Penalty Proceedings Against Government Servant: Lok Sabha Q&A

GOVERNMENT OF INDIA

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

LOK SABHA

ANSWERED ON 09.07.2014

(a) the details of provisions regulating major and minor penalties including censure being imposed upon Government servants on being found guilty and convicted;

(b) the number of cases registered involving major penalty proceedings and punishment awarded on conviction during each of the last three years and the current year, case-wise; and

(c) the corrective measures taken or being taken by the Government to streamline the pending proceedings against Government servants?

Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office. (DR. JITENDRA SINGH)

(a): Article 311(1) of the Constitution provides that no person who is a member of the civil service of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed. Again as per Article 311(2) no such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.

Disciplinary proceedings under the Central Civil Services (Classification, Control and Appeal) Rules, 1965 [CCS(CCA)Rules, 1965] can be initiated against a Government Servant for violation of the provisions of the Central Civil Services (Conduct) Rules, 1964. The procedures for imposition of major penalties minor penalties are prescribed in the Rule 14 and Rule 16 of the [CCS(CCA)Rules, 1965], respectively. There are similar provisions in Rules governing the All India Services.

A list of Minor and Major penalties that may be imposed on a Government servant for good and sufficient reasons as provided in Rule 11 of CCS (CCA) Rules is annexed.

(b): The data on cases registered involving major penalty proceedings and punishment awarded on conviction are not centrally maintained.

(c): It is the endeavour of the Government to strengthen and streamline the institutional mechanism for disciplinary proceedings.

In order to check delays in completion of disciplinary proceedings, guidelines for monitoring and expeditious disposal of the disciplinary proceedings cases have been issued on 29th November, 2012.

ANNEXURE

MINOR PENALTIES

(i) Censure;

(ii) Withholding of his promotion;

(iii) Recovery from his pay of the whole or part of any pecuniary loss caused the Government by negligence or breach of orders;

(iii a) 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 time scale of pay , grade, post or service;

(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.