Rule 12 — CCS (CCA) Rules
Original Rule Text
# 12. Disciplinary Authorities
(1) The President may impose any of the penalties specified in Rule 11 on any Government servant. (2) Without prejudice to the provisions of sub-rule (1), but subject to the provisions of sub-rule (4), any oft the penalties specified in Rule 11 may be imposed on -
(a) a member of a Central Civil Service other than the General Central Service, by the appointing authority or the authority specified in the schedule in this behalf or by any other authority empowered in this behalf by a general or special order of the: President;
(b) a person appointed to a Central Civil Post included in the General Central Service, by the authority specified in this behalf by a general or special order of the President or, where no such order has been made, by the appointing authority or the: authority specified in the: Schedule in this behalf.
(3) Subject to the provisions of sub-rule (4), the power to impose any of the penalties specified in Rule 11 may also be exercised, in the case of a member ofa Central Civil Services, Group "C (other than the Central Secretariat Clerical Service), or a Central Civil Service, Group 'D',-
(a) ifhe is serving in a Ministry or Department of the Government of India, by the Secretary: to the Government of India in that Ministry or Department, or
(b) if he is serving in any office, by the head of that office, except where the head of that office is lower in rank than the authority competent to impose the penalty under: sub-rule (2).
(4) Notwithstanding anything contained in this rule -
(a) except where the penalty specified in clause
(v) or clause (vi of Rule 11 is imposed by the Comptroller and Auditor-General on a member of the Indian Audit and Accounts Service, no penalty specified in clause
(v) to
(ix) of that rule shall be imposed by any: authority subordinate to the appointing authority;
What This Means
Rule 12 specifies which authority is competent to impose penalties on different categories of government servants. The President has the overarching power to impose any penalty on any government servant. Below the President, the appointing authority (or the authority specified in the Schedule) can impose penalties on named service members. For Group C and D employees, the Secretary or the Head of Office has concurrent disciplinary authority.
The most critical restriction in Rule 12 is sub-rule (4): no authority subordinate to the appointing authority can impose major penalties (Clauses v to ix of Rule 11). Only authorities at or above the level of the appointing authority can impose major penalties like compulsory retirement, removal, or dismissal. There is also an important consultation requirement: if a government servant is temporarily in a different service and a major penalty is proposed, the authority in the temporary service must consult the authority competent in the parent service before imposing the penalty.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1President can impose any penalty on any government servant — supreme disciplinary authority
- 2Named service members: appointing authority or Schedule-specified authority can impose penalties
- 3Group C/D: Secretary or Head of Office has concurrent disciplinary authority
- 4Major penalties (Clauses v to ix): CANNOT be imposed by any authority subordinate to the appointing authority
- 5Temporary posting: before imposing major penalty, the temporary authority must consult the parent service's competent authority
- 6Director of Lal Bahadur Shastri National Academy of Administration: can impose Clause (i) and (iii) penalties on probationers under training
Practical Example
Ashok Kumar is a Group B officer in the Central Secretariat Service. His appointing authority is a Joint Secretary. During a disciplinary inquiry, an Under Secretary (who is below Joint Secretary level) recommends dismissal. However, under Rule 12(4)(a), the Under Secretary cannot impose a major penalty — that power rests only with the Joint Secretary (appointing authority) or above.
If the Under Secretary were to dismiss Ashok without authority, the dismissal order would be void ab initio (void from the beginning) and would be set aside by the Central Administrative Tribunal. This is a frequent ground for successful appeals — officers get reinstated not because they were innocent, but because the wrong authority signed the dismissal order.
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.