THE CENTRAL CIVIL SERVICES (CLASSIFICATION, CONTROL AND APPEAL) RULES, 1965 PART VI – PROCEDURE FOR IMPOSING PENALTIES

MCQs on Procedure for Imposing Penalties (CCS Rules, 1965)

Test your knowledge about the procedure for imposing penalties for Central Civil Services as per the Central Civil Services (Classification, Control and Appeal) Rules, 1965. Each question is based on the actual provisions of Rules 14 to 21.

Note: These questions are based on Part VI - Procedure for Imposing Penalties of the CCS (CCA) Rules, 1965.

General Procedure (Rules 14-15)

1. Which penalties require an inquiry as per Rule 14 before they can be imposed?

(a) Penalties specified in clauses (i) to (iv) of Rule 11

(b) Penalties specified in clauses (v) to (ix) of Rule 11

(c) All penalties without exception

(d) Only dismissal and removal

Correct Answer: (b) Penalties specified in clauses (v) to (ix) of Rule 11

Rule 14(1) states that no order imposing any of the penalties specified in clauses (v) to (ix) of Rule 11 shall be made except after an inquiry held as provided in this rule.

2. What is the first step in the procedure for imposing major penalties?

(a) Appointment of an inquiring authority

(b) Drawing up definite articles of charge

(c) Suspension of the government servant

(d) Consultation with UPSC

Correct Answer: (b) Drawing up definite articles of charge

Rule 14(3) states that the disciplinary authority shall draw up or cause to be drawn up the substance of the imputations of misconduct into definite and distinct articles of charge.

3. Within what time period must a government servant submit their written statement of defense after receiving articles of charge?

(a) 7 days

(b) 15 days

(c) 30 days

(d) 45 days

Correct Answer: (b) 15 days

Rule 14(4)(b) states that the government servant shall be required to submit his written statement of defense within a period of fifteen days.

4. What is the maximum extension that can be granted for submitting written statement of defense?

(a) 15 days

(b) 30 days

(c) 45 days from the date of receipt

(d) 60 days

Correct Answer: (c) 45 days from the date of receipt

The proviso to Rule 14(4)(b) states that under no circumstances shall the extension of time for filing written statement of defense exceed forty-five days from the date of receipt of articles of charge.

5. When can a government servant engage a legal practitioner for defense?

(a) Always, as a matter of right

(b) Only if the Presenting Officer is a legal practitioner

(c) Only with permission from the disciplinary authority

(d) Both (b) and (c)

Correct Answer: (d) Both (b) and (c)

Rule 14(8)(a) states that a government servant may not engage a legal practitioner unless the Presenting Officer is a legal practitioner or the disciplinary authority, having regard to the circumstances of the case, so permits.

6. What happens if a government servant pleads guilty to any articles of charge?

(a) The inquiry is terminated immediately

(b) The inquiring authority records the plea and returns a finding of guilt

(c) The disciplinary authority imposes penalty without further inquiry

(d) The case is referred to the President

Correct Answer: (b) The inquiring authority records the plea and returns a finding of guilt

Rule 14(9) and (10) state that if the government servant pleads guilty, the inquiring authority shall record the plea and return a finding of guilt in respect of those articles of charge.

7. How much time is given to a government servant to inspect documents after an order is made?

(a) 3 days

(b) 5 days

(c) 7 days

(d) 10 days

Correct Answer: (b) 5 days

Rule 14(11)(i) states that the government servant may inspect within five days of the order or within such further time not exceeding five days as the inquiring authority may allow.

8. What is the time limit for the inquiring authority to submit its report?

(a) 3 months from appointment

(b) 6 months from appointment

(c) 9 months from appointment

(d) 1 year from appointment

Correct Answer: (b) 6 months from appointment

Rule 14(24)(a) states that the inquiring authority should conclude the inquiry and submit his report within a period of six months from the date of receipt of order of his appointment.

9. What is the maximum extension that can be granted for completing an inquiry?

(a) 3 months at a time

(b) 6 months at a time

(c) 9 months at a time

(d) 1 year at a time

Correct Answer: (b) 6 months at a time

Rule 14(24)(b) and (c) state that the disciplinary authority may allow an additional time not exceeding six months for completion of the inquiry at a time.

