CC&A Rules – Detailed Notes

These rules are applicable to both State and Subordinate Services. (State
Services means Gazetted Officers and Non-Gazetted Officers come under
Subordinate Services)

I. Suspension: (Rule 8) – A Government may be placed under suspension under

the following circumstances:-

Sub-Rule (1)

(a) When there is prima facie evidence against the Govt servant to initiate
disciplinary proceedings
(b) When the Govt servant has engaged himself in activities prejudicial to the
interest of the security of the State
(c) A criminal case is under investigation, inquiry or trail.
(d) A Govt servant can be suspended even if the offence with which he is
charged does not have any bearing on his official duties.
Sub-Rule (2) – Deeming provision
(a) If the detention of the Govt servant in a criminal case exceeds 48 hours.
(b) If the Govt servant is convicted by a competent court for any offence and
sentenced to undergo for a term of imprisonment exceeding 48 hours and
if he is not immediately dismissed or removed or compulsorily retired
consequent to such conviction.
(c) The suspension can be revoked, as soon as the criminal proceedings
based on which a Govt servant is suspended are terminated.

Revocation of suspension order:

The order of suspension can be revoked by the authority which made the order or
any superior authority. (Rule 8(5)(c)
Detailed Notes on various matters relating to suspension
(1) While issuing suspension orders, different proformae prescribed by
the Govt should only be used.
(2) Suspension orders shall be issued by the Competent Authority
only, and not by any lower authority.
(3) Suspension ordered by a lower authority which is not competent
cannot be ratified by the competent authority or any higher
authority.
(4) Suspension orders issued under Sub-Rule (1) above take effect
from the date of receipt of the orders by the Govt servant.
(5) Suspension orders issued under Sub-Rule (2) above take effect
from the date of detention of the Govt servant, i.e., with
retrospective effect.
(6) There may be a few cases wherein the Govt servant, after
spending in detention for a period exceeding 48 hours, may have
discharged his duties, and later, on coming to his notice, the
competent authority issues the suspension order for his
involvement in the case and his detention. Such order takes effect
from the date of receipt of the order, as by the date the suspension
order is issued the Govt servant might be discharging his duties.
(7) If the suspension order is not able to be served on the Govt servant
in the event of his non-availability or if his whereabouts are not
known or he has vacated the last known / given address or he
refuses to take the order, the suspension order shall be got
published in the Gazette as per the rule 42(iii) of CCA Rules. After
publication in the Gazette, the order is deemed to have been
served on him. For this purpose, the Head of the Office or the
Competent Authority should write to the Commissioner for Printing
and Stationery, Hyderabad, for publication of the order in the next
Govt Gazette.
(8) There may be a few cases in which the personnel working in the
Stores, Cash Section and other important seats are placed under
suspension. In such cases, they should be first allowed to hand
over complete charge of their seats within a reasonable period and
then the suspension orders can be served.
(9) The purpose of suspending a Govt servant is to facilitate easy
collection of evidence and to see that he does not win over
witnesses and also he does not tamper any evidence
(10) It is to be noted that the suspended employee is temporarily not
allowed to work like any other employees, but he is still subject to
all kinds of rules and regulations.

(11) The suspended employee cannot leave the headquarters specified

by the competent authority in the suspension order
(12) The suspended employee cannot take up any other employment.
(13) He shall submit non-employment certificate every month to his
department for claiming his subsistence allowance.
 (14) The suspended employee has a right to file an appeal against his
suspension to the Appellate Authority as per rule 33 (1)(i) of CCA
rules.
(15) Though no mention is made in the suspension order, it is construed
that it is valid for six months.
(16) Before completion of six months, the authority which issued the
suspension order has to take a decision whether to continue him
under suspension or reinstate him into service pending disciplinary
proceedings.
(17) Next and subsequent reviews shall be done by the next higher
authority.
(18) Govt in G.O.Ms.No. 86, GAD, dt 08-03-1994, fixed an outer limit of
two years for keeping the Govt Servants under suspension. If the
authority feels that the Govt Servant still needs to be continued
under suspension even beyond two years, proposals need to be
sent to Govt where the Principal Secretary in the Administrative
Department at Secretariat would review the case and make
suitable recommendations as to the desirability or otherwise for
further continuance of the Govt Servant under suspension.
(19) A suspended employee cannot be promoted.
(20) If a suspended employee submits his resignation consequent to his
suspension, it should not be considered. (Rule 30 of General
Rules)
(21) The order by which the suspension order is issued shall be entered
in the Service Register.

PAYMENT OF SUBSISTENCE ALLOWANCE AND SETTLEMENT OF SUSPENSION

PERIOD

(1) Subsistence allowance or grant means a monthly payment made to a Govt

servant who is not in receipt of pay or salary (FR9(27)
(2) When a Govt employee is placed under suspension, he is entitled to receive
subsistence allowance.
(3) For first three months, equal to leave salary which he would have drawn if he had
been on leave on half pay (FR53((i)(ii)(a)
(4) Subsistence Allowance (FR-53) to be drawn as follows:- (upto reinstatement)
Pay - ½ (half)
 DA - Proportionate
HRA - Full
CCA - Full
(5) If the period of suspension is prolonged for reasons not directly attributable to the
suspended employee, subsistence allowance may be increased by an amount not
exceeding 50% of that admissible allowance paid during the period of first three
months (FR53((i)(ii)(a)(i)
(6) If the period of suspension is prolonged for reasons directly attributable to the
suspended employee, subsistence allowance may be reduced by an amount not
exceeding 50% of that admissible allowance paid during the period of first three
months (FR53((i)(ii)(a)(i)
(7) Certificate on non-employment to be submitted by the suspended employee for
drawal of his subsistence allowance
(8) Payment of subsistence allowance should not be stopped on the pretext that
subsequent reviews were not done.
(9) The suspended employee who is lodged in prison or released on bail be paid
subsistence allowance.
(10) Medical reimbursement bills of the suspended employees may be admitted.
(11) Suspended Govt Servant can be sanctioned GPF part final withdrawal / temporary
advance
(12) Suspended Govt Servant cannot be sanctioned any annual grade increments /
leave during the period of suspension
(13) GPF contribution can be recovered from the suspension allowance at the request
of the suspended Govt Servant.
(14) Govt LIC, GIS, PT, IT and EWF should be recovered from the subsistence
allowance.
(15) The annual grade increment may be released after of one year from the date of
re-instatement of the Govt Servant. (Govt Memo No. 27703/778-A/FR-II/2012, dt
26-02-2013, of Fin Dept.
(16) Deductions like GPF or advances should not be made from the subsistence
allowance (Rule 15 of GPF rules). However on reinstatement into service and at
the request of the employee, such recoveries during the suspension period can
be effected. (Rule 9 of GPF rules)
(17) However deductions like Income Tax, Profession Tax, House rent can be
deducted from the subsistence allowance.
(18) It should be ensured that the total deductions shall not exceed 1/3 of the
subsistence allowance.
(19) In case of death of the suspended employee before conclusion of proceedings,
the period from the date of suspension to the date of death shall be treated as “on
duty” for all purposes. (FR54-B(2)
(20) If the Govt servant is fully exonerated in the Disciplinary Proceedings, the entire
period of suspension shall be treated as “on duty”.
(21) If the Govt servant is awarded even a minor punishment after conclusion of
Disciplinary Proceedings, the period of suspension, if any, shall be treated as “not
on duty”.
(22) If an employee dies while under suspension, the suspension period has to be
treated as “on duty” for all purposes. (GO Ms No. 275, Fin & Plng, dt 08-08-1977)
(23) If an employee while continuing under suspension attains the age of
superannuation, he should be allowed to retire from service without prejudice to
finalization of disciplinary proceedings against him. (GO Ms No 64, Fin & Plng
Dept, dt 01-03-1979)
(24) After reinstatement into service and finalization of Disciplinary Proceedings, the
suspension has to be regularized either “on duty” or “Not on duty:
(25) Where suspension period is treated as “not on duty” upon conclusion of the
Disciplinary Proceedings and award of a punishment, as envisaged in Rule 9 of
(CC&A) Rules, 1991, such suspension period can be converted into leave of any
kind due and admissible to the employee at his specific request. (FR54(5) and
FR54-A7)
(26) After exhausting all the available leave, the Govt servant can be sanctioned
extraordinary leave for regularization of the dismissal / deemed suspension /
suspension period, and such EOL may also be counted for the purpose of
notional increments and pension only. (GO Ms No. 307, Finance (FR.II) Dept,
dated 03-12-2012.
(27) Where a Govt is awarded some kind of punishment upon conclusion of the
Disciplinary Proceedings, the period of absence, if any, shall be treated as
“LWP”.

