pressm
en/
Compositors/Distrib
utors
In Departmental
Presses.
Immediate
superior
gazettedofficer.
26. Staff in Training
Centre
In Training
Centres.
Head of the
Training
Centre or
any
Gazetted
Officer
subordinate
to him.
Head of the
Training
Centre, if the
report has
been written
by an officer
subordinate to
him.
180. “Character-sheets in form App.10 will be maintained in respect of Group ‘D’ staff. The
report on a Group ‘D’ official should be written by the Head of the Office or any other official
not below the Lower Selection Grade under whom he is directly working.”
Granting of Certificates
181. Certificates of good service or laudatory letter letters to employees who are or have been
serving in the Department should not ordinarily be given. In really special cases such certificates
may be given to employees who have earned them by specially good work, but copies of the
certificates together with the reasons for granting them should be recorded in the office of the
officer by whom they are granted. These certificates may be entered at the end of the recipient’s
service book only with the consent of the Director-General.
182. When any employee leaves the Departments a certificate in the following form may be
67
given to him by the officer to whom he was directly subordinate i.e. any Gazetted Officer in
independent charge of a Circle, Division or Office, as the case may be :-
Certified that Mr…………………………………was employed in this Department as a
…………………………………………….from …………………to ……………………that he
leaves and that his conduct has been …………………
His personal description is as follows:-
1. Height …………….
2. Personal marks for identification……………………
………………………..(Designation)
………………………..(Signature)
183. No action should be taken on anonymous and pseudonymous complaints against
Government servants.
Complaints from and against departmental officials
184. Every complaint by or against any employee in the Department must be received and
enquired into by his superior officer, unless the complainant shall have been previously found
guilty of making groundless or vexatious charges.
Irregular additions in income
185. No employee in the Department may, in any circumstances, have a personal pecuniary
interest directly or indirectly in the construction of departmental building, or performance of any
departmental work, or in the manufacture, supply or sale of materials.
186. As the practice of allowing employees to receive fees and commissions would be
detrimental to the public service, no one in the service, of Govt. is allowed to receive fees or
commissions, except under the circumstances mentioned in rules 46 to 48 of the Fundamental
Rules and rules 11 and 12 of the supplementary Rules. Every employee in the service is bound
to report to his departmental superior every infringement of this rule which may come to his
knowledge.
187. No employee may act as an arbitrator in any case which is likely to come before him in any
shape by virtue of any executive post which he may be holding.
An employee called upon by a Court of Law to act on a Commission to give evidence on
technical matters may comply with the request, provided that case is not of such a nature as will
be likely to come before him in the course of his official duties and may accept such fees as are
fixed by the court.
188. The receipt, or acceptance of an officer, or the attempt to obtain, any consideration beyond
the legal remuneration by any employee in the Department, is punishable under Section 161 of
the Indian Penal Code.
189. The testing of lightning conductor and granting of certificates of efficiency in respect of the
same must never be undertaken by any member of the department without the Director General’s
prior sanction which will not ordinarily be given.
68
Employment of sons and relations of Govt. Servants in private Firms
190. Whenever any son/daughter or any dependent of a Group ‘A’ Officer in Postal Department
wishes to accept an employment with a private fir with which the officer has official dealings or
with any other important firm having official dealings with the Government (through proper
channel) by the officer concerned and Government’s permission should be obtained to such
employment. Where, however, the acceptance of such employment could not await
Government’s prior permission or the matter is otherwise considered urgent, a report should be
made to Government and the employment accepted provisionally subject to Government’s
permission.
Whenever a proposal arises for the award of a contract or exercise or patronage in favour of
any firm in which a son/daughter or a dependent of an officer concerned, is employed this fact
should be declared by the officer concerned and he should thereafter desist from dealing with the
case himself. In such circumstances, a recommendation should be made that the case should be
decided by an other officer of equivalent or superior standing.
Bidding at a sale or auction
191. No employee of the Department having any duties to perform in connection with any sale or
auction of Government property, shall either directly or indirectly, bid for, acquire or attempt to
acquire any interest in the property sold.
192. Deleted
Money transactions with subordinates and contractor
193. Private money transactions between officials of the Department, and specially between
superiors and inferiors are strictly forbidden. No officer or other person holding a responsible
charge is permitted to borrow money from any person who is or may be placed under his orders
or to request persons so placed to subscribe for any object in which he is interested. No member
of the Department is permitted to borrow or receive money from any contractor or dealer with
whom the Department has, or may have, dealings. When any such transaction on the part of an
official comes to the knowledge of his superior officer, the latter should report the case to the
Head of the Circle, who will exercise his discretion in disposing of the matter.
Insolvency and habitual indebtedness
194. The rules regarding insolvency and habitual indebtedness of Government servants are laid
down in Rule 17 of the Central Civil Services (Conduct) Rules, 1964.
195. A Government servant shall so manage his private affairs as to avoid habitual indebtedness
or insolvency. A Govt. servant who becomes the subject of a legal proceedings for insolvency
shall forthwith report the full facts to the Government.
196. The report referred to in Rule 195 should be submitted by the Government servant to his
immediate superior who should forward it through the normal channels to the authority
competent to remove or dismiss him from service. Except where such an authority requires
guidance or clarification from a higher authority it shall consider the report and pass appropriate
orders on it. If any penalty is to be imposed on the Government servant the procedure prescribed
in the Civil Services(Classification, Control and Appeal) Rules will have to be followed.
69
197. Cases where one-half of the remainder of salary after the first one hundred rupees of a
Government servant is consistently being attached for debt, or has been continuously under
attachment for more than two years, or is attached for a sum which under ordinary
circumstances, it will require more than two years to repay, have been declared by the
government of India to constitute such a state of indebtedness as to render it undesirable that the
debtor should be retained in public service In such cases it is the duty of the head of the office or
the authority immediately superior to the official concerned to obtain a full schedule of the
latter’s debts and to draw up a report dealing specially with the following points:-
(1) What proportion the debts bear to pay and to what extent they detract from the debtor’s
efficiency as a public servant.
(2) whether the debtor’s position is irretrievable, and
(3) whether it is desirable to retain him in the particular post he occupies or in any position
under Government.
198. The proceedings referred to in rules 195 and 197 should be submitted for orders of the
appropriate punishing authority through the usual official channel. In case the authority
immediately superior to the insolvent or indebted officers is himself the appropriate punishing
authority, the proceedings should be disposed of by him.
Issue of orders
199. No orders that are in any way likely to lead to dispute must ever be issued verbally; they
should always be in writing.
Publication of misleading information
200. Whenever any employee of the Department makes misleading or untrue statements relating
to the Department by publication in a newspaper, in a public speech or in any other manner, he
should at once be called upon by the officer under whom he is serving for an explanation. The
case should then be reported to the Head of the Circle, etc. who should order a thorough
investigation. A full report should be submitted to the Director General.
201. No employee may publish, without the previous sanction of superior authority, any
documents, papers, or information, of which he may have become possessed in his official
capacity. This rule applies equally to documents which are printed well as to those which are in
manuscript.
Attending committees, etc.
202. No departmental employee is to attend any station or the committee without reporting the
fact and sending a copy of the proceedings to the Head of the Circle or Administrative office or
the Director General, as the case may be.
203. It must be thoroughly understood that is the duty of the employee, when at a station where
he can receive instructions on any point necessary for the practical execution of his professional
duties, to seek that instruction himself.
Responsibility
204. Where owing to the negligence of a departmental employee or its agent including an extradepartmental
agent, or through the omission on his part to observe any rule as provided in the
70
different volumes of the Postal Manual, or other books like the Post Office Guide, the
Department, either by reason of the enquiry being impeded or frustrated, directly or indirectly or
for any other reason is put to a loss of Government money or property, or where the department
loses money by embezzlement or fraud of any of its employee, etc. any member of the staff or
any agent who by his negligence, default or disregard of the rules, has caused the loss or has
contributed to its occurrence, either by reason of the enquiry being impeded or frustrated directly
or indirectly or for any other reason, may be required to make good the loss either in whole or I
part as the competent authority may decide provided that there is a clear finding that (i) the
departmental employee/E.D. Agent is held responsible for a particular act or acts of negligence
and/or breach of orders or rules caused the loss or contributed to its occurrence by reason of
enquiry being impeded or frustrated directly or indirectly or for any other reason. Detailed
instructions for regulating the enforcement of such responsibility are given in rule 204-A.
NOTE : The Public Accountants Default Act (Xii OF 1850) provides an additional safeguard in
the case of such employees of the Department as are “public accountants” within the meaning of
that Act, Section 3 and 4 of which are reproduced below:-
"3. For the purpose of section 1 and 2 of this Act, the expression “public accountant” means
any person who as Official Assignee or Trustee, or as Sarbarahkar is entrusted with the receipt,
custody or control of any money or sureties for money or the management of any lands
belonging to any other person or persons, and for the purposes of section 4 and 5 of this Act the
expression shall also include any person who, by reason of any office held by him in service of
the Central Government or the Government of a Part A state is entrusted with the receipt,
custody or control of any moneys or securities for money, or the management of any land
belonging to such Government.
4. The person or persons at the head of the office to which any public accountant belongs may
proceed against any such public Accountant and his securities, for any loss or defalcation in his
accounts, as if the amount thereof were an arrear of land-revenue due to Government”.
Under Section 4 of the Act, the loss caused by the defalcation of a public accountant is therefore
recoverable from his and his sureties as an arrear of land-revenue.
204.- A. Instructions for regulating the enforcement of responsibility or losses.
1. The cardinal principle governing the assessment of responsibility is that every public
officer should exert the same vigilance in respect of public expenditure and public funds
generally as a person or ordinary prudence would exercise in respect of the expenditure and the
custody of his own money. While, therefore, the competent authority may, in special cases,
condone an officer’s honest errors of judgement involving financial loss, if the officer can show
that he has acted in good faith and done his best upto the limits of his ability and experience,
personal liability must be strictly enforced against all officers who are dishonest, careless or
negligence in the duties entrusted to them.
2. It is of the greatest importance to avoid delay in the investigation of any loss due to fraud,
negligence, financial irregularity, etc. Should the administrative authority required the assistance
of the Accountant-General in pursuing the investigation, he may call on that officer for all
vouchers and other documents that may be relevant to the investigation, and if the investigation
is complex and he needs the assistance of an expert audit officer to unravel it, he should apply
forthwith for that assistance to Government which will then negotiate which the Accountant-
General for the services of an investigating staff thereafter the administrative authority and the
audit authority will be personally responsible, within their respective spheres, for the expeditious
conduct of the enquiry.
71
3. In cases where loss is due to delinquencies of subordinate officials and where it appears
that this has been facilitated by laxity of supervision on the part of a superior officer, the latter
should also be called strictly to account and his personal liability in the matter carefully assessed.
4. The question of enforcing pecuniary liability should always be considered as well as the
question of other forms of disciplinary action. In deciding the degree of an officer’s pecuniary
liability, it will be necessary to look not only to the circumstances of the case but also to the
financial circumstances of the officers, since it should be recognised that the penalty should not
be such as to impair his future efficiency.
In particular, if the loss has occurred through fraud, every endeavour should be made to
recover the whole amount lost from the guilty persons, and if laxity of supervision has facilitated
the fraud, the supervising officer at fault may properly be penalised either directly be requiring
him to make good in money a sufficient proportion of the loss, or indirectly by reduction or
stoppage of his increments of pay.
It should always be considered whether the value of Government property or equipment lost,
damaged or destroyed by the carelessness of Individuals entrusted with their care (e.g. a
policeman’s rifle, a touring officer’s tent a factory motor lorry; an engineer’s instruments) should
not be recovered in full upto the limit of the Government servants capacity to pay.
5. Steps should be taken to ensure, as far as possible that a disciplinary case against a
Government servant in which he has been charged for any loss or irregularity is finalised before
his superannuation. In case, however, it cannot be finalised before that date, he should be
allowed to retire in the normal manner and the proceedings initiated against him completed in the
manner prescribed under Article 351-A C.S.R.
6. The fact that Government Servants who were guilty of frauds or irregularities have been
demobilised or have retired and have thus escaped punishment should not be made a justification
for absolving those who are also guilty but who still remain in service.
72
APPENDIX I
Standard Form of Chargesheet
(Rule 14 of the CCS (CCA)Rules,1965
No.
Government of India
Ministry/Department of____________
Dated &___________
MEMORANDUM
The @ President/undersigned proposes to hold an inquiry against Shri
___________________ under Rule 14 of the Central Civil Services (Classification,
Control & Appeal) Rules, 1965. The substance of the imputations of mis-conduct
or mis-behaviour in respect of which the inquiry is proposed to be held is set out
out in the enclosed statement or articles of charge (Annexure I). A statement of
the imputations of mis-conduct or mis-behaviour in support of each article of
charge is enclosed (Annexure II). A list of documents by which, and a list of
witnesses by whom the articles of charge are proposed to be sustained are also
enclosed (Annexure III) & (Annexure IV).
2. Shri_____________________is directed to submit within 10 days of the receipt
of this Memorandum a written statement of his defence and also to state whether
he desires to be heard in person.
3. He is informed that an inquiry will be held only in respect of those articles of charge as are not
admitted. He should, therefore specifically admit or deny each article of charge.
4. Shri_____________________is further informed that if he does not submit his
written statement of defence on or before the due date specified in para 2 above, or
not appear in person before the inquiring authority or otherwise fails or refuses in
comply with the provisions of Rule 14 of the C.C.S.(C.C.& A.) Rules 1965 or the
orders/directions issued in pursuance of the said Rule, the inquiring authority may
hold the inquiry against him exparte.
5. Attention of Shri_____________________is invited to Rule 20 of the Central
Civil Services (Conduct) Rules, 1964 under which no Government servant shall
bring or attempt to bring any political outside influence to bear upon any superior
authority to further his interests in respect of matters pertaining to his service under
the Government. If any representation is received on his behalf from another
person in respect of matters pertaining to his service under the Government. If any
73
representation is received on his behalf from another person in respect of any
matter dealt with in these proceedings, it will be presumed that Shri___________is
aware of such a representation and that has been made at his instance and action
will be taken against him for violation of Rule 20 of the CCS (Conduct)
Rules,1964.