10. What must the disciplinary authority do before imposing a penalty based on the inquiry report?

(a) Obtain permission from the President

(b) Forward the report to the government servant for representation

(c) Consult the Central Vigilance Commission

(d) Publish the report in the official gazette

Correct Answer: (b) Forward the report to the government servant for representation

Rule 15(2) requires the disciplinary authority to forward a copy of the inquiry report to the government servant who may submit written representation within fifteen days.

Minor Penalties Procedure (Rule 16)

11. When is an inquiry necessary for imposing minor penalties?

(a) Always, without exception

(b) Only when the disciplinary authority deems it necessary

(c) Only for penalties involving financial implications

(d) Only when requested by the government servant

Correct Answer: (b) Only when the disciplinary authority deems it necessary

Rule 16(1)(b) states that an inquiry shall be held in the manner laid down in rule 14 in every case in which the disciplinary authority is of the opinion that such inquiry is necessary.

12. In which cases is an inquiry mandatory for minor penalties?

(a) Censure

(b) Withholding of increments likely to affect pension adversely

(c) Recovery of pecuniary loss

(d) All minor penalties

Correct Answer: (b) Withholding of increments likely to affect pension adversely

Rule 16(1-A) states that if withholding of increments is likely to affect adversely the amount of pension or exceeds three years or has cumulative effect, an inquiry shall be held.

13. What is the first requirement before imposing any minor penalty?

(a) Suspension of the government servant

(b) Obtaining permission from UPSC

(c) Informing in writing of the proposal and imputations

(d) Conducting a preliminary investigation

Correct Answer: (c) Informing in writing of the proposal and imputations

Rule 16(1)(a) requires informing the government servant in writing of the proposal to take action and of the imputations of misconduct, giving reasonable opportunity for representation.

14. When must the Commission be consulted for minor penalties?

(a) Always

(b) Only when the government servant requests

(c) Where such consultation is necessary

(d) Only for penalties affecting pension

Correct Answer: (c) Where such consultation is necessary

Rule 16(1)(d) states that the Commission shall be consulted where such consultation is necessary.

15. How much time is given to a government servant to represent against the Commission's advice?

(a) 7 days

(b) 15 days

(c) 30 days

(d) 45 days

Correct Answer: (b) 15 days

Rule 16(1)(d) states that the government servant shall be required to submit his written representation on the advice of the Commission within fifteen days.

Special Procedures (Rules 17-21)

16. What must be communicated to the government servant along with the order?

(a) Only the penalty order

(b) Findings on each article of charge and reasons for disagreement if any

(c) The complete inquiry report

(d) Recommendations of the inquiring authority

Correct Answer: (b) Findings on each article of charge and reasons for disagreement if any

Rule 17 requires that orders shall be communicated along with a copy of findings on each article of charge, statement of findings with reasons for disagreement if any, and copy of Commission's advice if any.

17. When can common proceedings be initiated against multiple government servants?

(a) When they are all from the same department

(b) When the President or competent authority directs

(c) Only when they have committed the same offense

(d) When requested by the accused government servants

Correct Answer: (b) When the President or competent authority directs

Rule 18(1) states that the President or any other authority competent to impose the penalty of dismissal may make an order directing that disciplinary action may be taken in a common proceeding.

18. In which of the following cases can the normal inquiry procedure be dispensed with?

(a) When the government servant is on probation

(b) When the conduct has led to conviction on a criminal charge

(c) When the offense is minor

(d) When the government servant admits the charges

Correct Answer: (b) When the conduct has led to conviction on a criminal charge

Rule 19(i) allows dispensing with the normal inquiry procedure where any penalty is imposed on a government servant on the ground of conduct which has led to his conviction on a criminal charge.

19. When can an inquiry be dispensed with on the grounds of impracticability?

(a) When witnesses are unavailable

(b) When the disciplinary authority is satisfied for recorded reasons

(c) When the case is too old

(d) When the government servant is due for retirement

Correct Answer: (b) When the disciplinary authority is satisfied for recorded reasons

Rule 19(ii) allows dispensing with inquiry where the disciplinary authority is satisfied for reasons to be recorded in writing that it is not reasonably practicable to hold an inquiry.

20. When can an inquiry be dispensed with in the interest of state security?

(a) When the Home Ministry recommends

(b) When the President is satisfied

(c) When the offense involves official secrets

(d) When the government servant belongs to sensitive organization

Correct Answer: (b) When the President is satisfied

Rule 19(iii) allows dispensing with inquiry where the President is satisfied that in the interest of the security of the State, it is not expedient to hold any inquiry.