TREATMENT OF SUSPENSION PERIOD – FUNDAMENTAL RULES

FR-52 Pay and allowances of a Govt servant who is dismissed or removed

from service ceased from the date of such dismissal or removal.
FR-53-1 A Govt servant who is placed under suspension is entitled to receive
suspension or subsistence allowance
FR-53-1(a) For the first three months of suspension, a Govt servant is entitled to
receive subsistence allowance @ 50%
FR-53-1(a)(i) Subsistence allowance may be increased by 50%, after completion of
first three months of suspension, if the delay is not attributed to the Govt
servant
FR-53-1(a)(ii) Subsistence allowance may be decreased by 50%, after completion of
first three months of suspension, if the delay is attributed to the Govt
 servant
FR-54-B(2) If a Government servant dies while under suspension before conclusion
of the departmental proceedings, the period from the date of
suspension till date of death of the Govt servant is to be treated as on
duty, subject to adjustment in respect of subsistence allowance already
paid.
FR-54-B(3) Where further action is dropped, period of suspension is to be treated
as on duty.

Preliminary enquiry:

Chief Office in Memo Rc.No. 275/O2/2009, dt 29-06-2009, issued detailed

instructions on how to conduct the Preliminary Enquiry.

(1) It is an initial step taken by the Disciplinary Authority to ascertain

whether there is prima facie evidence to proceed against the Govt
servants again whom allegations are received.
(2) When allegations capable of being enquired into are received against a
Govt servant, the Disciplinary Authority or any authority superior to the
Disciplinary Authority may order a Preliminary Enquiry by appointing,
preferably a Gazetted Officer, to enquire into the allegations.
(3) There is no prescribed procedure for conducing Preliminary Enquiry.
(4) Preliminary Enquiry is always held behind back of the Govt servant
against whom allegations are received.
(5) The Govt servant against whom allegations are made has no role to
play in the Preliminary Enquiry. In other words, his explanation is not
sought, and the Govt servant also cannot request the PE officer to
allow him to submit his version.
(6) The PE officer collects relevant documents relating to the charges,
secures and records statements of the relevant witnesses and submits
his report to the Disciplinary Authority or the authority which ordered
the PE, duly mentioning his findings and enclosing documents
collected and statements recorded.
(7) After recording statements of the witnesses, the PE officer has to
append a certificate, “Recorded by me as per the dictation of the
deponent, read over contents to him / her and admitted to be correct”,
and both the PE Officer and the witnesses need to sign the statements.
(8) The PE report cannot be basis for imposing any penalty on the Govt
servant.
(9) After receipt of the PE report, the competent authority can take a
decision whether to frame charges against the Govt servant or drop
further action on the allegations in the light of the material received.
 (10) Where the competent authority orders a regular enquiry, the PE report
should also be marked as one of the prosecution exhibits and the PE
officer should also be cited as one of the prosecution witnesses.
(11) Nirmala J Jhala Vs State of Gujarat @ ANR (Civil Appeal No. 2668 of
2005), Amlendu Ghosh Vs District Traffic Superintendent, North
Eastern Railway, Katiyar, AIR 1960 SC 992, Chiman Lal Shah vs
Union of India AIR 1964 SC 1854, Government of India, Ministry of
Home Affairs and others Vs Tarak Nath Ghoush AIR 1971 SC 823,
Narayan Dattatreya Ramteerathakhar Vs State of Maharashtra &
others, AIR 1997 SC 2148 – Preliminary enquiry has nothing to do with
the enquiry conducted after issue of charge sheet. The Preliminary
Enquiry is only to find out whether disciplinary enquiry should be
initiated against the delinquent. Once regular inquiry is held under the
rules, the Preliminary Enquiry loses its importance.

II. PENALTIES AND DISCIPLINARY AUTHORITIES (Rule 9 and Rule 10)

Rule 9 provides for two kinds of penalties, such as Minor Penalties and Major Penalties,
which are mentioned below:-
Minor Penalties
(i) Censure
(ii) Withholding of promotion
(iii) Withholding of increments without cumulative effect for a period not exceeding
three years
(iv) Suspension (if this is to be awarded, the Govt Servant should have already been
placed under suspension as per rule 8(1)
(v) Reduction to a lower stage in the time scale of pay for a period not exceeding
three years without cumulative effect
Major penalties
(i) Withholding of increments with cumulative effect (increments can be postponed
for any number of years as the Disciplinary Authority may consider necessary)
(ii) Reduction to a lower stage in the time scale of pay for a specified period with
cumulative effect
(iii) Reduction to a lower time scale of pay, grade, post or service
(iv) Compulsory retirement
(v) Removal from service
(vi) Dismissal from service
III. Rule 10 also provides for imposing (a) fine on the members of Last Grade Service
employees, (b) suspension for a period of not exceeding 15 days on the Forest Guards,
directly recruited Members of Police Subordinate Service and Special Armed Police
Service and Members of Fire Subordinate Service.
Notes
(a) For award of any of the above major penalties, an inquiry as per the procedure
laid down in Rule 20 of CCA rules is required to be conducted.
(b) For award of any of the above minor penalties, only a prescribed memo and
Statement of Imputations are to be served on the Govt Servant. Upon receipt of
his explanation, any of the minor penalties can be imposed.
(c) After conducting the departmental enquiry as per the Rule 20 of CCA Rules, any
of the minor penalties can also be imposed. (Sub Rule-4 of Rule 21 of CCA
Rules)
(d) In all proved charges relating to bribery, misappropriation, bigamy, corruption,
moral turpitude, forgery and outraging the modesty of women, penalty of dismissal
from service shall be imposed. (G.O.Ms.No. 458, GA (Ser.C) Dept, dt 22-09-2009
and G.O.Ms.No. 2, GA (Ser.C) Dept, dt 04-01-1999).
(e) Leave Without Pay is not a punishment, and hence there is no appeal on it.
(f) Government have issued orders in G.O.Ms.No.260, GAD (Ser.C) department, dt:
04.09.2003 and G.O.Ms.No.8, Finance (FR.I) department, dt: 08.01.2004 read
with note 4 of FR.18 stated that “in all cases of unauthorized absence to duty for a
period exceeding ‘one year ‘the penalty of removal from service shall be imposed
on the Government employee”.

IV. As per the Rule 12, Government may place any Govt servant under suspension and
impose any penalties as specified in Rule 9

V. As per Rule 13, Commissioners of Police / DIsG and equivalent rank officers are
competent to suspend Inspectors / Reserve Inspectors of Police. For Administrative
Officers, there is no Regional Authorities. Hence, the DGP being the HOD and
Appointing Authority is only competent to suspend Administrative Officers.
V. Rule 15 empowers the Appointing Authorities or any higher authority including the
Government to suspend member of a service.
VII. As per Rule 19, Government may directly initiate disciplinary proceedings or direct a
disciplinary authority to institute disciplinary proceedings against a Government servant.

