Conduct & Disciplinary Rules – 137 : (Compiled By Com Kayveeyes)
Disciplinary Rules – An introduction
Disciplinary proceedings - Why, When and How?
1. The code of conduct is made applicable to Government servants, in the form of CCS (Conduct) Rules. Similarly, different kinds of rules to regulate the performance of employees in each organization under the Government are evolved by the Government Department/organization. Disciplinary rules are invoked when there is a violation of these rules. In other words, committing an offence in contravention of the rules of conduct is the reason for initiating disciplinary proceedings against a Government Servant. It will be initiated only when the appropriate disciplinary authority decides. It is also necessary that the disciplinary authority should follow the prescribed procedure in CCS (CCA) Rules, 1965 scrupulously while initiating, conducting and concluding such proceedings.
2. In the CCS (CCA) Rules 1965, there are 35 Rules divided into nine parts in total. Part I contains three rules under the caption of “General”. Rule 3 deals with the application of these rules in the disciplinary proceedings. All (regular) Government servants are civil servants under these rules. In the Department of Posts, there is a separate set of disciplinary rules for GDS called as Gramin Dak Sevaks (Conduct and Engagement) Rules 2011. Rule (Note II (V) below Rule 3) (Terms and conditions of engagement Rule (v) says “A. Sevak shall be out of the civil service of the union”. The GDS is always kept away from the purview of CCS (Conduct) Rules and CCS (CCA) Rules.
3. Disciplinary Authority has been defined in Rule 2 (g) of the CCS (CCA) Rules 1965 as under: -
"Disciplinary Authority means, the authority competent under these rules to impose on a Government servant any of the penalties specified in Rule-11. More about the Disciplinary Authority such as who are all can function as Disciplinary Authority, the circumstances under which the appointment of ad-hoc Disciplinary Authority become necessary, position of officers holding current charges, the authorities who can initiate disciplinary proceedings, etc. are specifically laid down in Rule 12 ibid and Government of India instructions thereunder
4. Part II: - This contains Rule 4 to Rule 7. Civil posts and civil services have been classified in Group A, B, C, D. categories.
5. Part III deals with Rule 8 (Appointment to class I services) Rule 9 (Appointment to other services & posts).
6. Part IV (Suspension) is an important portion in the CCS (CCA) Rules. It bears only one Rule with No 10.