This presentation relates to various provisions of Odisha Civil Services (Classification, Control & Appeal) Rules, 1962

1. By
DR SATYANARAYANA DASH
EX-Acting Chairman, Odisha Administrative Tribunal

2.  No dismissal or removal by authority subordinate
to appointing authority
 No dismissal or removal or reduction in rank
without inquiry in which:-
 charge should be communicated to the Govt. Servant
concerned.
 should be given reasonable opportunity of being heard
in respect of charges; and
 penalty may be imposed only on the basis of evidence
adduced during such inquiry

3.  Conviction on a criminal charge
 Not reasonably practicable to hold inquiry
 Appointing authority to be satisfied
 Reasons to be recorded in writing
 In the interest of the security of the state
 President/ Governor to be satisfied

4.  Definition of Misconduct
The term ‘misconduct’ is not defined in any of the conduct
rules or other enactments’ Misconduct’ literally means
wrong conduct or improper conduct. The expression
misconduct is an expression of wide amplitude.
Misconduct has been defined in Black’s Law Dictionary
,Sixth Edition at page 999,thus –“a transgression of some
established and definite rule of action ,a forbidden act, a
dereliction from duty, unlawful behaviour, wilful in
character, improper or wrong behaviour. It’s synonyms are
misdemeanour, misdeed, misbehaviour, delinquency,
impropriety, mismanagement, offence, but not negligence
or carelessness”. Any violation of Rule 3 of Odisha
Government Servants’ Conduct Rules is treated as
misconduct

5.  Rule 3: Government Servant to maintain:-
(i) Absolute Integrity
(ii) Decorum of Conduct
(iii) Devotion to Duty
 He should not commit any Act involving
(i) Personal Immorality like Drinking, Sex
and Gambling damaging the reputation of
Government and concerned Employee
(ii) Failure to Discharge Duty Properly likely to
weaken position & Prestige of Appropriate
Government

6.  Rue 2:Appointing Authority : Authority who appointed
the Government Servant to the Service/Grade/Post or
Authority empowered to make appointment to
concerned Service/Post or Authority who appointed
him in any other permanent post
 Disciplinary Authority : Authority Competent under
these Rules to impose penalty as per schedule to these
rules
 Secretary : means and includes a Special
Secretary/Additional Secretary/Joint Secretary in
independent charge of the Department

7.  Rule 3:Application of these Rules to all Government
Servants except casual employees, persons liable to
discharge in less than a month’s notice, persons having
separate applicable rules or members of All India Services
 These rules shall apply to temporarily transferred
Government Servants who originally came under these
rules
 Government may exempt certain categories of Government
Servants from application of all or some of these rules by
an order
 Decision of Government will be final in case of any doubt
about applicability of these rules.

8.  Rule 4:Special Provisions may be made in case of a
Government Servant in consultation with Government
for applying some of these rules where the special
provisions will apply . Approval of Governor is must if
Governor is not appointing Authority
 Rule 5: Rights/Privileges conferred on Government
Servants by any other law in force can not be taken
away by these Rules

9.  Rule 6: Classification : State Civil Service is classified
as Group A, Group B, Group C. Each Group may have
Different Grades
 Rule 7:Group A, B or C may be consisting of different
Grades/Posts as may be specified . Any new service
created will be part of State Civil service & placed in
relevant grade till it is classified.

10.  Rule 8:Classification of Posts in Group A, B,C and D .
Government order classifying an unclassified Post is
final
 Rule 8A:Any reference to Classes I,II,II &IV in any rule
shall mean Groups A, B,C, & D respectively.
 Rule 9:General State Service those not included in any
other State Civil Service of corresponding class

11.  Rule 10:Appointing Authorities: Governor in case of
SCS/Post in Group A . Governor may delegate this
power
 Rule 11:Appointments to SCS/Post other than Group A
shall be by Authority in the Schedule
 All appointments to General State Service Posts
consisting SCS Groups B,C & D shall be by order of
Governor, otherwise by Authorities specified in the
Schedule

12.  Rule 12:Suspension:Can be issued by
(i) Appointing Authority
(ii) Authorities to which Appointing
Authority is subordinate
(iii) Authority empowered by Governor
in cases where (a) Disciplinary Proceeding is pending
or contemplated (b) where a Criminal case against him
is under investigation or trial

