Details of Disciplinary Proceedings initiated against Government servant
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
UNSTARRED QUESTION NO 532
ANSWERED ON 26.11.2014
PENALTY TO OFFICERS
532 . Bhabhor Shri Jasvantsinh Sumanbhai
Giluwa Shri Laxman
Will the Minister of PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-
(a) the detials of provisions with regard to ensure motion against Government officers in service;
(b) whether a Censure Motion is moved against an officer, if not convicted for major penalty proceeding and if so, the details thereof;
(c) the number of cases initiated involving major penalties and the number of convictions achieved during the last three years; and
(d) the corrective steps taken by the Government in this regard?
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) & (b): 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. ‘Censure’ is prescribed as a Minor Penalty under the rule.
(c): The data on cases involving major penalty proceedings initiated and convictions achieved is not centrally maintained.
(d): It is the endeavour of the Government to strengthen and streamline the institutional mechanism for disciplinary proceedings and to ensure compliance of Government rules and regulations by the Government servants.
In order to check delays in completion of disciplinary proceedings, guidelines for monitoring and expeditious disposal of the disciplinary proceedings cases have also been issued on 29th November, 2012.
LOK SABHA ANNEXURED UNSTARRED QUESTION NO. 532 DATED 26.11.2014
PENALTIES SPECIFIED IN THE RULE 11 OF THE CENTRAL CIVIL SERVICES (CLASSIFICATION, CONTROL AND APPEAL) RULES, 1965.
(ii) Withholding of his promotion;
(iii) Recovery from his pay of the whole or part of any pecuniary loss caused by him to the Government by negligence or breach of orders;
(iii) 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;
(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.
Source : Lok Sabha