VIII. Procedure for initiation of disciplinary proceedings under rule 20 (for

imposition of major penalties

Sl. Sub-
Gist of rule position
No. Rule
1 1 As per this Sub-Rule, Major Penalties as specified in Clauses (vi) to (x)
 of Rule 9 can be imposed only after conducting an inquiry in the manner
provided in Rule 20
2 2 Where there is prima facie evidence on the allegations against the Govt
servants, the Disciplinary Authority may itself inquire into the allegations
or appoint an Inquiring Authority
3 3 The Disciplinary Authority or an authority subordinate to the Disciplinary
Authority has to prepare Articles of Charge and Statement of
Imputations on the misconduct or misbehavior on the part of the
Charged Officer. The Statement of Imputations should cover all relevant
facts, witnesses and documents to be examined during the inquiry.
4 4 The Disciplinary Authority has to supply the Article of Charge and
Statement of Imputations to the Govt servant, calling for written
statement of defence to be submitted within 10 working days. The
Charged Officer can ask for personal hearing. Along with the Article of
Charge and Statement of Imputations, copies of the documents cited
should be sent to the Govt servant. This is mandatory, and the Govt
servant need not separately make a request to the Disciplinary Authority
for supply of copies of the documents mentioned in the Statement of
Imputations.
5 5(a)(i) The Disciplinary Authority has to order an inquiry, when the charged
Govt servant denies the charges, by appointing an officer as Inquiring
Authority.
6 5(a)(ii) If the Charged Officer admits the charges, the Disciplinary Authority has
to record its findings and shall take action as per Rule 21.
7 5(b) The Disciplinary Authority has to order an inquiry, if the charged Govt
servant does not submit his written statement of defence on receipt of
the Article of Charge and Statement of Imputations.
8 5(c) The Disciplinary Authority has to appoint a serving or retired Govt
servant as Presenting Officer.
The charged Govt servant may take the assistance of a Govt servant
(Defence Assistant) during the inquiry. Govt servant shall not take the
assistance of a Govt servant who already has two cases on his hand as
Defence Assistant.
Note: The Charged Officer can engage a Legal Practitioner as his
Defence Assistant, only where the Disciplinary Authority appoints a
Legal Practitioner as the P.O. Generally, the Legal Practitioners are
appointed as Presenting Officers by the Commissioners of Inquiries at
the Secretariat.
 9 5(d) The Disciplinary Authority may ask the Govt servant to submit within five
days a list of documents which he would like to produce in his defence.
10 5(e) The Disciplinary Authority may refuse to supply copies of documents
required by the Govt servant, if it things that such documents are not
relevant to the case
11 5(f) The Disciplinary Authority has to forward the request of the Govt servant
to such authority which holds such documents for making copies of the
documents to it.
12 5(g) The authority which holds such documents shall have to supply the
documents to the Disciplinary Authority.
13 6 If the Govt servant does not submit his written statement of defence, the
Disciplinary Authority may have to order an inquiry by appointing an
Inquiring Authority.
14 7(a) The Disciplinary Authority has to forward original records such as Article
of Charge, Statement of Imputations, documents referred in the
Annexure, written statement of defence of the Govt servant, copy of the
appointment of Presenting Officer to the Inquiring Authority.
15 7(b) The Disciplinary Authority has also to send copies of the documents,
requested by the Govt servant for use in his defence, to the Inquiring
Authority.
16 8 The Inquiring Authority has to issue a Notice to the PO and the Govt
servant to appear before him within 10 days.
17 9(a) On the date fixed by the Inquiring Authority, the PO and the Govt servant
have to appear before the Inquiring Authority.
18 9(b) On the specific request of the Charged Officer, the Inquiring Authority
may allow him to inspect the documents for purpose of preparation of his
defence within 5 days, and the PO shall have to arrange for inspection
by the Charged Officer.
19 9(c) Inquiring Authority has to ask the Charged Officer on genuineness of the
documents which have been furnished.
20 9(d) Inquiring Authority has to fix date (not exceeding 10 days) for
examination of the prosecution witnesses.
21 10(a) On the date fixed by the Inquiring Authority, the oral and documentary
evidence shall be produced.
22 10(b) The Inquiring Authority has to record evidence on a day to day basis till
evidence is completed
23 10(c) Charged Officer may cross examine the prosecution witnesses
24 10(d) PO may re-examine the prosecution witnesses
25 10(e) If considered necessary, the Inquiring Authority may also put questions
to the prosecution witnesses
26 11(a) The Inquiring Authority may ask the PO to produce any new evidence,
not included in the Statement of Imputations and the Inquiring Authority
may call for new evidence or recall and re-examine any witness.
27 11(b) Where new evidence is produced, not included in the Statement of
Imputations, it should be supplied to the Charged Officer
28 11(c) The Inquiring Authority shall give an opportunity to the Charged Officer
for inspection of such new evidence.
29 12(a) After closure of prosecution evidence, the Inquiring Authority has to ask
the Charged Officer whether he would like to produce any defence
evidence like witnesses or documents.
30 12(b) Defence evidence details shall be given to the PO, if appointed
31 12(c) The Inquiring Authority has to adjourn the case for production of defence
evidence (not exceeding 10 days)
32 13 The Inquiring Authority has to record defence evidence of the Charged
Officer. The Inquiring Authority has only to cross examine the defence
witnesses. The Charged Officer has no right to cross examine the
defence witnesses.
33 14 The Inquiring Authority may question the Charged Officer on the
circumstances appearing against him in the evidence for purpose of
enabling the Charged Officer to explain any circumstances appearing in
the evidence against him
34 15 After closure of prosecution as well as defence evidence, the Inquiring
Authority has to ask the Charged Officer and also the PO to submit their
final briefs, if any.
35 16(a) Any authority subordinate to the Disciplinary Authority may also order an
inquiry as per the provisions of Rule 20 and forward the inquiry records
to the Disciplinary Authority for taking such action.
Explanation: For example, DIG is competent to order inquiries against
the ASIs to Inspr under rule 20. SP who is not competent may also
order such inquiries against the ASIs to Insprs, but he should send the
Inquiry Report to the DIG for further action on the Inquiry Report.
Ultimately, action has to be taken only by the DIG in accordance with
rule 21.
36 16(b) Such Disciplinary Authority may act on the Inquiry Report or it may recall
the witnesses and examine, cross-examine and re-examine the
witnesses and impose penalties on the Charged Officer in accordance
 with the rules.
37 17 If the Inquiring Authority is transferred before completion of the inquiry,
the successor may continue the inquiry. If considered necessary, the
successor may recall examine, cross examine and re-examine the
witnesses.
38 18(i) After completion of the inquiry, the Inquiring Authority has to prepare the
Inquiry Report. The Inquiry Report should cover (a) Article of Charge
and Statement of Imputations, (b) defence of the Govt Servant, (c) an
assessment of the evidence in respect of each Article of Charge and (d)
the findings on each Article of Charge and the reasons therefor.
39 18(ii) The Inquiring Authority has to forward its Inquiry Report to the
Disciplinary Authority together with the original records received from the
Disciplinary Authority, original statements of both prosecution as well as
defence witnesses, defence documents, final briefs of the Charged
Officer and PO to the Disciplinary Authority for taking further action.

IX. Procedure for taking action by the disciplinary authorities on the inquiry report
received by the inquiring authorities – Rule 21

Sl. Sub-
Gist of rule position
No. Rule
1 1 On receipt of the Inquiry Report from the Inquiring Authority, if the
Disciplinary Authority thinks that further inquiry is required, he can return
the inquiry records together with the inquiry report to the same Inquiring
Authority for conducting further inquiry on the aspects to be clearly
mentioned.
For example, an Inquiring Authority has sent Inquiry Report without
asking the Charged Officer whether he would like to produce defence
evidence has straightaway prepared the Inquiry Report and sent the
inquiry records to the Disciplinary Authority. In such case, the
Disciplinary Authority can direct the same Inquiring Authority to
commence the inquiry from defence stage.
There is no provision in the (CC&A) Rules, 1991, for ordering denovo or
fresh inquiry, when an inquiry was already ordered.
2 2 If, on perusal of the Inquiry Report, the Disciplinary Authority differs with
the Inquiry Report of the Inquiring Authority, it should forward the Inquiry
Report to the Charged Officer duly recording reasons for disagreement
with the Inquiring Authority, calling for further representation.
This rule stipulates that the Disciplinary Authority has to forward the
 Inquiry Report to the Charged Officer even if the charges are not held
proved.
Where the charges are not held proved, it is the practice to drop further
action against the Charged Officer, if the Disciplinary Authority agrees
with the findings of the Inquiring Authority, and treat the period of
suspension as on duty for all purposes.
3 3 On receipt of the further representation, the Disciplinary Authority has to
consider it and record his findings
4 4 The Disciplinary Authority can impose even a minor penalty to the
Charged Officer in all proved cases
5 5 The Disciplinary Authority can impose even a major penalty to the
Charged Officer in all proved cases

X. Procedure for initiation of disciplinary proceedings under rule 22 (for

imposition of minor penalties

Elaborate procedure is not required to be followed for awarding any of the

minor penalties. Govt prescribed proforma for this purpose. Besides this proforma,
charges need to be clearly mentioned in the Statement of Imputations and sent to the
Govt Servant, calling for explanation within 10 days. In this regard, there is no need to
supply Xerox copies of any documents to the Govt Servants along with the Statement of
Imputations. However if the Govt Servant desires to peruse the documents which are
relevant to the charge, the Disciplinary Authority may consider allowing the Govt Servant
to peruse the documents in the presence of any Gazetted officer working under him.
It is to be noted that when charge memo under rule 22 is issued, we
should always see whether any minor penalty, if proposed to be imposed, is likely to
affect adversely the amount of pension payable to the Govt Servant, and in such
circumstances, it should not be awarded. If it is to be awarded, a regular inquiry as per
the rule 20 is to be conducted.

XI. Common Proceedings: As per rule 24, where two or more Govt Servants are
concerned in any case, the highest disciplinary authority is to conduct common
disciplinary proceedings against all the Government servants, after obtaining consent
from all the disciplinary authorities.

