AP CS ( CCA ) Rules, 1991AP CS ( CCA ) Rules, 1991

ART 311 of COIART 311 of COI

• Reasonable opportunity of being Reasonable opportunity of being heardheard

• No dismissal or removal except No dismissal or removal except

by authority competent to appointby authority competent to appoint

• CCA Rules framed on this principleCCA Rules framed on this principle

AP C. S. (CCA) RULESAP C. S. (CCA) RULES

• CCA RULES 1991CCA RULES 1991– C- Classification of Services C- Classification of Services – C - ControlC - Control– A – AppealA – Appeal

• CONTAINS 46 RULESCONTAINS 46 RULES• 2 SCHEDULES2 SCHEDULES• 4 APPENDICES4 APPENDICES• Schedule I: State ServicesSchedule I: State Services• Schedule II:Subordinate ServicesSchedule II:Subordinate Services

AP C. S. (CCA) RULESAP C. S. (CCA) RULES

• Appendix:I:General Subordinate Appendix:I:General Subordinate ServicesServices

• II. Authorities imposing minor II. Authorities imposing minor penalties on Subordinate officerspenalties on Subordinate officers

• III. Authorities imposing minor & III. Authorities imposing minor & major penalties against Subordinate major penalties against Subordinate officersofficers

• IV. Authorities in respect of police IV. Authorities in respect of police etcetc

Application of Rules ( Rule 3 )Application of Rules ( Rule 3 )

These rules shall apply to every Govt servant These rules shall apply to every Govt servant

exceptexcept– persons in casual employment persons in casual employment – persons subject to discharge from persons subject to discharge from

service service

on less than one month noticeon less than one month notice– Members of All India servicesMembers of All India services– Persons for whom special provision is Persons for whom special provision is

made made – in respect of matters covered.in respect of matters covered.

HOW A DISCIPLINARY CASE ARISESHOW A DISCIPLINARY CASE ARISES

• Receipt of a complaintReceipt of a complaint

• Finding the misconduct: Finding the misconduct:

• PetitionsPetitions

• News reportNews report

• Audit reportAudit report

• Office inspection etcOffice inspection etc

PRELIMINARY INQUIRYPRELIMINARY INQUIRY

• No Inquiry if the complaint is:No Inquiry if the complaint is:– ANONYMOUS orANONYMOUS or– PSUDONYMOUSPSUDONYMOUS

• But, If verifiable allegationsBut, If verifiable allegations– PRELIMINARY INQUIRY to assess factsPRELIMINARY INQUIRY to assess facts– No procedure prescribed in CCA RulesNo procedure prescribed in CCA Rules– If allegations are found correctIf allegations are found correct– Disciplinary Action to be initiatedDisciplinary Action to be initiated

Procedure to be followedProcedure to be followed• Charge Memo:Charge Memo:

• Explanation of the Public ServantExplanation of the Public Servant

• Imposing Minor PenaltyImposing Minor Penalty

• In Case of Major Penalty: InquiryIn Case of Major Penalty: Inquiry

• Appointing Inquiry officerAppointing Inquiry officer

• Appointing Presenting officerAppointing Presenting officer

Articles of ChargeArticles of Charge• A charge should be brief, clear and precise A charge should be brief, clear and precise

• It should identify the Misconduct/ misbehaviourIt should identify the Misconduct/ misbehaviour

• preferably be in the third person.preferably be in the third person.

• A separate article of charge should be framed in A separate article of charge should be framed in respect of each transaction/event or a series of respect of each transaction/event or a series of related transactions/ events.related transactions/ events.

• each misconduct should be specifically each misconduct should be specifically mentioned. mentioned.

• Multiplication or splitting up of charges on the Multiplication or splitting up of charges on the basis of the same allegation should be avoided.basis of the same allegation should be avoided.

• Charge should not contain expression of opinionCharge should not contain expression of opinion

• Charge should not relate to a matter which has Charge should not relate to a matter which has already been the subject matter of an inquiry and already been the subject matter of an inquiry and adjudication.adjudication.

A specimen of an article of A specimen of an article of chargecharge

“ “That Sri (name and designation of the Government That Sri (name and designation of the Government servant at the time of framing of the charge), while servant at the time of framing of the charge), while functioning as (designation at the time of the functioning as (designation at the time of the misconduct) from …. to (period ) demanded and misconduct) from …. to (period ) demanded and obtained an amount of Rs.5,000 as illegal obtained an amount of Rs.5,000 as illegal gratification from Sri (name ), contractor, (address) gratification from Sri (name ), contractor, (address) on at (date and time ), in his office (mention any on at (date and time ), in his office (mention any other place) promising to pass his bill ofother place) promising to pass his bill of

execution of work (give the name of the work) execution of work (give the name of the work) without objections threatening otherwise to without objections threatening otherwise to withhold payment, which constitutes misconduct of withhold payment, which constitutes misconduct of failure to maintainfailure to maintainabsolute integrity and devotion to duty and absolute integrity and devotion to duty and commission of an act unbecoming of a Government commission of an act unbecoming of a Government servant, in violation of sub-rules (1) and (2) of Rule servant, in violation of sub-rules (1) and (2) of Rule 3 of the APCS (Conduct) Rules, 1964.”3 of the APCS (Conduct) Rules, 1964.”

