I am directed to refer to the subject cited above and to say that the penalty of recovery under Rule 11 (iii) of the CCS (CCA) Rules, 1972 can be imposed on a Government servant only when it is established that the Government servant is directly responsible for the act of negligence or breach of orders causing the financial loss. Rule 106, 107 & 111 of P&T Manual vol. III and Government of India Instructions No. 23 below Rule 11 are relevant in this regard.
2. The guiding principles for imposition of penalty of recovery as contained in the Government of India Instruction No. 23 below Rule 11 ibid are reiterated in the following: "ln the case of loss caused to the Government, the competent disciplinary authority should correctly assess in a realistic manner the contributory negligence on the part of an officer and while determining any omission or lapses on the part of an officer, the baring of such lapses on the loss considered and the extenuating circumstances in which the duties were performed by the officer, shall be given due weight.', The above-mentioned instructions may be kept in view by the concerned authorities, while deciding cases relating to imposition of penalty of recovery. (DG Post No. C-32016t0712006-Vp dated 14-11_2006.