6. The receipt of this Memorandum may be acknowledged.
7. *(By order and in the name of the President.)
( )
Name and designation of Competent Authority
(The officer in the appropriate Ministry/Department authorized under Article 77 (2) of the
Constitution to authenticate on behalf of the President, or the disciplinary authority, as the case
may be.)
To
Shri______________________________
ANNEXURE I
Statements of articles of charge framed against Shri _______________________
(name and designation of the Government servant)______________
Article I
That the said Shri _______________________ While functioning as _______________During
the period__________________
Article II
That during the aforesaid and While functioning in the aforesaid office, the said Shri
_______________________
Article III
That during the aforesaid period and While functioning in the aforesaid office, the said Shri
_______________________
ANNEXURE II
74
Statement of imputations of mis-conduct or mis-behaviour in support of the articles of charge
framed against Shri _______________________ (Name and designation of the Government
servant)______________
ANNEXURE III
List of documents by which the article of charge framed against Shri
_______________________ (name and designation of the Government
servant)______________are proposed to be sustained:-
ANNEXURE IV
List of witnesses by whom the articles of charge framed against Shri
_______________________ (name and designation of the Govt. servant)______________ are
proposed to be sustained.
75
APPENDIX II
Standard Form of Memorandum of Charge for Imposing Minor Penalties
(Rule 16 of the CCS (CCA)Rules,1965
No.
Government of India
Ministry/Department of
____________Dated ___________
MEMORANDUM
Shri _______________________ (Designation)________________(office in which
working)_______is hereby informed that it is proposed to take action against him under Rule 16
of the CCS (CCA)Rules,1965. A statement of the imputations of the imputations of mis-conduct
or mis-behaviour on which action is proposed to be taken as mentioned above, is enclosed.
2. Shri _______________________ is hereby given an opportunity to make such representation
as he may wish to make against the proposal.
3. If Shri _______________________ fails to submit his representation within 10 days of the
receipt of this Memorandum, it will be presumed that he has no representation to make and
orders will be liable to be passed against Shri _______________________ ex-parte.
4.The receipt of this Memorandum should be acknowledged by Shri_____________________
*(By order and in the name of the President.)
( )
Name and designation of Competent Authority
(The officer in the appropriate Ministry/Department authorized under Article 77 (2) of the
Constitution to authenticate on behalf of the President, or the disciplinary authority, as the case
may be.)
To
Shri _______________________
76
APPENDIX III
Standard Form of Order for taking Disciplinary Action in Common Proceedings
(Rule 18 of the CCS (CCA)Rules,1965)
No.
Government of India
Ministry/Department of
____________Dated ___________
ORDER
Name of Govt.Servants
Whereas the Govt.Servants specified in the margin are jointly concerned in a disciplinary
case.
* Now, therefore, in exercise of the powers conferred by sub-rules (1) and (2) of Rule 18 of the
Central Civil Services (CCA)Rules,1965, the President/the undersigned hereby directs:
(1) that disciplinary action against all the said Govt.Servants shall be taken in a common
proceeding.
&(2) that (name & designation of the authority) shall function as the Disciplinary Authority for
the purpose of the common proceedings and shall be competent to impose the following
penalties, namely:-
* The authority competent to impose the penalty of dismissal from service on all such government
servants or if they are different, the highest of such authorities with the consent of others. See Rule 18 (i)
and see rule 18 (2) (i).
@(HERE SPECIFY THE PENALTIES)
& (3) that the procedure prescribed in rule 14 & 15/rule 16 shall be followed in the said
proceedings.
@ (Score out the portion not applicable).
**(By order and in the name of the President.)
Signature:
Name and designation of Competent Authority (Rule 18 (i))
(The officer in the appropriate Ministry/Department authorized under Article 77 (2) of the
Constitution to authenticate on behalf of the President, or other competent authority under rule
18 (i))
Copy to:-
1. Shri __________( Name and designation)
2. Shri _____________ (Name and designation)
3. Shri ___________ (Name and designation
77
APPENDIX IV-A
Standard Form of order relating to appointment of inquiry Officer/Board of Inquiry (Rule 14 (2)
of CCS (CC&A) Rules, 1965.
No.
Government of India
Ministry of_________
(Place of issue)_______
Dated ___________
ORDER
Whereas an inquiry under Rule 14 of the Central Civil Services (Classification, Control &
Appeal) Rules, 1965, is being held against_______________________(Name and designation of
the Government servant.)
AND WHREAS the President/the undersigned considers that a Board of Inquiry/ an Inquiry
Officer should be appointed to inquire into the charges framed against him.
NOW, therefore the President/the undersigned in exercise of the powers conferred by sub-rule
(2) of the said rule, hereby appoints a Board of Inquiry consists of :
1. Here enter names and designation
2. of Member of the Board of Inquiry
3.
OR
Shri _______________________ (name and designation of the Inquiry Officer) as Inquiry
Officer to inquire into the charges framed against the said Shri ______________________
*(By order and in the name of the President.) signature
( )
Name and designation of Competent Authority
Copy to:-
(Name and designation Government servant)
(Name and designation of Members of the Board of Inquiry Officer)
(Name and designation of the lending authority) for information.__
78
Note: To be used wherever applicable _____not to be inserted in the copy sent to the
Government servant.
In cases where the order is expressed to be made in the name of the President.
79
APPENDIX IV-B
Standard Form of order relating to the appointment of Presenting Officer (Rule 14 (5) of CCS
(CCA) Rules, 1965.
No.
Government of India
Ministry of_________
(Place of issue)_______Dated ___________
ORDER
Whereas an inquiry under Rule 14 of the CCS (CCA) Rules, 1965, is being held
against_______________________ (Name and designation of the Government servant.)
AND WHREAS the President/the undersigned considers it necessary to nominate a person to
present the case in support of before the Inquiring authority.
NOW, THEREFORE the President/the undersigned in exercise of the powers conferred by subrule
(5)(c) of the said rules, hereby nominates______________________ (name & designation of
the presenting officer) to present the case in support of the charges.
*(By order and in the name of the President.)
Signature
Designation of Competent Authority
Copy to:-
1. Name and designation of the Government servant.
2. Name and designation of the Presenting Officer.
3. Name and designation of the Inquiry Officer._________________
*In case where the order is expressed to be made in the name of the President.
APPENDIX VI
PUNISHMENT ORDERS UNDER RULE 19 OF THE CCS (CCA) RULES, 1965
WHEREAS Shri________________(here enter names and designation of the Government
servant) has been convicted on a criminal charge, to wit, under
section____________________(here enter the section or the sections under which the
Government servant was convicted).
AND WHREAS it is considered that the conduct of the said Shri_________(here enter names
and designation of the Government servant) which has led to his conviction is such as to render
his further retention in the public service undesirable.
80
NOW THEREFORE, President/the undersigned hereby dismisses/removes the said
Shri__________(here enter name and designation of the Government servant) from service with
effect from_______________(here enter the date of the dismissal or removal).
Station:
Date:
DISCIPLINARY AUTHORITY
APPENDIX VII
STANDARD FORM FOR SETTING ASIDE THE ORDER OF DISMISSAL/REMOVAL
CONSEQUENT ON ACQUITTAL BY COURTS
WHEREAS SHRI____________(here enter name and designation of the Government
Servant) was dismissed/removed from service with effect from the ____________(here enter the
date of dismissal/removal) date of ________19____________on the ground of conduct which
led to his conviction on a criminal charge;
AND WHEREAS the said conviction has been set aside by a competent court of law and the
said shri____________(here enter name and designation of the Government Servant) has been
acquitted of the said charge;
NOW, THEREFORE, the President/undersigned hereby sets aside the order of
dismissal/removal from service.
Station:
Date:
DISCIPLINARY AUTHORITY
APPENDIX VIII-A
STANDARD FORM OF ORDER OF SUSPENSION RULE 10(1) OF THE CCS (CCA)
RULES, 1965
NO.
Government of India
Ministry of ___________
(Place of issue) _________dated ________
ORDER
81
WHEREAS a disciplinary proceedings against Shri __________(Name and designation of the
Government servant)is contemplated/pending).
OR
Whereas a case against Shri_______________(name and designation of the Government servant
in respect of a criminal offence is under investiagion/inquiry/trial.
Now therefore, President/the undersigned (the appointing authority or any authority to which it is
subordinate or any other authority empowered by the President in that behalf), in exercise of the
powers conferred by the sub-rule (1) of Rule 10 of the Central Civil Services (Classification,
Control & Appeal) Rules, 1965, hereby places the said Shri___________under suspension with
immediate effect.
It is further ordered that during the period that this order shall remain in force the headquarters
of Shri___________ (name and designation of the Government servant) shall
be______________(name of the place) and the said Shri___________ shall not leave the
headquarters without obtaining the previous permission of the undersigned.
*(By order and in the name of the President.)
Signature:
Name and designation of the suspending authority.
Where the order is expressed to be made in the name of the President.
(The officer in the appropriate Ministry/Department authorized under article 77 (2) of the
Constitution to authenticate orders on behalf of the President or the other competent officer
passing the order).
Copy to Shri___________(name and designation of the suspending officer). Orders
regarding subsistence allowance admissible to him During the period of his suspension will be
issued separately.
2. Copy to Shri___________ (name and designation of the Appointing authority) for
information.
3. Copy to Shri___________ (name and designation of the lending authority) for information.
4. The circumstances in which the order of suspension was made are as follows:-
(Here give details of the case and reasons for suspension)
NOTE: Paras 2 to 4 should NOT be inserted in the copy of the order of suspension sent to the
Officer to be suspended.
APPENDIX VIII-B
FORM OF ORDER OF SUSPENSION (RULE 10(2) OF CCS (CCA) RULES, 1965
NO.
Governmnet of India
82
Ministry of _____________
(Place of issue)_______________dated_______________
ORDER
WHEREAS a case against Shri ______________(name and designation of the Government
servant) in respect of a criminal offence is under investigation.
And whereas the said Shri__________ was detained in custody on _____________________ for
a period exceeding forty eight hours.
Now therefore, the said Shri ___________is deemed to have been suspended with effect from
the date of detention, i.e., the _________in terms of sub-rule (2) of rule 10 of the Central Civil
Services (Classification, Control & Appeal) Rules, 1965, and shall remain under suspension until
further orders.
Designation of the Suspending Authority
APPENDIX IX
STANDARD FORM Of ORDER
FOR REVOCATION OF SUSPENSION ORDER
(Rule 10(5) (c) of the CCS (CCA)Rules,1965)
No.
Government of India
Ministry of____________
(Place of issue)____________Dated
ORDER
Whereas an order placing Shri ___________ (name and designation of the Government servant)
under suspension was made/ was deemed to have been made by ________on___________,
Now, therefore, the President/the undersigned (the authority which made or is deemed to have
made the order of suspension or any authority to which that authority is subordinate) in exercise
of the powers conferred by clause (c) of sub-rule (5) of Rule 10 of the Central Civil Services
(Classification, Control & Appeal) Rules, 1965, hereby revokes the said order of suspension with
immediate effect.
*(By order and in the name of the President.)
Signature:
Name and designation of the authority making this order.
1. Copy to Shri________________(name and designation of the suspended officer)
83
*To be signed by an officer in the appropriate Ministry/Department authorized under article 77
(2) of the Constitution to authenticate orders on behalf of the President if the order is expressed
to be made in the name of the President.
2. Copy to Shri___________ (name and designation of the Appointing authority for
information).
3. Copy to Shri___________ (name and designation of the lending authority for information).
4. Copy to Shri___________ (name and designation of the authority making the order of
suspension).
5. The reasons for revoking the order of suspension are as follows:
(Here five in brief the reasons).
NOTE: 1. Endorsement as in para 2 should be made where the order of revocation of suspension
is made by an authority lower than the Appointing authority.
2. Endorsement as in para 3 should be made where the order of suspension has been made
against a “Borrowed officer”.
3. Endorsement as in para 4 should be made where the order of revocation of suspension is made
by an authority other than the authority which made or is deemed to have made the order of
suspension.
4. Para 5 should be inserted only if an endorsement as in para 2,3 or 4 is made.
5. Paras 2 to 5 should not be inserted in the copy sent to the suspended officer.
APPENDIX X
STANDARD FORM Of CERTIFICATE TO BE FURNISHED BY SUSPENDED OFFICIAL
UNDER F.R. 53 (2)
I,___________ (name and designation of the Government servant), having been placed under
suspension by order No._________
Dated__________while holding the post of ______________________
Do herby cetify that I have not been employed in any business, profession, or vocation for
profit/remuneration/salary.
Signature:
Name of the Government servant
Address:
APPENDIX XI-A
(STANDARD FORM Of SANCTION UNDER ARTICLE 351-A OF CASES)
No.
84
Government of India
Ministry/Department of____________
Dated the________
ORDER
WHEREAS it has been made to appear that Shri_______________While serving as
______________in the Minstry/Department____________From ______
to_________was_______________(here specify the imputations of mis-conduct or misbehaviour
in respect of which it is proposed to institute departmental proceedings).
NOW, THEREFORE, in exercise of the powers conferred on him by article 351 (A) of the Civil
Services Regulations the President hereby, accords sanction to the Institution of departmental
proceedings against the said Shri _____________
The president further directs that the said departmental proceedings shall be conducted in
accordance with the procedure laid in rules 14 & 15 of the CCS (CC&A) conduct rules, 1965 by
________________ hereby specify the authority by whom the departmental proceedings should
be conducted _________at __________hereby specify the place at which the departmental
proceedings would be conducted).
*(By order and in the name of the President.)
( )
(Name and designation of the competent authority.)
*(To be signed by an officer in the appropriate Ministry/Department authorized under under
article 77 (8) of the Constitution to authenticate orders on behalf of the President.
dt.
No.
Copy forwarded to Shri__________
Copy also forwarded to Shri__________
APPENDIX XI-B
(STANDARD FORM Of CHARGESHEET FOR PROCEEDINGS UNDER ARTICLE 351-A
CSRs)
No.
