Advisory on Proper Handling of Disciplinary Cases Under CCS (CCA) Rules, 1965
Introduction
The Vigilance Petition Division has observed several procedural lapses in the handling of disciplinary cases under the Central Civil Services (Classification, Control, and Appeal) Rules, 1965 across various Circles, particularly at divisional levels. These lapses, though often unintentional, result in unnecessary delays, legal interventions, and, in some cases, disciplinary proceedings being set aside by courts.
To address these challenges and ensure adherence to procedural requirements, comprehensive advisory guidelines have been issued for strict compliance by all Circles.
Key Observations and Guidelines:
Framing Charges Under Rule 3(1)(i) of CCS (Conduct) Rules, 1964:
- Charges under Rule 3(1)(i) should not be framed when there is no vigilance angle or irregular act.
- Mere administrative or supervisory lapses should not be equated with grave charges.
Parallel Proceedings:
- Disciplinary proceedings and judicial proceedings can run simultaneously.
- Rule-8 (CCS Pension Rules, 2021) cases should not be kept in abeyance solely because of pending criminal cases.
Drafting Charge Sheets:
- Annexure I (Articles of Charge) and Annexure III (List of Documents) must be synchronized to ensure no critical documents are missed.
Disciplinary Action Before Retirement:
- Initiating major disciplinary proceedings against employees just before retirement to recover government losses is ineffective.
- Temporary stoppage of retirement benefits does not equate to recovery of losses.
Withholding Retirement Benefits:
- Withholding benefits like provisional pension or leave encashment merely because a Rule-8 proposal is under process is undesirable.
- This practice often leads to unnecessary legal interventions.
Approval from Competent Authority:
- Before initiating major disciplinary proceedings against Group 'A' and 'B' officers, approval from the competent Disciplinary Authority must be obtained.
- The decision to proceed must be based on a prima facie establishment of mala-fide intent or lack of integrity.
- As per Rule-3 of P&T Manual Vol. III, preliminary findings must be reviewed by the competent authority even if no disciplinary action is proposed.
Common Lapses to Avoid:
- Inquiry Reports: Reports should always be signed and dated by the Inquiry Officer.
- Document Quality: Ensure scanned documents are clear and legible to avoid delays in processing.
- Avoidable Mistakes: Small, avoidable errors in documentation often become significant obstacles in concluding cases.
Conclusion:
These guidelines are issued to ensure justice, procedural integrity, and efficiency in handling disciplinary cases. All Circles are directed to meticulously follow these instructions and circulate them among the concerned authorities for better appreciation and compliance.
For further details, please refer to the official communication issued by the Directorate.
Issued with the approval of the Competent Authority.