XII. The procedure laid down in Rule 20 is not necessary to be followed in the following
set of circumstances:- (Rule 25)
(i) Where the conduct of a Govt Servant leads to his conviction on a criminal charge
(ii) Where the Disciplinary Authority feels that it is not practicable to conduct inquiry
against the Govt Servant
 (iii) Where the Disciplinary Authority feels that it is not expedient to conduct inquiry in
the interest of the security of the state.
Note:
 Where a Govt Servant is convicted on a criminal charge by a court, the
Disciplinary Authority shall have to issue orders immediately dismissing him
from service from the date of conviction in terms of the provisions of Article
311(2) of the Constitution of India read with Rule 25 of CCA Rules. (Govt
Memo No. 145/A2/FR.II/2001, dt 07-05-2002)
 The Disciplinary Authority need not wait for the Govt Servant to file an appeal
against his conviction and sentence or expiry of the appeal time or the
outcome of the appeal
 If the Appellate Court stays sentence, the Disciplinary Authority has to issue
orders, dismissing him from service
 Where the Appellate Court stays both conviction and sentence, the
Disciplinary Authority need not issue dismissal orders. In such a case, the
Disciplinary Authority may consider placing the Govt Servant under
suspension.
XIII. Appeals (Rule 33)
 Aggrieved by an order imposing any of the penalties specified in Rule 9, the Govt
Servant may file an appeal to the Appellate Authority.
 A suspended Govt employee may file an appeal against his suspension to the
appellate authority.
 Govt Servant may also file an appeal against any order in which the original
punishment was later enhanced or modified
 Appeal is to be filed against the original punishment within three months from the
date of receipt of the order. (Rule 35)
 Where Govt impose any punishment, the Govt Servant shall have to file a
representation against the punishment only to the Government. (Rule 38)
 In the event of rejection of his appeal petition or modified punishment, the Govt
Servant may file a revision petition before the Revisionary Authority within one
year from the date of receipt of the order rejecting his appeal petition or modifying
the original punishment. (Rule 40)
 The Appellate Authority or Revisionary Authority has right to enhance the original
punishment or modified punishment, after giving a notice to the Govt Servant.
 Government have the powers to review any order passed by the Disciplinary
Authority. (Rule 40)
 Where any order issued by the CCA Rules is not able to be served on the Govt
Servant for any reasons, it shall be got published in the Gazette by sending a
letter to the Commissioner of Printing & Stationery. (Rule 42)
 The Appellate Authority or the Revisonary Authority have the powers to relax the
time specified (i.e. three months or one year in respect of appeal and revision
petitions respectively) – Rule 43

FORM PRESCIBED BY GOVERNMENT FOR SUBMITTING INQUIRY

REPORT BY THE INQURING AUTHORITIES
1. Under sub-rule(2) of Rule 20 of A.P. Civil Serviced (CC&A) Rules, 1991. I
was appointed by the (designation of the Disciplinary Authority who appointed the
Inquiring Authority), as the Inquiring Authority to inquire into the charge framed
against Sri………………………………………………Vide his Memo / Proceedings
No. ………………………………………………………………dated
………………………………………………………. I have since completed the
inquiry Report as under.

2. Sri …………………………………………………….(Name & Designation) was

appointed as Presenting Officer in terms of rule 20 (5)(c) A.P. Civil Services
(CC&A) Rules ,1991 (in case a Presenting Officer is appointed).

3. Participation by the Charged Officer in the Inquiry and Defence Assistant

available to him/her. The Charged Officer participated in the inquiry from
beginning to end. He was assisted by Shri…..
………………………………………………………………………of the O/O
…………………………………………… as Defence Assistant throughout the
inquiry proceedings.

4. Article of Charge and substance of imputation of misconduct or misbehavior.

The following Articles of Charges have been framed against
Sri…………………………………………………………………………………
Article No. I
Article No. II
Article No.III
According to the statements of misconduct or misbehavior
…………………………………………..(here the substance of imputation of
misconduct or misbehavior be given in brief.).
(List of Documents as shown in Annexure- I and list of witnesses as shown in
Annexure- II).

5.Case of the Disciplinary Authority

(the case of the disciplinary authority should be discussed with reference to the
documentary and oral evidence available in support of the charges. Separately for
each charge – Chief of each PW, cross-examination by the Charged Officer (s),
re-examination should be discussed).
6.Case of the Defendant
(the case of the defendant including point made out him in his defence evidence,
his written statement of defence and in brief. These should be discussed charge
wise highlighting the arguments on the basis of which he has refuted the charges
leveled against him).

7.Analysis and Assessment of Evidence

The Inquiring Authority has to give his own logical and reasoned analysis and
assessment of evidence in respect of charge separately.

8.Findings
On the basis of documentary and oral evidence adduced in the case before me
and in view of the reasons given above. I hold the following charge is proved/ not
proved against Sri .............................
Charge No.1- Proved / Not proved
Charge No.2- Proved / Not proved
Charge No.3- Proved / Not proved
Charge No.4- Proved / Not proved

9. Annexure – I containing list of Executive documents and Annexure –II

containing list of witnesses Examined are enclosed

Sd/-
Inquiring Authority

DOs and Donts of Inquiring Authorities

(1) Conducting the Departmental Inquiry, ordered by the Disciplinary Authority, is a

quasi judicial function.
(2) Inquiring Authority should conduct the inquiry in a totally impartial manner. At no
point, he should give an impression to the Charged Officer that justice at his
hands may not be delivered to him.
(3) Through-out completion of the inquiry, the Inquiring Authority should scrupulously
follow the principles of natural justice.
(4) Inquiring Authority should never threaten the Charged Officer or create some kind
of fear in his mind.
 (5) When the inquiry records are received from the Disciplinary Authority, he should
carefully go through the documents and properly understand the charge.
(6) When the Charged Officer first appears before the Inquiring Authority, he should
inform the Charged Officer that he can engage a retired or serving Govt servant
as his Defence Assistant, as the procedure involving in conducting the
departmental inquiries is a cumbersome one.
(7) Where the Charged Officer opts to appoint a defence assistant, i.e., serving or
retired Govt servant only, the Inquiring Authority can issue proceedings under his
hand and seal. For this purpose, he need not write to the Disciplinary Authority for
orders.
(8) As generally the department does not appoint a legal practitioner as Presenting
Officer, the Inquiring Authority may reject the request of the Charged Officer if he
chooses to appoint a legal practitioner as his Defence Assistant.
(9) When the Charged Officer appears before him, the Inquiring Authority should
arrange for inspection of the documents cited by the Disciplinary Authority and get
his signature on each document and he should also sign on each and every
document. It is to be remembered that the Disciplinary Authority would have
already supplied copies of the same documents, cited in the Article of Charge, to
the Charged Officer.
(10) Inquiring Authority should post the inquiry for examination of witnesses by giving
reasonable time to the Charged Officer.
(11) Where the Charged Officer submits any convincing reasons and seeks
adjournment of OE, the Inquiring Authority may accept it.

(12) During the inquiry, the Inquiring Authority should not place or direct his Assistant
to place the earlier statements recorded during preliminary enquiry before the
prosecution witnesses and direct them to strictly depose as per the earlier
statement.
(13) During the inquiry, the Inquiring Authority should make the Charged Officer to sit.
(14) Where two or more prosecution witnesses are to be examined on the same day
and at the given time, the Inquiring Authority should allow only one witness in his
room, while asking the remaining witnesses to sit outside. In other words, only the
Inquiring Authority, Presenting Officer, if appointed, Charged Officer, Defence
assistant, if appointed, and the witness should only be present during the inquiry.
However, the Inquiring Authority may take the assistance of his CC or any Govt
servant for purpose of typing the statement of the witness on computer or scribing,
but such CC / Govt servant shall be confined only to typing or scribing and he
should not give any suggestions or comments.
(15) After recording the statement of the witnesses, the Inquiring Authority should first
give chance to the Charged Officer for cross examining the witness. As long as
the Charged Officer poses questions relevant to the charge, the Inquiring
Authority should allow such questions. The Inquiring Authority should not ask or
advise the Charged Officer to desist from posing questions during cross-
examination, as long as the questions pertain to the charge. Where the questions
relate to the conduct of the witnesses or other than relating to the charge, the
Charged Officer should be advised to stop posing such questions.
(16) After cross-examination, the Presenting Officer / Inquiring Authority may pose
questions to the witnesses.
(17) After completion of recording evidence of the witnesses including cross-
examination and re-examination, the Inquiring Authority, Presenting Officer,
Charged Officer and witness shall sign on each page of the statements.
(18) The Inquiring Authority shall immediately arrange copy of the statements to the
Charged Officer under acknowledgement. The Inquiring Authority should not
postpone handing over statements of the witnesses on any pretext. It is the right
of the Charged Officer to get a copy of the statement recorded by the Inquiring
Authority during the inquiry on the same day.
(19) There is no provision in the CCA rules for recording the statements with the help
of voice recorders or video recording.
(20) The Inquiring Authority can proceed with the inquiry, except when there is a
specific order of stay issued by Court or by the Disciplinary Authority.
(21) Inquiring Authority is not subject to the directions of the Disciplinary authority or
his own superior officers in conducting of the inquiry.
(22) Inquiring Authority can reject the request to call any witnesses cited by the
charged official, if their examination is considered irrelevant or vexatious or
causes harassment or embarrassment.
(23) Previous statements recorded during preliminary enquiry, investigation, trial
cannot be relied upon.
(24) Before the closure of the evidence on behalf of the disciplinary authority, the
Inquiring Authority may in his discretion allow the Presenting Officer to produce
evidence not included in the list and may himself call for new evidence or recall
and reexamine any witness. In such a case he shall make available to the
charged employee a list of the further evidence and allow him to inspect the
documents and adjourn the inquiry. He may also allow the charged employee to
produce new evidence, if he is of the opinion that production of such evidence is
necessary in the interests of justice.
(25) Where a Presenting Officer is not appointed, Inquiring Authority can discharge the
functions of Presenting Officer.
(26) Orders passed by the Inquiring Authority on any issue in the course of the inquiry,
are not appealable.
(27) Where, during the course of the inquiry, the Inquiring Authority is succeeded by
another Inquiring Authority, the successor shall proceed with the inquiry from the
stage at which it was left by the predecessor, unless he considers it necessary to
recall and reexamine any of the witnesses already examined.
(28) Inquiring Authority should not take any extraneous material or material not brought
on record in the inquiry, into consideration.
(29) Inquiring Authority should not refer to the preliminary enquiry report or report of
investigation by the police or any other record or documents, when they are not
part of the record of inquiry.
(30) After recording evidence of the prosecution witnesses, the Inquiring Authority has
to ask the Charged Officer whether he would like to produce any defence
evidence including witnesses.

