11

What is VigilanceWhat is Vigilance

(KEEPING A WATCH)(KEEPING A WATCH)

TO MAINTAIN THE INTEGRITY TO MAINTAIN THE INTEGRITY OF AN ORGANISATION,OF AN ORGANISATION,

ITS PROCEDURES AND ITS ITS PROCEDURES AND ITS EMPLOYEESEMPLOYEES

OUR FOCUSOUR FOCUS

PREVENTION OF FRAUDS & PREVENTION OF FRAUDS & LEAKAGE OF REVENUELEAKAGE OF REVENUE

22

List some of the Vigilance ActivitiesList some of the Vigilance Activities

PreventivePreventiveExamination of procedures to remove loop holes Regular and surprise inspections Monitoring the activities of the employees through returns

DetectiveDetectiveInvestigation of complaints or any other information regarding Irregularities

PunitivePunitivePunishment to the guilty

33

List some of the articles of the List some of the articles of the Constitution of India which concerns Constitution of India which concerns

a government servanta government servant Article 309 Article 309 - - Recruitment and conditions of service of Recruitment and conditions of service of

persons serving the Union or State persons serving the Union or State Article 310Article 310- - Tenure of office of persons serving the Tenure of office of persons serving the

Union or a StateUnion or a State Article 311 Article 311 - - Dismissal, removal or reduction in rank of Dismissal, removal or reduction in rank of

persons employed in civil capacities under the Union persons employed in civil capacities under the Union or a state :or a state :

Article 320 Article 320 - - Functions of Public Service CommissionFunctions of Public Service Commission

44

Who is authorised to frame rules to Who is authorised to frame rules to regulate the recruitment and conditions regulate the recruitment and conditions

of service of Central Government of service of Central Government EmployeesEmployees

The President

55

Name the two essential features of Name the two essential features of the inquiry provided in Article 311the inquiry provided in Article 311

•The Government servant has to be informed of charges; and

• given reasonable opportunity to defend himself

66

What is the full form of CCS (CCA) What is the full form of CCS (CCA) Rules?Rules?

Central Civil Services Central Civil Services (Classification, (Classification,

Control and Appeal) Control and Appeal) RulesRules

77

In which year the CCS (CCA) Rules In which year the CCS (CCA) Rules were framed?were framed?

19651965

88

Can a government servant go on Can a government servant go on strike after giving proper notice to strike after giving proper notice to

GovtGovt

NoNo

99

What is suspensionWhat is suspension

The action of suspending or The action of suspending or condition of being suspended condition of being suspended

– the action or position– the action or position

(Oxford English Dictionary)(Oxford English Dictionary)

1010

Is suspension a punishmentIs suspension a punishment

No. The purpose is No. The purpose is to facilitate to facilitate

proper inquiry.proper inquiry.

1111

Can advance for procurement of a Can advance for procurement of a conveyance be given to a Govt conveyance be given to a Govt

servant under suspension servant under suspension

NONO

1212

Name the authority who can impose Name the authority who can impose a penalty on a Govt Servanta penalty on a Govt Servant

The Disciplinary The Disciplinary AuthorityAuthority

1313

Name the authority who can impose Name the authority who can impose any penalty on any govt servantany penalty on any govt servant

The PresidentThe President

1414

When is Central Vigilance When is Central Vigilance Commission to be consulted?Commission to be consulted?

When a gazetted officer is involved and there is a When a gazetted officer is involved and there is a vigilance anglevigilance angle

(i) corruption, cheating, bribery, misappropriation, fraud and lack of (i) corruption, cheating, bribery, misappropriation, fraud and lack of

integrity; integrity;

(ii)(ii)    abuse of official power/authority for self gain or for anyone else; abuse of official power/authority for self gain or for anyone else;

(iii)(iii)  substantial loss to government as a result of grave/ deliberate substantial loss to government as a result of grave/ deliberate

negligence or indulgence in nepotism;negligence or indulgence in nepotism;

(iv)(iv)    possession of disproportionate assets.possession of disproportionate assets.

(v) flagrant violation of rules/ regulations/ procedures(v) flagrant violation of rules/ regulations/ procedures

1515

What are the two stages at which What are the two stages at which CVC is consulted?CVC is consulted?

(i) The first stage advice - Commission indicates the action to be taken against the Government servant, whose conduct has been investigated.

