CCS (CCA) Rules 1965

Sample questions

From the departmental-exam question corpus. These have not been through RankRacer's answer-verification gate — check the rule itself before relying on one.

1. 1.Which one of the following statements is correct?

   • A.Suspension of a government servant is a routine matter in disciplinary cases
   • B.Suspension amounts to reduction as he is paid reduced rates during the period
   • C.Suspension is an executive action whereby a government servant is kept out of duty temporarily pending final action being taken against him
   • D.Suspension is prelude to removal/dismissal of a government servant
   Explanation

   Correct Answer: C - Suspension is an executive action whereby a government servant is kept out of duty temporarily pending final action being taken against him Rule Reference: Rule 10 of CCS (CCA) Rules, 1965 - Suspension Rule 10(1): "The appointing authority or any authority to which it is subordinate or the disciplinary authority or any other authority empowered in that behalf by the President, by general or special order, may place a Government servant under suspension— (a) where a disciplinary proceeding against him is contemplated or is pending; or (b) where, in the opinion of the authority aforesaid, he has engaged himself in activities prejudicial to the interest of the security of the State; or (c) where a case against him in respect of any criminal offence is under investigation, inquiry or trial." GID (5) under Rule 10 - Nature of Suspension: "Suspension is not a penalty. It is resorted to only as an interim measure pending finalisation of the disciplinary case/criminal prosecution. It is an executive action keeping the Government servant out of duty temporarily." GID (3) under Rule 10 - Suspension not routine: "Suspension should not be resorted to as a routine measure. It should be used sparingly and only in cases where the continued presence of the official in the office is likely to prejudice the investigation or where his continuance in office is against the wider public interest." Key Characteristics of Suspension: • Suspension is NOT a penalty - it is an administrative/executive action • It is a temporary measure to keep the employee away from duty • Purpose: To prevent tampering with evidence, influencing witnesses, or hampering investigation • Employee remains in service during suspension period • Must be reviewed within 90 days as per Rule 10(6) Why other options are incorrect: A. ✗ As per GID (3), suspension is NOT a routine matter - it should be resorted to sparingly and only in specific circumstances. It requires proper application of mind by competent authority. B. ✗ Suspension does NOT amount to reduction in rank - Reduction is a penalty under Rule 11(v) and 11(vi). During suspension, employee receives Subsistence Allowance under FR 53, which is not "reduced pay as punishment" but a maintenance allowance. D. ✗ Suspension is NOT necessarily a prelude to removal/dismissal - As per GID (5), it is only an "interim measure." Suspension may end with: (i) exoneration and reinstatement, (ii) minor penalty, (iii) major penalty, or (iv) dropping of charges.

2. 2.Recovery from the pay of a government servant as a punishment for any pecuniary loss caused by him to the government by negligence

   • A.should not exceed 1/3rd of his basic pay
   • B.should not be spread over a period of more than three years
   • C.be waived by the competent authority in deserving cases
   • D.be made from the delinquent official spreading over a period of time till the entire amount is recovered
   Explanation

   Correct Answer: D - be made from the delinquent official spreading over a period of time till the entire amount is recovered Rule Reference: Rule 11(iii) of CCS (CCA) Rules, 1965 - Minor Penalties Rule 11(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." GID (1) under Rule 11(iii) - Nature of Recovery: "Recovery of pecuniary loss is a minor penalty. The whole or part of the loss caused to Government can be recovered from the pay of the delinquent Government servant." GID (2) under Rule 11(iii) - No Upper Limit: "There is no upper ceiling prescribed on the amount that can be recovered. The entire pecuniary loss, if established, can be ordered to be recovered." GID (3) under Rule 11(iii) - Spreading Over Time: "The recovery is to be spread over a period of time keeping in view the paying capacity of the Government servant. Monthly deductions are made from the salary until the entire amount ordered to be recovered is realized." Important Features of Recovery Penalty: • Recovery is classified as a Minor Penalty under Rule 11(iii) • The whole or part of the pecuniary loss can be recovered • There is NO upper limit prescribed on the quantum of recovery • There is NO time limit for completing recovery • Recovery is spread over time considering the employee's paying capacity Why other options are incorrect: A. ✗ No 1/3rd limitation exists in Rule 11(iii) or any GID - The rule clearly states "whole or part" of pecuniary loss can be recovered without any ceiling. B. ✗ No three-year limitation is prescribed in the Rules or GIDs - Recovery continues until the entire amount is recovered, regardless of time taken. C. ✗ Once a penalty is validly imposed, it cannot be unilaterally "waived" - Any modification requires proper review/revision process under Rule 29 or appeal under Rule 27.

