Rule 11 — CCS (CCA) Rules
Original Rule Text
11. Penalties
The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on a Government: servant, namely :
Minor Penalties =
@ censure;
(ii) withholding of his promotion;
(iii) recovery from his pay of the whole or part of any pecuniary loss caused by him to the Government by negligence or breach oforders; (iii a) reduction to 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.
(iv) withholding of increments of pay;
Major Penalties =
(v) save as provided for in clause
(iii) (a), reduction to a lower stage in the time- scale of pay for a specified period, with further directions as to whether or not the Government servant will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction will or will not have the effect of postponing the: future increments ofhis pay;
(vi) reduction to lower time-scale of pay, grade, post or Service for a period to be specified in the order of penalty, which shall be a bar to the promotion of the Government servant during such specified period to the time-scale of pay, grade, post or Service from which he was reduced, with direction as to whether or not, on promotion on the expiry oft the said specified period -
(a) the period of reduction to time-scale of pay, grade, post or service shall operate to postpone future increments of his pay, and if so, to what extent; and
(b) the Government servant shall regain his original seniority in the higher time scale of pay,grade, post or service;
(vii) compulsory retirement;
(viii) removal from service which shall not be a disqualification for future employment under the Government;
(ix) dismissal from service which shall ordinarily be a disqualification for future employment under the Government.
Provided that, in every case in which the charge of possession of assets disproportionate to known-sources of income or the charge of acceptance from any person of any gratification, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act is established, the penalty mentioned in clause
What This Means
Rule 11 is the heart of the disciplinary framework. It lists all the penalties that can be imposed on a government servant, divided into 'minor penalties' and 'major penalties'. Minor penalties include censure, withholding of promotion, recovery of pecuniary loss, reduction by one stage in pay scale (without cumulative effect), and withholding of pay increments. Major penalties are more serious and include reductions in pay scale or grade, compulsory retirement, removal from service, and dismissal from service.
The rule also clarifies what does NOT amount to a penalty — this list is equally important. Withholding increments for failing a departmental exam, stopping at an efficiency bar, non-promotion after consideration, reversion from an officiating post, and compulsory retirement on superannuation are explicitly not penalties under this rule. This means the elaborate due process requirements for imposing penalties do not apply to these actions.
The most important provision is in the proviso: if the charges of possessing disproportionate assets or accepting a bribe are proved, the penalty must be removal or dismissal. No lesser penalty can be imposed in such cases, except in extraordinary circumstances with special written reasons.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1Minor penalties (clauses i to iv): censure, withholding promotion, recovery of loss, pay reduction by one stage, withholding increment
- 2Major penalties (clauses v to ix): pay reduction for specified period, reduction to lower grade/post, compulsory retirement, removal from service, dismissal
- 3Dismissal is more severe than removal — it normally disqualifies for future government employment
- 4Mandatory minimum penalty for bribery/disproportionate assets: removal or dismissal (no lesser penalty except with special written reasons)
- 5Extensive list of actions that do NOT constitute a penalty (no due process required for these)
- 6Pay increment withholding that adversely affects pension requires a full inquiry (Rule 16 sub-rule 1-A)
Practical Example
Suresh Pandey, a Deputy Director, is found to have accepted Rs 50,000 as a bribe from a contractor. After a full departmental inquiry following Rule 14 procedures, the Inquiring Authority finds him guilty. Under the proviso to Rule 11, the disciplinary authority has no discretion — it must impose either removal from service (Clause viii) or dismissal (Clause ix). The only exception would be if extraordinary circumstances exist, which must be recorded in writing.
In contrast, Meena Lal, a Section Officer, is found to have been negligent causing a Rs 30,000 loss to the government in a procurement process. Here, the disciplinary authority has full discretion to choose from the range of penalties — it might impose a minor penalty of recovery of the Rs 30,000 from her pay (Clause iii) combined with a censure (Clause i), rather than a major penalty, given that it was negligence rather than deliberate misconduct.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Frequently Asked Questions
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This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.