(31) The Inquiring Authority should allow the Charged Officer to produce witnesses in
his defence. After recording chief of the defence witnesses, the Inquiring
Authority can cross examine the defence witnesses. The Charged Officer has no
right to cross examine the defence witnesses.
(32) Where any documents are produced, the Inquiring Authority has to mark such
documents as defence exhibits.
(33) After conclusion of both prosecution as well as defence evidence, the Inquiring
Authority should permit the Charged Officer and PO to submit their final briefs.
(34) On receipt of final briefs, the Inquiring Authority should prepare Inquiry Report in
the proforma prescribed by the Government.
(35) Findings on the charges should be based entirely on the evidence adduced during
the inquiry.
(36) In the Inquiry Report, the Inquiring Authority should discuss evidence of all the
witnesses, both prosecution as well as defence and also final briefs. He should
properly assess and analyze the evidence adduced during the course of regular
inquiry only and arrive whether the charges framed by the Disciplinary Authority
are proved or not proved.
(37) Inquiring Authority should not discuss conduct of the Charged Officer and the
quantum of punishment to be imposed on the Charged Officer or further course of
action to be taken on the Inquiry Report. The duty of the Inquiring Authority is
only to arrive whether the charges are proved or not proved.
(38) Where more than one article of charge is framed, the Inquiring Authority should
clearly discuss and hold which article of charge is proved or not proved.
 (39) The Inquiring Authority has to forward all original records, original statements of
prosecution as well as defence witnesses, defence exhibits, final briefs and his
Inquiry Report to the Disciplinary Authority for further action.
(40) The Disciplinary Authority cannot take any action against the Inquiring Authority
where he holds the charges as not proved. If the charges are not proved during
the inquiry, the Disciplinary Authority can exercise his powers conferred on it in
Rule 21.
(41) After submission of the Inquiry Report to the Disciplinary Authority, the role of the
Inquiring Authority comes to an end.
(42) On receipt of the Inquiry Report, the Disciplinary Authority has to act as per the
provisions of Rule 21.

Procedure for dealing with corruption cases – Latest orders (Govt of Telangana)

As per the instructions issued by Chief Office vide Circular Memorandum

Rc.No. 260/G4/2015, dated 18-08-2016, the following procedure is to be followed on
allegations of corruption against the Govt servants:-
(a) Whenever any allegations relating to corruption are received
against any Govt servant, the Unit Officer concerned will arrange to conduct a
Preliminary Enquiry. On receipt of such Preliminary Enquiry report, the Unit Officer
concerned shall send a report to Chief Office together with all relevant records like
complaint, statements of witnesses recorded by the Preliminary Enquiry officer,
documents collected, etc. CO would in turn forward the records to Govt for appropriate
advice of Vigilance Commission on the gravity of the case for investigation of the matter
by ACB or Inquiry by the Tribunal for Disciplinary Proceedings or Commissioner of
Inquiries or by way of departmental inquiry.
(b) Where the Govt directs to conduct departmental inquiry on such
corruption charges, the Disciplinary Authority orders regular departmental inquiry against
the Govt servant. On receipt of Inquiry Report, irrespective of the fact whether the
charges are proved or otherwise, the Disciplinary Authority shall forward the records
relating to the departmental inquiry to Government through Chief Office for advice of the
Vigilance Commission, which would give advice either to accept or disagree with the
findings of the Inquiring Authority or to remit back the case for further inquiry.
(c) Where the Govt remits the OE records to the Disciplinary Authority
for taking action on the departmental inquiry, the Disciplinary Authority shall arrange to
serve the Inquiry Report to the Charged Officer, obtaine his further representation and
again send the records to Govt through Chief Office. (The Disciplinary Authority may
indicate what kind of punishment proposed to be awarded to the Charged Officer).
Effect of penalties
(G.O.Ms.No. 342, GA (Ser.C) Dept., dt 04-08-1997)

Sl.No. Nature of penalty Effect

1 Censure Debar the Govt servant for promotion /
appointment by transfer to a higher post for one
year
2 PPI with effect / RTSP with Govt servant shall not be recommended for
effect
promotion / appointment by transfer to a higher
post for twice the period with a minimum of one
year, both for selection and non-selection posts
3 PPI without effect / RTSP Govt servant shall not be recommended for
without effect
promotion / appointment by transfer to a higher
post for the number of years, specified in the
order, with a minimum of one year, both for
selection and non-selection posts
(PPI without effect upto three years is only
minor punishment)
4 With-holding of promotion Govt servant shall not be recommended for
promotion / appointment by transfer to a higher
post for the number of years, specified in the
order, with a minimum of one year, both for
selection and non-selection posts
CONSTITUTIONAL PROVISIONS RELATING TO GOVT SERVANTS

Article 309 – As per this Article, various service conditions of the

Government servants are made by the Governments.
Article 310 - Tenure of office of persons serving the Governments
– Every person appointed to serve the affairs of the Governments holds office
during the pleasure of the President (in case of Union) or the Government of the
State.
Article 311 - Dismissal, removal or reduction in rank of persons
employed in civil capacities under the Union or a State :-
(1) No person who is a member of a civil service of the Union or an
All-India Service or a civil service of a State or holds a civil post
under the Union or a State shall be dismissed or removed by an
authority subordinate to that by which he was appointed.
(2) No such person as aforesaid shall be dismissed or removed or
reduced in rank except after an inquiry in which he has been
informed of the charges against him and given a reasonable
opportunity of being heard in respect of those charges:
Provided further that this clause shall not apply
(a) where a person is dismissed or removed or reduced in rank on
the ground of conduct which has led to his conviction on a
criminal charge; or
(b) where the authority empowered to dismiss or remove a person or
to reduce him rank is satisfied that for some reason, to be
recorded by that authority in writing, it is not reasonable
practicable to hold such inquiry; or
(c) where the President or the Government, as the case may be, is
satisfied that in the interest of the security of the State, it is not
expedient to hold such inquiry.
(3) If, in respect of any such person as aforesaid, a question arises
whether it is reasonably practicable to hold such inquiry as is
referred to in clause (2), the decision thereon of the authority
 empowered to dismiss or remove such person or to reduce him
in rank shall be final.
Article 311 of the Constitution lays down as follows:-
(i) an inquiry should be conducted;
(ii) the civil official should be informed of the charges against
him;
(iii) he should be given a reasonable opportunity of being heard
in respect of those charges;
(iv) A penalty may be imposed on the basis of the evidence
adduced during the inquiry;
(v) he shall not be dismissed or removed by an authority
subordinate to that by which he was appointed.
Principles of natural justice
(i) The charged employee should be given notice of the charges
he is called upon to explain and the allegations on which
those were based;
(ii) Evidence should be taken in the presence of the charged
employee;
(iii) He should be given an opportunity to cross-examine the
prosecution witnesses;
(iv) He should have an opportunity of adducing all relevant
evidence on which he relies. No material should be relied
against him without giving him an opportunity of explaining
such material.
(v) Non-compliance with the constitutional requirements or
deviation there from will render the proceedings null and void.

CONDUCT RULES, 1964 – NOTES

Sl. Rule
Gist of the rule with notes
No. No.
1 1 These rules apply to all Govt servants, whether he is on duty or
 suspension or on foreign service either within or outside the State
2 3 (1) This is an exhaustive rule in relation to the conduct of the Govt
to Servant, whether he is on duty or off duty.
(3)
Every Govt employee shall be devoted to duty and maintain absolute
integrity, discipline, impartiality and a sense of propriety.

Govt Servants shall not behave in a manner which is unbecoming of

such employees or derogatory to the prestige of the Government.

Notes: This is an unwritten code of conduct for the Govt Servants.

Every Govt Servant shall be loyal, diligent, faithful and obedient and
the employees shall maintain decency & decorum in his private life
also.

