Gist of CCS (CCA) Rules 1965 -6 Rules 11 to 13 Minor & Major Penalties, Disciplinary authority. Authority to initiate proceedings
Rule, Procedure and Protection of Rights of employees
37. The first major penalty under Rule 11 (v) is that “Save as Provided for in clause (III) (a)., Reduction to lower stage in the Time scale of pay for a specified period with further direction as to whether the Govt servant will earn or will not earn increments of pay during the period of such reduction and whether on the expiry of such period reduction will or will not have the effect of post poning the future increments of his pay.
38. Only point to be noted as that if the penalty order directed that period of reduction will earn increments, it cannot be direction that reduction will have the effect of postponing future increments.
39. The second major penalty is reduction to lower Time scale of pay, Grade, post or service which shall ordinarily be a bar to the promotion of Govt servant to the time scale of pay, Grade, post or service from which he was reduced with or without further direction regarding condition of restoration to the grade, post or service from which the Govt servant was reduced and his seniority and pay, on such restoration to that grade, post or service. This rule has been amended in GOI., DO per & trg notification no F. No.110.12/2/2005-Estt (A). dated 2-2-2010. as below.
“In the CCS (CCA) Rules 1965, in Rule 11, for clause (VI) the following clause shall be substitued namely –
(VI) Reduction to lower time scale of pay, grade, post or service for a period specified in the order of penalty, which shall be a bar to the promotion of the Govt. servant during such specified period to the time scale of pay, post, grade or service, from which he was reduced with direction as to, whether or not on promotion on the expiring of the specified period:-
a) the period of reduction to time scale of pay, grade, post, or service shall operate to post pone. future increments of his pay and if so, to what extent and.
b) the Govt. servant shall regain his original seniority in the higher time scale of pay, grade post or service.
c) The third major penalty is compulsory retirement which is prescribed in Rule 11 (VII) of CCS (CCA) Rules, 1965. The effect of compulsory retirement is prescribed in Rule 40, CCS (Pension) Rules 1972. The intention of this Rule 40 (compulsory Retirement Pension) is that persons on whom penalty of compulsory retirement is imposed, should ordinary be granted the full compensation pension, and retirement gratuity admissible on the data of compulsory retirement. The compensation pension is described in Rule 39 of CCS (pension) Rules 1972. Further Rule 40 (1) of CCS (pension Rules 1972 provide provisions enabling the punishing authority to reduce the pension or gratuity or both as a rule, not less than two thirds of pensionary benefits admissible to him.
40. The fourth major penalty under Rule 11. (VIII) is removal from service.
41. As per FR 41 (1) A Govt. servant who is removed from service shall forfeit his pension and gratuity. Under the provision to FR 41 (1), if the Govt servant who is removed, deserves of special considerations, the authority who’s competent to remove. may sanction a compassionate allowance which is limited to two third of the compensation pension.
42. The last major penalty under Rule 11 (IX) is Dismissed from service. This is the extreme penalty. Even the victim of this penalty, can be considered for grant of compassionate allowance under FR 41 (1) proviso by the punishing authority when he considers, the good service and family burden of the employee. who is in the interest of public service required to be dismissed from service.
43. Rule 12 describes who are disciplinary authorities, Rule 13 prescribes authority to institute proceedings.
Courtesy : yourskayveeyes.blogspot.com
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