Rule 23 — CCS (CCA) Rules
Original Rule Text
23. Orders against which appeal lies
Subject to the provisions of rule 22, a Government servant may prefer an appeal against all or: any of the following orders, namely:-
0 an order of suspension made or deemed to have been made under rule 10;
(ii) an orderi imposing any of the penalties specified in rule 11, whether made by the disciplinary authority or by any: appellate or revising authority;
(ii) an order enhancing any penalty, imposed under rule 11; iv) an order which- (a denies or varies to his disadvantage his pay, allowances, pension or other conditions of: service as regulated by rules or by agreement; or
(b) interprets to his disadvantage the provisions of any: such rule or: agreement;
(v) an order- () stopping him at the efficiency bar in the time-scale of pay on the ground of his unfitness to cross the bar;
(b) reverting him while officiating in a higher service, grade or post, to a lower service, grade or post, otherwise than as a penalty;
(c) reducing or withholding the pension or denying the maximum pension admissible to him under the rules;
(d) determining the subsistence and other allowances to be paid to him for the period of suspension or for the period during which he is deemed to be under suspension or for: any portion thereof;
(e) determining his pay: and allowances - 0 for the period of suspension, or
(ii) for the period from the date of his dismissal, removal or compulsory retirement from service, or from the date of his reduction to a lower service, grade, post, time-scale or stage in a time-scale of pay, to the date ofl his reinstatement or restoration to his service, grade or post; or ( determining whether or not the period from the date of his suspension or from the date of his dismissal, removal, compulsory retirement or reduction to a lower service, grade, post, time-scale of pay or stage in a time-scale of pay to the date of his reinstatement or restoration to his service, grade or post: shall be treated as a period spent on duty: for: any purpose.
EXPLANATION- In this rule-
the expression 'Government servant' includes a person who has ceased to be in Government: service; (ii the expression pension' includes additional pension, gratuity and any other retirement benefits.
What This Means
Rule 23 is the central provision defining what a government servant can actually appeal against. It provides a comprehensive list of appealable orders, covering everything from suspension and penalties to adverse pay decisions and pension reductions. The breadth of this list reflects the legislative intent that a government servant should have a meaningful right of challenge against any order that seriously affects their service career or financial entitlements.
The most commonly used heads of appeal are: suspension orders, penalty orders (both those imposed by the disciplinary authority and any enhanced penalties imposed by appellate or revisional authorities), and orders that adversely affect pay, allowances, pension, or the interpretation of service rules. The rule also covers stopping at the efficiency bar, reversion from a higher post, and orders determining subsistence allowance or pay treatment during periods of suspension, dismissal, or compulsory retirement — issues that can mean significant differences in back pay when an employee is eventually reinstated.
Two important explanatory notes are attached to this rule. First, the word 'Government servant' here includes a person who has already left service — so even after retirement or dismissal, a person can appeal against orders affecting their pension or back pay. Second, the word 'pension' is defined broadly to include additional pension, gratuity, and all other retirement benefits — so an order reducing or withholding any retirement benefit can be challenged by appeal.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1Suspension orders can be challenged by appeal under Rule 23(i).
- 2Penalties imposed under Rule 11 — whether by the disciplinary authority or by any appellate or revisional authority — are appealable.
- 3An order enhancing a penalty is independently appealable, even if the original penalty was not challenged.
- 4Orders that adversely affect pay, allowances, pension, or interpret service rules to the employee's disadvantage are appealable.
- 5Stopping at the efficiency bar, reversion from higher posts (not as a penalty), and denial of maximum pension are all covered.
- 6Orders determining subsistence allowance or pay for the period of suspension, dismissal, or reduction are appealable.
- 7The right to appeal extends to ex-government servants, and 'pension' includes gratuity and all retirement benefits.
Practical Example
Smt. Kavitha Rao, a retired Director-level officer, received an order from the pension sanctioning authority reducing her pension by 10% on account of alleged financial irregularities discovered after her retirement. She was unsure if she could challenge this since she was no longer in service. Her legal adviser pointed out that Rule 23's Explanation clarifies that 'Government servant' includes persons who have ceased to be in service. Kavitha filed a formal appeal under Rule 23(v)(c) — which specifically covers orders 'reducing or withholding the pension' — to the appellate authority within 45 days of receiving the order.
Separately, her colleague Shri Suresh had been stopped at the efficiency bar by an order of the appointing authority. Suresh appealed under Rule 23(v)(a). And their junior, Shri Prakash, who was suspended pending inquiry, appealed the suspension order under Rule 23(i) on the ground that the order was unjustified. All three types of appeals were duly entertained as they fall within the exhaustive list in Rule 23.
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.