Government of India
Ministry/Department___________
MEMORANDUM
Dated the__________
85
In pursuance of the sanction accorded by the President under article 351-A CSRs for instituting
departmental proceedings against Shri _____________vide Ministry/Department
of_________Order No._________dated_______it is proposed to hold an inquiry against the said
Shri __________ in accordance with the procedure laid down in rules 14 & 15 of the CCS
(CC&A) conduct rules, 1965. The inquiry shall be conducted by___________ hereby specify
the authority by whom the departmental proceedings are to be conducted in accordance with the
Presidential sanction) at _________here specify the name of the place where proceedings* are to
be conducted).
2. The substance of the imputations of mis-conduct or mis-behaviour in respect of which the
inquiry is proposed to be held is set out in the enclosed statement of articles of charge (Annexure
I). A statement of the imputations of mis-conduct or mis-behaviour in support of each article of
charge is enclosed (Annexure II). A list of documents by which and list of witnesses by whom
the articles of charge are proposed to be sustained are also enclosed (Annexure III & IV).
3. Shri__________is directed to submit within 10 days of the receipt of this Memorandum a
written statement of his defence and also to state whether he desires to be heard in person.
4. He is informed that an inquiry will be held in respect of these articles of charge as are not
admitted. He should, therefore, specifically admit or deny each article of charge.
5. Shri__________is further informed that if he does not submit his written statement of defence
on or before the date specified in para 3 above, or does not appear in person before the inquiring
authority or otherwise fails or refuses to comply with the provisions of rules 14 & 15 of the CCS
(CC&A) conduct rules, 1965 or the orders/directions issued in pursuance of the said rules, the
inquiring authority may hold the inquiry against him ex-parte.
6. The receipt of this Memorandum may be acknowledged.
*(By order and in the name of the President.)
( )
(Name and designation of the competent authority.)
To
Shri
______________
ANNEXURE I
Statements of articles of charge framed against Shri______________________
___________________(name of the retired Government servant) formerly _________________
_____________Article I
That the said Shri _______________________ While functioning as _______________during
the period__________________
86
*(To be signed by an officer in the appropriate Ministry/Department authorized under Article 77
(2) of the Constitution to authenticate orders on behalf of the President).
Article II
That during the aforesaid and While functioning in the aforesaid office, the said Shri
_______________________
Article III
That during the aforesaid period and While functioning in the aforesaid office, the said Shri
_______________________
ANNEXURE II
Statement of imputations of mis-conduct or mis-behaviour in support of the articles of charge
framed against Shri _______________________ (Name of the retired Government
servant)formerly ______________
Article I
Article II
Article III
ANNEXURE III
List of documents by which the article of charge framed against Shri _________________(name
of the retired Government servant)formerly______________ are proposed to be sustained:-
ANNEXURE IV
87
List of witnesses by whom the articles of charge framed against Shri
_______________________ (name of retired Govt. servant)formerly______________ are
proposed to be sustained:-
________________
________________
APPENDIX XII
INSTRUCTIONS RELATING TO PAYMENT OF TRAVELLING AND OTHER EXPENSES
TO WITNESSES IN DEPARTMENTAL INQUIRIES
(Reproduced as Government of India’s instructions below S.R. 190).
The following instructions are issued to regulate the payment of traveling and other expenses to
persons appearing as witnesses in Departmental Inquiries. :-
1. Every person, whether he is a Central of State Government servant or not, who is
called to give evidence in a departmental inquiry by either the Government or the Government
servant against whom the enquiry is being held, shall be entitled to payment of traveling and
other expenses as laid down in these instructions.
2. The officer or Board bolding the inquiry shall furnish a certificate in Form 1 to every person
appearing before him or it to give evidence.
3. (1) Where the witness is a Central Government servant, he shall be entitled to receive, in
respect of the attendance before the authority holding the departmental inquiry, from the
Department or Ministry under which he is serving for the time being payment of a traveling
allowance as on tour under S.R. 154.
(2) Where the Government servant is called in the departmental inquiry to give evidence as to
facts which have come to his knowledge in the discharge of his public duties, the minimum time
required to be spent by him on the journey to and from the place where the enquiry is held and
the days on which is required to remain present before the authority holding the inquiry shall be
treated as duty :-
Provided that if the Government servant is on leave, the entire time spent shall be treated as a
part of the leave and he deemed to have been recalled to duty.
3. Where a Government Servant is called by any authority holding the departmental inquiry to
give evidence as to facts which have come to his knowledge a time when he was not in
Government service, he may be paid travelling allowance as provided in sub-rule (1).
4. Where the witness is a State Government servant, he shall be entitled to receive, in respect
of the attendance before the authority holding the departmental inquiry, from the State
Government such traveling allowance and/or daily allowance as may be admissible to him under
88
the rules applicable to him in that behalf in respect of a journey undertaken on tour and the
amount so paid shall be paid by the Central government to the State Government who shall raise
a debit in respect thereof against the Central Government.
5. Where a person who has been a Government servant is called to give evidence as to facts
which have come to this knowledge in the discharge of his public duties or a person who is
called to give evidence before any authority holding a departmental inquiry such person shall be
entitled to claim from the Ministry or Department under whom the Government servant against
whom the inquiry is being held is for the time being serving, traveling allowance under SR. 190.
6. The foregoing Instructions shall also apply to a person nominated by the Disciplinary
Authority to present the case in support of the charge before the authority holding the
departmental inquiry, or assisting the Government servant against whom the Inquiry is held in
presenting his case. Such person shall be granted a certificate in Form II by the authority holding
the Departmental inquiry.
7. All expenditure on traveling allowance paid to a Government servant under these
instructions shall be charged to the head of account to which such Government servant’s salary is
debitable.
FORM 1
This is to certify that Shri (Name, designation, Office etc) appeared before me as a Witness on
_____________at place ___________) in the departmental inquiry against Shri (Name,
designation, etc.) and was discharged on __________ at (time ____________).
Nothing has been paid to him on account of his travelling and other expenses.
Place and Date.
(SIGNATURE)
DISCIPLINARY AUTHORITY/BOARD OF
INQUIRY OFFICER.
Copy forwarded for information to the Ministry/Department of ____________ Secretary to the
government of (name of State Government) _______________ Department.
PROFORMA II.
This is to certify that Shri (name, designation, office, etc.) attended the proceeding in the
departmental enquiry against Shri (name, designation etc.) to present the case in support of the
charges/to assist the said Shri (name) in presenting his case on ___________________ at (place)
________________ Nothing has been paid to him on account of his travelling and other
expenses.
(SIGNATURE)
Disciplinary Authority/Board of
Inquiry/Inquiring Officer.
Place and
Date.
Copy forwarded for information to the Ministry/Department.
89
APPENDIX XIII
RULES REGULATING APPLICATIONS FOR OBTAINING THE SERVICES OF THE
GOVERNMENT EXAMINER OF QUESTIONED DOCUMENTS AND PAYMENT TO HIM.
1. Applications should be sent direct to the Government examiner of Questioned Documents,
Intelligence Bureau, Ministry of Home Affairs, “Dormers” Simla-I.
2.(i) Applications received direct from private individuals will not be entertained.
(ii) Applications received from Police Officers below the rank of Superintendent of Police will
not be entertained.
3. Acceptable applications fall into two classes :-
A. Official applications from –
(i) State Governments and Offices subordinate to them;
(ii) Presiding Officers of Criminal courts (including Sessions Courts) High Court; courts
Martial etc.
(iii) Ministries of Government of India and their attached and subordinate offices;
(iv) Railway administrations under the Ministry of Railway (Railway Board);
B. Other applications. These include –
(i) Cases from private parties in civil suit in India Union Courts. These will be accepted
only on application from the court in which the case is being heard. The party
concerned must move the court and it will rest with the court to take the further steps
necessary to obtain the services of the Government Examiner of Questioned
Documents.
Explanation:- Reference made by a court suo moto in civil cases in which the State is not a
party will be deemed to be cases from private parties for the purpose of these rules.
(ii) Cases from municipal corporations, district boards, municipalities, and other local
bodies and from universities, Railway administrations (not under the Ministry of
Railways of the Government of India), from autonomous corporation and quasi-
Government Bodies, e.g. D.V.C., D.T.S. etc. with Indian Union. Applications from
recognized universities will be received direct. Applications from Railway
Administrations (not under the Ministry of Railways Government of India) should be
submitted through the Agent of the Railway concerned. Applications from
municipals corporations will be received direct but from other local bodies will be
accepted only if received through the local district magistrate who should satisfy
himself before forwarding the applications, that it is desirable that the Government
Examiner of Questioned Documents should be consulted.
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(iii) Complaint cases, revenue cases, Tenancy Act cases, and other miscellaneous Act
cases from Indian Union courts.
These cases will be accepted only if forwarded by presiding officers of courts.
4. Applications falling under classes A and B will ordinarily be accepted but may be refused at
the discretion of the Government Examiner of Questioned Documents if they cannot be
undertaken without detriment to his other work.
5. An inclusive fee will be charged in each case in which an opinion is given and will normally
cover the opinion, the cost of photographs and the giving of evidence, limited in class B cases to
one day. The inclusive fee for class A cases (see rule 3) will be Rs.220 and for Class B cases
Rs.250 (This fee does not cover travelling allowance which is governed by rule 15 below).
6. Subject to the exception stated at the end of this rule, the fee is payable in advance in all
cases and each application should be accompanied by a certificate in the following form :-
“Certified that sum of Rupees two hundred and twenty (Rs.220)/two hundred and fifty (Rs.250)
has been deposited in the ______________ Treasury on ________ on account of the
Government fee in case/suit No.____________ and that this amount has been shown under head
XLVI-Miscellaneous Central-other-Fines and Forfeitures, Fees for the Services of the
Government Examiner of Questioned Documents, in the Cash Account of Central subject for the
month of _____________and appears at item No._______________ in the relevant Receipt
Schedule.
Signature of Treasury Officer.
Countersigned.
Signature of officer submitting the case.
In special circumstances, which should be stated in application Class A cases will be accepted
without this certificate but the certificate should be forwarded as soon as possible.
7. In cases where the cost of photographs is exceptionally heavy, the fee will be Rs.180- plus
actual cost of the photographs in Class A cases and in Class B cases Rs.200 plus the actual cost
of the photographs.
In class B cases the authority submitting the case will be informed of the extra cost involved
before it is incurred and will be required to certify that it has been deposited before the
Government Examiner of the Questioned Documents proceeds with the case.
8. (a) No fees are chargeable by the Government Examiner of Questioned Documents for the
cases investigated by the Special Police Establishment and also for cases arising in –
(i) the main Ministries of the Central Government.
(ii) their attached office; and
(iii) States who have no consolidated funds of their own within the meaning of section 39
of the Government of Part C States Act, 1951 (No.XLIX of 1951).
(b) Fees are however chargeable in all other cases.
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9. (i) In cases in which no opinion is given but photographs are taken, only the actual cost of
the photographs will be charged, subject to a minimum of Rs.35.
(ii) In cases in which examination has been completed but no opinion could be expressed, a
consolidated fee of Rs.100 will be charged.
10. No reduction in the fee will be allowed if evidence is not required or is taken on
Commission.
11. (i) In class B cases an additional fee of Rs.200 will charged for each day after the first day
on which evidence is given, whether in court or on Commission, or on which the officer is
detained. The presiding officer or the Commissioner will be requested to certify, the before the
second and each subsequent day/’s work is begun, that the fee for that day and also for any
intervening day or days of detention has been deposited, and subsequently to furnish a certificate
in rule 6 above.
(ii) A fee of lRs.250 will be charged in a civil suit even for the first day’s evidence if evidence
is taken upon an opinion expressed on the same documents when they formed part of a criminal
case.
12. In cases falling under class B, the Government Examiner or his Assistant will be prepared
to attend courts provided that he can do so without detriment to his other work. When evidence
is taken on commission, the Commission should be issued to the Senior Sub-Judge, Simla and
normally should be so worded that either the Government Examiner or his Assistant can give
evidence.
13. Presiding officers of courts are requested to detain the Government Examiner of
Questioned Documents or his Assistant for the least possible time compatible with the
requirements of the case. They are also requested to accept, so far as possible the time and dates
for attendance offered by these officers, because the latter frequently have to attend several
courts in the course of one tour.
14. The government of India in the Ministry of Home Affairs reserve the right to impose an
extra charge in any case in which they consider that the usual fee is incommensurate with the
time and labour spent on the case.
15. When the government Examiner of Questioned documents or his Assistant is required to
travel in order to give evidence or for any other purpose the authority or party employing his
services will be required to pay travelling allowance at the rates laid down for first grade officers
in the Supplementary Rules of the Government of India for journeys on tour. Travelling
allowances will also be payable for the class IV servant accompanying the officers at the rates
fixed for government of India, Class IV servants. These payments will be adjusted as directed in
the Home Department (no Ministry of Home Affairs) letter No. F.128/VII/27-Police, dated the
12
In class B cases the presiding officer of the court concerned will be required to certify that the
cost of travelling allowance has been deposited before the Government Examiner of Questioned
Documents or his Assistant undertakes the journey.
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th January, 1928 (see Appendix).APPENDIX XIV
1. (1) The Examiner or his Assistant should submit his travelling allowance bills to the
Accountant General, Central Revenues, for audit and payment.
(2) As soon as a journey is completed, that is, in respect of any complete journey from
headquarters to headquarters, the Examiner or his Assistant should send a statement to the
Accountant General, Central Revenues, showing the total amount of travelling allowance
claimed or drawn and the distribution of the entire amount among the various courts for
recovery.
(3) In cases where several courts are attended, the cost should be distributed betweenk them in
proportion to the distance by rail from headquarters.
(4) As the travelling allowance is debitable to the various local Governments or the parties
concerned, the recoveries should be treated as follows :-
(i) recoveries from the various local governments should be taken in reduction of
expenditure, provided they are effected within the accounts of the same year; if not,
they should be shown as receipt; and
(ii) recoveries from parties such as local boards, local bodies and private persons should
be taken as receipt.
2. The principles laid down above apply to the payment and audit of the travelling
allowance of the peon accompanying the Examiner or his Assistant.
3. If after the Examiner or his Assistant has actually commenced a tour intimation is received
from a court included in the tour to the effect that his evidence would not be required on the date
originally fixed, the court shall pay the difference between the total expenditure actually incurred
on the tour and the expenditure that would have been incurred if attendance in that court has not
been included in the tour. This shall be specifically made clear when the bill is sent to the court
for acceptance.