(ii) The second stage advice - Commission considers the report of the Inquiry officer and advises the disciplinary authority about the penalty to be imposed

1616

Name any two minor penaltiesName any two minor penalties

1717

Name any two major penaltiesName any two major penalties

1818

Is it necessary to hold oral enquiry Is it necessary to hold oral enquiry in all the casesin all the cases

1919

What could be the likely financial impact What could be the likely financial impact if penalty of withholding increment is if penalty of withholding increment is

imposedimposed

Illustration 1 (Slide 29)Illustration 1 (Slide 29)

Illustration 2 (Slide 30)Illustration 2 (Slide 30)

Illustration 3 (Slide 31)Illustration 3 (Slide 31)

2020

Can an enquiry be conducted in respect Can an enquiry be conducted in respect of retired Govt servant for an act done by of retired Govt servant for an act done by

him during any period of his service him during any period of his service

Proceedings can be initiated after Proceedings can be initiated after retirementretirement OnlyOnly with the sanction of the President with the sanction of the President OnlyOnly in respect of any event which took in respect of any event which took

place within four years of such institutionplace within four years of such institution

2121

Which minor penalty cannot be imposed Which minor penalty cannot be imposed unless oral inquiry has been conductedunless oral inquiry has been conducted

Withholding of Withholding of increments for more increments for more than three years or with than three years or with cumulative effect or cumulative effect or effecting pensioneffecting pension

2222

Which penalty results in the Which penalty results in the forfeiture of the past service?forfeiture of the past service?

Removal or DismissalRemoval or Dismissal

2323

What is the name of the allowance given What is the name of the allowance given to a Govt servant under suspension. to a Govt servant under suspension.

Which Fundamental Right guarantees Which Fundamental Right guarantees that?that?

Subsistence AllowanceSubsistence Allowance Article 21 (Part III of the Article 21 (Part III of the Constitution)Constitution)

2424

Which deductions are not permitted Which deductions are not permitted from the subsistence allowance?from the subsistence allowance?

•Income tax, House Rent, Electricity & water charges, installments of repayment of loans and advances, if necessary at revised rates, CGHS contribution, and contributions towards CGE Group Insurance Scheme shall be deducted from the subsistence allowance.

•Premium due to PLI, amount due to cooperative societies and refund of GPF advance can be deducted with the CONSENT of the Govt servant.

•Subscriptions to GPF, amount due on court attachments and recovery of loss caused to the Govt cannot be deducted from the subsistence allowance.

2525

Give any two cases, where no appeal Give any two cases, where no appeal is permissibleis permissible

•Any order made by the President.•Any order of interlocutory nature or in the nature of step-in-aid of the final disposal of a disciplinary proceeding other than an order of suspension•Any order passed by an Inquiry Officer during the course of inquiry. (However, an appeal can be submitted against an order of IO rejecting request for engagement of a Defence Assistant from some outstation.)

2626

What is the period of limitation for What is the period of limitation for filing an appeal against an order of filing an appeal against an order of

penalty?penalty?

45 days45 days

2727

Do you think the disciplinary Do you think the disciplinary framework of government lays down framework of government lays down

control only on employees?control only on employees?

No. Employees do enjoy No. Employees do enjoy certain protection. Enough certain protection. Enough care is taken to see that care is taken to see that undue hardship is not caused undue hardship is not caused to the GS and his / her family to the GS and his / her family members.members.

2828

What are some of the positive elements What are some of the positive elements you come across in the various you come across in the various

provisions governing the service provisions governing the service conditionsconditions

Application of Principles of Application of Principles of Natural JusticeNatural Justice

Protection under Article 311Protection under Article 311 Grant of Subsistence AllowanceGrant of Subsistence Allowance Entitlement after death etc.Entitlement after death etc.

2929 1-1-

1997

1-1-

1998

1-1-

1999

1-1-

2000

1-1-

2001

1-1-

2002

1-1-

2003

9900

9700

9500

9300

9100

8900

8700

8500 Period of penalty

Normal progression

During penalty

Reduction by 3 stages for 3 yearsReduction by 3 stages for 3 years

3030 1-1-

2000

1-1-

2001

1-1-

2002

1-1-

2003

1-1-

2004

1-1-

2005

9700

9500

9300

9100

8900

8700

8500

1-1-

2000

1-1-

2001

1-1-

2002

1-1-

2003

1-1-

2004

1-1-

2005

1-1-

2000

1-1-

2001

1-1-

2002

1-1-

2003

1-1-

2004

1-1-

2005

1-1-

2006

1-1-

2007

Period of penalty

Period of penalty

Withholding of ONEIncrement for 3 years

Withholding of NEXTIncrement for 3 years

Withholding of NEXTIncrement for 3 years with CUMMULATIVE EFFECT

Period of penalty

Normal progression During period of penalty

3131 1-1-

1997

1-1-

1998

1-1-

1999

1-1-

2000

1-1-

2001

1-1-

2002

1-1-

2003

9900

9700

9500

9300

9100

8900

8700

8500

1-1-

1997

1-1-

1998

1-1-

1999

1-1-

2000

1-1-

2001

1-1-

2002

1-1-

2003

1-1-

2004

1-1-

2005

Period of penalty

Period of penalty

Period of penalty

1-1-

1997

1-1-

1998

1-1-

1999

1-1-

2000

1-1-

2001

1-1-

2002

1-1-

2003

Reduction by 3 stages for 3 years +no increments during the period of reduction

+ with cummulative effect

During period of penaltyNormal progression

3232

MINOR PENALTIES MINOR PENALTIES (Rule 11)(Rule 11)

Go back End

CensureCensure Withholding of PromotionWithholding of Promotion Recovery from Pay of whole or part of any pecuniary Recovery from Pay of whole or part of any pecuniary

loss caused by him to the Government by negligence loss caused by him to the Government by negligence or breach of orders etcor breach of orders etc

Reduction to lower stage in the time-scale of pay for a Reduction to lower stage in the time-scale of pay for a period not exceeding three years, without cumulative period not exceeding three years, without cumulative effect and not affecting his pensioneffect and not affecting his pension

Withholding of incrementsWithholding of increments

3333

CensureCensure

This penalty may have indirect This penalty may have indirect financial implications as the Govt financial implications as the Govt servant may be at a disadvantage viz-servant may be at a disadvantage viz-a-viz a person with a clean record.a-viz a person with a clean record.

