DAY-4 - IPO EXAM - CCS (CCA) RULE -1965

1. What is the power of the prescribed punishing authority?

i. A penalty can be imposed only by the prescribed punishing authority.

ii. An appellate authority or any other authority higher than the appropriate punishing authority cannot exercise any concurrent original disciplinary jurisdiction.

iii. In no circumstance the authority higher than the punishing authority should issue any direction in regard to the penalty to be imposed.

2. What is the memorandum of charges?

i. When an employee is charged with an offence and it is proposed to take disciplinary action against him, every opportunity should be given to him explaining the charges.

ii. A memorandum of charges with four annexure is prepared.

a)Statement of articles of Charge.

b)Statement of imputation of misconduct or misbehavior in support of article charge.

c)List of documents by which each articles of charge are proposed to be sustained.

d) List of witness by whom each articles of charge are proposed to be sustained.

iii. The memorandum is delivered to the delinquent Government servant who is asked to submit his written statement of defense and to whether he desired to be heard in person.

3. What is ‘common’ proceeding?

i. When two or more Government Servants are concerned in any case, the President or any other authority competent to impose the penalty of dismissal from service on all such Government servants may make an order directing that disciplinary action against all of them may be taken in a common proceeding.

ii. If the authorities competent to impose the penalties of dismissal on such Government Servants are different, an order for taking disciplinary action in a common proceeding may be made by the highest of such authorities with the consent of the others.

iii. Joint proceeding against the accused and accuser is an irregularity which should be avoided.

4. What are the circumstances in which procedure contained in Rule 14 to Rule 18 of CCS (CCA) 1965 could not be followed?

The Displinary authority may consider the following circumstances and make such orders thereon as it deems fit -

i. Where any penalty is imposed on a Government on conduct which has led to his conviction on a criminal charge.

ii. Where the disciplinary authority is satisfied for the reasons to be recorded in writing that it is not reasonably practicable to hold an inquiry in the manner provided in the rules.

iii. Where the president is satisfied that in the interest of the security of the state, it is not expedient to hold an inquiry in the manner provided in the rules.

The Government servant may be given an opportunity of making representation on the penalty proposed to be imposed before any order is made in the case where any penalty is imposed on a Government servant on the conduct which has led to his conviction on a criminal charge.

(Rule 19 of CCS CCA 1965)

5. What are the annexure of memorandum of charge in respect of rule 16 proceedings?

i. Statement of imputation of misconduct of misbehavior in support of the articles of charge.

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