4. The Examiner and his Assistant shall observe the provisions of Supplementary Rule 30
when they frame their programme for tour.
SCHEDULE I-A
THE CENTRAL CIVIL SERVICES, (CLASSIFICATION,CONTROL AND APPEAL) RULES
1965
PART I- GENERAL
1. Short title and commencement –
(1) These Rules may be called the Central Civil Service (Classification, Control and
Appeal) Rules, 1965.
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(2) They shall come into force on the Ist December, 1965.
2. Interpretation, - In these rules, unless the context otherwise require -
(a) “appointing authority” in relation to a Government servant means -
(i) the authority empowered to make appointments to the Service of which the
Government servant is for the time being a member or to the grade of the Service in
which the Government servant is for the time being included, or
(ii) the authority empowered to make appointments to the post which the Government
servant for the time being holds, or
(iii)the authority which appointed the Government servant to such service, grade or
post, as the case may be, or
(iv) where the Government servant having been a permanent member of any other
Service or having substantively held any other permanent post, has been in
continuous employment of the Government the authority which appointed him to that
Service or to any grade in that Service or to that post, whichever authority is the
highest authority.
(b) ‘cadre authority’, in relation to a Service, has the same meaning as in the rules regulating
that Service;
(c) “Central Civil Service and Central Civil Post” includes a civilian Service or civilian post
as the case may be, of the corresponding class in the Defence Services;
(d) “Commission” means the Union Public Service Commission;
(e) “Defence Services” MEANS SERVICES UNDER THE government of India in the
Ministry of Defence, paid out of the Defence Service Estimates, and not subject to the Army
Act,1950 (46 of 1950), the Navy Act,1957 (63 of 1957) and the Air Force Act 1950 (45 of
1950).
(f) “Department of the Government of India” means any establishment or organization
declined by the President by a notification in the official Gazette to be a department of the
Government of India;
(g) “Disciplinary authority means the authority competent under these rules to impose on a
Government servant any of the penalties specified in rule II;
(h) “Government servant” means a persons who-
(i) is a member of a Service or holds a civil post under the Union,and includes any
such person on foreign service or whose service are temporarily placed at the disposal
of a State Government or a local or other authority;
(ii) is a member of a Service or holds a civil post under a State Government and
whose services are temporarily placed at the disposal of the Central Government;
(iii) is in the service of a local or other authority and whose services are temporarily
placed at the disposal of the Central Government.
(i) “Head of the department” for the purpose of exercising the powers as appointing,
disciplinary, appellate or reviewing authority, means the authority declared to be the head of
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the department under the Fundamental and Supplementary Rules of the Civil Service
Regulations, as the case may be;
(j) “Head of the department” for the purpose of exercising the powers as appointing,
disciplinary, appellate or reviewing authority, means the authority declared to be the head of
the department under the Fundamental and Supplementary Rules of the Civil Service
Regulations, as the case may be;
(k) “Schedule” means the Schedule to these rules;
(l) “Secretary” means a Secretary to the Government of India in any Ministry of Department,
and includes-
(i) a Special Secretary or an Additional Secretary,
(ii) a Joint Secretary placed in independent charge of a Ministry or Department,
(iii)in relation to the Cabinet Secretariat the Secretary to the Cabinet,
(iv)in relation to the President’s Secretariat, the Secretary to the President, or, as the
case may be, the Military Secretary to the President.
(v) In relation to the Prime Minister’s Secretariat, the Secretary to the Prime Minister,
and
(vi)In relation to the Planning Commission, the Secretary to the Planning
Commission;
(m) ‘Service’ means a civil service of the Union.
3.Application-
Government servant in the Defence Services, but shall not apply to
(a) any railway servant, as defined in rule 102 Volume I of the Indian Railway Establishment
Code,
(b)any member of the All India Services,
(c) any person in casual employment,
(d) any person subject to discharge from service on less than one month’s notice,
(e) any person for whom special provision is made, in respect of matters covered by these
rules, by or under any law for the time being in force or by or under any agreement entered
into by or with the previous approval of the President before or after the commencement of
these rules in regard to matters covered by such special provisions;
(2) Notwithstanding anything contained in sub-rule (1) the President may by order exclude
any class of Government servants from the operation of all or any of these rules.
(3) Notwithstanding anything contained in sub-rule (1), or the Indian Railway Establishment
Code, these rules shall apply to every Government servant temporarily transferred to a Service or
post coming within exception (a) or (e) in sub-rule (I), to whom, but for such transfer, these
rules would apply.
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(4) If any doubt arises—
(a) whether these rules or any of them apply to any person, or
(b) whether any person to whom these rules apply belongs to a particular Service, the matter
shall be referred to the President, who shall decide the same.
PART II – CLASSIFICATION
(I) These rules shall apply to every Government servant including every civilian4.Classification of Service –
(i) Central Civil Service, Group ‘A’,
(ii) Central Civil Service, Group ‘B’,
(iii) Central Civil Service, Group ‘C’,
(iv) Central Civil Service, Group ‘D’,
(2) If a Service consists of more than one grade, different grades of such Service may be
included in different classes,
5.
Group ‘C’ & Group ‘D’ shall consist of the Service and grades of Services specified in the
Schedule.
(I) The Civil Service of the Union shall be classified as follows:-Constitution of Central Civil Services - The Central Civil Services Group ‘A’, Group ‘B’,6. Classification of posts - (i)
persons to whom these rules do not apply, shall by a general or special order of the President, be
classified as follows:-
(i) Central Civil posts, Group ‘A’,
(ii) Central Civil posts, Group ‘B’,
(iii) Central Civil posts, Group ‘C’,
(iv) Central Civil posts, Group ‘D’,
(2) Any order made by the competent authority, and in force immediately before the
commencement of these rules, relating to classification of civil posts under the Union shall
continue to be in force until altered, rescinded or amended by an order made by the President
under sub-rule(1).
Civil posts under the Union other than those ordinarily held by7. General Central Service, -
Civil Service shall be deemed to be included in the General Central Service of the corresponding
class and a Government servant appointed to any such post shall be deemed to be a member of
that Service unless he is already a member of any other Central Civil Service of the same class.
PART III- APPOINTING AUTHORITY
Central Civil posts of any class not included in any other Central8. Appointments to Group ‘A’ Services and Posts-
Group ‘A’, and Central Civil Posts, Group ‘A’ shall be made by the President;
Provided that the President may, by a general or a special order and subject to such conditions
as he may specify in such order, delegate to any other authority the power to make such
appointments.
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All appointments to Central Civil Services,9. Appointment to other Services and Posts - (I)
Services (other than the General Central Service) Group ‘B’, Group ‘C’ and Group ’D’, shall be
made by the authorities specified in this behalf in the Schedule.
(2)All appointments to Central Civil posts, Group ‘B’, Group ‘C’ and Group ‘D’, included in the
General Central Service shall be made by the authorities specified in that behalf by a general or
special order of the President, or where no such order has been made, by the authorities specified
in this behalf in the Schedule.
PART IV- SUSPENSION
10. (1) The appointing authority or any authority to which it is subordinate or the disciplinary
authority or any other authority empowered in that behalf by the President by general or special
order, may place a Government servant under suspension-
(a) where a disciplinary proceeding against him is contemplated or is pending; or
(b) where a case against him in respect of any criminal offence is under investigation,
inquiry or trial;
Provided that, except in case of an order of suspension made by the Comptroller and
Auditor General in regard to a member of the Indian Audit and Account Service and in
regard to an Assistant Accountant General or equivalent (other than a regular member of
the Indian Audit and Accounts Service), where the order of suspension is made by an
authority lower than the appointing authority, such authority shall forthwith report to the
appointing authority the circumstances in which the order was made,
(2) A Government servant shall be deemed to have been placed under suspension by an order
of appointing authority –
(a)with effect from the date of his detention if he is detained in custody, whether on a
criminal charge or otherwise, for a period exceeding forty-eight hours;
(b)with effect from the date of his conviction, if, in the event of a conviction for an
offence, he is sentenced to a term of imprisonment exceeding forty-eight hours and is not
forthwith dismissed or removed or compulsorily retired consequent, to such conviction.
Explanation – The period of forty-eight hours referred to in clause (b) of this sub-rule shall
be computed from the commencement of the imprisonment after the conviction and for this
purpose, intermittent periods of imprisonment, if any, shall be taken into account.
(3) Where a penalty of dismissal, removal or compulsory retirement from service imposed
upon a Government servant under suspension is set aside in appeal or on revision under these
rules and the case is remitted for further inquiry or action or with any other directions, the
order of his suspension shall be deemed to have continued in force on and from the date of
the original order dismissal, removal or compulsory retirement and shall remain in force until
further orders.
(4) Where a penalty of dismissal, removal or compulsory retirement from service imposed
upon a Government servant is set aside or declared or rendered void in consequence of or by
a decision of a court of law and the disciplinary authority, on a consideration of the
circumstances of the case, decides to hold a further inquiry against him on the allegations on
which the penalty of dismissal, removal or compulsory retirement was originally imposed,
the Government servant shall be deemed to have been placed under suspension by the
Appointing Authority from the date of the original order of dismissal removal or compulsory
retirement and shall continue to remain under suspension until further orders.
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(5) (a) An order of suspension made or deemed to have been made under this rule shall
continue to remain in force until it is modified or revoked by the authority competent to do
so.
(b)Where a Government servant is suspended or is deemed to have been
suspended,(whether in connection with any disciplinary proceeding or otherwise), and
any other disciplinary proceeding is commenced against him during the continuance of
the suspension, the authority competent to place him under suspension may, for reasons
to be recorded by him in writing, direct that the Government servant shall continue to be
under suspension until the termination of all or any of such proceedings.
(c) An order of suspension made or deemed to have been made under this rule may at any
time be modified or revoked by the authority which made or is deemed to have made the
order or by any authority to which that authority is subordinate.
PART V- PENALTIES AND DISCIPLINARY AUTHORITIES
11.
provided, be imposed on a Government servant, namely :-
Minor Penalties :
(i) censure;
(ii) withholding of his promotions;
(iii) recovery from his pay of the whole or part of any pecuniary loss caused by him to the
Government by negligence or breach of orders;
(iv) withholding of increments of pay;
All appointments to the Central CivilPenalties - The following penalties may, for good and sufficient reasons and as hereinafterMAJOR PENALTIES
(v) 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 such will earn increment 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 a lower time-scale of pay, grade, post or Service which shall ordinarily be
a bar to the promotion of the Government servant to the time-scale of pay, grade, post or
Service from which he was reduced, with or without further directions regarding,
conditions of restoration to the grade or post or Service from which the Government
servant was reduced and his seniority and pay on such restoration to that 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.
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Explanation - The following shall not amount to a penalty within the meaning of this rule
namely :-
(i) withholding of increments of pay of a Government servant for his failure to pass any
departmental examination in accordance with the rules or orders governing the Service to
which he belongs or post which he holds or the terms of his appointment;
(ii) stoppage of a Government servant at the efficiency bar in the time-scale of pay on the
ground of his unfitness to cross the bar;
(iii) non-promotion of a Government servant, whether in a substantive or officiating
capacity, after consideration of his case, to a Service, grade or post for promotion to which
he is eligible;
(iv) reversion of a Government servant officiating in a higher Service, grade or post to a
lower Service, grade or post, on the ground that he is considered to be unsuitable for such
higher Service, grade or post or on any administrative ground unconnected with his
conduct;
(v) reversion of a Government servant, appointed on probation to any other Service, grade
or post, to his permanent Service, grade or post during or at the end of the period of
probation in accordance with the terms of his appointment or the rules and orders
governing such probation;
(vi) replacement of the services of a Government servant, whose services had been
borrowed from a State Government or any authority under the control of a State
Government, at the disposal of the State Government, at the disposal of the State
Government or the authority from which the services of such Government servant had been
borrowed;
(vii) compulsory retirement of a Government servant in accordance with the provisions
relating to his superannuation or retirement;
(viii) termination of the services –
(a) of a Government servant appointment on probation, during or at the end of the
period of his probation, in accordance with the terms of his appointment or the
rules and orders governing such probation; or
(b) of a temporary Government servant in accordance with the provision of sub-rules
(1) of Rule 5 of the Central Civil Service (Temporary Service) Rules, 1965; or
(c) of a government servant, employed under an agreement, in accordance with the
terms of such agreement.
12. Disciplinary Authorities :-
11 on any Government servant.
(2) Without prejudice to the provisions of sub-rule (1), but subject to the provisions of subrule
(4), any of the penalties specified in rule 11 may be imposed on -
(a) a member of a Central Civil Service other than the General Central Service, by
the appointing authority or the authority specified in the Schedule in this behalf or
by any other authority empowered in this behalf by a general or special order of
the President;
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(b) a person appointed to a Central Civil Post included in the General Central Service,
by the authority specified in this behalf by a general or special order of the
President or, where no such order has been made, by the appointing authority or
the authority specified in the Schedule in this behalf.
3. Subject to the provision of sub-rule (4) the power to impose any of the penalties specified
in Rule 11 may also be exercised, in the case of member of a Central Civil Service, Group
‘C’ (other than the Central Secretariat Clerical Service), or a Central Civil Service, Group
‘D’.
(a)if he is serving in a Ministry or Department of the Government of India, by the
Secretary to the Government of India, in that Ministry or Department, or
(b)if he is serving in any other office, by the head of that office, except where the head of
that office is lower in rank than the authority competent to impose the penalty under subrule
(2),
4. Notwithstanding anything contained in this rule.
(a)except where the penalty specified in clause (v) or clause (vi) of rule 11 is imposed by
the Comptroller and Auditor General on a member of the Indian Audit and Accounts
Service, no penalty specified in clause (v) to (ix) of that rule shall be imposed by any
authority subordinate to the appointing authority.
(b)Where a Government servant is a member of a Service other than the General Central
Service or who has been substantively appointed to any civil post in the General Central
Service, is temporarily appointed to any other Service or post the authority competent to
impose on such Government servant any of the penalties specified in clauses (v) to (ix)
of rule 11 shall not impose any such penalties unless it has consulted such authority, not
being anti authority subordinate to it, as would have been competent under sub-rule (2) to
impose on the Government servant any of the said penalties had he not been appointed to
such other Service or post.