The penalty has no currency and the The penalty has no currency and the person can be considered for and person can be considered for and given promotion immediately after given promotion immediately after imposition of penaltyimposition of penalty..

End

3434

Withholding of PromotionWithholding of Promotion

This penalty has indirect financial This penalty has indirect financial implications. implications.

The Govt servant may not be The Govt servant may not be recommended for promotion and even recommended for promotion and even if recommended, he can be promoted if recommended, he can be promoted only after the period of penalty is over.only after the period of penalty is over.

The penalty remains in force for the The penalty remains in force for the specified period.specified period.

EndGo back

3535

Recovery from Pay of whole or part of any Recovery from Pay of whole or part of any pecuniary loss caused by him to the pecuniary loss caused by him to the

Government by negligence or breach of Government by negligence or breach of orders etcorders etc

Financial implications of this penalty Financial implications of this penalty are limited to the amount decided to are limited to the amount decided to be recovered from his pay. be recovered from his pay.

Promotion can be given during the Promotion can be given during the currency of this penaltycurrency of this penalty..

EndGo back

3636

Reduction to lower stage in the time-scale of Reduction to lower stage in the time-scale of pay for a period not exceeding three years, pay for a period not exceeding three years, without cumulative effect and not affecting without cumulative effect and not affecting

his pensionhis pension

The Govt servant suffers loss in pay and The Govt servant suffers loss in pay and corresponding loss in allowances etc corresponding loss in allowances etc based on the stage of reduction.based on the stage of reduction.

The penalty lasts for the specified period. The penalty lasts for the specified period. Promotion cannot be given during the Promotion cannot be given during the

period of punishmentperiod of punishment.. (ILLUSTRATION)(ILLUSTRATION)End

3737

Withholding of incrementsWithholding of increments

Financial impact of this penalty depends onFinancial impact of this penalty depends on Whether ONE or NEXT increment is withheld.Whether ONE or NEXT increment is withheld. the period for which the penalty is imposed.the period for which the penalty is imposed. whether the penalty will have cumulative effect, i.e., whether the penalty will have cumulative effect, i.e.,

postpone his future incrementspostpone his future increments The period of punishment is as specified in the order The period of punishment is as specified in the order

imposing penaltyimposing penalty Promotion cannot be given during the currency of Promotion cannot be given during the currency of

penaltypenalty If the penalty is for a period of more than three years, or If the penalty is for a period of more than three years, or

is with cumulative effect or is likely to adversely affect is with cumulative effect or is likely to adversely affect the pension, then inquiry under Rule 14 of CCA Rules is the pension, then inquiry under Rule 14 of CCA Rules is mandatory.mandatory.

(ILLUSTRATION)(ILLUSTRATION)End

3838

Imposition of a Minor Penalty Imposition of a Minor Penalty (Rule 16)(Rule 16)

Inform the Govt servant by a Memorandum Inform the Govt servant by a Memorandum giving him time to make his representation. giving him time to make his representation. Enclose Statement of imputation of misconduct Enclose Statement of imputation of misconduct or misbehaviour.or misbehaviour.

Record the findings on imputations of Record the findings on imputations of misconduct keeping in view the representation misconduct keeping in view the representation of the Govt servant, if any.of the Govt servant, if any.

If imputations are proved, impose one of the If imputations are proved, impose one of the minor penalties otherwise exonerate the Govt minor penalties otherwise exonerate the Govt servantservant

Consult UPSC if necessary, before imposing Consult UPSC if necessary, before imposing penalty.penalty.

Oral inquiry can be held in exceptional cases.Oral inquiry can be held in exceptional cases.EndGo back

3939

MAJOR PENALTIES MAJOR PENALTIES (Rule 11)(Rule 11)

Cases which call for major penaltyCases which call for major penalty Reduction to a lower stage in the time scale of payReduction to a lower stage in the time scale of pay Reduction to a lower time-scale of pay, grade, post Reduction to a lower time-scale of pay, grade, post

or serviceor service Compulsory Retirement Compulsory Retirement Removal from service Removal from service Dismissal from serviceDismissal from serviceGo back End

4040

Reduction to lower stage in the time-scale of Reduction to lower stage in the time-scale of pay pay

The Govt servant suffers loss in pay and The Govt servant suffers loss in pay and corresponding loss in allowances etc based on corresponding loss in allowances etc based on the stage of reduction.the stage of reduction.

