THE CENTRAL CIVIL SERVICES (CLASSIFICATION, CONTROL AND APPEAL) RULES, 1965 PART VII – APPEALS

MCQs on Appeals (CCS Rules, 1965)

Test your knowledge about the appeal procedures 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 22 to 28.

Note: These questions are based on Part VII - Appeals of the CCS (CCA) Rules, 1965.

Orders Against Which Appeal Lies (Rules 22-23)

1. Against which of the following orders no appeal lies under Rule 22?

(a) Order of suspension

(b) Order made by the President

(c) Order imposing penalty

(d) Order enhancing penalty

Correct Answer: (b) Order made by the President

Rule 22(i) clearly states that no appeal shall lie against any order made by the President.

2. Which type of interlocutory orders are not appealable?

(a) Orders of suspension

(b) Orders which are steps-in-aid of final disposal

(c) Orders imposing minor penalties

(d) Orders affecting pension

Correct Answer: (b) Orders which are steps-in-aid of final disposal

Rule 22(ii) states that no appeal shall lie against any order of an interlocutory nature or of the nature of a step-in-aid of the final disposal of a disciplinary proceeding, other than an order of suspension.

3. Can a government servant appeal against an order passed by an inquiring authority during the course of an inquiry?

(a) Yes, always

(b) No, never

(c) Only if it affects fundamental rights

(d) Only with permission of disciplinary authority

Correct Answer: (b) No, never

Rule 22(iii) explicitly states that no appeal shall lie against any order passed by an inquiring authority in the course of an inquiry under Rule 14.

4. Which of the following orders is appealable under Rule 23?

(a) Order of suspension

(b) Order imposing any penalty

(c) Order enhancing any penalty

(d) All of the above

Correct Answer: (d) All of the above

Rule 23(i), (ii) and (iii) specifically state that orders of suspension, orders imposing any penalty, and orders enhancing any penalty are appealable.

5. Can an order that interprets rules to the disadvantage of a government servant be appealed?

(a) No, never

(b) Yes, under Rule 23(iv)(b)

(c) Only if it affects pension

(d) Only with President's permission

Correct Answer: (b) Yes, under Rule 23(iv)(b)

Rule 23(iv)(b) states that an order which interprets to his disadvantage the provisions of any rule or agreement is appealable.

6. Which pension-related orders are appealable?

(a) Only reduction of pension

(b) Only denial of maximum pension

(c) Both reduction and withholding of pension

(d) All pension matters are appealable

Correct Answer: (c) Both reduction and withholding of pension

Rule 23(v)(c) specifies that orders reducing or withholding the pension or denying the maximum pension admissible are appealable.

7. Does the term "Government servant" in appeal rules include those who have ceased to be in service?

(a) No, only current employees

(b) Yes, as per Explanation to Rule 23

(c) Only for pension matters

(d) Only if they retired recently

Correct Answer: (b) Yes, as per Explanation to Rule 23

The Explanation to Rule 23 clearly states that the expression 'Government servant' includes a person who has ceased to be in Government service.

8. What does the term "pension" include for appeal purposes?

(a) Only basic pension

(b) Pension and gratuity

(c) Additional pension, gratuity and other retirement benefits

(d) Only monthly pension payments

Correct Answer: (c) Additional pension, gratuity and other retirement benefits

The Explanation to Rule 23 states that the expression 'pension' includes additional pension, gratuity and any other retirement benefits.

Appellate Authority (Rule 24)

9. Who can prefer an appeal under Rule 24?

(a) Only current government servants

(b) Only those who have ceased to be in service

(c) Both current and former government servants

(d) Only those with more than 10 years service

Correct Answer: (c) Both current and former government servants

Rule 24(1) states that a Government servant, including a person who has ceased to be in Government service, may prefer an appeal.

10. Where should a Group A officer appeal when the order is made by an authority subordinate to the appointing authority?