3. 3.Which of the following under the CCS (CCA) Rules amounts to penalty?

   • A.Termination of service during or at the end of probation
   • B.Termination in accordance with the terms of an agreement of appointment
   • C.Termination of service of a temporary government servant under Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965
   • D.Compulsory retirement
   Explanation

   Correct Answer: D - Compulsory retirement Rule Reference: Rule 11 of CCS (CCA) Rules, 1965 - Penalties Rule 11(vii) - Major Penalty: "Compulsory retirement of a Government servant in accordance with the provisions relating to his superannuation or retirement." Complete List of Penalties under Rule 11: Minor Penalties: • (i) Censure • (ii) Withholding of promotion • (iii) Recovery from pay of pecuniary loss • (iii-a) Reduction to lower stage in time-scale (without cumulative effect, max 3 years) • (iv) Withholding of increments Major Penalties: • (v) Reduction to lower stage in time-scale (with cumulative effect) • (vi) Reduction to lower time-scale, grade, post or service • (vii) Compulsory retirement • (viii) Removal from service • (ix) Dismissal from service Explanation to Rule 11 - What does NOT amount to penalty: "The following shall not amount to a penalty within the meaning of this rule, namely:- (a) termination of the service of a Government servant appointed on probation, during or at the end of the period of his probation, in accordance with the terms of his appointment or the rules and orders governing such probation; (b) termination of a temporary Government servant in accordance with the provisions of sub-rule (1) of Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965; (c) termination of the service of a Government servant, employed under an agreement, in accordance with the terms of such agreement." GID (1) under Explanation to Rule 11: "The distinction between termination of service as a penalty and termination under terms of appointment/agreement is that the former is punitive in nature requiring inquiry, while the latter is administrative/contractual in nature." Why other options are incorrect: A. ✗ Explicitly excluded by Explanation (a) to Rule 11 - Probationary termination is contractual, not punitive B. ✗ Explicitly excluded by Explanation (c) to Rule 11 - Agreement-based termination is contractual C. ✗ Explicitly excluded by Explanation (b) to Rule 11 - Temporary service termination under CCS(TS) Rules is administrative

4. 4.Disciplinary action under the CCS (CCA) Rules can be initiated against a Central Government employee/officer

   • A.on receipt of a complaint
   • B.after initiating an enquiry
   • C.after a prima facie case is established
   • D.after receiving an explanation from the employee
   Explanation

   Correct Answer: C - after a prima facie case is established Rule Reference: Rule 14 of CCS (CCA) Rules, 1965 - Procedure for Imposing Major Penalties Rule 14(3): "Where it is proposed to hold an inquiry against a Government servant under this rule, the disciplinary authority shall draw up or cause to be drawn up the substance of the imputations of misconduct or misbehaviour into definite and distinct articles of charge..." GID (1) under Rule 14 - Preliminary Inquiry: "Before a charge-sheet is issued, a preliminary inquiry should be conducted to verify the allegations and collect prima facie evidence. Charge-sheet should not be issued on the basis of unverified complaints." GID (2) under Rule 14 - Prima Facie Case: "The disciplinary authority should satisfy itself that there is a prima facie case for proceeding against the Government servant before issuing a charge-sheet. Disciplinary proceedings should not be initiated on frivolous or unsubstantiated allegations." CVC Guidelines on Prima Facie Case: "Before issuing a charge-sheet, the disciplinary authority should be satisfied that there is a prima facie case for proceeding against the officer concerned. The charge-sheet should be issued only after proper application of mind to the material available." Proper Sequence of Disciplinary Proceedings: 1. Receipt of complaint/information about alleged misconduct 2. Preliminary inquiry/fact-finding to verify allegations 3. Establishment of prima facie case (sufficient material to proceed) 4. Decision to initiate disciplinary action by competent authority 5. Issue of Charge Sheet under Rule 14(3) 6. Written Statement of Defence from charged officer - Rule 14(3) 7. Formal Inquiry (if charges not admitted) - Rule 14(5) onwards 8. Inquiry Report and final orders - Rule 15 Why other options are incorrect: A. ✗ Mere receipt of complaint is insufficient - As per GID (1), complaints must be verified through preliminary inquiry first. B. ✗ "Enquiry" under Rule 14 is conducted AFTER charge sheet is issued under Rule 14(5). The formal inquiry is part of the disciplinary proceedings, not a precondition for initiating them. D. ✗ Explanation from employee (Written Statement of Defence) is obtained AFTER charge sheet is served under Rule 14(3). This comes during the proceedings, not before initiation.

