Referencer | Central Civil Services (Classification, Control & Appeal) Rules, 1965 | Rule 11

The Central Civil Services (Classification, Control & Appeal) Rules, 1965

11. PENALTIES:

The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on a Government servant, namely:-

Minor Penalties -

(i) censure;

(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;

(iiia) 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;

Major Penalties -

(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 lime scale of pay, grade, post or service.]

*[Substituted vide the Central Civil Services (Classification, Control and Appeal) Amendment Rules, 2009 notified vide F. No. 11012/2/2005-Estt (A)]

(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:

Provided further that in any exceptional case and for special reasons recorded in writing, any other penalty may be imposed.

EXPLANATION - The following shall not amount to a penalty within the meaning of this rule, namely:-

(i) withholding of increments of a Government servant for his failure to pass any departmental examination in accordance with the rules or orders governing the Service to which he belongs or post which he holds or the terms of his appointment;

(ii) stoppage of a Government servant at the efficiency bar in the time-scale of pay on the ground of his unfitness to cross the bar;

(iii) non-promotion of a Government servant, whether in a substantive or officiating capacity, after consideration of his case, to a Service, grade or post for promotion to which he is eligible;

(iv) reversion of a Government servant officiating in a higher Service, grade or post to a lower Service, grade or post, on the ground that he is considered to be unsuitable for such higher Service, grade or post or on any administrative ground unconnected with his conduct;

(v) reversion of a Government servant, appointed on probation to any other Service, grade or post, to his permanent Service, grade or post during or at the end of the period of probation in accordance with the terms of his appointment or the rules and orders governing such probation;

(vi) replacement of the services of a Government servant, whose services had been borrowed from a State Government or any authority under the control of a State Government, at the disposal of the State Government or the authority from which the services of such Government servant had been borrowed;

(vii) compulsory retirement of a Government servant in accordance with the provisions relating to his superannuation or retirement;

(viii) termination of the services -

(a) of a Government servant appointed on probation, during or at the end of the period of his probation, in accordance with the terms of his appointment or the rules and orders governing such probation, or

(b) of a temporary Government servant in accordance with the provisions of sub-rule (1) of Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965, or

**[(ix) any compensation awarded on the recommendation of the Complaints Committee referred to in the proviso to sub-rule (2) of rule 14 and established in the Department of the Government of India for inquiring into any compiaint of sexual harassment within the meaning of rule 3 C of the Central Civil Services (Conduct) Rules, 1964.]

**[Inserted vide the Central Civil Services (Classification, Control and Appeal) Third Amendment Rules, 2014 - Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) Notification dated the 19th November, 2014 issued from F.No. 11013/2/2014-Estt.(A)]

Government of India Decisions:

(1)	Distinction between Censure and Warning [MHA OM No. 39/21/56-Ests. (A) dated the 13th December, 1956]
(1A)	Writing of Confidential Reports – Mention of warnings therein [Deptt. of Personnel & AR OM No. 21011/1/81-Ests.(A) dated the 5th June, 1981]
(2)	Departmental action for neglect of family by Government servant [MHA OM No. F.25/16/59-Ests. (A) dated the 1st September, 1959]
(3)	Entry of punishments in confidential rolls [MHA OM No. 38/12/59-Ests.(A) dated the 23rd April, 1960]
(4)	Repromotion of officers reduced in rank as a measure of penalty [MHA OM No. 9/30/63-Estt.(D) dated the 7th February, 1964]
(5)	Registering name with Employment Exchange for higher posts not permissible when penalty is in force [MHA OM No. 14/6/65-Ests.(D) dated the 22nd February, 1965]
(6)	Provision in the rules of public undertaking enabling disciplinary action against direct recruits for acts committed prior to their recruitment [MHA OM No. 39/1/67-Ests.(A) dated the 21st February, 1967]
(7)	Promotion of employees on whom any penalty has been imposed [Cabinet Sectt. (Department of Personnel) OM No. 21/5/70-Ests.(A) dated the 15th May, 1971]
(7A)	Promotion of employees on whom any penalty has been imposed [Deptt. of Personnel & A.R. O.M. No. 22011/2/78-Estt.(A) dated the 16th February, 1979]
(8)	Scope of penalty of reduction in rank-Supreme Court judgment in cases of Shri Nayadar Singh & Shri M.J. Ninama Vs. Union of India (Civil Appeal No. 3003 of 1988 and 889 of 1988) [Deptt. of Pers. & Trg. OM No. 11012/2/88-Estts. Dated 02.02.89]
(9)	Penalty of 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 [Deptt. of Pers. & Trg. OM No. 11012/4/86-Estt. (A) dated 28.05.92]
(10)	Action against Government servants to be taken if they are later found ineligible or unqualified for their initial recruitment [Deptt. Of Personnel & Training OM No. 11012/7/91-Estt. (A) dated 19.05.1993]
(11)	Rule 11 (iii) of the CCS (CCA) Rules, 1965 – Recovery of pecuniary loss caused by a Government servant – Clarifications [Deptt. Of Personnel & Training OM No. 11012/1/2000-Estt. (A), dated 6th September, 2000]
(12)	Imposition of penalty of reduction to a lower time scale of pay, grade, post or service [DOPT OM No. 11012/2/2005-Estt. (A), dated 14th May, 2007]

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