Government employee expecting disciplinary proceedings

Central government employees’ disputes go to the Central Administrative Tribunal under the Administrative Tribunals Act, 1985, usually after exhausting departmental remedies, and generally within one year of the final order. Disciplinary action follows the CCS (CCA) Rules, 1965 or your service rules — a charge sheet, a chance to reply, an inquiry and a reasoned order. For a major penalty (Rule 14) the memorandum must set out the articles of charge, a statement of the imputations, and the documents and witnesses relied on. Since the 2017 amendment you get 15 days to file a written statement of defence, extendable by 15 days at a time but never beyond 45 days from receipt (Rule 14(4)). If you deny the charges an inquiry follows: you may take a serving or retired government servant as defence assistant (Rule 14(8)), inspect the listed documents (Rule 14(11)), ask for other documents and produce your own witnesses, and the inquiry should finish within 6 months, extendable (Rule 14(24)). You must get the inquiry report, with any reasons the disciplinary authority disagrees with it, and 15 days to respond before a penalty is decided (Rule 15(2)). For a minor penalty (Rule 16) you are given a chance to make a representation. An appeal against a penalty or suspension lies within 45 days of receiving the order (Rule 25), and then the tribunal within one year. Suspension must be reviewed before 90 days (Rule 10(6)); the Supreme Court has held it should not continue beyond three months if the charge memo has not been served (Ajay Kumar Choudhary v. Union of India, 2015). Subsistence allowance is half pay for the first three months and can then be raised or reduced by up to half (FR 53). State employees follow their own rules — for example the Odisha Civil Services (CCA) Rules, 1962 — which are similar but not identical; PSU and bank staff follow their own conduct and discipline regulations. Suspensions must be reviewed within set periods. Armed forces personnel and veterans go to the Armed Forces Tribunal. State employees go to the State Administrative Tribunal or the High Court. Pension grievances can be raised on CPENGRAMS.

General information, not legal advice.