The penalty lasts for the specified period. The penalty lasts for the specified period. The impact of the penalty increases if increments The impact of the penalty increases if increments

are denied during the period of penalty. It is are denied during the period of penalty. It is maximum if this is done with cumulative effect.maximum if this is done with cumulative effect.

Promotion cannot be given during the period of Promotion cannot be given during the period of punishment.punishment.

( ILLUSTRATION)( ILLUSTRATION)EndGo back

4141

Reduction to a lower time-scale of pay, grade, post or Reduction to a lower time-scale of pay, grade, post or

serviceservice

This penalty also puts the Govt servant at a This penalty also puts the Govt servant at a considerable financial loss, which depends upon considerable financial loss, which depends upon the scale to which he is reducedthe scale to which he is reduced the period for which reducedthe period for which reduced the pay allowed during reductionthe pay allowed during reduction the conditions for restoration to the original grade, scale the conditions for restoration to the original grade, scale

post etc. post etc. whether on restoration, the reduction will or will not have whether on restoration, the reduction will or will not have

the effect of postponing the future increments of his pay.the effect of postponing the future increments of his pay. the seniority on the original post after such restorationthe seniority on the original post after such restoration

The punishment remains in force during the period The punishment remains in force during the period specified in the order imposing penalty.This penalty is specified in the order imposing penalty.This penalty is generally a bar for future promotion. Promotion cannot generally a bar for future promotion. Promotion cannot be given during the currency of penalty.be given during the currency of penalty. End

4242

Compulsory RetirementCompulsory Retirement

The Government servant is denied the right to continue in service The Government servant is denied the right to continue in service till the age of superannuation, and the increments, promotions etc till the age of superannuation, and the increments, promotions etc he might have earned during his remaining service.he might have earned during his remaining service.

The Govt servant remains entitled to the proportionate pension on The Govt servant remains entitled to the proportionate pension on the basis of the service rendered by him unless the penalty is the basis of the service rendered by him unless the penalty is coupled with reduction in pension and gratuity in terms of Rule 40 coupled with reduction in pension and gratuity in terms of Rule 40 of CCS (Pension ) Rules, 1972 (which can be maximum one third of CCS (Pension ) Rules, 1972 (which can be maximum one third of the normal entitlement and reduced pension cannot be below the of the normal entitlement and reduced pension cannot be below the minimum limit).minimum limit).

Right to leave preparatory to retirement is denied. Right to leave preparatory to retirement is denied. Leave encashment is also not admissible in case cut in pension Leave encashment is also not admissible in case cut in pension

has been made.has been made.

4343

Removal or Dismissal from serviceRemoval or Dismissal from service

These are extreme penalties which can be These are extreme penalties which can be imposed on a Govt Servant as these entail imposed on a Govt Servant as these entail forfeiture of retirement benefits.forfeiture of retirement benefits.

Dismissal imposes disqualification from Dismissal imposes disqualification from future employment under Government.future employment under Government.

However in certain deserving cases, relief in However in certain deserving cases, relief in the form of Compassionate Allowance not the form of Compassionate Allowance not exceeding the normal pension the Govt exceeding the normal pension the Govt servant would have been entitled to and not servant would have been entitled to and not less than the minimum pension or gratuity or less than the minimum pension or gratuity or both may be sanctioned.both may be sanctioned. End

4444

Cases for major penaltyCases for major penalty

Cases in which there is reasonable ground to Cases in which there is reasonable ground to believe that an offence has been committed but believe that an offence has been committed but evidence forthcoming is not sufficient to launch evidence forthcoming is not sufficient to launch prosecution in a court of law e.g.prosecution in a court of law e.g.

Possession of disproportionate assetsPossession of disproportionate assets Obtaining or attempting to obtain illegal Obtaining or attempting to obtain illegal

gratificationgratification Misappropriation of Govt property, money or Misappropriation of Govt property, money or

storesstores Obtaining or attempting to obtain any valuable Obtaining or attempting to obtain any valuable

thing or pecuniary advantage without valid thing or pecuniary advantage without valid considerationconsideration

EndContd

4545

Cases for major penalty (contd)Cases for major penalty (contd)

Falsification of Govt records Falsification of Govt records Gross irregularity or Negligence in Gross irregularity or Negligence in

performance of official duties with dishonest performance of official duties with dishonest motivesmotives

Misuse of official position or power for Misuse of official position or power for personal gainpersonal gain

Disclosure of secret or confidential Disclosure of secret or confidential informationinformation

False claims on Govt like TA, Medical False claims on Govt like TA, Medical reimbursement etcreimbursement etcGo back End

4646

Steps for imposing major penaltySteps for imposing major penalty

Prepare a Charge Sheet.Prepare a Charge Sheet. Get the Charge Sheet delivered to the Govt Servant.Get the Charge Sheet delivered to the Govt Servant. If all the charges are If all the charges are admittedadmitted, record your findings , record your findings

and take further action.and take further action. If any charge is If any charge is denieddenied you can yourself conduct you can yourself conduct

the oral inquiry or appoint an Inquiry Officer to the oral inquiry or appoint an Inquiry Officer to conduct inquiry as per the procedure laid down in conduct inquiry as per the procedure laid down in Rule 14.Rule 14.