Explanation – Where a Government servant belonging to a Service or holding a Central Civil
Post of any class, is promoted, where on probation or temporarily to the Service or Central
Civil post of the next higher class, he shall be deemed for the purposes if the rule to belong to
the Service of, or hold the Central Civil post of such higher class.
The President may impose any of the penalties specified in rule13. Authority to institute proceedings
him by general or special order may-
(a)institute disciplinary proceedings against any Government servant,
(b)direct a disciplinary authority to institute disciplinary proceeding against any
Government servant or whom that disciplinary authority is competent to impose under
these rules any of the penalties specified in rule 11.
(2) A disciplinary authority competent under these rules to impose any of the penalties
specified in clauses (i) to (iv) of rule if any institute disciplinary proceedings against any
Government servant for the imposition of any of the penalties specified in clauses (v) to
(ix) of rule 11 notwithstanding that such disciplinary authority is not competent under
these rules to impose any of the latter penalties.
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PART IV – PROCEDURE FOR IMPOSING PENALTIES.
(1) The President of any other authority empowered by14. Procedure for imposing major penalties
specified in clauses (v) to (ix) of rule 11 shall be made except after an enquiry held, as far as
may be in the manner provided in this rule and rule 15, or in the manner provided by the Public
Servants (Inquiries) Act, 1850 as the case may be, an authority to held under that Act.
(2) Whenever the disciplinary authority is of the opinion that there are grounds for inquiring
into the truth of any imputation of misconduct or misbehaviour against a Government
servant, it may itself inquire into, or appoint under this rule or under the provisions of the
Public Servants Inquiries) Act 1850, as the case may be, an authority to inquire into the truth
thereof.
Explanation – Where the disciplinary authority itself holds the inquiry, any reference in subrule
(7) to sub-rule (2) and in sub-rule (22) to the inquiring authority shall be construed as a
reference to the disciplinary authority.
3. Where it is proposed to hold as inquiry against Government servant under this rule and rule
15, the disciplinary authority shall draw up or cause to be drawn up -
(i)the substance of the imputations misconduct or misbehaviour into definite and
distinct articles of charge;
(ii) a statement of the imputations of misconduct or misbehaviour in support of each
article of charge which shall contain-
(a) a statement of all relevant facts including any admission or confession made by the
Government servant;
(b) a list of documents by which, and a list of witnesses by whom the articles of charge
are proposed to be sustained.
(4) The disciplinary authority shall deliver or cause to be delivered to the Government
servant 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 of charges is
proposed to be sustained and shall require the Government servant to submit, within such
time as may be specified a written statement of his defence and to state whether he desires to
be heard in person.
(5) (a) On receipt of the written statement of defence, the disciplinary authority may itself
inquire into such of articles of charge as are not admitted, or, if it considers it necessary so to
do, appoint, under sub-rule (2), an inquiring authority for the purpose, and where all the
articles of charge have been admitted by the Government servant in his written statement of
defence, the disciplinary authority shall record its findings on each charge after taking such
evidence as it may think fit and shall act in the manner laid down in rule 15.
(b) If no written statement of defence is submitted by the Government servant, the
disciplinary authority may itself inquire into the articles of charge or may, if it considers it
necessary to do so appoint, under sub-rule (2), an inquiring authority for the purpose.
(c) Where the disciplinary authority itself inquires into any article of charge or appoints an
inquiring authority for holding any inquiry into such charge or may, it may, by an order,
appoint a Government servant or a legal practitioner to be known as “Presenting Officer” to
present on its behalf the case in support of the articles of charge,
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(6) The disciplinary authority shall, where it is not the inquiring authority forward to the
inquiring authority:-
(i) a copy of the articles of charge and the statement of the imputations of
misconduct or misbehaviour;
(ii) a copy of the written statement of defence, if any, submitted by the
Government servant;
(iii) a copy of the statements of witnesses, if any, referred to in sub-rule(3);
(iv) evidence proving the delivery of the documents referred to in sub-rule (3) to
the Government servant; and
(v)a copy of the order appointing the “Presenting Officer”.
(7) The Government servant shall appear in person before the inquiry authority o such day and
at such time within ten working days from the date of receipt by him of the articles of charge
and the statement of the imputations misconduct or misbehaviour, as the inquiring authority
may, by a notice in writing specify in this behalf, or within such further time, not exceeding ten
day, as the inquiring authority may allow.
(8) (a) The Government servant may take the assistance of any other Government servant to
present the case on his behalf but may not engage a legal practitioner for the purpose unless the
Presenting Officer appointed by the disciplinary authority is a legal practitioner, or, the
disciplinary authority, having regard the circumstances of the case, so permits.
(b) The Government servant may also take the assistance of a retired Government servant to
present the case on his behalf, subject to such conditions as may be specified by the President
from time to time by general or special order in this behalf.
NOTE - The Govt. servant shall not take the assistance of any other Govt. servant who has
two pending disciplinary cases on hand in which he has to give assistance.
(9) If the Government servant who has not admitted any of the article of charge in his written
statement of defence or has not submitted any written statement of defence, appears before the
inquiring authority, such authority shall ask him whether he is guilty or has any defence to
make and if he pleads guilty to any of the article of charge, the inquiry authority shall record
the plea, sign the record, obtain the signature of the Government servant thereon.
(10) The Inquiring authority shall return a finding of guilty in respect of those articles or
charge to which the Government servant pleads guilty.
(11) The inquiring authority shall, if the Government servant fails to appear within the
specified time or refuses or omits to plead require the presenting officer to produce the
evidence by which he proposes to prove the articles of charge, and shall adjourn the case to a
later date not exceeding thirty days, after recording an order that the Government servant may,
for the purpose of preparing his defence,
(i) inspect within five days of the order or within such further time not exceeding five
days as the inquiring authority may allow, the documents specified in the list referred to
in sub-rule (3);
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(ii) submit a list of witnesses to be examined on his behalf.
NOTE – If the Government servant applies orally or in writing or the supply of copies of
the statements of witnesses mentioned in the list referred to in sub-rule (3), the inquiring
authority shall furnish him with such copies as early as possible and in any case not later
than three days before the commencement of the examination of the witnesses on behalf
of the disciplinary authority,
(iii) give a notice within ten days of the order or within such further time not exceeding
ten days as the inquiry authority may allow for the discovery or production of any
documents which are in the possession of Government but not mentioned in the list
referred to in sub-rule (3).
NOTE – The Government servant shall indicate the relevant of the documents required
by him to be discovered or produced by the Government.
12. The inquiry authority shall, on receipt of the notice for the discovery or production of
documents, forward the same or copies thereof to the authority in whose custody or possession
the documents are kept, with a requisition for the production of the document by such date as
may be specified in such requisition.
Provided that the inquiring authority may, for reasons to be recorded by it in writing, refuse to
requisition such of the documents as are, in its opinion not relevant to the case.
13. On receipt of the requisition referred to in sub-rule (12), every authority having the custody
or possession of the requisitioned documents shall produce the same before the inquiry authority:
Provided that if the authority having the custody or possession of the requisitioned documents
is satisfied for reasons to be recorded by it in writing that the production of all or any of such
documents would be against the public interest or security of State, it shall inform the inquiring
authority accordingly and the inquiring authority shall, on being so informed, communicate the
information to the Government servant and withdraw the requisition made by it for the
production or discovery of such documents.
(14) On the date fixed for the inquiry, the oral and documentary evidence by which the articles of
charge are proposed to be proved shall be produced by or on behalf of the disciplinary authority.
The witnesses shall be examined by or on behalf of the Presenting Officer and may be crossexamined
by or on behalf of the Government servant. The Presenting Officer shall be certified
to re-examine the witnesses on any points on which they have been cross examined, but not on
any new matter, without the leave of the inquiring authority. The inquiry authority may also put
such question to the witnesses as it thinks fit.
(15) If it shall appear necessary before the close of the case on behalf of the disciplinary
authority, the inquiry authority may, in its discretion, allow the Presenting Officer to produce
evidence not included in the list given to the Government servant or may itself call for new
evidence or recall and re-examined any witness and in such case the Government servant shall be
entitled to have, if he demands it, a copy of the list of further evidence proposed to be produced
and an adjournment of the inquiry for three clear days before the production of such new
evidence, exclusive of the day of adjournment and the day to which the inquiry is adjourned. The
inquiring authority shall give the Government servant an opportunity of inspecting such
documents before they are taken on the record. The inquiring authority may also allow the
Government servant to produce new evidence, if it is of the opinion that the production of such
evidence is necessary in the interests of justice.
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NOTE – New evidence shall not be permitted or called for or any witness shall not be recalled
to fill up any gap in the evidence. Such evidence may be called for only when there is an
inherent lacuna or defect in the evidence which has been produced originally.
(16) When the case for the disciplinary authority is closed, the Government servant shall be
required to state his defence, orally or in writing, as he may prefer. If the defence is made orally
it shall be recorded and the Government servant shall be required to sign the record. In either
case, a copy of the statement of defence shall be given to the Presenting Officer, if any,
appointed.
(17) The evidence on behalf of the Government servant shall then be produced. The Government
servant may examine himself in his own behalf if he so prefers. The witnesses produced by the
Government servant shall than be examined and shall be liable to cross-examination, reexamination
and examination by the inquiring authority according to the provisions applicable to
the witness for the disciplinary authority.
(18) The inquiring authority may, after the Government servant closes his case, and shall, if the
Government servant has not examined himself, generally question him on the circumstances
appearing against him in the evidence for the purpose of enabling the Government servant to
explain any circumstances appearing in the evidence against him.
(19) The inquiring authority may, after the completion of the production of evidence, hear the
Presenting Officer, if any, appointed, and the Government servant, or permit them to file written
briefs of their respective case, if they so desire.
(20) If the Government servant to whom a copy of the articles of charge has been delivered, does
not submit the written statement of defence on or before the date specified for the purpose or
does not appear in person before the inquiring authority or otherwise fails or refuses to comply
with the provisions of this rule, the inquiring authority may hold the inquiry ex-parte.
(21) (a) Where a disciplinary authority competent to impose any of the penalties specified in
clauses (i) to (iv) of rule 11, (but not competent to impose any of the penalties specified in clause
(v) to (ix) of rule 11), has itself inquired into or caused to be inquired into the articles of any
charge and that authority, having regard to its own findings or having regard to its decision on
any of the findings of any inquiring authority appointed by it, is of the opinion that the penalties
specified in clause (v) to (ix) of rule 11 should be imposed on the Government servant, that
authority shall forward the records of the inquiry to such disciplinary authority as is competent to
impose the last mentioned penalties.
(b) The disciplinary authority to which the records are so forwarded may act in the evidence on
the records or may, if it is of the opinion that further examination of any of the witnesses is
necessary in the interests of justice, recall the witness and examine, cross-examine and reexamine
the witness and may impose on the Government servant such penalty as it may deem fit
in accordance with the rules.
(22) Whenever any inquiring authority, after having heard and recorded the whole or any part of
the evidence in an inquiry cases to exercise jurisdiction therein, and is succeeded by another
inquiring authority which has ad which exercises, such jurisdiction the inquiring authority so
succeeding may act on the evidence so recorded by its predecessor or partly recorded by its
predecessor and partly recorded by itself:
Provided that if the succeeding inquiry authority is of the opinion that further examination of
any of the witnesses whose evidence has already been recorded is necessary in the interest of
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justice, it may recall, examine, cross-examine and re-examine any such witnesses as hereinbefore
provided.
(23) (i) After the conclusion of the inquiry, a report shall be prepared and it shall contain-
(a) the articles of charge and the statement of the imputations of misconduct or
misbehaviour;
(b) the defence of the Government servant in respect of each article of charge;
(c) an assessment of the evidence in respect of each article of charge’
(d) the findings on each article of charge and the reasons therefore.
Explanation – If in the opinion of the inquiry authority the proceedings of the inquiry
establish any article of charge different from the original articles of the charge it may
record its findings on such article of charge:
Provided that the findings on such article of charge shall not be recorded unless the Government
servant has either admitted the facts on which such article of charge is based or has had a
reasonable opportunity of defending himself against such article of charge.
(ii) The inquiry authority, where it is not itself the disciplinary authority shall forward to
the disciplinary authority the records of inquiry which shall include -
(a)the report prepared by it under clause (1);
(b)the written statement of defence, if any, submitted by the Government servant;
(c)the oral and documentary evidence produced in the course of the inquiry;
(d)written briefs, if any, filed by the Presenting Officer or the Government servant
or both during the course of the inquiry, and
(e)the orders, if any, made by the disciplinary authority and the inquiry authority
in regard to the inquiry.
. (1) No order imposing any of the penalties15. Action on the inquiry report-
authority may, for reasons to be recorded by it in writing, remit the case to the inquiry authority
for further inquiry and report and the inquiring authority shall thereupon proceed to hold the
further inquiry according to the provisions of rule 14 as far as may be.
(2) The disciplinary authority shall, if it disagrees with the findings of the inquiring authority on
any article of charge, record its reason for such disagreement and record its own findings on such
charge if the evidence on record is sufficient for the purpose.
(3) If the disciplinary authority having regard to its findings on all or any of the articles of charge
is of the opinion that any of the penalties specified in clause (i) to (iv) of rule 11 should be
imposed on the Government servant, it shall notwithstanding any thing contained in rule 16
make an order imposing such penalty:
Provided that in every case where it is necessary to consult the Commission, the record of the
inquiry shall be forwarded by the disciplinary authority to the Commission for its advice and
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such advice shall be taken into consideration before making any order imposing any penalty on
the Government servant.
(4) “If the disciplinary authority having regard to its findings on all or any of the articles of
charge and on the basis of the evidence adduced during the inquiry, is of the opinion that any of
the penalties specified in clauses (v) to (ix) of rule 11 should be imposed on the Government
servant, it shall make an order imposing such penalty and it shall not be necessary to give the
government servant any opportunity of making representation on the penalty proposed to be
imposed.
Provided that in every case where it is necessary to consult the Commission, the record of the
inquiry shall be forwarded by the disciplinary authority to the Commission for its advice and
such advice shall be taken into consideration before making an order imposing any such
penalty on the Government Servant.”
