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View Complete ArticleThe CCS (Classification, Control and Appeal) Rules, 1965 are the disciplinary code for central civil servants. For India Post departmental exams they matter twice over: as a Paper-I item in its own right, and because the 20-mark charge sheet in Inspector Posts Paper-II is a document issued under Rule 14 of these Rules.
The constitutional backing is Article 311, itself a named Paper-III item: no person holding a civil post under the Union or a State shall be dismissed, removed or reduced in rank except after an inquiry in which he has been informed of the charges and given a reasonable opportunity of being heard.
This is the highest-frequency question in the whole rule set, and it is a pure recall question. The clause numbers matter, because Rule 16 defines the minor-penalty procedure by reference to clauses (i) to (iv).
| Clause | Penalty | Class |
|---|---|---|
| (i) | Censure | Minor |
| (ii) | Withholding of his promotion | Minor |
| (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 | Minor |
| (iii)(a) | 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 | Minor |
| (iv) | Withholding of increments of pay | Minor |
| (v) | Reduction to a lower stage in the time-scale of pay for a specified period, with directions on whether increments will be earned during the reduction and whether the reduction will postpone future increments | Major |
| (vi) | Reduction to a lower time-scale of pay, grade, post or Service for a specified period, which bars promotion during that period, with directions on increments and on regaining original seniority | Major |
| (vii) | Compulsory retirement | Major |
| (viii) | Removal from service, which shall not be a disqualification for future employment under the Government | Major |
| (ix) | Dismissal from service, which shall ordinarily be a disqualification for future employment under the Government | Major |
The (viii)-or-(ix) proviso is a favourite: "removal or dismissal" is mandatory for those two charges, not discretionary.
No order imposing a penalty specified in clauses (i) to (iv) of Rule 11 shall be made except after informing the Government servant in writing of the proposal and of the imputations of misconduct or misbehaviour on which it is based, and giving him a reasonable opportunity to represent against the proposal; holding an inquiry in the manner laid down in sub-rules (3) to (24) of Rule 14 in every case in which the disciplinary authority is of the opinion that such an inquiry is necessary; taking any representation and the record of inquiry into consideration; and consulting the Commission where that consultation is necessary.
The practical exam point: a full inquiry is <em>mandatory</em> for a major penalty and <em>discretionary</em> for a minor one — held only where the disciplinary authority thinks it necessary.
| Rule | Subject |
|---|---|
| 11 | Penalties |
| 14 | Procedure for imposing major penalties |
| 16 | Procedure for imposing minor penalties |
| 19 | Special procedure in certain cases |
| 23 | Orders against which appeal lies |
| 29 | Revision — exercisable by the President and the other authorities named in the rule |
| 29-A | Review — vested in the President alone, and in no other authority |
Which of the following penalties under Rule 11 of the CCS (CCA) Rules, 1965 is a major penalty?
Answer: compulsory retirement
Compulsory retirement, removal, dismissal and reduction to a lower grade or post are the major penalties. Censure, withholding of promotion or increments and recovery of loss are minor penalties, which can be imposed by the simpler procedure.
What is the essential difference between the penalties of removal and dismissal from service?
Answer: dismissal ordinarily disqualifies the person from future employment under the government while removal does not
Both end the service, but dismissal carries the further consequence of disqualification for future government employment, which removal does not. Both are major penalties and both are imposed by the appointing or a higher authority.
From the ProSyllabus IP LDCE question bank — 15 quizzes, 150 questions, each one passed independently by two auditors.
Ten, listed in Rule 11 as clauses (i) to (ix) with clause (iii)(a) in between. Five are minor — (i), (ii), (iii), (iii)(a) and (iv) — and five are major: (v), (vi), (vii), (viii) and (ix).
Removal from service, clause (viii) of Rule 11, shall not be a disqualification for future employment under the Government. Dismissal, clause (ix), shall ordinarily be a disqualification for future employment under the Government.
Removal or dismissal. The proviso to Rule 11 says that where the charge of possession of assets disproportionate to known sources of income, or of acceptance of gratification other than legal remuneration as a motive or reward for an official act, is established, the penalty mentioned in clause (viii) or clause (ix) shall be imposed.
No. Under Rule 16 an inquiry in the manner laid down in sub-rules (3) to (24) of Rule 14 is held only in a case in which the disciplinary authority is of the opinion that such an inquiry is necessary. For a major penalty under Rule 14 the inquiry is mandatory.
The President alone, under Rule 29-A. The power of revision under Rule 29 is exercisable by the President and by the other authorities enumerated in that rule.
Article 311 of the Constitution, which provides that no person holding a civil post under the Union or a State shall be dismissed, removed or reduced in rank except after an inquiry in which he has been informed of the charges and given a reasonable opportunity of being heard in respect of them. Article 311 is itself a named item in IP LDCE Paper-III.
Source: Rule 11 with its provisos and Explanation, and the Rule 16 text, are quoted from the DoPT consolidated Central Civil Services (Classification, Control and Appeal) Rules, 1965. Check the current consolidated text for amendments before relying on a clause for a current-year exam.
Practice: IP LDCE quizzes · syllabus · previous papers · PA/SA/MTS