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Major Penalty, Minor Penalty and Censure – Penalty Proceedings against Government Servants
UNSTARRED QUESTION NO 226
PENALTY PROCEEDINGS AGAINST GOVERNMENT SERVANTS
226 . Shri PRATAPRAO GANPATRAO JADHAV
RAM TAHAL CHOUDHARY
Will the Minister of PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS be pleased to state:-
ANSWERMinister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office. (DR. JITENDRA SINGH)(a): Article 311(1) of the Constitution provides that no person who is a member of the civil service of the Union or an all-India service or a civil service of a State or holds a civil post under the Union or a State shall be dismissed or removed by an authority subordinate to that by which he was appointed. Again as per Article 311(2) no such person as aforesaid shall be dismissed or removed or reduced in rank except after an inquiry in which he has been informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges.Disciplinary proceedings under the Central Civil Services (Classification, Control and Appeal) Rules, 1965 [CCS(CCA)Rules, 1965] can be initiated against a Government Servant for violation of the provisions of the Central Civil Services (Conduct) Rules, 1964. The procedures for imposition of major penalties minor penalties are prescribed in the Rule 14 and Rule 16 of the [CCS(CCA)Rules, 1965], respectively. There are similar provisions in Rules governing the All India Services.A list of Minor and Major penalties that may be imposed on a Government servant for good and sufficient reasons as provided in Rule 11 of CCS (CCA) Rules is annexed.(b): The data on cases registered involving major penalty proceedings and punishment awarded on conviction are not centrally maintained.(c): It is the endeavour of the Government to strengthen and streamline the institutional mechanism for disciplinary proceedings.In order to check delays in completion of disciplinary proceedings, guidelines for monitoring and expeditious disposal of the disciplinary proceedings cases have been issued on 29th November, 2012.
PENALTIES SPECIFIED IN THE RULE 11 OF THE CENTRAL CIVIL SERVICES (CLASSIFICATION, CONTROL AND APPEAL) RULES, 1965.
Provided further that in any exceptional case and for special reasons recorded in writing, any other penalty may be imposed.
Source : loksabha.nic.in