Appoint a Presenting Officer to present the case on Appoint a Presenting Officer to present the case on behalf of the Deptt during Oral Inquiry .behalf of the Deptt during Oral Inquiry .

On receipt of the Inquiry Report take further action On receipt of the Inquiry Report take further action as may be necessary based on the findings of the as may be necessary based on the findings of the Inquiry OfficerInquiry Officer..Go back End

4747

Imposition of penalty without holding Imposition of penalty without holding inquiry (Rule 19)inquiry (Rule 19)

Procedure in Rule 14 to 18 need not be followedProcedure in Rule 14 to 18 need not be followed when it is proposed to impose a penalty on the when it is proposed to impose a penalty on the

ground of conduct which has led to conviction in a ground of conduct which has led to conviction in a court of law. However, an opportunity may be court of law. However, an opportunity may be given for making a representation against the given for making a representation against the penalty proposed.penalty proposed.

when the disciplinary authority is satisfied for when the disciplinary authority is satisfied for reasons to be recorded in writing that it is not reasons to be recorded in writing that it is not reasonably practicable to hold an inquiry.reasonably practicable to hold an inquiry.

When the President is satisfied that it would not be When the President is satisfied that it would not be expedient to hold an inquiry in the interest of the expedient to hold an inquiry in the interest of the security of the state.security of the state.

End

4848

Orders against which no appeal Orders against which no appeal lies lies (Rule 22)(Rule 22)

Any order made by the President.Any order made by the President. Any order of interlocutory nature or in the Any order of interlocutory nature or in the

nature of step-in-aid of the final disposal of a nature of step-in-aid of the final disposal of a disciplinary proceeding other than an order disciplinary proceeding other than an order of suspensionof suspension

Any order passed by an Inquiry Officer Any order passed by an Inquiry Officer during the course of inquiry. (However, an during the course of inquiry. (However, an appeal can be submitted against an order of appeal can be submitted against an order of IO rejecting request for engagement of a IO rejecting request for engagement of a Defence Assistant from some outstation.)Defence Assistant from some outstation.)

EndGo back

4949

Orders against which appeal can be Orders against which appeal can be submitted submitted (Rule 23)(Rule 23)

Order of suspension or deemed suspensionOrder of suspension or deemed suspension Order imposing any of the penaltiesOrder imposing any of the penalties Order enhancing any penaltyOrder enhancing any penalty Order denying or varying pay & allowances, Order denying or varying pay & allowances,

pension etc.pension etc. Order of stopping at Efficiency BarOrder of stopping at Efficiency Bar Order or reversion from a higher post otherwise Order or reversion from a higher post otherwise

then as a penaltythen as a penalty Order reducing or withholding pension, gratuity Order reducing or withholding pension, gratuity

etc.etc. Order regarding regularisation of period of Order regarding regularisation of period of

suspension or deemed suspension and pay and suspension or deemed suspension and pay and allowances for that period.allowances for that period.

EndGo back

5050

Appellate Authorities Appellate Authorities (Rule 24)(Rule 24)

Authority specified in the Schedule or by a general or Authority specified in the Schedule or by a general or special order of the Presidentspecial order of the President

Group ‘A’ & ‘B’ officers can submit appeal to the Group ‘A’ & ‘B’ officers can submit appeal to the Appointing Authority if order is made by a subordinate Appointing Authority if order is made by a subordinate authority and to the President, if the order is by any authority and to the President, if the order is by any other authority.other authority.

Group ‘C’ & ‘D’ officers can submit appeal to the Group ‘C’ & ‘D’ officers can submit appeal to the Authority to which the authority which made the order Authority to which the authority which made the order is immediately subordinate.is immediately subordinate.

In case the penalty imposed by an authority other than In case the penalty imposed by an authority other than President, is in respect of activities connected with the President, is in respect of activities connected with the work as office bearer of an association etc, the Govt work as office bearer of an association etc, the Govt servant can file an appeal directly to the President.servant can file an appeal directly to the President.

End

5151

Submission of appealSubmission of appeal

Every person has to submit the appeal separately Every person has to submit the appeal separately and in his own name.and in his own name.

Appeal has to be submitted to the authority to Appeal has to be submitted to the authority to which the appeal lies, with a copy to the authority which the appeal lies, with a copy to the authority which made the order appealed against.which made the order appealed against.

Appeal should contain all the grounds relied upon, Appeal should contain all the grounds relied upon, but should not contain any disrespectful or but should not contain any disrespectful or improper language.improper language.

The authority which made the order, should The authority which made the order, should immediately forward the appeal alongwith its immediately forward the appeal alongwith its comments and records of the case without waiting comments and records of the case without waiting for any directions from the appellate authority.for any directions from the appellate authority.