Instances of lack of interest in his duties, indisciplined or indecent

behaviour in the office, keeping the files or work entrusted to him
pending for longer periods without any valid reasons, creating
nuisance in the office or at the public places, habitual absentees,
habitually fails to perform the works entrusted to him, etc., come
under this rule.
3 3(4) As per this rule, every Govt Servant shall perform his duties as per
his judgement. In case he receives any oral instructions from the
higher officer(s), he shall obtain such orders in writing as a token of
confirmation, and such higher authority shall confirm having given
such oral instructions or orders.
4 3(5) As per this sub-rule, the Head of Office shall take all steps to ensure
integrity and devotion to duty of all Govt servants working under him.
5 3(6) Govt servants shall not employ children who are below 14 years to
work.
6 3-A Govt servants shall not join any Associations or Organizations as
Members and continue as Members, if object of such Associations
are prejudicial to the interests of the State.
7 3-B Govt servants shall discharge their duties in a courteous manner and
shall not adopt any dilatory tactics or intentionally cause delay in
disposal of the work entrusted to him.
8 3-C Govt Servants shall not discharge their official duties in a
discourteous and discriminate manner with any working women
employees or indulge in sexual harassment either directly or by
implication.

Explanation: Sexual harassment means, (a) physical contact and

advances, (b) demand or request for sexual favours, (c) sexually
coloured remarks, Display Profiles showing pornography literature,
(e) any other unwelcome physical, verbal or non-verbal conduct of
sexual nature, (f) unreasonable interference with working of the
women employees which had the effect of creating an intimidating or
hostile working environment to such women employees.
9 4 As long as they are in service, Government servants shall not
participate in any strike or similar activities or incitement thereto.

Explanation: “Similar activities” means, (a) absence from duty or

work without permission, (b) neglect of duty, participating in hunger
 strike, etc., with the object of compelling any superior officer or Govt
to take or omit to take any official action and (c) concerted or
organized refusal on the part of Govt Servants to receive their pay.
10 5 Govt Servants shall not participate in any demonstrations which are
against the interests of the State.
11 6 As per this rule, Govt Servants shall not accept or permit his family
members to accept any gifts from any persons.
12 6-A Whenever Govt Servants or their dependent family members receive
any foreign currency or foreign goods of value of more than Rs
10,000/-, they should give intimation to the Department within 15
days.
13 7 Govt servants shall not participate in any collection of donations,
subscriptions, etc.
14 8 Govt Servants shall not lend or borrow or deposit money as a
principal or agent or lend money to any person on interest, etc.
15 9 (a) Govt Servants shall acquire or dispose of any immovable property
only with prior permission of the Department. For this purpose, they
should submit representations together with relevant documents for
seeking permission for acquisition or disposal of immovable property.
For this purpose, acquisition immovable property means readymade
houses or flats, open plots, agricultural lands, etc. Permission is
required to be taken even when property is proposed to be acquired
by way of gift deed, partition deed, acquisition of land by Government,
etc. The same analogy apples to disposal of property.

For example, a Govt Servant is proposing to purchase a Flat. He is

required to submit the following documents to the Department.
(i) Formal representation
(ii) Agreement of Sale
(iii) Duly filled in proforma
(iv) Sources for meeting the expenditure like copy of Bank /
Financial Institution letter conveying their decision to extend
House Building Loan, Bank Pass Book, etc.

Note: This is equally applies to acquisition or disposal or properties

by the dependent family members of the Govt Servant.

(b) Where value of any movable property exceeds Rs. 1 lakh, prior
permission must be obtained for both acquisition and disposal of such
immovable property. For example, a Govt Servant is proposing to
purchase one car. He should submit the following documents to the
Department for seeking prior permission.
(i) Formal representation
(ii) Proforma Invoice of the Authorized Dealer indicating price
of the car including taxes
(iii) Duly filled in proforma
(iv) Sources for meeting the expenditure
 It may be noted that there is no provision in the Conduct Rules
for according post-facto permission. Post facto means seeking
permission after acquisition of the property.
 This is equally applies to acquisition or disposal or properties
by the dependent family members of the Govt Servant.
  In both immovable and movable properties, representations
together with relevant documents shall be submitted atleast 30
days in advance from the proposed date of acquisition or
disposal.
 In the prescribed proforma, there is a column No. 5 – Probable
date for acquisition or disposal of property – In this column,
date shall be mentioned.
 Govt Servant shall wait till expiry of 30 days for registration.
 After necessary permission is received, the concerned
Assistant in the office shall make entries in the Service
Register of the Govt Servant.
 Govt Servant may also see that entries are properly made in
his service register.
 Govt Servant should also keep the record with him at a safe
place to meet any situation at a later date.
Every Govt employee, on his first appointment, shall submit separate
statements showing immovable and movable properties held by him
or his dependent family members.

Every Govt employee shall submit by 15th January every year

separate proformae showing showing immovable and movable
properties held by him or his dependent family members.

Where considered necessary, Govt or any Authority may ask the

Govt Servant to submit full details of immovable and movable
properties held by him and his dependent family members including
the sources from which such property was acquired.

Where considered necessary, Govt or any Authority may ask the Govt
servant to render full account of the cash found in his possession and
the Govt is required to render full account including the sources from
which such cash was acquired.
Where considered necessary, Govt or any Authority may ask the
Govt servants to keep specified cash in his possession
16 10 Govt servants shall not directly or indirectly engage in any trade or
business and should not canvass in support of the business. Shall
not invest in speculation business like shares. Their family members
shall not make any investment which is likely to influence him in the
course of discharge of his duties
17 11 Govt servants shall not take part in promotion, registration or
management of any bank or company in his private capacities.
18 12 Govt servants shall not take private employment. With the previous
sanction of Govt, they can participate in sports activities or take up
honorary works without any remuneration.
19 13 Govt servants shall not publish books and canvass of their sale.
20 14 Govt servants shall not communicate directly or indirectly any official
document or any of its contents or also to receive such documents
21 15 Govt servants shall not have connections with the press
22 16 Govt servants shall not participate in radio or electronic broadcast
and make contribution to newspapers and periodicals.
23 17 Govt servants shall not criticise any policy or action of Govt or any
other State Govt or GOI and shall not participate in such criticism.
24 18 Govt servants shall not give evidence before any Committee,
Commission or any Authority in connection with an inquiry, except
with the previous permission of the Govt
25 19 Govt servants shall not take part in elections or politics.
26 20 Govt servants shall not take recourse to the press or any court for
vindication of their official act which has been subject matter of
adverse criticism or an attack of a defamatory character in public
27 21 Govt servants shall inform his immediate official superior if he is to
work under a member of an AIS or a State Service who is his near
relative, and vice-versa
28 22 Govt servants shall inform the Govt if a dependant member of his
family is wishing to accept any employment under any person or firm
or company which is having official connection with them
29 23 Government servants shall not deal in their official capacity with any
matter directly or indirectly concerns himself or any of his relatives or
dependants.
30 24 Govt servants shall not bring influence on his superior officers for the
furtherance of their interests. This includes bringing pressure from
the public representatives for their transfers or service conditions etc.
31 25 Govt servants shall not involve in bigamous marriages.
32 25-A Govt servants shall not give or accept dowry.
33 26 Govt servants shall not be under the influence of any hot drinks or
drugs while on duty, and they shall also not appear in any public in
such state of intoxication

TIPS TO THE INQUIRING AUTHORITIES ON HOW TO CONDUCT THE

INQUIRIES
(These are only tips – IAs should refer to the rules for full details)
 INTRODUCTION: (Position before 01-10-1992)
As per the old A.P. Civil Services (CC&A) Rules, 1963, the Enquiry
Officer used to be in the picture right from the beginning. After their appointment
as Enquiry Officers, they used to prepare and issue the Charge Memos under
their signature to the charged officers and conduct the inquiries as per the
procedure laid down.
After the new APCS (CC&A) Rules, 1991, came into force from 01-
10-1992, the Disciplinary Authority first issues Article of charge and statement of
imputations to the charged officers, obtain their written statement of defence and
then decides whether or not to order a departmental inquiry. Where he decides to
order a departmental inquiry, he appoints an officer as inquiring Authority to
conduct the inquiry against the charged officer, and also another officer as
Presenting Officer. The Disciplinary Authority sends Article of charge, Statement
of Imputations and documents cited in the Statement of Imputations in original to
the inquiring Authority for conducting inquiry. Xerox copies of these documents
are also sent to the Presenting Officer. It is to be noted that copies of prosecution
documents cited in the Article of charge are already in the custody of the charged
officer.
2. The following steps are to be taken by the inquiring Authorities
immediately on receipt of Article of Charge, statement of imputations, their
appointment orders and other connected documents:-
a. Carefully go through the charge with reference to the
documents supplied and understand the case properly.
b. Check up whether all relevant documents are made available.
c. Check up whether full addresses of the witnesses cited in the
article of charge are available.
d. In the article of charge, a mention is always made that
additional witnesses or documents will be examined
whenever considered necessary during the inquiry. If, in the
opinion of the Inquiring Authority, some more documents
other than those cited in the article of charge are considered
necessary for conducting the Inquiry, the Inquiring Authority
may write to the concerned officers under intimation to the
Disciplinary Authority for supply of such documents which
may be obtained through special messengers. The charged
officer should be informed in writing about examination of
additional witnesses and documents.
e. A proceedings file should be maintained for mentioning the
dates of conducting the inquiry and business transacted on
such dates. Both the charged officer and the Inquiring
 authority should sign on each date of holding the Inquiry in
the proceedings file.