5. 5.When a day cannot be marked as dies non?

   • A.When the official remains absent from duty without prior information
   • B.When the official becomes a habitual late comer
   • C.When the official leaves the office without prior permission
   • D.When the official remains in office but refuses to perform duty assigned to him
   Explanation

   Correct Answer: B - When the official becomes a habitual late comer Rule Reference: Government of India Decisions under Rule 11 of CCS (CCA) Rules, 1965 on Dies Non Definition: "Dies Non" literally means "a day that does not count" - it is a day which is not counted for any service purpose including increment, leave accrual, pension calculation, etc. GID (1) under Rule 11 - Circumstances for Dies Non: "A day can be marked as 'Dies Non' only under the following three circumstances: (i) When the official remains absent from duty without prior information; (ii) When on duty in office, the official leaves the office without proper permission; and (iii) When the official remains in office, but refuses to perform duty assigned to him." GID (2) under Rule 11 - Late Coming and Dies Non: "Late coming to office cannot be treated as 'Dies Non'. When an official comes late but works throughout the remaining office hours, he has performed his duties for that day. The day cannot be treated as 'not worked' because work was actually performed." DoPT OM on Dealing with Habitual Late Coming: "Habitual late coming should be dealt with through: (a) Counselling/Warning for occasional late coming (b) Recording remarks in Service Book for habitual late coming (c) Disciplinary action under CCS (CCA) Rules for persistent cases (d) Deduction of casual leave (half day CL) as per departmental instructions" Why habitual late coming CANNOT be marked as Dies Non: • Employee came to office and performed duties during remaining hours • Dies Non requires complete non-performance of duty • Late coming is a separate misconduct dealt with differently • Dies Non is reserved for total absence or refusal of work Note: Show cause notice should be issued before marking dies non in any case. Why other options are incorrect (these ARE valid grounds for Dies Non): A. ✓ Valid ground under GID (1)(i) - Absence without prior information clearly qualifies C. ✓ Valid ground under GID (1)(ii) - Leaving office without permission qualifies D. ✓ Valid ground under GID (1)(iii) - Physical presence but refusal to work qualifies

6. 6.A special judge under the Prevention of Corruption Act, 1988 can try

   • A.offences specified only in the relevant Section of the above Act
   • B.any other offence against the same accused being tried under the above Act, under the Code of Criminal Procedure, 1973
   • C.any offence under the CCS (Conduct) Rules
   • D.any offence under the CCS (Conduct) Rules
   Explanation

   Correct Answer: B - any other offence against the same accused being tried under the above Act, under the Code of Criminal Procedure, 1973 Rule Reference: Prevention of Corruption Act, 1988 Section 3 - Power to Appoint Special Judges: "The Central Government or the State Government may, by notification in the Official Gazette, appoint as many special Judges as may be necessary for such area to try— (a) any offence punishable under this Act; and (b) any conspiracy to commit or any attempt to commit or any abetment of any of the offences specified in clause (a)." Section 4(1) - Exclusive Jurisdiction: "Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the offences specified in sub-section (1) of section 3 shall be tried by special Judges only." Section 4(3) - Extended Jurisdiction: "When trying any case, a special Judge may also try any offence, other than an offence specified in section 3, with which the accused may, under the Code of Criminal Procedure, 1973 (2 of 1974), be charged at the same trial." Jurisdiction of Special Judge under PC Act: • Primary Jurisdiction: Offences under the Prevention of Corruption Act, 1988 [Section 4(1)] • Extended Jurisdiction: Any other offence with which the accused may be charged at the same trial under CrPC [Section 4(3)] Commonly tried IPC offences along with PC Act offences: • Section 120-B IPC (Criminal Conspiracy) • Section 420 IPC (Cheating) • Section 467, 468, 471 IPC (Forgery related offences) • Section 409 IPC (Criminal Breach of Trust by public servant) Rationale for Section 4(3): • Single trial for all connected offences • Avoids multiplicity of proceedings • Expeditious disposal of cases • Consistent findings on related charges Why other options are incorrect: A. ✗ Too restrictive - Section 4(3) specifically expands jurisdiction beyond just PC Act offences C & D. ✗ CCS (Conduct) Rules violations are NOT criminal offences - Special Judge is a criminal court trying only criminal offences, not service rule violations

7. 7.A, being a public servant directed by law to take property in execution, in order to satisfy a decree pronounced in Z's favour by a court of justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. In this case