21. What is the borrowing authority's obligation when suspending a lent government servant?

(a) Seek approval from the lending authority

(b) Immediately inform the lending authority

(c) Transfer the case to the lending authority

(d) Conduct inquiry as per its own rules

Correct Answer: (b) Immediately inform the lending authority

Rule 20(1) proviso states that the borrowing authority shall forthwith inform the lending authority of the circumstances leading to the order of suspension.

22. When must the borrowing authority replace the services of a lent government servant at the disposal of the lending authority?

(a) When imposing minor penalties

(b) When imposing major penalties

(c) When there is difference of opinion

(d) Both (b) and (c)

Correct Answer: (d) Both (b) and (c)

Rule 20(2) states that for major penalties, the borrowing authority must replace the services, and the proviso to Rule 20(2)(i) states that in event of difference of opinion, services shall be replaced at the disposal of the lending authority.

23. For officers borrowed from state governments, who must be informed about suspension or disciplinary proceedings?

(a) The President

(b) The Union Public Service Commission

(c) The lending authority

(d) The state government

Correct Answer: (c) The lending authority

Rule 21(1) states that the authority lending his services shall forthwith be informed of the circumstances leading to the order of suspension or commencement of disciplinary proceeding.

24. What is required when imposing minor penalties on officers borrowed from state governments?

(a) Consultation with the lending authority

(b) Permission from the President

(c) Approval from the state government

(d) Consent of the government servant

Correct Answer: (a) Consultation with the lending authority

Rule 21(2) states that for minor penalties, the disciplinary authority may, after consultation with the lending authority, pass such orders on the case.

25. What happens if there is a difference of opinion between borrowing and lending authorities for borrowed officers?

(a) The President decides

(b) The matter is referred to UPSC

(c) Services are replaced at the disposal of the lending authority

(d) The borrowing authority's decision prevails

Correct Answer: (c) Services are replaced at the disposal of the lending authority

The proviso to Rule 21(2) states that in the event of a difference of opinion between the borrowing authority and the lending authority, the services of the government servant shall be replaced at the disposal of the lending authority.

Inquiry Process Details

26. Who can be appointed as a Presenting Officer?

(a) Only a legal practitioner

(b) Only a government servant

(c) A government servant or a legal practitioner

(d) Only a retired government officer

Correct Answer: (c) A government servant or a legal practitioner

Rule 14(5)(c) states that the disciplinary authority may appoint a Government servant or a legal practitioner to be known as the "Presenting Officer".

27. When can new evidence be called for during the inquiry?

(a) At any time to strengthen the case

(b) Only to fill up gaps in the evidence

(c) When there is inherent lacuna or defect in original evidence

(d) When requested by the government servant

Correct Answer: (c) When there is inherent lacuna or defect in original evidence

The Note to Rule 14(15) states that new evidence shall not be permitted to fill up any gap in the evidence, but may be called only when there is an inherent lacuna or defect.

28. What is the time given to government servant for preparing defense after ex parte order?

(a) 15 days

(b) 30 days

(c) As decided by inquiring authority

(d) No time is specified

Correct Answer: (b) 30 days

Rule 14(11) states that if the government servant fails to appear, the inquiring authority shall require the Presenting Officer to produce evidence and adjourn the case to a later date not exceeding thirty days.

29. What must the inquiry report contain?

(a) Only the findings on each charge

(b) Articles of charge, defense, evidence assessment, findings and reasons

(c) Recommendations for penalty

(d) Summary of proceedings

Correct Answer: (b) Articles of charge, defense, evidence assessment, findings and reasons

Rule 14(23)(i) specifies that the report shall contain articles of charge, defense, assessment of evidence, findings on each charge and reasons therefor.

30. Can the inquiring authority record findings on charges different from original articles?

(a) Never

(b) Yes, always

(c) Only if government servant admits or has defense opportunity

(d) Only with permission from disciplinary authority

Correct Answer: (c) Only if government servant admits or has defense opportunity

The Explanation to Rule 14(23)(i) states that findings on different charges can be recorded only if the government servant has either admitted the facts or has had a reasonable opportunity of defending himself.

These questions are based on Part VI - Procedure for Imposing Penalties of the Central Civil Services (Classification, Control and Appeal) Rules, 1965.