3. For information of the Inquiring Authorities, the following time

schedule is prescribed the Government in Memo No. 51883/Ser.C/2002-2, GA
(Ser.D) Dept., dt 19-12-2002.
Sl.No. Head Time schedule
(a) Fixing date of hearing, inspection of listed Within two weeks from
documents, submission of list of defence the date of appointment
documents and nomination of the a Defence of I.A.
Asst (if not already nominated)
(b) Inspection of documents or submission of list Two weeks
of defence witnesses / defence documents or
examination of relevancy of documents or
witnesses, procuring the additional
documents and submission certificates,
confirming inspection of additional documents
by CO or Defence Asst.
(c) Issue of summons to witnesses, fixing the Two weeks
date of regular hearing and arrangements for
participation of witnesses in the regular
hearing
(d) Regular hearing on day to day basis Two weeks

(e) Submission of written briefs by Presenting Two weeks

Officer and submission of written briefs of
C.O. / Defence Asst to I.A.
(f) Submission of Inquiry Report by the I.A. Two weeks

4. Pl fix a suitable date and send a notice to the charged officer to

attend the inquiry. The following steps have to be taken on the fixed date:-
a) Record the “FIRST ORAL STATEMENT” of the charged
officer whether he has any objection to conduct the Inquiry
ordered against him. If the reply of the charged officer is in
the affirmative, signature of both the charged officer and the
inquiring Authority should be appended on the first oral
statement. (proforma enclosed )
b) Signature of both the charged officer and the Inquiry Authority
should also be appended on all the documents marked as
exhibits during the Inquiry on behalf of the prosecution.
(Example: Ex.P1, etc)
c) If the Government servant pleads guilty to any of the articles
of charge, the Inquiring Authority shall record it, sign and
obtain the signature of the Government servant thereon, and
send the Inquiry Report to the Disciplinary Authority.
d) The CO has a right to appoint a serving or retired Govt
servant as his Defence Asst. When the CO appears before
the Inquiring Authority for the first time, he may be asked
 whether he has any intention to appoint a Defence Asst, and
if so, it can be permitted. In case the presenting Officer
appointed by the disciplinary authority is a legal practitioner,
then the charged officer can be permitted to engage a legal
practitioner to present his case.
e) A date may be fixed for examination of the PWs.
f) In case there is no response from the charged officer even
after acknowledging the first notice, a reminder may be sent.
If the charged officer remains absent even after receiving the
reminder without seeking further time well in advance under
valid grounds, the Inquiring Authority may proceed to
examine the P.Ws ex-parte.
g) Examination of the P.Ws. should be done in the presence of
the charged officer by following principles of natural justice.
At the time of recording statement of the PW, only the
Inquiring Authority, CO, PO and Defence Asst should be
present in the room. Other witnesses shall be made to sit
outside the room. Inquiring Authority may keep an assistant
besides him for typing purpose only.
h) After the PWs depose their evidence, the charged officer
should be allowed to cross-examine the PWs. The Inquiring
Authority, if considered necessary, may re-examine the P.Ws
to elicit any information relating to the charge. Signatures of
the Charged Officer, P.Ws. and the Inquiring authority should
be appended on every sheet of the statements of the P.Ws.
i) The Charged Officer is free to cross-examine the PWs only
on the charge. If the Charged Officer puts questions other
than the charge may be touching the conduct of the PWs,
etc., he should be stopped from putting irrelevant questions
by the Inquiring Authority.
j) If any of the PWs who happen to be serving Govt servants do
not turn up for the inquiry, the IAs may write to the D.A. with a
request to take up the matter with the concerned officers (in
case such PWs are not working under the control of
Disciplinary Authority) for directing the PWs to attend the
inquiry. If such PWs are working under the D.A., I.A. may
bring the same to the notice of the D.A. for directing them to
attend the inquiry and depose evidence.
k) After recording evidence of the PWs and after conclusion of
Cross-examination and Re-examination, copies should be
supplied to the C.O. under acknowledgement. For this
purpose, C.O. need not submit a separate letter for supply of
copies. Copies should also be given to the P.O.

5. After recording the statements of all the PWs, the following steps
should be taken further in the Inquiry.
 a) Record the “SECOND ORAL STATEMENT” of the charged
officer asking him to produce or submit witnesses/ exhibits in
their defence. Signature of both the charged officer and the
Inquiring Authority should be appended on the second oral
statement. (Proforma enclosed)
b) the Inquiring Authority should fix a date for examination of
defence witnesses under prior intimation to the charged
officer.
c) The PO / Inquiring Authority can cross-examine the DWs, as
there is no cross-examination by the charged officer.
d) Signatures of the charged officer, D.Ws, PO, and the
Inquiring authority should be appended on every sheet of the
statements of the D.Ws.
e) Supply copies of the defence witnesses, if any, to the C.O.
and also P.O. immediately.

6. After examination of the defence witnesses and marking defence

exhibits, the following steps should be taken:-
a) Record the “THIRD ORAL STATEMENT” of the charged
officer asking him to submit his final brief. PO should also be
asked to submit his final brief. explanation to the charge.
Signature of both the charged officer and the Inquiring
authority should be appended on the third oral statement.
(Proforma enclosed)
b) If no explanation is received within the time stipulated, a
reminder should be issued. If there is no response from the
charged officer even after receiving the reminder, the
Inquiring Authority may carefully draw-up their findings in the
proforma prescribed by the Government. It is to be noted by
the Inquiring Authority that Government have prescribed
proforma for submitting the Inquiry Report. (Proforma
enclosed)
c) It should be borne in mind that the role of the Inquiring
Authority’s to specifically mention whether the charge(s)
is ‘proved’’ or ‘not proved.

7. The following points should be borne in mind by the Inquiring

Authority in conducting the Inquires:-
a) Inquiry should be conducted judiciously
b) All the notices should be served on the charged officer well in
advance. Where the charged officer seeks time to fix the Inquiry on
subsequent dates, the inquiring authority may consider the request,
if it appears to be genuine and just.
c) Every opportunity should be given to the charged officer to defend
himself in the inquiry.
 d) Where there is no stay order by the courts or by the Head Office, the
Inquiry Authority should not stop holding the Inquiry.
e) Inquiring Authorities should not discuss any personal conduct of the
Charged Officers in the Inquiry Reports.
f) Inquiring Authorities should not discuss quantum of punishment to
be imposed on the Charged Officers.

8. After completion of the inquiry, the Inquiring Authority should send

the Inquiry Report in the prescribed proforma, original records received from the
Disciplinary Authority, original statements of PWs and DWs, final briefs of the
Charged Officer and PO to the Disciplinary Authority for taking further necessary
action.
9. The inquiring Authority should conduct the inquiry in an expeditious
manner, in any case, not later than 3 months from the date of receipt of the
Articles of charge, Statement of imputations, Appointment orders and connected
documents.

10. The inquiring authority should send a monthly report to the

Disciplinary Authority on the progress made in each of the inquiries entrusted to
him.

IN THE DEPARTMENTAL PROCEEDINGS AGAINEST

NAME........................................RANK..................................POSTING....................
.........

Dated:

FRIST ORAL STATEMENT OF CHARGED OFFICER

Question:- (By Inquiring Authority)...... You have received Articles of charge and
statement of imputations containing the charges and the facts in
evidence and you have submitted / not submitted your written
explanation. Do you plead guilty or any defence to make anything
further to add before I proceed with the Inquiry by way of
supplementing or explaining your written explanation?

Answer:-
Recorded by me, read over and translated to the deponent and acknowledged by
him to be correct.

Charged officer Presenting Officer Inquiring Authority

IN THE DEPARTMENTAL PROCEEDINGS AGAINEST

NAME........................................RANK..................................POSTING....................
.........

Dated:
SECOND ORAL STATEMENT OF CHARGED OFFICER
Question:- (By Inquiring Authority)...... You have heard the evidence against you.
Have you any witness to be examined in your defence and any
documents you wish to produce the same?

Answer:-

Recorded by me, read over and translated to the deponent and acknowledged by
him to be correct.