(1) The disciplinary authority, if it is not itself the inquiring16. Procedure for imposing minor penalties
15; no order imposing on a Government servant any of the penalties specified in clause (i) to
(iv) of rule 11 shall be made except after –
(a) informing the Government servant in writing of the proposal to take action against
him and of the imputations of misconduct or misbehaviour on which it is
proposed to be taken, and giving him a reasonable opportunity of making such
representation as he may wish to make against the proposal;
(b) holding an inquiry in the manner laid down in sub-rule(3) to (23) of rule 14, in
every case in which the disciplinary authority is of the opinion that such inquiry is
necessary;
(c) taking the representation, if any, submitted by the Government servant under
clause (a) and the record of inquiry, if any, held under clause (b) into
consideration;
(d) recording a finding on each imputation of misconduct or misbehaviours; and
(e) consulting the Commission where such consultation is necessary.
(I-A) Notwithstanding anything contained in clause (b) of sub-rule (1), in a case it is
proposed, after considering the representation, if any, made by the Government servant under
clause (a) of that sub-rule, to withhold increments of pay and such withholding of increments is
likely to affect adversely the amount of pension payable to the Government servant or to
withhold increments of pay for a period exceeding three years or to withhold increments of pay
with cumulative effect for any period, an inquiry shall be held in the manner laid down in subrules(
3) to (23) of Rule 14, before making any order imposing on the Government servant any
such penalty.
NOTE – In a case where a delinquent Government servant has asked for inspection of
certain documents and cross examination of the prosecution witnesses, the disciplinary
authority should naturally apply its mind more closely to the request and should not reject
the request, solely on the ground that an inquiry is not mandatory. If the records indicate
that, notwithstanding the points urged by the Government servant, the disciplinary
authority could, after due consideration, come to the conclusion that an inquiry is not
necessary it should say so in writing indicating its reasons instead of rejecting the request
106
for holding inquiry summarily without any indication that it has applied its mind to the
request, as such an action could be construed as denial of natural justice.
(2) The record of the proceeding in such cases shall include-
(i) a copy of the intimation to the Government servant of the proposal to take action
against him;
(ii) a copy of the statement of imputations of misconduct or misbehaviour delivered to
him;
(iii) his representation, if any;
(iv) the evidence produced during the inquiry;
(v)the advice of the Commission, if any;
(vi) the findings on each imputation of misconduct or misbehaviour’ and
(vii)the orders on the case together with the reasons therefore.
(1) Subject to the provisions of sub-rule of rule17. Communication of orders
communicated to the Government servant who shall also be supplied with a copy of the report of
the inquiring authority and a statement of the findings of the disciplinary authority together with
brief reasons for its disagreement, if any, with the findings of the inquiry authority(unless they
have already been supplied to him) and also a copy of the advice, if any, given by the
Commission and, where the disciplinary authority, has not accepted the advice of the
Commission, a brief statement of the reasons for such non-acceptance.
- Orders made by the disciplinary authority shall be18. Common Proceedings.- (
any case, the President or any other authority competent to impose the penalty of dismissal
from service on all such Government servants may make an order directing that disciplinary
action against all of them may be taken in a common proceeding.
NOTE- If the authorities competent to impose the penalty of dismissal on such Government
servants are different, an order for taking disciplinary action in a common proceeding may be
made by the highest of such authorities with the consent of the others.
(2) Subject to the provisions of sub-rule (4) of rule 12, any such order shall specify-
(i)The authority which may function as the disciplinary authority for the purpose of
such common proceedings.
(ii) The penalties specified in rule 11 which such disciplinary authority shall be
competent to impose;
(iii)Whether the procedure laid down in rule 14 and rule 15 or rule 16 shall be followed
in the proceedings.
1) Where two or more Government servants are concerned in19. Special procedure in certain cases –
rule 18-
(i) where any penalty is imposed on a Government servant on the ground of conduct
which has led to his conviction on a criminal charge, or
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(ii) where the disciplinary authority is satisfied for reasons to be recorded by it in writing
that it is not reasonably practicable to hold an inquiry in the manner provided in these
rules, or
(iii) whether the President is satisfied that in the interest of the security of the State, it is
not expedient to hold any inquiry in the manner provided in these rules, the disciplinary
authority may consider the circumstances of the case and make such orders thereon as it
deems fit.
Provided that the Commission shall be consulted, where such consultation is necessary,
before any orders are made in any case under this rule.
Notwithstanding anything contained in rule 14 to20.Provision regarding officers lent to State Governments, etc- (
Government servant are lent by one department to another department or to a State Government
or an authority subordinate thereto or to a local or other authority (hereinafter in this rule referred
to as “the borrowing authority”), the borrowing authority shall have the powers of the appointing
authority for the purpose of placing such Government servant under suspension and of the
disciplinary authority for the purpose of conducting a disciplinary proceeding against him;
Provided that the borrowing authority shall forthwith inform the authority which lent the
services of the Government servant (hereinafter in this rule referred to as “the lending
authority”) of the circumstances leading to the order of suspension of such Government servant
or the commencement of the disciplinary proceeding, as the case may be,
(2) In the light of the findings in the disciplinary proceeding conducted against the Government
servant -
(i) if the borrowing authority is of the opinion that any of the penalties specified in
clauses (i) to (iv) of rule 11 should be imposed on the Government servant, it may, after
consultation with the lending authority, make such orders on the case as it deems
necessary.
Provided that in the event of a difference of opinion between the borrowing authority and
the lending authority, the services of the Government servant shall be replaced at the disposal of
the lending authority;
(ii) if the borrowing authority is of the opinion that any of the penalties specified in
clauses (v) to (ix) of rule 11 should be imposed on the Government servant, it shall
replace his services at the disposal of the lending authority and transmit to it the
proceedings of the inquiry and thereupon the lending authority may, if it is the
disciplinary authority, submit the case to the disciplinary authority which shall pass such
orders on the case as it may deem necessary.
Provided that before passing any such order the disciplinary authority shall comply with the
provisions of sub-rules (3) and (4) of rule 15.
Explanation – The disciplinary authority may make an order under this clause on the
record of the inquiry transmitted to it by the borrowing authority, or after holding such further
inquiry as it may deem necessary, as far as may be in accordance with rule 14.
1) Where the services of a21.Provisions regarding officers borrowed from State Government etc- (1)
of suspension is made or a disciplinary proceedings is conducted against a Government servant
whose services have been borrowed by one department from another department or from a State
Government or an authority subordinate thereto or a local or other authority, the authority
108
lending his services (hereinafter in this rule referred to as “the lending authority”) shall forthwith
be informed of the circumstances leading to the order of the suspension of the Government
servant or of the commencement of the disciplinary proceeding as the case may be.
(2) In the light of the finding in the disciplinary proceeding conducted against the Government
servant if the disciplinary authority is of the opinion that any of the penalties specified in clauses
(i) to (iv) of rule 11 should be imposed on him, it may, subject to the provisions of sub-rule (3) of
rule 15 and except in regard to a Government servant serving in the Intelligence Bureau up to the
rank of Assistant Central Intelligence Officer, after consultation with the lending authority, pass
such orders on the case as it may deem necessary:-
(i) provided that in the event of a difference of opinion between the borrowing authority
and the lending authority the services of the Government servant shall be replaced at the
disposal of the lending authority;
(ii) if the disciplinary authority is of the opinion that any of the penalties specified in
clauses (v) to (ix) of rule 11 should be imposed on the Government servant, it shall
replace the services of such Government servant at the disposal of the lending authority
and transmit it to the proceedings of the inquiry for such action as it may deem necessary.
PART VII- APPEALS
Where an order22. Orders against which no appeal lies
appeal shall lie against –
(i) any order made by the President;
(ii) any order of an interlocutory nature or of the nature of a step-in-aid or the final
disposal of a disciplinary proceeding, other than an order of suspension;
(iii) any order passed by an inquiry authority in the course of an inquiry under rule 14.
– Notwithstanding anything contained in this Part, no23. Orders against which appeal lies -
servant may prefer an appeal against all or any of the following orders, namely –
(i) an order of suspension made or deemed to have been made under rule 10;
(ii) an order imposing any of the penalties specified in rule 11 whether made by the
disciplinary authority or by any appellate or reviewing authority;
(iii) an order enhancing any penalty, imposed under rule 11;
(iv) an order which-
(a) denies or varies to his disadvantage his pay, allowances, pension or other
conditions of service as regulated by rules or by agreement;
(b) interprets to his disadvantage the provisions of any such rule or agreement;
(v) an order –
(a) stopping him at the efficiency bar in the time scale of pay on the ground of his
unfitness to cross the bar;
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(b) reverting him while officiating in a higher Service, grade or post to a lower
Service, grade or post, otherwise than as a penalty;
(c) reducing or withholding the pension or denying the maximum pension
admissible to him under the rules;
(d) determining the subsistence and other allowances to be paid to him for the
period of suspension or for the period during which he is deemed to be under
suspension or for any portion thereof;
(e) determining his pay and allowances –
(i) for the period of suspension, or
(ii) for the period from the date of his dismissal, removal or compulsory
retirement from service, or from the date of his reduction to a lower
service, grade, post, time scale or stage in a time scale of pay, to the
date of his reinstatement or restoration to his service, grade or post, or
(f) determining whether or not the period from the date of his suspension or from the
date of his dismissal, removal, compulsory retirement or reduction to a lower service
grade, post, time scale of pay or stage in a time scale of pay to the date of his
reinstatement or restoration to his service, grade or post shall be treated as a period
spent on duty for any purpose.
Explanation – In this rule-
(i) the expression ‘Government servant’ includes a person who has ceased to be
in Government service;
(ii) the expression ‘pension’ includes additional pension, gratuity and any other
retirement benefit.
Subjects to the provisions of rule 22, a Government24. Appellate Authorities – (1)
in Government service, may prefer an appeal against all or any of the orders specified in rule 23
to authority specified in this behalf either in the Schedule or by a general or special order of the
President or, where no such authority is specified –
(i) where such Government servant is or was a member of a Central Civil
Service, Group ‘A’ or Group ‘B’ or holder of a Central Civil post, Group ‘A’
or Group ‘B’,
(a) to the appointing authority, where the order appealed against is made by
an authority subordinate to it, or
(b) to the President, where such order is made by any other authority;
(ii) where such Government servant is or was a member of a Central Civil Service
Group ‘C’ or Group ‘D’ or holder of a Central Civil post, Group ‘C’ or Group’D’
to the authority to which the authority making the order appealed against is
immediately subordinate.
(2) Notwithstanding anything contained in sub-rule (1)-
(i) an appeal against an order in a common proceedings held under rule 18 shall
lie to the authority in respect of such order, an appeal to which disciplinary
authority for the purpose of that proceeding in immediately subordinate;
(ii) where the person who made the order appealed against becomes, by virtue of
his subsequent appointment or otherwise, the appellate authority in respect of
such order, an appeal against such order shall lie to the authority to which
such person is immediately subordinate.
110
A Government servant including a person who has ceased to be25. Period of limitation for appeals-
unless such appeal is preferred within a period of forty-five days from the date on which a copy
of the order appealed against is delivered to the appellant:
Provided that the appellate authority may entertain the appeal after the expiry of the said
period, if it is satisfied that the appellant had sufficient cause for not preferring appeal in time.
No appeal preferred under this Part shall be entertained26. Forms and contents of appeal – (1)
and in his own name.
(2) The appeal shall be presented to the authority to whom the appeal lies, a copy being
forwarded by the appellant to the authority which made the order appealed against. It shall
contain all material statements and arguments on which the appellant relies shall not contain any
disrespectful or improper language, and shall be complete in itself.
(3) The authority which made the order appealed against shall no receipt of a copy of the appeal,
forward the same with its comments thereon together with the relevant records to the appellate
authority without any avoidable delay and without waiting for any direction from the appellate
authority.
Every person preferring an appeal shall do so separately27. Consideration of appeal –
appellate authority shall consider whether in the light of the provisions of rule 10 and having
regard to the circumstances of the case; the order of suspension is justified or not and confirm or
revoke the order accordingly.
(2) In case of an appeal against an order imposing any of the penalties specified in rule 11 or
enhancing any penalty imposed under the said rule, the appellate authority shall consider -
(a) where the procedure laid down in these rules has been complied with and
if not, whether such non-compliance has resulted in the violation of any
provisions of the Constitution of India or in the failure of justice;
(b) whether the findings of the disciplinary authority are warranted by the
evidence on the record, and
(c) whether the penalty or the enhance penalty imposed is adequate,
inadequate or severe,
(1) In the case of an appeal against an order of suspension theand pass orders –
(i) confirming, enhancing, reducing, or setting aside the penalty, or
(ii) remitting the case to the authority which imposed or enhance the penalty or to
any other authority with such direction as it may deem fit in the circumstances
of the case;
Provided order –
(i) the Commission shall be consulted in all cases where such consultation is
necessary;
(ii) if the enhanced penalty which the appellate authority proposes to impose is
one of the penalties specified in clauses (v) to (ix) of rule 11 and an inquiry
under rule 14 has not already been held in the case, the appellate authority
shall, subject to the provisions of rule 19 itself hold such inquiry or direct that
such inquiry be held in accordance with the provisions of rule 14 and
thereafter, on a consideration of the proceedings of such inquiry and after
giving the appellant a reasonable opportunity, as far as may be in accordance
with the provisions of sub-rule (4) of Rule 15, of making a representation
against the penalty proposed on the basis of the evidence adduced during such
inquiry, make such orders as it may deem fit;
(iii) if the enhanced penalty which the appellate authority proposes to impose is
one of the penalties specified in clauses (v) to (ix) of rule 11 and an inquiry
111
under Rule 14 has already been held in the case, the appellate authority shall,
after giving the appellant a reasonable opportunity, as far as may be in
accordance with the provisions of sub-rule (4) of rule 15, of making a
representation against the penalty on the basis of the evidence adduced during
the inquiry, make such orders as it may deem fit; and
Note where the appeal is against an order imposing a major penalty and the appellant makes a
specific request for a personal hearing, the appellate authority may after considering all relevant
circumstances of the case, allow the appellant, at its discretion, the personal hearing.
(iv) no order imposing an enhanced penalty shall be made in any other case unless the
appellant has been given a reasonable opportunity, as far as may be in accordance
with the provisions of rule 16, of making a representation against such enhance
penalty.
