CCS (CCA) RULES 1965 High-yield revision sheet

Core Principle/Rule: Suspension is an administrative action taken to temporarily keep an employee away from the workplace during an investigation or trial; it is strictly not a penalty under the CCS (CCA) Rules 1965.

Key Facts:

• Deemed Suspension (Rule 10(2)): An employee is automatically placed under deemed suspension if detained in custody—whether on a criminal charge or otherwise—for a period exceeding 48 hours, or if convicted and sentenced to imprisonment exceeding 48 hours.
• Review Timeline: An order of suspension is valid for 90 days. It becomes invalid after 90 days unless a Review Committee reviews and extends it before that period expires.
• Exception to Review: If a government servant continues to be detained in custody, the review process becomes a mere formality; the employee remains under deemed suspension without a mandatory functional review.

Core Principle/Rule: Disciplinary penalties are strictly classified as “Minor” or “Major” according to their severity and effect on the employee’s career trajectory and pension.

Key Facts:

Core Principle/Rule: The strictness of an administrative inquiry is directly proportional to the severity of the proposed penalty.

Key Facts:

• Rule 14: Prescribes the elaborate procedure for imposing major penalties. It requires a formal charge sheet, appointment of an Inquiry Officer (IO), and a Presenting Officer (PO) to lead the evidence on behalf of the Disciplinary Authority.
• Rule 16: Prescribes the summary procedure for minor penalties. Generally, it needs only a memorandum (show-cause notice) setting out the imputations of misconduct and consideration of the employee’s written representation. No formal IO/PO inquiry is strictly required.
• The Exception: If the Disciplinary Authority proposes withholding an increment for more than three years or with cumulative effect (affecting pension), the detailed Rule 14 inquiry procedure must be followed.

Core Principle/Rule: In special circumstances, the Disciplinary Authority may bypass the lengthy Rule 14 inquiry procedure and summarily impose a major penalty, including dismissal.

Key Facts:

• Criminal Conviction: If a government servant is convicted on a criminal charge by a court of law, the Disciplinary Authority may immediately impose a penalty based on that conviction without conducting a departmental inquiry.
• Security of State: A formal inquiry may also be bypassed if the President or Governor is satisfied that holding an inquiry is not expedient in the interest of the security of the State.