SUSPENSION - WHENSUSPENSION - WHEN• DISCIPLINARY ACTION PENDING OR DISCIPLINARY ACTION PENDING OR

CONTEMPLATEDCONTEMPLATED

• IF ENGAGED IN SUBVERSIVE ACTIVITIESIF ENGAGED IN SUBVERSIVE ACTIVITIES

• CRIMINAL OFFENCE UNDER INVESTIGATION, CRIMINAL OFFENCE UNDER INVESTIGATION, INQUIRY OR TRIALINQUIRY OR TRIAL

• PUBLIC SCANDALPUBLIC SCANDAL

• CUSTODY FOR MORE THAN 48 HOURS IS CUSTODY FOR MORE THAN 48 HOURS IS DEEMED TO BE UNDER SUSPENSIONDEEMED TO BE UNDER SUSPENSION

SUSPENSIONSUSPENSION• STANDARDISED FORMS GIVEN IN G.O.Ms 411 STANDARDISED FORMS GIVEN IN G.O.Ms 411

GAD Dt. 20.7.93GAD Dt. 20.7.93

• SUBSISTENCE ALLOWANCE TO BE SANCTIONEDSUBSISTENCE ALLOWANCE TO BE SANCTIONED

• NO OTHER EMPLOYMENT DURING SUSPENSIONNO OTHER EMPLOYMENT DURING SUSPENSION

• NOT FREE TO GO TO ANYWHERENOT FREE TO GO TO ANYWHERE

• NO TA WILL BE PAID IF LEFT HQ NO TA WILL BE PAID IF LEFT HQ

• RESIGNATION SHOULD NOT BE ACCEPTEDRESIGNATION SHOULD NOT BE ACCEPTED

MINOR PENALTIESMINOR PENALTIES• (i) (i) CensureCensure

• ( ii ) Withholding of promotion( ii ) Withholding of promotion

• ( iii ) omitted in 2005( iii ) omitted in 2005

• ( iv ) Withholding increment without cumulative( iv ) Withholding increment without cumulative effect not exceeding 3 yearseffect not exceeding 3 years

• ( v ) (a) Suspension where the person is already ( v ) (a) Suspension where the person is already

suspended under Rule 8suspended under Rule 8

• ( v ) (b) reduction to a lower stage in the time( v ) (b) reduction to a lower stage in the time scale of pay for a period not exceedingscale of pay for a period not exceeding three years , without cumulative effectthree years , without cumulative effect and not adversely affecting his pensionand not adversely affecting his pension

MINOR PENALTY – MAJOR ROCEDUREMINOR PENALTY – MAJOR ROCEDURE

• Withholding of increment without Withholding of increment without cumulative effect exceeding 3 yearscumulative effect exceeding 3 years

• Not a major penalty but:Not a major penalty but:

• Procedure for major penalty should Procedure for major penalty should be followedbe followed

Major penaltiesMajor penalties• ( vi ) Withholding of increment with ( vi ) Withholding of increment with

cumulative effectcumulative effect

• (vii) Reduction to: (vii) Reduction to: – (a) Lower stage in time scale of pay(a) Lower stage in time scale of pay– (b) Lower time scale of pay, grade, post or(b) Lower time scale of pay, grade, post or

ServiceService

• (viii) Compulsory retirement(viii) Compulsory retirement

• (ix) Removal(ix) Removal

• (x) Dismissal(x) Dismissal

Inquiry procedure Inquiry procedure • Preliminary hearingPreliminary hearing

• Choosing the Defence assistant by COChoosing the Defence assistant by CO

• Furnishing statements of witnesses if Furnishing statements of witnesses if recorded recorded

• Allowing to examine documents in the Allowing to examine documents in the presence of IOpresence of IO

Inquiry procedureInquiry procedure• HearingHearing

• Examination-in-ChiefExamination-in-Chief

• Cross examinationCross examination

• ReexaminationReexamination

• RecordingRecording

• Taking signature of the recorded Taking signature of the recorded statementsstatements

• Note of next hearingNote of next hearing

Inquiry procedureInquiry procedure• Personal hearing, if CO desiresPersonal hearing, if CO desires

