DISCIPLINARY PROCEEDINGS (11)-PENALTIES (1)

Dear Friends,
      In Rule 11 of CCS CCA Rules(1965) nine penalties are listed .They are graded from minor to major. Even though it is graded the disciplinary authority may impose any of the penalty for a misconduct committed by the employee. But natural justice should be adopted by the disciplinary authority while imposing penalty in such a way the quantum of penalty should not be disproportionate to the offence committed.
   The nine penalties are divided as minor and major according to the severity of its impact on the employee's career.

    To find the difference between the minor and major penalties is very simple up to 13.07.1990.The minor penalties do not affect the existing benefits enjoying but only affect the future entitlements.where as the major penalties affect the existing and future entitlements. But after introduction of sub rule 3a of Rule 11 by DOPT OM no.
11012/4/86Estt(A) DTD 13.07.1990. the above view on penalties came to an end.
     PENALTIES :
  Minor Penalties.
i. Censure : It is the statutory minimum punishment to be given to the employee on conclusion of disciplinary proceedings, and if he found guilt.
       Censure makes no financial loss the employee. Since there is no currency period for censure promotion can be given to the employee even after the imposition of censure.
     ii. Withholding of promotion :
             During currency period of this punishment the government servant can not get promotion but his eligibility will be decided by DPC in sealed cover procedure.

  iii. Recover from his pay of the whole or part of any pecuniary loss caused by him to the government by negligence or breach of orders. In this order disciplinary authority should mention a) whether there has been any pecuniary loss to the government and if so ,the actual amount of loss and
  b) whether the loss is attributable to the government servant's negligence or breach of orders. Assessment of loss should be fixed on a rational basis.
      Promotion of the government servant can not be withheld during the currency period of punishment.

    iii(a).Reduction to a lower stage in the time scale of pay for a period not exceeding three years,without cumulative effect and not adversely affecting his pension.

          This rule is included to punish a government servant who has reached the last stage in the scale of pay and stagnation in that pay scale. In this case increments falling during the currency period of penalty will be allowed.Otherwise the penalty should be major penalty.

  iv.) With holding of increments of pay :
   
          By this order the government servant future increment will be stopped. The stoppage of increment may be with cumulative or without cumulative effect.
  If it is with cumulative effect then rules 16(1-A) should be followed. That is an inquiry should be conducted as laid down in sub rule (3) to (23) of Rule 14 .
   Withholding of increment is of two types.
1. If the order is about stoppage of next increment withheld for a specified period the government servant should not be entitled for future increment during the currency period. If the order is to withheld one increment for specified period then the increment falling during the currency period will not be withheld.
     However advance increment eligible can not be withheld during the currency period of penalty even though it comes during this period. But promotion can not be given during the currency period.

Tenkasi.               With Best wishes,
28.06.2018.             G Mariappan.



   
       

DISCIPLINARY PROCEEDINGS(10)- REGULARISATION -PERIOD OF SUSPENSION

Dear friends,
  Whenever a suspended employee is reinstated his suspension period should be regulated as per FR 54B.
    The principle is that where the authority competent to order reinstatement is satisfied that the suspension was wholly unjustified he is obliged to order payment of full pay and allowances to which the employee would have been entitled but for his suspension and the period of suspension is treated as duty for all purposes. In all other cases where the competent authority is of the view that the suspension was justified or awarded with any major penalties under Rule 11 of CCS CCA Rules 1965 he will determine the proportion of pay and allowances for the period of suspension (not being full pay) after giving the employee due notice and considering his representation ,if any,submitted by him within sixty five days.
      The proportion of pay so determined should not be less than the subsistence allowance and other allowance already paid to him.
   The period of suspension maybe treated as duty for specified purposes if so ordered by the competent authority provided that if the government servant desires and the competent authority orders , the period of suspension may be converted into leave of the kind due and admissible to the government servant. In such cases the excess subsistence allowance paid shall be recovered from him.

    Suspension is wholly unjustified and full pay and allowance are eligible on the following cases.
  1.when the government servant dies during suspension.
  2.when minor penalty is imposed on conclusion of disciplinary proceedings.
  3.when reinstated on acquittal in criminal proceedings and no further inquiry is ordered departmentally.
 4. Cases involved detention of the employee exceeding 48 hrs and the cases not followed by prosecution.
  5.Cases in which disciplinary proceedings are dropped.