(3) In an appeal against any other order specified in rule 23, the appellate authority shall consider
all the circumstances of the case ad make such orders as it may deem just and equitable.
28. Implementation of orders in appeal-
shall give effect to the orders passed by the appellate authority.
PART III --- REVISION
The authority which made the order appealed against29.
(i) the President, or
(ii) the Comptroller and Auditor General, in the case of a Government servant serving in
the Indian Audit and Accounts Department,or
(iii) The Postal Board in the case of a Government servant serving in or under the Postal,
or
(iv) the head of a department directly under the Central Government in the case of a
Government servant serving in a department or office, (not being the Secretary or the
Postal Board), under the control of such head of a department, or
(v) the appellate authority, within six months of the date of the order proposed to be
reviewed, or
(vi) any other authority specified in this behalf by the President by a general or special
order, and within such time as may be prescribed in such general or special order;
may at any time, either on his or its own motion or otherwise call for the records of any inquiry
and revise any order made under these rules or under the rules repealed by rule 34 from which no
appeal is allowed but from which no appeal has been preferred or from which no appeal is
allowed, after consultation which the Commission where such consultation is necessary, and
maya.
confirm, modify or set aside the order, or
b. confirm, reduce, enhance or set aside the penalty imposed by the order, or
impose any penalty where no penalty has been imposed, or
c. remit the case to the authority which made the order or to any other authority
directing such authority to make such further inquiry as it may consider proper in
the circumstances of the case, or
d. pass such other orders as it may deem fit:
112
Provided that no order imposing or enhancing any penalty shall be made by any revising
authority unless the Government servant concerned has been given a reasonable opportunity
making a representation against the penalty proposed and where it is proposed to impose any of
the penalties specified in clause (v) to (ix) of rule 11 or to enhance the penalty imposed by the
order sought to be revised to any of the penalties specified in those clauses, no such penalty shall
be imposed except after an inquiry in the manner laid down in rule 14 and after giving a
reasonable opportunity to the Government servant concerned of showing cause against the
penalty proposed on the evidence adduced during the inquiry and except after consultation with
the Commission where such consultation is necessary.
Provided further that no power of revision shall be exercise by the Comptroller and Auditor
General, the Postal Board of the head of department, as the case may be, unless –
(i) the authority which made the order in appeal, or
(ii) the authority to which an appeal, would lie, where no appeal has been preferred, is
subordinate him.
(2) No proceedings for review hall be commenced until after -
(i) the expiry of the period of limitation for an appeal or
(ii) the disposal of the appeal, where any such appeal has been preferred
(3) An application for revision shall be dealt with in the same manner as if it were an appeal
under these rules.
(1) Nothwithstanding anything contained in these rules ---29A.
passed under these rules, when any new material or evidence which could not be produced or
was not available at the time of passing the order under revision and which has the effect of
changing the nature of the case has come, or has been brought, to his notice;
Provided that no order imposing or enhancing any penalty shall be made by the President
unless the Government servant concerned has been given a reasonable opportunity of making a
representation against the penalty proposed or where it is proposed to impose any of the major
penalties specified in rule 11 or to enhance the minor penalty imposed by the order ought to be
revised to any of the major penalties and if any enquiry under rule 14 has not already been held
in the case, no such penalty shall be imposed except after inquiring in the manner laid down in
rule 14, subject to the provisions of rule 19, and except after consultation with the commission
where such consultation is necessary.
PART IX - MISCELLANEOUS
The President may, at any time, either on his own motion of otherwise, revise any order30. Service of orders, notices etc.-
these rules shall be served in person on the Government servant concerned or communicated to
him by registered post.
Every order, notice and other process made or issued under31. Power to relax time limit and to condone delay.
these rules, the authority competent under these rules to make any order may, for good and
sufficient reasons or if sufficient cause is shown, extent the time specified in these rules for
anything required to be done under these rules or condone any delay.
113
-Save as otherwise expressly provided in32. Supply of copy of Commissions’ advice.- Whenever
provided in these rules, a copy of the advice by the Commission and where such advice has not
been accepted, also a brief statement of the reasons for such non-acceptance, shall be furnished
to the Government servant concerned along with a copy of the order passed in the case by the
authority making the order.
the Commission is consulted as33. Transitory provisions.-
publication of the Schedules under these rules, the Schedule to the Central Civil Services
(Classification, Control and Appeal) Rules, 1957, and the Civilians in Defence Services
(Classification, Control and Appeal) Rules, 1952, as amended from time to time, shall be deemed
to be the Schedules relating to the respective categories of Government servants to whom they
are, immediately before the commencement of these rules, applicable, and such Schedules shall
be deemed to be the Schedules referred to in the corresponding rules of these rules.
On and from the commencement of these rules and until the34. Repeal and Saving.-
(Classification, Control and Appeal) Rules 1957 and the Civilians in Defence Services
(Classification, Control and Appeal) Rules, 1952, and any notifications or orders issued
thereunder in so far as they are inconsistent with these rules, are hereby repealed;
Provided that-
(a) such repeal shall not affect the previous operations or anything done, or nay action,
taken, thereunder;
(b) any proceedings under the said rules, pending at the commencement of these rules
shall be continued and disposed of as far may be, in accordance with the provisions
of these rules, as it such proceedings were proceedings under these rules.
(2) Nothing in these rules shall be construed as depriving any person to whom these rules
apply, of any right right of appeal which had accrued to him under the rules, notification or
orders in force before the commencement of these rules.
(3) An appeal pending at the commencement of these rules against an order made before
such commencement shall be considered and orders thereon shall be made, in accordance with
these rules, as if such order where made and the appeal were preferred under these rules.
(4) As from the commencement of these rules any appeal or application for review against
any orders made before such commencement shall be preferred or made under these rules, as if
such orders were made under these rules :
Provided that nothing in these rules shall be construed as reducing any period of limitation for
any appeal or review provided by any rule in force before the commencement of these rules.
Subject to the provisions of the rule 33, the Central Civil Services35. Removal of doubts.-
these rules, the matter shall be referred to the President or such other authority as may be
specified by the President by general or special order, and the President or such other authority
shall deice the same.
SCHEDULE
See Rules 5, 9, 12 (2) and 24
If any doubt arises as to the interpretation of any of the provisions ofPart I-Central Civil Services, Group ‘A’
114
1. Archaeological Service (Group ‘A’)
2. Botanical Survey of India (Group ‘A’)
3. Central Engineering Service (Group ‘A’)
4. Central Electrical Engineering Service (Group ‘A’)
5. Central Health Service (Group ‘A’)
6. Central Revenue Chemical Service (Group ‘A’)
7. Central Secretariat Service-
(a) Selection Grade
(b) Grade A
8. General Central Service (Group ‘A’)
9. Geological Survey of India (Group ‘A’)
10. Indian Audit and Accounts Service
11. Indian Defence Accounts Service
12. Indian Foreign Service (Group ‘A’)
13. Indian Meteorological Service (Group ‘A’)
14. Indian Postal Service (Group ‘A’)
15. Indian Posts and Telegraphs Traffic Service (Group ‘A’)
16. Indian Revenue Service-
(a) Customs Branch (Indian Customs Service, Group ‘A’)
(b) Central Excise Branch (Central Excise Service, Group ‘A’)
(c) Income-Tax Branch (income-tax Service, Group ‘A’)
17. Indian Salt Service (Group ‘A’)
18. Mercantile Marine training Ship Service (Group ‘A’)
19. Mines Department (Group ‘A’)
20. Overseas Communication Service 20
21. Survey or India (Group ‘A’)
22. Telegraph Engineering Service (Group ‘A’)
23. Zoological Survey of India (Group ‘A’)
24. Indian Frontier Administrative Service -
(a) Grade I
(b) Grade II
25. Central Legal Service (Grades I, II, III & IV)
26. Railway Inspectorate Services (Group ‘A’)
27. Indian Foreign Service Branch (B)-
(a) General Cadre, Grade I
(b) General Cadre, Grade II
28. Delhi, Himachal Pradesh and Andaman and Nicobar Islands Civil Service, Grade I
29. Delhi, Himachal Pradesh and Andaman and Nicobar Islands Police Service, Grade I
30. Indian Inspection Service (Group ‘A’)
31. Indian Supply Service (Group ‘A’)
32. Central Information Service-
(a) Senior Administrative Grade
(b) Junior Administrative Grade
(c) Grade I
(d) Grade II
33. Indian Statistical Service
34. Indian Economic Service
35. Telegraph Traffic Service, (Group ‘A’)
36. Central Water Engineering Service (Group ‘A’)
37. Central Power Engineering Service (Group ‘A’)
115
117
Authority competent to impose penalties and penalties which it may impose (with reference to item
numbers in rule11)
Description of service Appointing
Authority
Authority Penalties
1 2 3 4
Section Officers Grade of the
Central Secretariat Services
excluding Section Officers with
Group ‘A’ status
President President
In respect of a member of the Service serving in :-
(a) a Minister or Department of the Government participating in the service, other
than a Ministry of Department hereinafter specified Secretary, Cadre Authority
(b) a Ministry or Department of the Government not participating in the Service, -
Secretary, in the Ministry or Department
(c) an attached office whether participating or not participating in the Service-
(i) if such office is under the control of a Head of the Department directly
under Government -
Head of the Department
(ii) in other cases-
Secretary,
Cadre Authority
(d) a non-Secretariat office other than an office hereinafter specified-
(i) if such office is under the control of a Head of the Department
directly under Government
Head of the Department
(ii) in other cases
Secretary,
Cadre Authority
(e) Ministry of Finance (Defence Division) Financial Adviser, Defence Division..
(f) Office of the Union Public Service Commission-
Secretary, Union Public Service Commission
All
(i)
(i)
(i)
(i)
(i)
(i)
(i)
118
Authority competent to impose penalties and penalties which it may impose (with reference to item
numbers in rule11)
Description of service Appointing
Authority
Authority Penalties
1 2 3 4
Assistant’s Grade of the President
Central Secretariat Service
President President
In respect of member of the Service Serving in :-
(a) a Ministry or Department of the Government participating in the Service, other
than a Ministry or Department hereinafter specified :-
Secretary,
Cadre Authority
(b) a Ministry or Department of the Government not participating in the Service :-
Secretary in the ministry or
Department
(c) an attached office whether participating or not participating in the Service :-
(i) such office is under the control of Head of the Department directly
under Government :-
Head of the Department
(ii) in other cases -
Secretary,
Cadre Authority
(d) a non-Secretariat office other than an office hereinafter specified -
(i) if such office is under the control of a Head of the Department
directly under Government :-
Head of the Department
(ii) in other cases :-
Secretary,
Cadre Authority
(e) Ministry of Finance (Defence Division) :-
Financial Adviser,
Defence Division
(f) Office of the Union Public Service Commission :-
All
(i) to (iv)
(i) to (iv)
(i) to (iv)
(i) to (iv)
(i) to (iv)
(i) to (iv)
(i) to (iv)
119
Secretary, Union Public Service Commission (i) to (iv)
Authority competent to impose penalties and penalties which it may impose (with reference to item
numbers in rule11)
Description of service Appointing
Authority
Authority Penalties
1 2 3 4
Central Secretariat Stenographers
Service, Grade I
President President
In respect of member of the Service serving in :-
(a) a Ministry or Department of the Government, participating in the Service, other
than a Ministry or Department hereinafter specified :-
Secretary,
Cadre Authority
(b) a Ministry or Department of the Government not participating in the Service :-
Secretary in the ministry or
Department
(c) an attached office whether participating or not participating in the Service :-
(i) if such office is under the control of Head of the Department directly
under Government :-
Head of the Department
(ii) in other cases :-
Secretary,
Cadre Authority
(d) a non-Secretariat office other than an office hereinafter specified -
(i) if such office is under the control of a Head of the Department directly
under Government :-
Head of the Department
(iii) in other cases :-
Secretary,
Cadre Authority
(e) Ministry of Finance (Defence Division) :-
Financial Adviser,
Defence Division
(f) Office of the Union Public Service Commission :-
All
(i)
(i)
(i)
(i)
(i)
120
Secretary, Union Public Service Commission (i)
121
Authority competent to impose penalties and penalties which it may impose (with reference to item
numbers in rule11)
Description of service Appointing
Authority
Authority Penalties
1 2 3 4
Central Secretariat Stenographers
Service, Grade II
President President
In respect of member of the Service serving in :-
(a) a Ministry or Department of the Government participating in the Service, other
than a Ministry or Department hereinafter specified :-
Secretary, Cadre Authority
(b) a Ministry or Department of the Government not participating in the Service :-
Secretary in the ministry or Department
(c) an attached office whether participating or not participating in the Service :-
(i) if such office is under the control of Head of the Department directly
under Government :-
Head of the Department
(ii) in other cases :-
Secretary, Cadre Authority
(d) a non-Secretariat office other than an office hereinafter specified -
(i) if such office is under the control of a Head of the Department directly
under Government :-
Head of the Department
(ii) in other cases :-
Secretary,
Cadre Authority
(e) Ministry of Finance
(Defence Division) :-
Financial Adviser,
Defence Division
(f) Office of the Union Public Service Commission :-
Secretary, Union Public Service Commission
All
(i) to (iv)}
(i) to (iv)}
(i) to (iv)}
(i) to (iv)}
(i) to (iv)}
(i) to (iv)}
(i) to (iv)
122
123
Authority competent to impose penalties and penalties which it may impose (with reference to
item numbers in rule11)
Description of service Appointing Authority Authority Penalties
1 2 3 4
Labour Officers, Group ‘B’
Postal Superintendents
Service, Group ‘B’
Postmasters’ Service,
Group ‘B’
General Central Service,
Group ‘B’
Posts in any Ministry or
Department of Government of
India, other than the posts in
respect of which specific
provision has been made by a
general or special order of the
President
Secretary, Ministry of
Labour
D.G. Posts
D.G. Posts
Secretary in the Ministry
of Department
Secretary, Ministry of Labour
In respect of a member of the Service serving in :-
Postal Department :- Head of the Circle;
D.G. Postal, Board
Head of Circle
D.G. Postal, Board
Head of Circle
Member Postal Board
Head of Circle;
Secretary in the Ministry or
Department
All
(i) to (iv)
All.