13.  Rule 12(2): Deemed Suspension when a Government Servant is
arrested on criminal charge or otherwise and detained
exceeding 48 hours from the date of detention by an order of
Appointing Authority & shall remain under suspension until
further orders
 Rule 12(3) & 12(4):If order of dismissal/removal/compulsory
retirement is set aside/remitted back on appeal/Review/order of
Court of Law, suspension is deemed to have continued from the
date of dismissal/removal/compulsory retirement until further
orders
 Rule 12(5):Suspending Authority or his higher Authority may
review the suspension order at any time
 Rule 12(6):Disciplinary Authority to indicate in the final
punishment order how the period of suspension is to be treated
whether as a punishment or not.

14.  SUSPENSION: (a) Government Servant continues to be a
member of service during suspension
(b) Suspension is an administrative order . Gravity of an
offence should determine whether official should be
suspended
(c) In Grave cases of Dowry Death/Rape, suspension is
resorted to
(d) Grave Acts prejudicial to the interest of the state
(e) No suspension of absconding officials
(f) Suspended official may be proceeded against if he does
not stay at Headquarters fixed
(g) No confirmation in service during suspension period .No
promotion, name to be kept in Sealed Cover

15.  SUSPENSION: (g) Suspension period earns increment
(h) Charge sheet should be issued within three months
of date of suspension,(Ajay Kr Choudhury Vrs UOI)
(i) No Retrospective Suspension except in cases of
deemed suspension
(j) Resignation can not be accepted during suspension
(k) Subsistence Allowance must be paid during
suspension, at 50% of Basic Pay for the first year and
may be enhanced to 75%

16.  Rule 13:Punishments: Minor Penalties:-
(i) Fine shall be imposed on Group D Government Servants
(ii) Censure
(iii) Withholding of increments without cumulative effect
(iii)A Withholding of promotion
(iv) Recovery from pay of pecuniary loss caused to
Government or to a company or body of individuals,
incorporated or not, wholly or substantially controlled by
Government or to a Local Authority by negligence or
breach of orders
(v) Suspension

17.  Rule 13 contd: Major Penalties:-
(vi) Reduction to a lower service, grade or post or to a
lower time Scale of Pay or to a lower stage in the time
scale
(vi)A Withholding of increments with cumulative effect
(vii) Compulsory Retirement
(viii) Removal from Service not a disqualification for
future employment
(ix) Dismissal from Service which is ordinarily to be a
disqualification for future employment

18.  Following do not amount to penalty
(i) With holding increments for not passing Departmental test
(ii) Non promotion of a Government Servant on consideration of
his case
(iii) Reversion from higher grade to lower grade on ground of
unsuitability or administrative grounds
(iv) Post probation reversion to his permanent service as per
guidelines
(v) Replacement of service of borrowed Government Servant to
the lent organization
(vi) Compulsory Retirement as per rules relating to
superannuation/retirement
(vii) Termination during probation or on temporary service or on
contractual appointment as per terms of contract

19.  Rule 14:Disciplinary Authority:
 (i) Government – may impose any Rule 13 Penalty
 (ii)Any Rule 13 Penalty may be imposed on a member
of SCS by (a) Appointing Authority (b) Authority in
Schedule and (c) Authority empowered by Governor
by general/special order
 Any Rule 13 Penalty on a Class III or Class IV Employee
of Secretariat by Secretary to Government or of any
other office, by Head of that Office unless the Head of
Office is of rank lower than Authority specified in
Schedule

20.  Rule 14 Contd: All Major Penalties under Rule 13 (vi) to
(ix) shall not be imposed by any authority lower than
Appointing Authority
 If Govt Servant is appointed to any other service/Post
where the Rule 13 Major Penalty awarding Authority
of parent service is not subordinate to latter such
Punishment awarding Authority, the latter must
consult the former in awarding such Punishment

21.  Rule 15:Procedures for imposing Major Penalty– No
Major Penalty order be passed except after an Enquiry
as prescribed without prejudice to Public Servants
(Inquiry) Act, 1850
(i) Charge Sheet must be issued by Disciplinary
Authority to delinquent officer giving Notice
containing definite charges appended with
Statement of Imputations/Allegations, Memo of
Evidence showing Documents and Witnesses to be
examined giving time not exceeding a month to
reply to the charges indicating also his desire, if any,
to be heard