End

5252

Review Review (Rule 29-A)(Rule 29-A)

The President can on his own or otherwise The President can on his own or otherwise review any order, when any new material review any order, when any new material evidence, which could not be produced or was evidence, which could not be produced or was not available when the order was passed and not available when the order was passed and which changes the entire nature of the case has which changes the entire nature of the case has come or is brought to his notice.come or is brought to his notice.

If on review, punishment is proposed or If on review, punishment is proposed or proposed to be enhanced, the charged officer proposed to be enhanced, the charged officer should be given a reasonable opportunity to should be given a reasonable opportunity to represent and if major penalty is proposed, represent and if major penalty is proposed, inquiry should be conducted, if not already done.inquiry should be conducted, if not already done.End

What is suspension?What is suspension?

An administrative action for debarring a An administrative action for debarring a Govt servant from his powers and duties.Govt servant from his powers and duties.

Temporary deprivation of office pending Temporary deprivation of office pending regular disciplinary proceedingsregular disciplinary proceedings

Relationship of servant and master does Relationship of servant and master does not end. All conditions of service continue not end. All conditions of service continue to apply.to apply.

No reduction in rank. Lien retainedNo reduction in rank. Lien retained Not a penaltyNot a penalty Appeal can be preferredAppeal can be preferred

End

Who can suspend?Who can suspend?

Appointing authority or any Appointing authority or any authority to which it is authority to which it is subordinatesubordinate

Disciplinary AuthorityDisciplinary Authority Any other authority Any other authority

empowered in this behalf by empowered in this behalf by the President by a general or the President by a general or special orderspecial order End

When can a Govt servant be When can a Govt servant be

suspended?suspended? When a disciplinary proceeding is When a disciplinary proceeding is

contemplated or pending against himcontemplated or pending against him When in the opinion of the competent When in the opinion of the competent

authority, he has engaged himself in authority, he has engaged himself in activities prejudicial to the interest of activities prejudicial to the interest of the security of the statethe security of the state

When a case against him in respect of When a case against him in respect of any criminal offence is under any criminal offence is under investigation, inquiry or trialinvestigation, inquiry or trial

When he is involved in dowry death When he is involved in dowry death and case is registered under section and case is registered under section 304(B) of IPC he shall be suspended 304(B) of IPC he shall be suspended as soon as he is arrested, irrespective as soon as he is arrested, irrespective of the period of detention, or as soon of the period of detention, or as soon as the charge sheet is filed against as the charge sheet is filed against him,whichever is earlier.him,whichever is earlier. End

Circumstances which justify Circumstances which justify suspensionsuspension

When the Govt servant is likely to When the Govt servant is likely to hamper the proceedings e.g. hamper the proceedings e.g. tempering with the evidencetempering with the evidence

When his continuation in office is When his continuation in office is likely to affect office disciplinelikely to affect office discipline

When he is involved in a scandal When he is involved in a scandal and it is necessary to demonstrate and it is necessary to demonstrate Govt’s intention to deal firmly with Govt’s intention to deal firmly with the situationthe situation

When his continuation in office is When his continuation in office is against public interestagainst public interest

End

Deemed suspension Deemed suspension [Rule 10(2)][Rule 10(2)]

From the date of detention, if a From the date of detention, if a Government servant is detained in Government servant is detained in custody for a period exceeding 48 custody for a period exceeding 48 hourshours

From the date of conviction, in case of From the date of conviction, in case of conviction leading to imprisonment for conviction leading to imprisonment for a period exceeding 48 hoursa period exceeding 48 hours

Order of suspension is deemed to have Order of suspension is deemed to have continued on and from the date of continued on and from the date of punishment, if penalty of dismissal, punishment, if penalty of dismissal, removal or compulsory retirement removal or compulsory retirement imposed on a person under suspension imposed on a person under suspension is set aside in appeal or review and is set aside in appeal or review and further action is orderedfurther action is ordered

From the date of punishment, if penalty From the date of punishment, if penalty of dismissal, removal or compulsory of dismissal, removal or compulsory retirement is set aside by a Court and retirement is set aside by a Court and further inquiry is orderedfurther inquiry is ordered

End

Entitlements during suspensionEntitlements during suspension

For the first three monthsFor the first three months Subsistence allowance equal to leave salary on Subsistence allowance equal to leave salary on

half pay leavehalf pay leave DA on the subsistence allowanceDA on the subsistence allowance HRA, CCA as admissible before suspensionHRA, CCA as admissible before suspension

After three months, subsistence allowance can After three months, subsistence allowance can be increased or decreased up to 50% of the be increased or decreased up to 50% of the original subsistence allowance depending upon original subsistence allowance depending upon whether the period of suspension has been whether the period of suspension has been prolonged due to reasons directly attributable prolonged due to reasons directly attributable to the Government servant.to the Government servant.

