How to Appeal Against a Penalty Under CCS (CCA) Rules

Which Orders You Can Appeal

You can appeal against any penalty under Rule 11, whether imposed by the disciplinary, appellate or revising authority, and against an order enhancing a penalty (Rule 23(ii)-(iii), PDF p. 27). Suspension orders are also appealable (Rule 23(i), PDF p. 27).

Other appealable orders include an order reducing or withholding your pension (Rule 23(v)(c), PDF p. 27), and an order fixing your subsistence allowance or your pay and allowances for a period of suspension (Rule 23(v)(d)-(e), PDF p. 28). For this rule, 'Government servant' includes a person who has left service, and 'pension' includes gratuity and other retirement benefits (Rule 23, Explanation, PDF p. 28).

No appeal lies against an order made by the President, an interlocutory order other than suspension, or an order of the inquiring authority during a Rule 14 inquiry (Rule 22, PDF p. 27).

Who Hears Your Appeal

The appellate authority is the one named in the Schedule or in a general or special order of the President (Rule 24(1), PDF p. 28). If none is named:

• Group 'A' or 'B': the appeal goes to the appointing authority if a subordinate authority passed the order, or to the President if any other authority passed it (Rule 24(1)(i), PDF p. 28).
• Group 'C' or 'D': the appeal goes to the authority to which the order-making authority is immediately subordinate (Rule 24(1)(ii), PDF p. 28).

If the person who made the order later becomes the appellate authority, the appeal goes to the authority immediately above that person (Rule 24(2)(ii), PDF p. 29).

Time Limit and What to Write

The appeal must be filed within 45 days from the date a copy of the order is delivered to you. The appellate authority can accept a late appeal if it is satisfied you had sufficient cause (Rule 25, PDF p. 29).

Rule 26 sets the form of the appeal (Rule 26, PDF p. 29):

• file it separately and in your own name;
• present it to the appellate authority, and send a copy to the authority that made the order;
• include all material statements and arguments you rely on;
• avoid disrespectful or improper language;
• make it complete in itself.

The authority that made the order must forward your appeal, its comments and the records to the appellate authority without avoidable delay (Rule 26(3), PDF p. 29).

What the Appellate Authority Decides

In a penalty appeal, the appellate authority checks whether the rules were followed, whether the findings are supported by the evidence, and whether the penalty is adequate, inadequate or severe (Rule 27(2), PDF p. 30). It can confirm, enhance, reduce or set aside the penalty, or remit the case (Rule 27(2), PDF p. 30).

It cannot enhance the penalty without giving you a reasonable opportunity to represent against the enhancement (Rule 27(2), proviso (iii)-(iv), PDF p. 31). The authority that made the original order must give effect to the appellate order (Rule 28, PDF p. 31). The appellate authority can also revise an order on its own within six months of that order (Rule 29(1)(v), PDF p. 31).

Where to Check

• Part VII (Rules 22 to 28) of the CCS (CCA) Rules, 1965, DoPT copy updated up to 15.10.2018 (CCS (CCA) Rules, cover, PDF p. 1).
• The Schedule to the rules and any President's order naming the appellate authority for your post.
• Delhi Police subordinate ranks have a different deadline: 30 days under Rule 24(3) of the Delhi Police (Punishment and Appeal) Rules, 1980 (DP (P&A) Rule 24(3), PDF p. 28).

Related Questions

Official Sources

• Central Civil Services (Classification, Control and Appeal) Rules, 1965 (DoPT copy, updated up to 15.10.2018) · Department of Personnel and Training, Government of India
• The Delhi Police Rules booklet, including the Delhi Police (Punishment and Appeal) Rules, 1980 · India Code (Government of NCT of Delhi rules under the Delhi Police Act, 1978)