22.  Charge sheet for major penalty shall be in four parts
 Annexure I – Articles of charge
 Annexure-II – Statement of imputations/Allegations to
furnish elaborate details of the Article of charge covering
all the documents and witnesses
 Annexure-III – List of documents
 Annexure-IV - List of witnesses
 Selection of charges – simple, precise, easy to
understand, easy to prove – should not be vague

23.  Clear, precise and intelligible
 Should mention all relevant facts
 Then state the nature of the misconduct
 Any Departmental Rule or Guidelines violated may be
mentioned
 No inference as to guilt
 Separate charge for each allegation
 The articles of charge should be framed in clear, concise
terms and without ambiguity.
 Avoid charges which mainly depends on the statement of
govt. servant

24.  Rule 15 Contd: Rule 15(3) mandates supplying all Documents listed in
Memo of Evidence to the CO to submit his Written Statement of
Defence(WSD). He may ask for other documents, which if the
Disciplinary Authority (DA) considers relevant, may allow him to
peruse and take extracts in presence of a responsible officer . If the
Authority feels such Documents are irrelevant or not in public interest
to show, such permission may be refused.
 On receipt of Written Statement of Defence , in respect of not
admitted charges, DA may appoint a Board of Inquiry/Inquiring
Officer(IO).For presenting the case before the IO on Prosecution
side/Government side, he may appoint a Marshalling Officer (MO) or
Presenting Officer
 On going through the WSD, if the DA feels that a Minor Penalty be
awarded, he may record such reasons, and consult OPSC if necessary
for Gazetted Officers and award any Minor Penalty listed at Rule 13 (i)
to (v)

25.  Rule 15 Contd:
 The IO must consider the Documentary Evidence and
Oral Evidence. All Prosecution Witnesses must be
examined by MO and cross examined by the Charged
Officer (CO).All Defence Witnesses be examined by
the Charged Officer and cross examined by the MO.
The MO may cross examine the CO. If the IO does not
want to examine any witness on the ground of
irrelevancy of evidence, reasons for the same be
recorded in writing

26.  Rule 15 Contd: On conclusion of Enquiry, The IO must
prepare an Enquiry Report (ER) containing his specific
finding on each of the charges with reasons. In case of a
new charge found in course of Enquiry, the IO must ignore
it unless same is admitted by the CO or he had opportunity
of defending himself against the same. The IO may
recommend suitable punishment against the CO. Record of
Enquiry shall consist of Charges+ Statement of
Imputations + Memo of Evidence + WSD+ Oral Evidence+
Documentary Evidence + Order of DA about appointment
of IO & MO +Enquiry Report with findings on each charge
with reasons +Recommendations regarding punishment.
 DA, who is himself not IO, to peruse the Enquiry Report
and record his finding on Each Charge

27.  Rule 15 Contd: 15(10)(i)(a) A Copy of Enquiry Report be given to CO by
Registered Post/Otherwise to reply in 15 days to the ER containing his
representation
 15(10)(i)(b) On Considering the Representation, if DA feels any of
Major Penalties be imposed he shall furnish to CO by Registered
Post/Otherwise his findings along with brief reasons for disagreement
with IO and along with proposed punishment , calling for his
representation
 For cases requiring OPSC Consultation, Record of Enquiry + Copies of
above notices +Representations of CO received be forwarded to OPSC
 On receipt of OPSC Advice, DA shall consider Representations of CO +
OPSC Advice and issue appropriate Orders. If OPSC Advice is not
required, DA shall issue appropriate orders based on CO’s
representations.
 The CO may be served with final order along with copy of OPSC Advice
and brief reasons for disagreement with such Advice, if any.