Only some of the normal deductions are permitted Only some of the normal deductions are permitted from subsistence allowancefrom subsistence allowance

End

Deductions from subsistence allowanceDeductions from subsistence allowance

Income tax, House Rent, Electricity & water Income tax, House Rent, Electricity & water charges, installments of repayment of loans and charges, installments of repayment of loans and advances, if necessary at revised rates, CGHS advances, if necessary at revised rates, CGHS contribution, and contributions towards CGE Group contribution, and contributions towards CGE Group Insurance Scheme shall be deducted from the Insurance Scheme shall be deducted from the subsistence allowance. subsistence allowance.

Premium due to PLI, amount due to cooperative Premium due to PLI, amount due to cooperative societies and refund of GPF advance can be societies and refund of GPF advance can be deducted with the CONSENT of the Govt servant.deducted with the CONSENT of the Govt servant.

Subscriptions to GPF, amount due on court Subscriptions to GPF, amount due on court attachments and recovery of loss caused to the attachments and recovery of loss caused to the Govt cannot be deducted from the subsistence Govt cannot be deducted from the subsistence allowance.allowance.

End

Administrative effectsAdministrative effects

Govt servant is not supposed to attend office or Govt servant is not supposed to attend office or mark attendance. Entry card is withdrawn.mark attendance. Entry card is withdrawn.

Scooter or car advance cannot be granted.Scooter or car advance cannot be granted. HBA can be granted.HBA can be granted. Govt servant can function as Defence AssistantGovt servant can function as Defence Assistant Leave cannot be granted.Leave cannot be granted. LTC can be granted only to the family members.LTC can be granted only to the family members. Govt servant retains lien on his post.Govt servant retains lien on his post. Govt servant cannot be sent on training, Govt servant cannot be sent on training,

deputation etcdeputation etc..EndGo back (Contd)

Administrative effects (contd)Administrative effects (contd)

Resignation of a Govt servant under Resignation of a Govt servant under suspension can be accepted only in public suspension can be accepted only in public interest if:-interest if:-

charges do not involve moral turpitude.charges do not involve moral turpitude. available evidence is not likely to lead to available evidence is not likely to lead to

removal or dismissal.removal or dismissal. the proceedings are likely to be very the proceedings are likely to be very

protracted and it would be cheaper to the protracted and it would be cheaper to the Govt to accept the resignation.Govt to accept the resignation.

In above cases, resignation can be In above cases, resignation can be accepted with the approval of Minister-in-accepted with the approval of Minister-in-charge in case of Gr.A and B officers and charge in case of Gr.A and B officers and Head of Deptt in case of other officers.Head of Deptt in case of other officers.

Sealed cover procedure has to be followed Sealed cover procedure has to be followed if a Govt servant under suspension if a Govt servant under suspension becomes eligible for consideration for becomes eligible for consideration for promotion etc.promotion etc.

End(contd)

Other Administrative effectsOther Administrative effects

Permission for Voluntary retirement Permission for Voluntary retirement during suspension can be denied by the during suspension can be denied by the competent authority.competent authority.

On attaining the age of superannuation On attaining the age of superannuation the suspended Govt servant will be the suspended Govt servant will be retired. Subsistence allowance shall retired. Subsistence allowance shall stop. He will be paid only provisional stop. He will be paid only provisional pension.pension.

Leave encashment can be withheld if Leave encashment can be withheld if there is possibility of some money there is possibility of some money becoming recoverable as a result of the becoming recoverable as a result of the proceedings.proceedings.

Permission can be given to appear in Permission can be given to appear in Departmental Examination, but Departmental Examination, but promotion will be considered only after promotion will be considered only after finalisaiton of the proceedings.finalisaiton of the proceedings.

End

Revocation of suspensionRevocation of suspension

Suspension remains in force till it is Suspension remains in force till it is revoked.revoked.

Order can be revoked at any time Order can be revoked at any time by the competent authority.by the competent authority.

Suspension automatically comes to Suspension automatically comes to an end if penalty of dismissal, an end if penalty of dismissal, removal or compulsory retirement removal or compulsory retirement from service is imposed.from service is imposed.

In case of death during suspension, In case of death during suspension, it is presumed that there was no it is presumed that there was no suspension at all and full pay and suspension at all and full pay and allowances are to be paid.allowances are to be paid. End

Action after reinstatementAction after reinstatement (Rule 10)(Rule 10)

An order for regularisation of period An order for regularisation of period of suspension has to be issued. The of suspension has to be issued. The period has to be treated as duty if period has to be treated as duty if the suspension was wholly the suspension was wholly unjustified.unjustified.

An order regarding pay and An order regarding pay and allowances payable for the period allowances payable for the period of suspension has also to be issued. of suspension has also to be issued. Full pay and allowances may be Full pay and allowances may be given if the suspension was wholly given if the suspension was wholly unjustified.unjustified.

