Minor and Major Penalties Under CCS (CCA) Rules

The Minor Penalties

Rule 11 lists these minor penalties (Rule 11, PDF p. 10):

• (i) censure;
• (ii) withholding of promotion;
• (iii) recovery from pay of the whole or part of any loss caused to the Government by negligence or breach of orders;
• (iii a) reduction to a lower stage in the time-scale of pay by one stage for up to three years, without cumulative effect and without adversely affecting pension;
• (iv) withholding of increments of pay.

The Major Penalties

The major penalties are (Rule 11, PDF p. 10) (Rule 11, PDF p. 11):

• (v) reduction to a lower stage in the time-scale of pay for a specified period, with directions on increments during and after the period;
• (vi) reduction to a lower time-scale, grade, post or Service for a specified period, which bars promotion back during that period;
• (vii) compulsory retirement;
• (viii) removal from service, which is not a disqualification for future Government employment;
• (ix) dismissal from service, which is ordinarily a disqualification for future Government employment.

If a charge of disproportionate assets, or of accepting illegal gratification as a motive or reward for an official act, is established, the penalty must be removal or dismissal. Another penalty can be imposed only in an exceptional case, for special reasons recorded in writing (Rule 11, provisos, PDF p. 11).

Actions That Are Not Penalties

The Explanation to Rule 11 says some actions are not penalties (Rule 11, Explanation, PDF p. 11). These include:

• withholding increments for failing a required departmental examination;
• stopping you at the efficiency bar because you are unfit to cross it;
• not promoting you after your case has been considered;
• reverting you from an officiating post because you are unsuitable or for administrative reasons unconnected with your conduct.

Compulsory retirement under the superannuation or retirement rules, and termination of a probationer or temporary employee under the terms of appointment, are also not penalties (Rule 11, Explanation (vii)-(viii), PDF p. 12).

Who Can Impose Them and How

The President may impose any Rule 11 penalty on any Government servant (Rule 12(1), PDF p. 12). No authority subordinate to the appointing authority can impose a major penalty, with one limited exception for the Indian Audit and Accounts Service (Rule 12(4)(a), PDF p. 13).

A major penalty needs a full inquiry under Rules 14 and 15 (Rule 14(1), PDF p. 14). A minor penalty needs written notice of the proposal and the imputations, and a reasonable chance for you to represent (Rule 16(1), PDF p. 23). An inquiry is compulsory even for withholding increments if it is likely to affect your pension, exceeds three years, or has cumulative effect (Rule 16(1-A), PDF p. 23).

Delhi Police subordinate ranks are not covered by this list. The Delhi Police Act, 1978 penalties set out in Rule 5 of the Delhi Police (Punishment and Appeal) Rules, 1980 include dismissal, removal, reduction in rank, forfeiture of approved service, reduction in pay, withholding of increments, fine up to one month's pay, censure, and punishment drill for constables (DP (P&A) Rule 5, PDF p. 17).

Where to Check

• Rule 11 (penalties) and Rule 12 (disciplinary authorities) of the CCS (CCA) Rules, 1965, DoPT copy updated up to 15.10.2018 (CCS (CCA) Rules, cover, PDF p. 1).
• Rules 14 to 16 for the procedure (Rule 14, PDF p. 14).
• For Delhi Police, Rules 5 and 6 of the Delhi Police (Punishment and Appeal) Rules, 1980, and check the current text of Rule 6 (DP (P&A) Rules 5-6, PDF p. 17).

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)