• Written BriefWritten Brief

• Inquiry report in the form of a statement Inquiry report in the form of a statement containing :containing :– Articles of chargeArticles of charge– Defense statements Defense statements – Assessment of evidenceAssessment of evidence– Findings Findings – Submission to Disciplinary AuthoritySubmission to Disciplinary Authority

Inquiry procedureInquiry procedure• Disciplinary Authority to:Disciplinary Authority to:

– Satisfy himself/herself with the findingsSatisfy himself/herself with the findings

– If any deviation in procedure found:If any deviation in procedure found:

– Refer back to the IO for re-inquiryRefer back to the IO for re-inquiry

– DA can come to independent decision DA can come to independent decision based on the factsbased on the facts

Inquiry procedureInquiry procedure

• Once satisfied:Once satisfied:– Copy of the Inquiry Report to be Copy of the Inquiry Report to be

communicatedcommunicated

to the Charged Officer to the Charged Officer – Receipt of further representation within 30 Receipt of further representation within 30

daysdays– Speaking order of DA in consultation with Speaking order of DA in consultation with

APPSC if required APPSC if required

• AppealAppeal

• RevisionRevision

• ReviewReview

principles of natural justiceprinciples of natural justice

He should be informed of the chargesHe should be informed of the charges

He should be given reasonable opportunity He should be given reasonable opportunity to give his explanationto give his explanation

He should be supplied with all the relevant He should be supplied with all the relevant copies of documents which he required to copies of documents which he required to defend his casedefend his case

He should be informed of his right to He should be informed of his right to appoint a defence assistant to defend his appoint a defence assistant to defend his casecase

The C.O. shold be given opportunity to The C.O. shold be given opportunity to cross examine the Mgt. witnesscross examine the Mgt. witness

Personal hearing, if the Charged officer Personal hearing, if the Charged officer desires so.desires so.

Communication of written brief of the Communication of written brief of the presenting officerpresenting officer

Opportunity to submit defense statementOpportunity to submit defense statement

Communication of Inquiry reportCommunication of Inquiry report

Reasonable opportunity to make further Reasonable opportunity to make further representation on the Inquiry reportrepresentation on the Inquiry report

The penalty should be proportionate to the The penalty should be proportionate to the gravity of offencegravity of offence

While disposing appeal, if the AA decides While disposing appeal, if the AA decides to enhance penalty, the C.O. should be to enhance penalty, the C.O. should be given reasonable opportunity to being given reasonable opportunity to being heardheard

No double jeopardy.No double jeopardy.

Rules in CCA Rules, 1991Rules in CCA Rules, 1991Rule 1. Rule 1. Short title and commencementShort title and commencement

Rule 2. Rule 2. InterpretationsInterpretations

Rule 3. Rule 3. ApplicationApplication

Rule 4. Rule 4. Power to exclude from operationPower to exclude from operation

Rule 5. Rule 5. Classification of ServicesClassification of Services

Rule 6. Rule 6. Constitution of State ServicesConstitution of State Services

Rule 7. Rule 7. Constitution of Subordinate ServicesConstitution of Subordinate Services

Rule 8. Rule 8. SuspensionSuspension

Rule 9. Rule 9. PenaltiesPenalties

Rules in CCA Rules, 1991Rules in CCA Rules, 1991

Rule 10. Rule 10. Other PenaltiesOther Penalties

Rule 11. Rule 11. Disciplinary Authorities in respect ofDisciplinary Authorities in respect of

State ServicesState Services

Rule 12.Rule 12. Government’s power to impose penalties onGovernment’s power to impose penalties on

members of State Servicesmembers of State Services

Rule 13. Rule 13. Authorities competent to suspend membersAuthorities competent to suspend members

of State Servicesof State Services

Rule 14. Rule 14. D.A. and Authorities competent to suspend,D.A. and Authorities competent to suspend,

in respect of Subordinatein respect of Subordinate ServicesServices

Rules in CCA Rules, 1991Rules in CCA Rules, 1991Rule 15. Rule 15. Powers of appointing authority etc.Powers of appointing authority etc.

to suspend members of State andto suspend members of State and

Subordinate Services.Subordinate Services.

