Tuesday, 1 November 2022

Conduct & Disciplinary Rules – 145

 Conduct & Disciplinary Rules – 145

6. Instances of offence involving moral turpitude

1. Obtaining or attempting to obtain illegal gratification.

2. Misappropriation of Government's property, money or stores.

3. Cheating, forgery and using a forged document as genuine.

4. Falsification of Government's records.

5. Obtaining or attempting to obtain any valuable thing or pecuniary advantage without consideration or for a consideration which is not adequate.

6. Misuse of official position or power for personal gain.

7. Gross irregularity or negligence in the discharge of duties with a dishonest motive.

8. False claims, like traveling expenses, reimbursement claims, etc.

9. Possession of disproportionate assets compared to the known sources of income.

10. Disclosure of secret or confidential information. 

7. Consequences of Suspension

1.        Immediate reduction in the emoluments of suspended Government servant

2.        Immediate deprivation of other facilities provided to him.

3.        Consequential effects on his standard of life and those of the members of his family.

4.        Humiliation and stigma.

5.        Possible permanent deprivation of the difference between his normal salary and allowance and what are paid to him during the period of suspension in the shape of subsistence allowance.

6.        Adverse effect on his immediate chance of promotion, and other benefits and advantages which he could have expected but for being placed under suspension.

8. Authority competent to place a Government servant under suspension

i. The following are the authorities competent to place a Government servant under suspension:

(i)      The Appointing Authority as defined in Rule 2 (a) of CCS (CCA) Rules;

(ii)     Any authority to which the Appointing Authority is subordinate;

(iii)   The Disciplinary Authority (as defined in Rule 2 (g) of C.C.S. (CCA) Rules;

(iv)   Any other authority empowered in that behalf by the President by general or special order.

 [Rule 10 (1) of CCS (CCA) Rules, 1965.]

ii. If the suspension order is issued by any authority lower than the appointing authority, the suspending authority should immediately report to the appointing authority the circumstances in which the order was made.

Rule 10 (1) of CCS(CCA) Rules. Rule 14 of P&T Manual Vol. III.

Note: The appointing authority need not ratify such an order but may revoke the order of suspension if not satisfied of the reasons for suspension.

iii. Deemed suspension is to be ordered by the appointing authority only.

Rule 10 (2) & (4) of CCS (CCA) Rules.

iv. An authority higher than the competent punishing authority can direct placing a government servant under suspension even when such authority happens to be the appellate authority, but, it will be more appropriate if the higher authority only suggests to the punishing authority of the desirability of taking disciplinary action leaving question of suspension to the competent authority.

(DG P&T No. SPB 11/3/1951 dt. 03.05.1961.

v. Supervisory officers in field offices located outside the HQ may be empowered to place officers subordinate to them under suspension by issuing special orders in the name of the President but fact of such cases should be reported to the next higher authority immediately and the order would become void abinitio if not confirmed by the reviewing authority.

(DOP OM No. 714174, Estt (A) dt. 09.08.1974).


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