28.  Rule 16:Procedure for Minor Penalties: Penalties under Rule 13(i)
to (v)
 (i)The CO is issues a Charge Sheet under Rule 16 containing
Statement of Imputations/Allegations giving him reasonable
time , say two weeks , to make his representations
 (ii) DA takes into consideration such representations and
consults OPSC where necessary
 (iii) DA based on the representation of CO and OPSC Advice, if
any, passes necessary Orders of Punishment
 Record of Proceedings to consist of (i) Rule 16 notice to CO (ii)
Statement of allegations (iii) Representation of CO (iv)Advice of
OPSC (iv) Final Orders in the case along with reasons
 No Formal Enquiry is necessary in case of Minor Penalty
Proceedings as required in Major Penalty Proceedings

29.  Rule 17:Joint Enquiry : Governor or Authority Competent to
impose penalty of Dismissal on all the COs may order
Disciplinary Action through a Common Proceeding. Such
Order shall specify (i) the Disciplinary Authority (ii) Rule
13 Penalties that can be imposed (iii) Whether Procedure
under Rule 16 may be followed
 No Common Proceedings can be held against Retired
Officers
 Rule 18:If a Government Servant is convicted of Criminal
Charge or Where it is not practicable to follow procedures
or in the interest of security of State it is not expedient to
follow the procedure, Disciplinary Authority may Pass such
orders notwithstanding Rules 15,16 & 17.If OPSC
Consultation is required, that may be done.

30.  Rule 19:For Officers lent to Union or other State Governments :
Borrowing Authority(BA) shall have powers of Appointing Authority
(AA) for Suspension under Rule 12 and powers of DA for taking
Disciplinary Proceedings (DP), provided BA must inform Lending
Authority (LA) forthwith about circumstances leading to the DP . If BA
is other than Union/State Government, Concurrence of LA must be
taken before starting the DP. If CO is involved in a Criminal case,
action can be taken by BA in anticipation of Concurrence of LA . In
case of disagreement between BA and LA, the CO be replaced with LA.
 In the DP, if BA feels any Minor Penalty under Rule 13 be imposed, it
may consult LA and pass orders. In case of difference of views between
BA and LA, the CO be sent back to LA
 In the DP, if BA feels any Major Penalty under Rule 13 be imposed, it
shall send back CO to LA and send the DP Records and the LA , if DA
of the CO, may pass appropriate orders . If LA is not DA, it shall send
the records to concerned DA . The DA must comply with Procedures
under Rule 15(10) and 15(11).

31.  Rule 20:Officers Borrowed from Union/Other State
Governments : If CO is suspended or DP is drawn up,
LA must be informed of the Circumstances. If LA is
other than Union/State Government, procedures
under Rule 19 second proviso be taken . In the DP, if
DA feels Minor Penalty is appropriate, it may consult
LA and follow Rule 15(10) and pass orders. In case of
difference between BA & LA, CO may be sent to LA. If
DA feels Major Penalty is necessary, the CO be sent
back to LA with Records for appropriate orders.

32.  Rule 21:No Appeal against any order of Governor
 Rule 22: A Group C or D officer may appeal against any order
imposing Penalties under Rule 13 to
(i) Authority empowered by the Governor or
(ii) Authority Specified in the Schedule or
(iii) Authority to whom Punishing Authority is immediately
subordinate
For Group A or Group B Officers if Punishing Authority is other
than the Governor, then Governor will be Appellate Authority
Under Common Proceedings under Rule 17, Appellate Authority is
the Authority to whom the Disciplinary Authority is
immediately subordinate
The Group A, B,C and D Officers includes those who ceased to be
member of the Service.

33.  Rule 23:Appeal against other Orders:-A Government
Servant may appeal against any order which denies or
varies to his disadvantage his pay , allowances , pension or
other conditions of service regulated by Rules or
agreement/contract or interprets the Rules to his
disadvantage the provisions of any such Rules/Agreement .
Such Appeal will lie to Governor if the order is passed by
the Rule/Agreement making Authority or an Authority to
which such Rule/Agreement making Authority is
subordinate . If the order is passed by any other authority,
then Appellate Authority will be the Rule/Agreement
making Authority

34.  Rule 23 Contd : Appeal against an order
(i) Stopping the Government at EB in a Time Scale on ground of
unfitness
(ii) Reverting him to a lower service/post/grade from a higher officiating
service/grade/post not as a Penalty
(iii) Reducing/Withholding or denying the maximum pension
admissible under Rules
(iv) Determining Pay/Allowances during the Suspension Period on his
reinstatement or treating such period as Duty
If Governor is the Dismissal Authority, appeal will lie to him
If any other Authority is the Dismissal Authority, appeal will lie to that
Authority.
This provision will apply to retired persons and pension will include
additional pension, gratuity and any retirement benefit