Rule 16. Rule 16. Disciplinary authority in case ofDisciplinary authority in case of

promotion or transfer of a member of apromotion or transfer of a member of a

Service and a reversion or reductionService and a reversion or reduction

Rule 17.Rule 17. Special provision to respect of PoliceSpecial provision to respect of Police

Officials employed in Anti – CorruptionOfficials employed in Anti – Corruption

Bureau, Vigilance and EnforcementBureau, Vigilance and Enforcement

Department and Lokayukta and Upa-Department and Lokayukta and Upa-

LokayuktaLokayukta

Rules in CCA Rules, 1991Rules in CCA Rules, 1991Rule 18. Rule 18. Lower authority not to reopen case:Lower authority not to reopen case:

Rule 19. Rule 19. Authority to institute proceedingsAuthority to institute proceedings

Rule 20. Rule 20. Procedure for imposing major penaltiesProcedure for imposing major penalties

Rule 21. Rule 21. Action o n the Inquiry reportAction o n the Inquiry report

Rule 22.Rule 22. Procedure for imposing minor penaltiesProcedure for imposing minor penalties

Rule 23.Rule 23. Communication of orders Communication of orders

Rule 24. Rule 24. Common proceedingsCommon proceedings

Rules in CCA Rules, 1991Rules in CCA Rules, 1991

Rule 25. Rule 25. Special procedure in certain cases Special procedure in certain cases

Rule 26.Rule 26. Waiver procedure to certain casesWaiver procedure to certain cases

Rule 27.Rule 27. Action on report of Lokayukta and Upa-Action on report of Lokayukta and Upa-LokayuktaLokayukta

Rule 28.Rule 28. Rule not to affect provisions relating toRule not to affect provisions relating toAndhra Pradesh Survey and Land Andhra Pradesh Survey and Land

RecordsRecordsSubordinate ServiceSubordinate Service

Rule 29. Rule 29. Rules not to affect provisions in AndhraRules not to affect provisions in AndhraPradesh Stationery ManualPradesh Stationery Manual

Rules in CCA Rules, 1991Rules in CCA Rules, 1991Rule 30.Rule 30. Provisions regarding officers lent toProvisions regarding officers lent to

Government of India etc.Government of India etc.

Rule 31.Rule 31. Provisions regarding officers Provisions regarding officers borrowedborrowed

from Government of India etc.from Government of India etc.

Rule 32. Rule 32. Orders against which no appeal liesOrders against which no appeal lies

Rule 33.Rule 33. Orders against which appeal liesOrders against which appeal lies

Rule 34.Rule 34. Appellate AuthoritiesAppellate Authorities

Rule 35.Rule 35. Period of limitation for appealsPeriod of limitation for appeals

Rules in CCA Rules, 1991Rules in CCA Rules, 1991Rule 36.Rule 36. Form and contents of appealForm and contents of appeal

Rule 37.Rule 37. Consideration of Appeal Consideration of Appeal

Rule 38.Rule 38. Review of original orders passed byReview of original orders passed by

Govt., in lieu of appealGovt., in lieu of appeal

Rule 39.Rule 39. Implementation of orders in appealImplementation of orders in appeal

Rule 40.Rule 40. RevisionRevision

Rule 41.Rule 41. ReviewReview

Rules in CCA Rules, 1991Rules in CCA Rules, 1991Rule 42.Rule 42. Service of orders, notices etc.Service of orders, notices etc.

Rule 43.Rule 43. Power to relax time-limit and toPower to relax time-limit and to

condone delaycondone delay

Rule 44.Rule 44. Supply of copy of Commission’s Supply of copy of Commission’s adviceadvice

Rule 45.Rule 45. Repeal and SavingRepeal and Saving

Rule 46.Rule 46. Removal of DoubtsRemoval of Doubts

Prescribed FormatsPrescribed Formats( ( G.O. Ms. No. 411 G.A.D., Dt. 20.07.1993 )G.O. Ms. No. 411 G.A.D., Dt. 20.07.1993 )

• Annexure – I - Form of order of suspension Annexure – I - Form of order of suspension

( Where charge sheet has been issued )( Where charge sheet has been issued )

• Annexure – II Form of order of Suspension Annexure – II Form of order of Suspension

( where disciplinary proceedings are ( where disciplinary proceedings are contemplated )contemplated )

• Annexure – III – Form of order of suspension Annexure – III – Form of order of suspension

( Where a case has been registered and it ( Where a case has been registered and it is under investigation ) is under investigation )

Prescribed FormatsPrescribed Formats

( G.O. Ms. No. 82, G.A. ( Ser.C.) Dept., Dt. ( G.O. Ms. No. 82, G.A. ( Ser.C.) Dept., Dt. 1.3.1996 )1.3.1996 )

Form- I - Non employment CertificateForm- I - Non employment Certificate Form- II Form- II - Articles of Charges- Articles of Charges Form- III - Order of revocation of suspension Form- III - Order of revocation of suspension

orderorder Form- IV- Appointment of Inquiry AuthorityForm- IV- Appointment of Inquiry Authority Form- VForm- V - Appointment of Presenting - Appointment of Presenting

OfficerOfficer Form-VIForm-VI - Memorandum of Charges for - Memorandum of Charges for

imposing minor penalty under Rule 22imposing minor penalty under Rule 22 Form-VII- Minor Penalty proceedingsForm-VII- Minor Penalty proceedings Form-VIII- Common Proceedings Form-VIII- Common Proceedings