   • A.A has not committed any offence
   • B.A is not supposed to enforce such order of the court of justice
   • C.A has committed an offence of negligence of duty
   • D.None of the above
   Explanation

   Correct Answer: C - A has committed an offence of negligence of duty Rule Reference: Section 166 of Indian Penal Code, 1860 Section 166 IPC - Public servant disobeying law, with intent to cause injury to any person: "Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both." Illustration to Section 166 IPC: "A, being an officer directed by law to take property in execution, in order to satisfy a decree pronounced in Z's favour by a Court of Justice, knowingly disobeys that direction of law, with the knowledge that he is likely thereby to cause injury to Z. A has committed the offence defined in this section." Analysis of the given case: • A is a public servant - Directed by law to take property in execution ✓ • Legal duty exists - To satisfy a court decree in Z's favour ✓ • Knowingly disobeys - Aware of the direction of law ✓ • Knowledge of likely injury - Knows his disobedience will likely injure Z ✓ Essential Ingredients of Section 166 IPC: 1. Accused must be a public servant 2. There must be a direction of law regarding his conduct 3. Knowing disobedience of such direction 4. Intent or knowledge that injury will likely result Punishment: Simple imprisonment up to 1 year, or fine, or both Note: This question is taken directly from the Illustration given under Section 166 IPC. Why other options are incorrect: A. ✗ A has clearly committed an offence under Section 166 IPC - all essential ingredients are satisfied B. ✗ A is absolutely supposed to enforce court orders - it is his legal duty as a public servant; refusal is a criminal offence D. ✗ Option C correctly identifies the offence, hence "None of the above" is incorrect

8. 8.A government servant was caught red-handed while taking a bribe by CBI. CBI instead of prosecuting sent the case to the head of the department for departmental action for major penalty. Which of the following is the correct decision?

   • A.Inquiry officer concluded - charge not proved as he was not a habitual offender - appears to be a motivated case
   • B.Disciplinary authority imposed minor penalty being the first offence
   • C.On appeal, appellate authority enhanced the penalty to a major penalty {Clause V of Rule 11 of the CCS (CCA) Rules} as the nature of offence being grave under Rule 27(2)(c)i
   • D.None of the above
   Explanation

   Correct Answer: C - On appeal, appellate authority enhanced the penalty to a major penalty {Clause V of Rule 11 of the CCS (CCA) Rules} as the nature of offence being grave under Rule 27(2)(c)i Rule Reference: Rule 27 of CCS (CCA) Rules, 1965 - Consideration of Appeal Rule 27(2): "In the case of an appeal against an order imposing any of the penalties specified in rule 11 or enhancing any penalty imposed under the said rules, the appellate authority shall consider— (a) whether the procedure laid down in these rules has been complied with and if not, whether such non-compliance has resulted in violation of any provisions of the Constitution or in failure of justice; (b) whether the findings of the disciplinary authority are warranted by the evidence on the record; and (c) whether the penalty or the enhanced penalty imposed is adequate, inadequate or severe." GID (1) under Rule 27 - Power to Enhance: "The appellate authority has the power to enhance the penalty if it finds that the penalty imposed by the disciplinary authority is inadequate having regard to the gravity of the misconduct proved." GID (2) under Rule 27 - Enhancement Procedure: "Before enhancing the penalty, the appellate authority shall give the Government servant a reasonable opportunity of making a representation against the proposed enhancement." CVC Guidelines on Corruption Cases: "In cases of acceptance of illegal gratification/bribery, the penalty should ordinarily be dismissal or removal from service, which are the only adequate penalties for such grave misconduct. Minor penalty in corruption cases would be grossly inadequate and against public interest." Powers of Appellate Authority under Rule 27: • Confirm, modify, or set aside the penalty • Enhance the penalty if found inadequate • Remit the case for further inquiry • Pass such orders as deemed fit in the circumstances Why enhancement is correct in this case: • Bribery is a grave misconduct of vigilance nature • Caught red-handed by CBI - strongest possible evidence • Minor penalty for corruption is grossly inadequate • Appellate authority correctly exercised power under Rule 27(2)(c) Why other options are incorrect: A. ✗ "Not a habitual offender" is irrelevant for corruption - Even single instance is grave misconduct. "Caught red-handed by CBI" cannot be "motivated" - finding would be perverse. B. ✗ Minor penalty for bribery is grossly inadequate as per CVC guidelines - "First offence" is no mitigating factor for corruption. D. ✗ Option C correctly states the law - Appellate authority's enhancement is legally valid.

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