Tenkasi.                 With Best wishes,
21.06.2018.                G Mariappan.

DISCIPLINARY PROCEEDINGS (9)- EFFECTS OF SUSPENSION

Dear friends,
     Recoveries from subsistence allowance done in the following manners.
1. The following recoveries can not be made from subsistence allowance.
     PLI premium, GPF advance taken, amounts due to co op socities .

      GPF subscription, court attachment due, recovery loss caused to the Government.

2. The following deduction is compulsory.
      Income tax ,house rent and water tax,
      Repayment of loans and advances, CGHS
      Contribution.

      Option for revised scale of pay : option eligible for revised scale of pay if the revision is taken place prior to the date of suspension.

      Entitlement of TA : eligible for attending inquiry if the HQ station is different i.e not the same station.

     The suspended employee can function as defence assistant for another cases.

      The promotion of suspended employee is dealt by sealed cover procedure.

    Appeal. : No appeal lies against the order made by the President.
           But under rule 23 appeal can be made against an order made by ny authority other than the President.

Tenkasi.                        With Best wishes,
 16.06.2018.                    G Mariappan.

DISCIPLINARY PROCEEDINGS (8)-SUSPENSION.

Dear friends,
    It is a temporary deprivation of office of Government servant. But the contract of service not terminated since the government servant is paid subsistence allowance during suspension.

       Since suspension is not a penalty  article 311 has no application  in this case.Also it is not a quasi judicial order  hence no need of issuing show cause notice .

   All disciplinary authority have the power to suspend the government servant. When an authority lower than the appointing authority   suspends a government servant the matter must be informed to the appointing authority forthwith.

   As per rule 10(1) of CCS CCA  Rules 1965 a government servant may be placed under suspension on the following conditions.

  a) where a disciplinary proceedings against him is contemplated or pending or

   b). Where in the opinion of the competent authority , he has engaged himself in activities prejudicial to the interest of the security of state or

c) Where a case against him in respect of any criminal offence is under investigation, inquiry or trial.

   Public interest should be the  guiding factor in deciding to place a government servant under suspension. Since the suspended employee is paid with subsistence allowance without doing any work or duty the disciplinary authority should exercise the power after due consideration of mind. Also the suspension would tarnish the image of the employee in public life which will be a loss of refutation in the society. His exoneration at a later stage can not restore the loss of refutation.

   Suspension may at any time  be modified or revoked by the authority made it.

    DEEMED SUSPENSION.
   As per rule 10(2) to 10(4) of CCS CCA Rules 1965 deemed suspension maybe invoked to the employee under following conditions.

   a) with effect from the date of his detention ,if he is detained in custody, whether on criminal charge or otherwise, for a period exceeding forty eight hours.

   b) with effect from the date of his conviction,if ,in the event of a conviction for an offence ,he is sentenced to a term of imprisonment exceeding forty eight hours and not forthwith dismissed or removed or compulsorily retired consequent to such conviction.

Explanation: The period of forty eight hours referred to in clause (b) of this sub rule shall be computed from the commencement of the imprisonment after the conviction and for this purpose ,intermittent periods of imprisonment ,if any ,shall be taken into account.

   When the penalties of dismissal or removal or compulsory retirement is set aside on appeal or revision or review by the disciplinary authority ,deemed suspension is invoked from the date of dismissal or removal or compulsory retirement.

Normally suspension is effective from the date of order communicated to the employee. But while the employee is on leave ,the leave should be cancelled and the suspension order takes effect from the date of joining to duty.

Review Committee : By a review committee report the suspension may be extended further based on the circumstances of the case. However the review committee should give the report before ninety days of suspension period is lapsed.

Subsistence Allowance :  As per FR 53 subsistence allowance is payable to the suspended employee is equal to his leave salary on half pay for the first three months. This may be enhanced or reduced after three months by a suitable amount not exceeding 50% of what he was drawing during the first three months.

   Head quarters during suspension should be specified in the order. No leave should be granted and hence he is not eligible for LTC but his family is eligible.

Tenkasi.                    With Best wishes,
09.06.2018.                 G Mariappan.