Charged officer Presenting Officer Inquiring Authority

 IN THE DEPARTMENTAL PROCEEDINGS AGAINEST

NAME........................................RANK..................................POSTING....................
.........

Dated:
THIRD ORAL STATEMENT OF CHARGED OFFICER
Question:- (By Inquiring Authority)...... Your defence witness or witnesses have
been examined and such documents as you required have been
marked as defence exhibits (with the exceptions refused by me as
noted already in the proceedings sheet for the reason shown). Have
you anything further to request or say? You are entitled to put in, if you
desire, a further written brief.

Answer:-

Recorded by me, read over and translated to the deponent and acknowledged by
him to be correct.

Charged officer Presenting Officer Inquiring Authority

FORM PRESCIBED BY GOVERNMENT FOR SUBMITTING INQUIRY REPORT
BY THE INQURING AUTHORITIES

1. Under sub-rule(2) of Rule 20 of A.P. Civil Serviced (CC&A) Rules, 1991. I

was appointed by the (designation of the Disciplinary Authority who appointed the
Inquiring Authority), as the Inquiring Authority to inquire into the charge framed
against Sri………………………………………………Vide his Memo / Proceedings
No. ………………………………………………………………dated
………………………………………………………. I have since completed the
inquiry Report as under.
2. Sri …………………………………………………….(Name & Designation) was
appointed as Presenting Officer in terms of rule 20 (5)(c) A.P. Civil Services
(CC&A) Rules ,1991 (in case a Presenting Officer is appointed).
3. Participation by the Charged Officer in the Inquiry and Defence Assistant
available to him/her. The Charged Officer participated in the inquiry from
beginning to end. He was assisted by Shri…..
………………………………………………………………………of the O/O
…………………………………………… as Defence Assistant throughout the
inquiry proceedings.
4. Article of Charge and substance of imputation of misconduct or misbehavior.
The following Articles of Charges have been framed against
Sri…………………………………………………………………………………
Article No. I
Article No. II
Article No.III
According to the statements of misconduct or misbehavior
…………………………………………..(here the substance of imputation of
misconduct or misbehavior be given in brief.).
(List of Documents as shown in Annexure- I and list of witnesses as shown in
Annexure- II).

5.Case of the Disciplinary Authority

(the case of the disciplinary authority should be discussed with reference to the
documentary and oral evidence available in support of the charges. Separately for
each charge – Chief of each PW, cross-examination by the Charged Officer (s),
re-examination should be discussed).

6.Case of the Defendant

(the case of the defendant including point made out him in his defence evidence,
his written statement of defence and in brief. These should be discussed charge
wise highlighting the arguments on the basis of which he has refuted the charges
leveled against him).

7.Analysis and Assessment of Evidence

The Inquiring Authority has to give his own logical and reasoned analysis and
assessment of evidence in respect of charge separately.
8.Findings
On the basis of documentary and oral evidence adduced in the case before me
and in view of the reasons given above. I hold the following charge is proved/ not
proved against Sri .............................
Charge No.1 - Proved / Not proved
Charge No.2 - Proved / Not proved
Charge No.3 - Proved / Not proved
Charge No.4 - Proved / Not proved
9. Annexure – I containing list of Executive documents and Annexure –II
containing list of witnesses Examined are enclosed

Sd/-

Inquiring Authority
 LEAVE RULES – BRIEF POINTS
IMPORTANT POINTS TO BE BORNE IN MIND
 Leave cannot be claimed as a matter of right.
 When the exigencies of public service so require, discretion to refuse or
revoke leave is reserved to the authority competent to grant it. (FR-67)
 Prior permission should be obtained before proceeding on leave
 Wilful absence from duty not covered by grant of any leave will be treated
as “dies non” for all purposes, i.e., increments, leave and pension. (Note-1
under Rule5-A)
 No kind of leave shall be granted to a Govt servant under suspension. (FR-
55)

1. Casual leave:

i) 15 days per calendar year

ii) Can be availed in combination with Optional Holidays & Public Holidays,
but total period cannot exceed 10 days.
iii) Half day CL may be availed from 10.30 am to 1.30 pm (or) from 2.00 pm to
5.00 pm.
iv) For each 3 or more late attendances / permission – 1 CL will be
deducted.
v) Unavailed CLs cannot be forwarded to the next calendar year

2. Special Casual leave:

i) Summons to give witness in a court in which his private interest is not in

issue
ii) For Family Planning operations
(a) Male -Vasectomy - 6 days
(b) Female - Tubectomy - 14 days
(c) Male – For Tubectomy of wife - 7 days
(d) Female - Insertion of Intra Uterine Contraceptive Devices – 1 day
(e) Recanalisation (Both male & female employees) - 21 Days or
Actual period of Hospitalization which ever is less
(f) Female – Medical termination of pregnancy – 14 days
(g) Male - Salpingectomy operation for Wife – 7 days
(h) Donation of blood – 1 day

3. Earned leave

i) 15 advance credit every Jan and June every year

ii) Every year, a Govt employee gets 30 days, if spent on duty
iii) Maximum accumulation – 300 days
iv) Every year, a Govt servant can surrender 15 days for encashment. (in a
Financial Year)
v) 30 days can be surrendered for encashment for 24 months gap. For
example, a Govt servant has not surrendered 15 days in a Financial Year.
In the next Financial Year, he can surrender 30 days.
vi) A Govt servant (except last grade employees) can avail 180 days at a
time
vii) A Govt servant (last grade employees) can avail 120 days at a time
viii) Can be availed in combination of Public Holidays and Optional Holidays
ix) A retired Govt servant can surrender 300 days EL available at his credit as
on the date of his retirement for encashment. This also applies in cases of
voluntary retirement, death, retirement on medical invalidation and
compulsory retirement.
x) If a Govt servant does not have 300 days EL on the date of his retirement,
Half pay leave can be sanctioned to make good the shortfall. For example,
a Govt servant has 282 days EL only on the date of his retirement, and he
has 450 days HPL at his credit. He can be sanctioned 282 days EL and 18
days HPL for encashment. He gets full salary for 282 days and half salary
for 18 days.
4. Half pay leave:
i) 20 days every year is credit to the leave account
ii) No limit on accumulation
iii) Can be availed a maximum of 240 days in the entire service on
medical grounds.
iv) Twice the amount of HPL at credit will be deducted (Example: A
Govt servant suffering from a certain ailment is advised to take rest
for 15 days – 30 days HPL will be deducted from his HPL account
and he will be paid full salary) – MC is required – Police personnel
need to follow the procedure as laid down in Order No. 184 of Police
Manual.
v) For diseases like TB/Cancer/Mental illness/Leprosy/Heart
disease/Renal failure(kidney), HIV AIDS, a Govt servant may avail
HPL upto 6 months with full pay – MC is required
 vi) This HPL can also be availed on personal grounds – No MC is
required
vii) Unavailed leave on the date of retirement will lapse

5. Extraordiary Leave (EOL)

i) This can be sanctioned when the Govt servant has no other leave or as per
his request, if he has any other leave.
ii) Not more than five years can be sanctioned in the entire service either on
personal grounds / or on medical grounds
iii) EOL sanctioned on medical grounds only upto 3 years is to be counted for
pension and increments.
iv) HOD is empowered to sanction upto six months and Govt if it is more than
six months.
6. Special Disability Leave
i) This leave is sanctioned to a Govt. Servant who is disabled/injured or met
with road accidents while on duty
ii) This leave is not debited to any other leave account
iii) For permanent employees, upto 180 days with full pay, and thereafter half
pay
iv) HOD is competent to sanction this leave.
v) For Police personnel, DGP is competent to sanction this leave upto one
year.
vi) This leave shall not exceed 24 months
vii) This leave cannot be sanctioned to the employees if they sustain any
injuries while going to Office or returning to residence – The injury must
be caused while actually discharging official duties.

7. Study Leave:
i) It is sanctioned for pursuing higher studies in Scientific, Technical or
similar related matters.
ii) Sanctioned only to permanent Govt Gazetted servants
iii) Can also be sanctioned to Non-Gazetted Officers in exceptional cases.
iv) One should have put in a minimum of 5 years or 3 years left over service
for superannuation for availing this leave.
v) 12 months at a time and 2 years in the entire service.
 vi) Counts for pension and increments
vii) Half salary is paid and Govt is competent to sanction this leave

8. Maternity leave

i) Married female Govt employees having less than two surviving children are
eligible
ii) Can be sanctioned prior to expected date of delivery or after delivery
iii) Can be combined with other leave
iv) 6 months can be sanctioned
v) Full pay and allowances are paid
vi) 6 weeks can be sanctioned in case of miscarriage or abortion

9. Paternity leave:
i) Married male Govt servants having less than 2 surviving children are eligible
for this leave to take care of his wife and the newly born baby.
ii) 15 days can be sanctioned either prior to expected date of delivery or within
six months after delivery subject to production of MC