DAY-8 - IPO EXAM - CCS (CONDUCT) RULES, 1964

Day-8 - IPO Exam - CCS (Conduct) Rules, 1964 

1. Short title, Commencement and application

2. Definitions

3. General

3-A. Promptness and Courtesy

3-B. Observance of Government’s Policies

3-C. Prohibition of sexual harassment of working women

4. Employment of near relatives of Government Servant in companies or firms.

5. Taking part in the politics and elections.

6. Joining of Associations by Government Servants

7. Demonstration and Strikes.

8. Connection with Press or other media

9. Criticism of Government

10. Evidence before committee or any other authority

11. Communication of official information

12. Subscriptions

13. Gifts

13-A. Dowry

14. Public demonstration in honor of Government Servants.

15. Private trade or employment

15-A. Subletting and vacation of Government accommodation

16. Investments, lending and borrowing

17. Insolvency and habitual indebtedness

18. Movable, immovable and valuable property

18-A. Restrictions in relationto acquisition and disposal of immovable property outside india and transactions with foreigners.

19. Vindication of Acts and character of Government Servant

20. Canvassing of non-official or other outside influence

21. Restriction regarding marriage.

22. Consumption of intoxicating drinks and drugs.

22-A. Prohibition regarding employment of children below 14 years of age

23. Interpretations

24. Delegation of Powers

25. Repeal and Savings

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Day-7 - IPO Exam - CCS (CCA) Rules, 1965

Day-7 - IPO Exam - CCS (CCA) Rules, 1965

1. Is there any provision for withholding of appeal?

There is no provision for withholding of appeal. All appeals are now to be addressed direct to the appellate authority with a copy forwarded the authority which made the orders appealed against.

2. Describe ‘de novo’ proceedings’.

The appellate authority has powers, after due consideration of the appeal to set aside the punishment order and to remit the case for de novo trail to the authority which imposed the penalty with directions as he may deem fit. Such an order can specify the particular stage from which the re-trail should be conducted. This is called as ‘de novo’ proceedings.

3. What is a revision?

1) A revision is the process in which the president, the member (Personnel), Postal Service Board, a head of the Department directly under the Central Government, an appellate authority or any other authority specified in the behalf of President may at any time, of its own motion or otherwise call for records of an inquiry in a disciplinary and pass appropriate orders as it may deem fit.

2) Such revision may be conducted only when appeal submitted is disposed of. If no appeal has been preferred, revision should be made only after the expiry of the period of limitation of an appeal.

3) In case of revision, by the appellate authority, it should be conducted within six months of the date of the order proposed to be revised.

4) If, after revision, it is proposed to impose any penalty of enhance the penalty already awarded by the Disciplinary Authority, no order is passed without giving a reasonable opportunity to the Government Servant concerned of making representation against the penalty proposed.

5) If it is proposed to impose any one of the major penalties or enhance the penalty to any one of the major penalties, an inquiry in the matter laid down in Rule 14 of CCS CCA Rules, 1965 should be conducted. (Rule 29 of CCS CCA 1965)

4. What is a review?

The President may, at any time, either on his own motion or otherwise review any order passed under these rules, when any new material or evidence which could not be produced or was not available at the time of passing the order under review and which has the effect of changing the nature of the case, has come, or has been brought to his notice (Rule 29-A)

It may be noted that while the President and other authorities enumerated in Rule 29, exercise the power of revision under that rule, the power of review under Rule 29-A, is vested the President only and not in any other authority.

5. Who the competent authority to issue punishment oreder?

1) Power to impose is a statutory power.

2) It cannot be delegated.

3) It cannot be taken over by the supervisor.

4) Punishment should be communicated by the competent authorities under their own names. It should be communicated by the lower authority.

Source : https://finaclesolution.blogspot.com/

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DAY-6 - IPO EXAM - CCS (CCA) RULES, 1965

1. What are the orders against which appeal lies? 

A Government servant may prefer an appeal against the following:-

1) An order of suspension made or deemed to have been made.

2) An order imposing any of the penalties specified in Rule 11 whether made by the Disciplinary Authority or by any appellate or revising authority.

3) Any order which denies or varies to his disadvantage his pay, allowances, pension or other conditions of service as regulated by the rules.

4) Any order reducing or withholding pension, gratuity etc.

5) Any order regarding regularization of period of suspension or deemed suspension and pay and allowances for the period.

2. Is there any provision to withdraw the appeal or petition already made?

The question of whether an appeal or a petition after it has been submitted should be allowed to be withdrawn or not is within the discretion of the authority to which the appeal or petition has been addressed. The discretion in the matter rests entirely with the competent authority.

3. What is the period of limitation of appeals?

No appeal shall be entertained unless such appeal is preferred within a period of 45 days from the date on which a copy of the order appealed against is delivered to the appellant.

The appellate authority may entertain the appeal after the expiry of the said period, if it is satisfied that the appellant had sufficient cause for not preferring the appeal in times.

