Major penalty under rule 11 of the ccs (cca) rules 1965
Dr Sangh Mittra
(Querist) 05 April 2012
This query is : Resolved
Sir,
Is the major penalty of Compulsory retirement with disqualification for employment in any capacity in an Organisation (which has adopted mutatis mutandis CCS (CCA) Rules 1965), fully funded by the Central Government and a State within the meaning of Article 12 of the Constitution of India ; served upon me legal as
"the compulsory retirement" is a penalty under Rules 11 (vii)
and "a disqualification for future employment under the Government" is found under Rule 11 (ix) where the penalty of dismissal from service is served ?
For Convenience of the Experts the Rule 11 of CCS (CCA) Rules 1965 is reproduced.
11. PENALTIES:
The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on a Government servant, namely:-
Minor Penalties -
(i) censure;
(ii) withholding of his promotion;
(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;
(iiia) reduction to a lower stage in the time-scale of pay by one stage for a period not exceeding three years, without cumulative effect and not adversely affecting his pension.
(iv) withholding of increments of pay;
Major Penalties -
(v) save as provided for in clause (iii) (a), 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 will earn increments 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 lower time-scale of pay, grade, post or Service for a period to be specified in the order of penalty, which shall be a bar to the promotion of the Government servant during such specified period to the time-scale of pay, grade, post or Service from which he was reduced, with direction as to whether or not, on promotion on the expiry of the said specified period -
(a) the period of reduction to time-scale of pay, grade, post or service shall operate to postpone future increments of his pay, and if so, to what extent; and
(b) the Government servant shall regain his original seniority in the higher lime scale of pay, grade, post or service.]
{Substituted vide the Central Civil Services (Classification, Control and Appeal) Amendment Rules, 2009 notified vide F. No. 11012/2/2005-Estt (A)}
(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.
Provided that, in every case in which the charge of possession of assets disproportionate to known-source of income or the charge of acceptance from any person of any gratification, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act is established, the penalty mentioned in clause (viii) or clause (ix) shall be imposed:
Provided further that in any exceptional case and for special reasons recorded in writing, any other penalty may be imposed.
Does the last sentence starting with Provided.. and ending with imposed be taken as a sanction for combining two or more from the list of penalties under the heading Major Penalties?
Sudhir Kumar, Advocate
(Expert) 06 April 2012
Is it PSU?
Have they adopted CCS(CC&A) Rules or framed their own CDA Rules?
Whethe the penalty iimposed figures anywhere in this lest?
Murali Krishna
(Expert) 06 April 2012
There is no such punishment under the rules as CCS(CC&A)rules mutatis mutandis are applicable to your organisation.
A punishment which does not fall in any of the enumerated punishments in the rules cannot be imposed.
In your case, the punishement is compulsory retirement coupled with disqualifying you for future employment is irregular and illegal.
There is no bar under the rules for imposing more than one penalty, but a penalty which was not mentioned in the rules cannot be imposed.
Guest
(Expert) 06 April 2012
Dear Dr. Mitra,
Two or more penalties or parts of such penalties cannot be awarded in combination in any disciplinary case, if the organisation is governed by the CCS (CCA) Rules.
The order being irregular, you must first submit an appeal to the appellate authority in time to highlight the irregularity in the order and ask for cancellation of the order, being void in law, and also for your exoneration from the charge.
