Conduct & Disciplinary Rules - 25 : Article from Mr. K.V.Shridharan
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C.C.S. (C.C.A.) RULES, 1965 – AN INTRODUCTION
LET US BEGIN WITH THE NEW CHAPTER OF CCS CCA RULES 1965 NOW.
1. A Government servant has to abide by the provisions of the CCS (Conduct) Rules, 1964. For violation of the provisions of the said rules, a Government servant becomes liable to face disciplinary action under the provisions of the CCS (CCA) Rules, 1965.
2. In case there is an allegation of criminal misconduct against a Government servant, criminal prosecution is initiated and his case is sent for trial in the Court of law.
3. Ordinarily, there is no bar for holding both criminal prosecution and departmental disciplinary proceeding simultaneously against a Government servant.
4. On receipt of a complaint/allegation of misconduct against a Government servant, a preliminary investigation is held and depending on the facts and circumstances of a case, an accused Government servant may be placed under suspension in public interest pending initiation of departmental proceeding or criminal trial.
5. For proved misconduct, a Government servant may be punished by imposing minor penalty for minor misconduct or major penalty for grave misconduct.
6. For imposing major penalty, an inquiry has to be conducted. No inquiry is required to be held under the following circumstances:
(a) For imposing a minor penalty;
(b) For imposing appropriate penalty including dismissal from service on the ground of conduct which has led to conviction of a Government servant by a court of law on a criminal charge;
(c) Where it is not reasonably practicable to hold an inquiry, and
(d) Where the President of India is satisfied that in the interest of the security of the State, no inquiry should be held. It is open to an aggrieved Government servant to prefer an appeal/ revision petition against an order of punishment. Lastly, an aggrieved Government servant may knock the door of the Central Administrative Tribunal (CAT) by filing an Original Application for relief.