4. To whom appeal is to be preferred in case of a disciplinary order against an office bearer of an association or union in respect of activities as office bearer?

Such appeals may be preferred to the President.

5. What is form and contents of an appeal?

1) Every person preferring an appeal shall do so separately and in his own name.

2) The appeal shall be presented to the authority to whom the appeal lies, with a copy being forwarded by the appellant to the authority which made the order appealed against.

3) It shall contain all material statements and arguments on which the appellant relies upon, shall not contain any disrespectful or improper language and shall be complete in itself.

4) On receipt of a copy of the appeal , the authority which made the order appealed against shall forward the same with its comments thereon together with the relevant records to the appellate authority without any avoidable delay and without waiting for any direction from the appellate authority.

Source : https://finaclesolution.blogspot.com/

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Day-1: - IPO Exam - Central Civil Services (Classification, Control and Appeal)

IPO Exam - Central Civil Services (Classification, Control and Appeal)

1. What is the full form of CCS (CCA) Rules? – Central Civil Services (Classification, Control and Appeal)

2. In which year the CCS (CCA) rules were framed – 1965

3. Who is authorized to frame rules to regulate the recruitment and condition of services of central government employees? – President of India

4. Name of two essential features of the inquiry provided in Article 311 –

i. The government servant has to be informed of the charges.

ii. He must be given reasonable opportunity to defend himself.

5. Disciplinary Authority :-

I. Disciplinary authority means the authority competent under the CCA (CCS) rules, 1965 to impose on a Government Servant any one of the penalties in Rule 11 therefore.

II. The penalties specified in Rule 11 may be imposed by the specified in the schedule appended to the rule.

III. No major penalty shall be imposed by any authority subordinate to the appointing authority.

6. Ad hoc Disciplinary Authority

I. Where the prescribed appointing authority or disciplinary authority is unable to function as disciplinary in respect of an official on account of his being personally concerned with the charges or being a material witness in support of the charge.

II. Where the appointing authority in respect of an official is of higher rank than the present Disciplinary authority.

7. Can an officer performing current duties of a post exercise statutory powers?

I. An officer appointed to perform the current duties of the post can exercise administrative or financial powers only vested and he cannot exercise statutory powers.

II. The officer holding current duties of a higher post can exercise the powers of the competent authority in so far as passing of order of suspension pending investigation is concerned.

8. What are the entitlement during suspension

I. For the first three months

i. Subsistence allowance equal to leave salary on half pay leave

ii. DA on the subsistence allowance

iii. HRA as admissible before suspension

II. After three months subsistence allowance can be increased or decreased up to 50% of the original subsistence allowance depending upon whether the period of suspension has been prolonged due to reasons directly attributable to the government.

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DAY-2 - IPO EXAM - CCS (CCA) RULES, 1965

Day-2 - IPO Exam - CCS (CCA) Rules, 1965

1. What are the deductions permitted from the subsistence allowance?

S.No.	Compulsory Deduction	Optional Deduction	Deduction Prohibitive
1	Income Tax	Premium due on PLI	Subscription to GPF
2	HRA and allied charges, i.e. electricity, water and furniture etc	Amount due to Co-operative Credit Societies	Amount due on court attachment
3	Repayment of Loans and advances taken from Government	Refund of advances taken from GPF	Recovery of loss to Government for which a government servant is responsible.
4	CGHS, CGEGIS – 1980

Not – The deduction should not more than one-third of the subsistence allowance excluding dearness allowance and other compensatory allowances from subsistence allowance. 

2. What are the administrative effects of suspension? 

a) Government servant is not supposed to attend office or mark attendance. Entry Card is withdrawan 

b) Scooter or car advance cannot be granted 

c) HBA can be granted 

d) LTC can be granted only to the family members 

e) Government servant can function as defense assistant. 

f) Government servant cannot be sent on training deputation etc. 

3. Resignation of a Government servant under suspension can be accepted only in public interest if:- 

a) Charges do not involve moral turpitude. 

b) Available evidence is not likely to lead to removal or dismissal 

c) The proceedings are likely to be very protracted and it would be cheaper to the Government to accept the resignation 

d) In above cases, resignation can be accepted with the approval of minister-in-charge in case of Group A and B officers and Head of Department in case of other officers. 

e) Sealed cover procedure has to be followed if a Government servant under suspension becomes eligible for consideration for promotion etc. 

f) Permission for voluntary retirement during suspension can be denied by the competent authority. 

g) On attaining the age of superannuation the suspended Government servant will be retired. Subsistence allowance shall be stopped. He will be paid only provision pension. 

h) LTC can be withheld if there is possibility of some money becoming recoverable as a result of the proceedings. 

i) Permission can be given to appear in Departmental Examination, but promotion will be considered only after finalization of the proceedings. 

Courtesy : https://finaclesolution.blogspot.com

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