End

6565

Action against pensionersAction against pensioners

Misconduct committed while Misconduct committed while in service including the period in service including the period of reemploymentof reemployment

Misconduct committed after Misconduct committed after retirementretirement

End

6666

Misconduct committed while in service including the Misconduct committed while in service including the period of reemploymentperiod of reemployment

Competent authority and Competent authority and action that can be takenaction that can be taken

Proceedings instituted before Proceedings instituted before retirementretirement

Institution of proceedings Institution of proceedings after retirementafter retirement

End

6767

Grave misconduct or negligence committed Grave misconduct or negligence committed

while in service – Rule 9while in service – Rule 9 Competent Authority - PresidentCompetent Authority - President Possible action – Possible action – Withholding of pension or gratuity, or both, in Withholding of pension or gratuity, or both, in

full or in part, permanently or for a specified full or in part, permanently or for a specified periodperiod

Recovery from pension or gratuity of the whole Recovery from pension or gratuity of the whole or part of any pecuniary loss caused to the or part of any pecuniary loss caused to the GovtGovt

UPSC has to be consulted before issue of final UPSC has to be consulted before issue of final orders.orders.

If only part of pension is withheld, it cannot be If only part of pension is withheld, it cannot be less that Rs.1275 per mensemless that Rs.1275 per mensem

End

6868

Proceedings instituted before retirement Proceedings instituted before retirement

Disciplinary Proceedings for Disciplinary Proceedings for major penalty, instituted while major penalty, instituted while in service shall be continued in service shall be continued as if the Govt servant was still as if the Govt servant was still in servicein service

If proceedings were instituted If proceedings were instituted by an authority subordinate to by an authority subordinate to the President, it shall report the President, it shall report its findings to the Presidentits findings to the PresidentEnd

6969

Institution of proceedings after retirementInstitution of proceedings after retirement

Proceedings can be initiated after retirementProceedings can be initiated after retirement OnlyOnly with the sanction of the President with the sanction of the President OnlyOnly in respect of any event which took place within in respect of any event which took place within

four years of such institutionfour years of such institution Proceedings shall be conducted by the authority Proceedings shall be conducted by the authority

specified by the President, according to the procedure specified by the President, according to the procedure for dismissal of the Govt servant while he was in for dismissal of the Govt servant while he was in service.service.

Proceedings shall be deemed to be instituted on the Proceedings shall be deemed to be instituted on the date of issue of statement of charges or the date of date of issue of statement of charges or the date of suspension, if the Govt servant had been placed suspension, if the Govt servant had been placed under suspension before retirement, whichever date is under suspension before retirement, whichever date is earlier.earlier.

End

7070

Misconduct or serious crime committed after Misconduct or serious crime committed after retirement (Rule 8)retirement (Rule 8)

Competent Authority - Authority which was competent Competent Authority - Authority which was competent to remove the pensioner, while he was in serviceto remove the pensioner, while he was in service

Possible action – Withholding or withdrawl of pension, Possible action – Withholding or withdrawl of pension, in full or in part, permanently or for a specified periodin full or in part, permanently or for a specified period

A show cause notice has to be given specifying the A show cause notice has to be given specifying the action proposed to be taken in the case of misconductaction proposed to be taken in the case of misconduct

UPSC has to be consulted before issue of final orders, UPSC has to be consulted before issue of final orders, if order is to be issued in the name of the Presidentif order is to be issued in the name of the President

If only part of pension is withheld or withdrawn, If only part of pension is withheld or withdrawn, remaining pension cannot be less that Rs.1275 per remaining pension cannot be less that Rs.1275 per mensemmensem

An appeal lies to the President, if order is passed by An appeal lies to the President, if order is passed by an authority an authority other than the Presidentother than the President.. End

7171

Punishment – power to imposePunishment – power to impose

Is a statutory powerIs a statutory power Cannot be delegatedCannot be delegated Cannot be taken over by superiorCannot be taken over by superior Involves exercise of discretionInvolves exercise of discretion

IndependentlyIndependentlyBased on relevant considerationsBased on relevant considerationsWith due application of mind.With due application of mind.Go back End

7272

Punishment – when can be given?Punishment – when can be given?

For good and sufficient For good and sufficient reasonsreasons

After following the After following the prescribed procedure.prescribed procedure.

Go back End

7373

Punishment – deciding quantum ofPunishment – deciding quantum of

Gravity of the Gravity of the misconductmisconduct

Extenuating Extenuating circumstances, if anycircumstances, if any

Track record of the Track record of the officer.officer.

Go back End

7474

Punishment - lenientPunishment - lenient

Sets a bad exampleSets a bad exampleDiminishes the gravity Diminishes the gravity

of the chargesof the chargesInvites aspersions.Invites aspersions.

Go back End

7575

Punishment - severePunishment - severe

Kills initiativeKills initiativeCreates dead woodCreates dead woodCreates general Creates general

atmosphere of phobiaatmosphere of phobiaSmells of Smells of

vindictiveness.vindictiveness.

End

7676

Punishment – order for imposingPunishment – order for imposing

Should be signed by the Should be signed by the competent authority onlycompetent authority only

Should reflect due application of Should reflect due application of mindmind

Should be a speaking orderShould be a speaking order Should be carefully drafted – Should be carefully drafted –

cannot be modified by the same cannot be modified by the same authorityauthority

Go back End