35.  Rule 24:Period of Limitation for filing Appeal is three
months from the date of appellant receiving original order .
Appellate Authority may relax this for sufficient grounds
 Rule 25: Form/Content of Appeal: Appeal shall contain all
material statements/ Arguments and should not have
disrespectful/improper language and should be complete
in itself.
 Rule 26:Appeal be submitted to the Original Authority
which made the order appealed against . If he is not
appellant’s Head of Office nor subordinate to Head of such
Office it shall be submitted to Head of such office who
shall forward to that Authority . A Direct Copy of Appeal
Petition may be submitted to the Appellate Authority

36.  Rule 27:Withholding of Appeals : The Original Authority may
withhold Appeal if
(i) No Appeal lies as per Rules
(ii) Form/Content is incomplete as per Rule 25
(iii) Time barred as per Rule 24 but no reasonable cause is shown
(iv) It is repetition of already decided Appeal without any new facts
Withheld appeal under Rule 25 Clause (ii) above should be
returned to appellant to be resubmitted within one month after
compliance and it shall not be withheld again
In case of withholding Appeal, appellant be informed of the same
with reasons
Every Quarter, the Withholding Authority shall submit details of
appeals withheld with reasons to the Appellate Authority

37.  Rule 28:Transmissions of Appeals : The Original Authority shall transmit not withheld appeals with
Records to the Appellate Authority . Appellate Authority may call for any withheld Appeal Cases with
comments of Original Authority with Records
 Rule 29:Consideration of Appeals : Appellate Authority shall look into the following in Rule 13
Punishment cases
(i) Whether prescribed Procedure has been followed
(ii) Justification of findings
(iii) Whether Penalty is excessive, adequate or inadequate and after consulting OPSC in required cases
pass orders setting aside, reducing , confirming or enhancing the Penalty or remitting the case to
the Original Authority/Any other Authority to such directions as it may deem fit provided:-
(iv) No enhanced Penalty which neither Original or Appellate Authority is competent to impose
(v) No enhanced Penalty without the CO being provided opportunity of to make representation
against the same
(vi) If enhanced Penalty is one of Major Penalty under Rule 13, then Rule 15 Enquiry , if not already
conducted, be held by Appellate Authority or any Authority directed to conduct the same and
after giving opportunity to the appellant to make representations against enhanced Penalty, pass
appropriate orders.
In case of Rule 23 Appeal, appellate Authority may consider the circumstances and pass appropriate
orders . Copy of Appellate Orders be supplied to appellant free of cost
 Rule 30:The Original Authority shall give effect to Appellate Orders.

38.  Rule:31:Power of Governor to Review : Governor may suo moto or
otherwise, call for records and review any order under these
rules/repealed rules and after consulting OPSC where necessary:-
(i) confirm, modify or set side the orders or
(ii) Impose any penalty or set aside, reduce, confirm or enhance any
penalty imposed or
(iii) Remit the case to Original Authority or any other Authority
directing further action/enquiry as he considers proper or
(iv) Pass such orders as he deems fit
Provided enhanced penalty will require that the CO be given chance to
make representation against the same
If any of Rule 13 Major Penalties is proposed and Rule 15 Enquiry has not
been held, subject to Rule 18, direct an enquiry be held and after
giving opportunity to CO against Penalty proposed, pass appropriate
orders

39.  Rule 32:Review of Orders in Disciplinary Cases : The
Appellate Authority may call for records in Rule 13
Punishment Cases suo moto or otherwise and review
such order and after consulting OPSC where necessary,
pass such orders as if the CO had filed Appeal against
the Punishment Order provided this can not be done
after six months of passing of order to be reviewed

40.  Rule 33: Repeal & Savings: The CS (CCA) Rules 1930
and OSS (Discipline & Appeal) Rules,1935 are repealed
provided any proceedings under those Rules shall be
treated as under these Rules. Rights to appeal under
Repealed Rules shall continue under these Rules
 Rule 34: In case of any doubt as to interpretation of
these Rules, the matter be referred to Governor, whose
decision shall be final