(i) to (iv)
All.
(i) to (iv)
(i) to (iv)
(i) to (iv)
All
124
Authority competent to impose penalties and penalties which it may impose (with reference to
item numbers in rule11)
Description of service Appointing Authority Authority Penalties
1 2 3 4
Posts outside a Ministry or
Department of Government of
India, other than the posts in
respect of which specific
provision has been made by a
general or special order of the
President.
In respect of Posts in an
Office under the control
of a “Head of a
Department” directly
under the Government –
In respect of other Posts
Head of the Department
Secretary in the Ministry of Department
All
All
125
Part-III Central Civil Services, Class III
Authority competent to impose penalties and penalties which it may impose (with
reference to item numbers in rule11)
Appellate
Authority
Description of
service
Appointing
Authority
Authority Penalties
1 2 3 4 5
Central Secretariat
Clerical Service,
Upper Division and
Lower Division
Grades
Deputy Secretary,
Cadre Authority
Deputy Secretary, Cadre Authority,
In respect of a member of the Service serving in :-
(a) A Department/Office other than the Cadre
Authority where the head of the office is of a
rank not below that of Deputy Secretary or
Director (Junior Administrative Grade).
(b) Ministry of Finance (Defence)
(c) Deputy Secretary or an Officer of the rank of
Deputy Secretary
(d) Director General of Posts
(e) Office of the Inspector General, Delhi Special
Police Establishment
(f) Office of Chief Engineer Central Public
Works Department
(g) Director General of Supplies and Disposals
(h) Central Water and Power Commission
All Head of the
office (i) to (iv)
Deputy Financial Adviser
(i) to (iv)
Private Secretary
Administration (i) to (iv)
Secretary Postal Board
(i) to (iv)
Deputy Inspector General
(i) to (iv)
Director of
Administration (i) to (iv)
Director of
Administration (i) to (iv)
Secretary Central Water
and Power Commission
(i) to (iv)
Secretary, Cadre
Authority,
Secretary, Cadre
Authority
Financial Adviser
Defence Dn.
Principal Private
Secretary to Prime
Minister
Member Administration
Postal Board
Inspector General
Chief Engineer
Director General
Supplies and Disposals
Chairman, Central Water
and Power Commission
Authority competent to impose penalties and penalties which it may impose
(with reference to item numbers in rule11)
Appellate
Authority
Description of service Appointing
Authority
Authority Penalties
1 2 3 4 5
Postal Accountant
Service
Sr. Accountant
Jr. Accountant
Member,
Postal Board
Member, Postal Board
Deputy Director,
Postal Life Insurance
Secretary Postal Board
Principal Training Centre, Saharanpur
All
(i) to (iv)
(i) to (iv)
D.G. Postal
Secretary Postal Board
Member Postal Board.
127
Authority competent to impose penalties and penalties
which it may impose (with reference to item numbers in
rule11)
Appellate
Authority
Description of service Appointing Authority Authority Penalties
1 2 3 4 5
128
General Central Service, Group
‘C’
Posts in Ministries/Departments of
Government other than the posts in
respect of which specific provision
has been made by a general or special
order
Posts in non-Secretariat Offices other
than the posts in respect of which
specific provision has been made by a
general or special order of the
President
Deputy Secretary in
the
Ministry/Department
of Government
Head of Office
Deputy Secretary in the
Ministry/Department of
Government
Head of Office
All
All
Secretary in the Ministry
or Department of
Government
If such head of office is
subordinate to a ‘Head
of Department’ under
the Ministry of
Department of
Government, such Head
of Department
If the head of the Office
is himself the Head of
Department or is not
subordinate to any Head
of Department, the
Secretary in the Ministry
or Department of
Government.
129
Part-IV-Central Civil Services, Group ‘D’
Authority competent to impose penalties and
penalties which it may impose (with reference to
item numbers in rule11)
Appellate
Authority
Description of service Appointing Authority Authority Penalties
1 2 3 4 5
General Central Services Group
‘D’
Posts in Ministries or
Departments of Government other
than the posts in respect of which
specific provision has been made
by a general or special order of
the President.
Posts in non-Secretariat other than
posts in respect of which specific
provision has been made by a
general or special order of the
President
Under Secretary
Head of Office
Under Secretary
Head of Office
All
All
Deputy Secretary
If such head of office is
subordinate to a Head of
Department under the
Ministry or department of
Government such Head of
Department.
If the head of the Office is
himself the Head of
Department or is not
subordinate to a Head of
Department, the Secretary in
the Ministry or Department
of Government
130
Authority competent to impose penalties and penalties
which it may impose (with reference to item numbers in
rule11)
Appellate
Authority
Description of service Appointing Authority Authority Penalties
1 2 3 4 5
Post in Union Territories Head of Office or such other
authority as may be specified by
the Administrator
Head of Office or such other
authority as may be
specified by the
Administrator
All Administrator or such
authority as may be
specified by the
Administrator where the
order is that of the
Administrator, the
President.
131
Part V-General Central Services Group ‘B’
Authority competent to impose penalties and penalties which it may
impose (with reference to item numbers in rule11)
Description of service Appointing Authority Authority Penalties
1 2 3 4
Postal Department :
All posts other than those
hereinafter specified
Postal Board Postal Board
Head of Circle ;
Member (P) Postal Board
All
(i) to (iv)
132
Part VI-General Central Services Group ‘C’
Authority competent to impose penalties
and penalties which it may impose (with
reference to item numbers in rule11)
Appellate
Authority
Description of service Appointing Authority Authority Penalties
1 2 3 4 5
Office of the Director-General Posts
All Posts Secretary, Postal Secretary Postal Board.
Assistant-Director-General
Administration)
(in respect of non-Secretariat
Posts maximum of which
does not exceed Rs. 560-)
All
(i) to (iv)
Member (P) Postal Board
Secretary, Postal Board
Circle Office and Returned Letter
Office
Office Superintendent
Staff in Higher or Lower selection
Grade or on identical scale of pay,
Stenographer to Head of Circle,
Building Overseer, Selection grade
Draftsman.
Head of Circle
Addl P.M.G.
Director of Postal
Services, Accounts and
Finance, Head of
Circle/(in Circle having
no post of Director)
Addl. P.M.G.
Head of Circle/Addl P.M.G.
Director of Postal Services.
Director of Postal Services,
Directr Accounts and
Finance, Head of Circle (in
Circle having no post of
Director)
Assistant Postmaster
General, Chief Accounts
Officer
All
(i) to (iv)
All
(i) to (iv)
Member (P) Postal Board
Head of Circle.
Head of Circle, Member (P) Postal
Board (in Circle having no post of
Director)
Director of Postal Services
Director of Accounts and finance,
Head of Circle (in Circle having
no post of Director
133
Authority competent to impose penalties and
penalties which it may impose (with reference to
item numbers in rule11)
Appellate
Authority
Description of service Appointing Authority Authority Penalties
1 2 3 4 5
All other posts Director of Postal
Services
Director of Accounts and
Finance, Assistant
Postmaster General or
Chief Accounts Officer
(in Circle having no post
of Director)
Director of Postal Services
Director of Accounts and Finance,
Assistant Postmaster General or
Chief Accounts Officer (in Circle
having no post of Director).
Assistant Postmaster General,
Chief Accounts Officer.
Assistant Director,
Accounts Officer
Assistant Postmaster General,
Assistant Director of Postal
Services
All
(i) to (iv)
(i) to (iv)
(i) to (iv)
Head of Circle.
Director of Postal Services,
Director of Accounts and
Finance, Head of Circle (in
Circle having no post of
Director)
Assistant Postmaster General,
Chief Accounts Officer.
Director of Postal Services. (in
Major Circles); Dy. Director (in
major Circles, where there is no
post of Director of Postal
Services and in minor Circles).
134
Authority competent to impose penalties and
penalties which it may impose (with reference to
item numbers in rule11)
Appellate
Authority
Description of service Appointing Authority Authority Penalties
1 2 3 4 5
Savings Bank Control
Organisation in Head Post
Office including Central Control
Organization Ministerial
Staff in selection Grades
Ministerial staff in Clerical
Grades
Internal Check Organisation in
Circle Offices.
Ministerial staff in Selection
Grades.
Ministerial staff in Clerical
Grades
Director of Postal
Services (Region)
Director of Postal
Services.
Director of Postal
Services.
Director of Postal
Services/Deputy
Director.
Director of Postal Services Region
Accounts Officer
Director of Postal Services/Deputy
Director.
Accounts Officer
Director of Postal Services.
Accounts Officer
Director of Postal Services/Deputy
Director.
Accounts Officer
All
(i) to (iv)
All
(i) to (iv)
All
(i) to (iv)
All
(i) to (jv)
Postmaster General Member
(Administration).
Director of Postal
Services/Regional Director
Postal Services.
Head of Circle
Director of Postal
Services/Deputy Director.
Postmaster General/Member (P)
Director of Postal
Services/Deputy Director.
Head of Circle
Director of Postal
Services/Deputy Director.
135
POSTAL SAVINGS BANKS UNDER THE
CHARGE OF MANAGERS, GRADES I, II AND III
Authority competent to impose penalties and
penalties which it may impose (with reference to
item numbers in rule11)
Appellate
Authority
Description of service Appointing Authority Authority Penalties
1 2 3 4 5
Manager, Grade II/III;
Asstt. Manager, Grade II/III
Upper Division Clerk
(including Selection Grade
Upper Division Clerk);
Lower Division Clerk.
Director of Postal Services
Director of Postal Services.
Director of Postal Services
Manager, Grade-I (in his own office);
Asstt. Postmaster General (in other
offices).
Director of Postal Services.
Manager, Grade, I (in his own office);
Asstt. Postmaster General (in other
offices).
Manager Grade II (in respect of
Lower Division clerk and Upper
Division clerk excluding Selection
Grade Upper Division clerk in his
own office).
All
(i) to (iv)
All
(i) to (iv)
(i)
Postmaster-General
Director of Postal Services.
Postmaster-General
Director of Postal Services
Asstt. Postmaster-General
136
Authority competent to impose penalties
and penalties which it may impose (with
reference to item numbers in rule11)
Appellate
Authority
Description of service Appointing
Authority
Authority Penalties
1 2 3 4 5
.Office of the Deputy Director Postal Life
Insurance
Ministerial staff in higher and lower selection
grades.
All other posts
Foreign Post Office
All other posts
DPLI Directorate
Dy. DPLI
Deputy Director,
Foreign Post
Superintendent of
Foreign Post
DPLI Directorate
Dy. DPLI
Dy. DPLI
Deputy Director Foreign
Post (in his own group);
Superintendent of Foreign
Post in respect of staff
Working under his
control).
Deputy Director,
Foreign Post.
Superintendent of Foreign
Post
All
(i) to (iii)
All
(i) to (iv)
All
Member (P) Postal Board
DPLI Directorate
DPLI Directorate
Director of Foreign Post; Director
of Postal Services;
Director of Foreign Post; Director
of Postal Services; Director (in
respect of minor penalties).
137
Authority competent to impose penalties
and penalties which it may impose (with
reference to item numbers in rule11)
Appellate
Authority
Description of service Appointing
Authority
Authority Penalties
1 2 3 4 5
Office of the Superintendent, Postal
Forms and seals
Post in Higher and Lower Selection Grades
All other posts
Director (Staff),
Postal Directorate
Superintendent
Director (Staff), Postal
Directorate
Superintendent
Superintendent
All
(i) to (iv)
All
Member (P) Postal Board.
Director (Staff), Postal
Directorate
Director (Staff), Postal
Directorate
138
Authority competent to impose
penalties and penalties which it may
impose (with reference to item
numbers in rule11)
Appellate
Authority
Description of service Appointing Authority Authority Penalties
1 2 3 4 5
Office of Supdt. Postal Stores Depot
Posts in Higher and Lower Selection
Grades
All other Posts
Offices of the Manager, Posts Mail Motor
Service.
Staff on deputation to Mail Motor Service.
Staff in Selection Grades; Garage Foreman
Drivers; Despatch Riders
All other posts
Director of Postal Services
Superintendent
Appropriate appointing
authority in their respective
parent offices.
Director of Postal Services
Manager
Manager
Director of Postal
Services;
Superintendent
Superintendent
Director of Postal
Services.
Manager
Director of Postal
Services
Manager
Deputy Manager
Manager
All
(i) to (iv)
All
All
(i) to (iv)
All
All
(i) to (iv)
All
Postmaster General, Member (P)
Director of Postal Services
Director of Postal Services
Postmaster-General
Director of Postal Services.
Postmaster-General
Director of Postal Services.
Manager
Director of Postal Services
139
Authority competent to impose
penalties and penalties which it may
impose (with reference to item
numbers in rule11)
Appellate
Authority
Description of service Appointing Authority Authority Penalties
1 2 3 4 5
Postal Training Centre
Ministerial Staff in Higher and Lower
Selection Grades; Instructor in Higher and
Lower Selection Grades; Instructor in the
cadre of Inspectors of Post Offices and
Railway Mail Service; Resident Medical
Officer; Artist Designer.
Ministerial staff in “Clerical Grades”;
Principal Instructor; Physical Training
Instructor.
Mechanics; Motor Driver; Compounder;
Carpenter.
Departmental Official deputed for
Training.
All other posts
Director (EPT.)
Postal Directorate
Principal
Principal
Principal
Director (EPT.)
Postal Directorate
Principal
Principal
Principal
Vice-Principal
Principal
Principal
All
(i) to (iv)
All
All
(i) to (iv)
(i) to (iv)
All
Member (Admn.)
Postal Board
Director (EPT)
Postal Directorate
Director (Staff), Postal
Director (Staff), Postal
Principal
Director (Staff), Postal
Director (Staff), Postal
140
.Office of the Superintendent Engineering, Wing and other offices under his jurisdiction
Authority competent to impose penalties and
penalties which it may impose (with reference
to item numbers in rule11)
Description of service Appointing Authority Authority Penalties Appellate Authority
1 2 3 4
All Posts Superintendent
Engineer
Superintendent Engineer.
Executive Engineer.
All
(i) to (iii)
Member, (Administration) Postal Board.
Superintending Engineer.