(a) To the President

(b) To the next higher authority

(c) To the appointing authority

(d) To the Central Administrative Tribunal

Correct Answer: (c) To the appointing authority

Rule 24(1)(i)(a) states that for Group A and B officers, where the order appealed against is made by an authority subordinate to the appointing authority, the appeal lies to the appointing authority.

11. Where should a Group C or D employee prefer an appeal when no specific authority is specified?

(a) To the appointing authority

(b) To the authority immediately above the one that made the order

(c) To the President

(d) To the Ministry concerned

Correct Answer: (b) To the authority immediately above the one that made the order

Rule 24(1)(ii) states that for Group C and D employees, the appeal lies to the authority to which the authority making the order appealed against is immediately subordinate.

12. In case of common proceedings under Rule 18, where does the appeal lie?

(a) To the disciplinary authority itself

(b) To the authority immediately above the disciplinary authority

(c) To the President in all cases

(d) To the Central Vigilance Commission

Correct Answer: (b) To the authority immediately above the disciplinary authority

Rule 24(2)(i) states that an appeal against an order in a common proceeding shall lie to the authority to which the authority functioning as the disciplinary authority is immediately subordinate.

13. What happens if the person who made the order becomes the appellate authority?

(a) The appeal lies to that person

(b) The appeal lies to the authority above that person

(c) No appeal is possible

(d) The case is referred to President

Correct Answer: (b) The appeal lies to the authority above that person

Rule 24(2)(ii) states that where the person who made the order becomes the appellate authority, the appeal shall lie to the authority to which such person is immediately subordinate.

14. When can an appeal be made directly to the President even if not normally provided?

(a) When the penalty is for trade union activities

(b) When the employee is due to retire

(c) When the penalty is too harsh

(d) When there is procedural irregularity

Correct Answer: (a) When the penalty is for trade union activities

Rule 24(3) allows appeal to the President where penalty is imposed on a government servant in respect of his activities connected with his work as an office-bearer of an association, federation or union participating in the Joint Consultation and Compulsory Arbitration Scheme.

Procedure for Appeals (Rules 25-28)

15. What is the normal time limit for preferring an appeal?

(a) 30 days

(b) 45 days

(c) 60 days

(d) 90 days

Correct Answer: (b) 45 days

Rule 25 states that no appeal shall be entertained unless preferred within a period of forty-five days from the date on which a copy of the order appealed against is delivered to the appellant.

16. Can the appellate authority entertain an appeal after the expiry of the limitation period?

(a) Never

(b) Yes, if satisfied about sufficient cause

(c) Only with President's permission

(d) Only for pension matters

Correct Answer: (b) Yes, if satisfied about sufficient cause

The proviso to Rule 25 states that the appellate authority may entertain the appeal after the expiry of the said period if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time.

17. How should an appeal be presented?

(a) Through proper channel

(b) Directly to appellate authority with copy to authority which made order

(c) Only through registered post

(d) Through legal practitioner only

Correct Answer: (b) Directly to appellate authority with copy to authority which made order

Rule 26(2) states that the appeal shall be presented to the authority to whom the appeal lies, a copy being forwarded by the appellant to the authority which made the order appealed against.

18. What must the authority which made the order do upon receipt of appeal copy?

(a) Wait for directions from appellate authority

(b) Forward it with comments and records without delay

(c) Seek legal advice

(d) Review its own order

Correct Answer: (b) Forward it with comments and records without delay

Rule 26(3) requires the authority which made the order to forward the appeal with its comments and relevant records to the appellate authority without any avoidable delay, without waiting for any direction.

19. What should the appellate authority consider in an appeal against suspension?

(a) Whether suspension is justified

(b) Whether procedure was followed

(c) Whether penalty is adequate

(d) All of the above

Correct Answer: (a) Whether suspension is justified

Rule 27(1) states that in appeal against suspension, the appellate authority shall consider whether the order of suspension is justified or not and confirm or revoke accordingly.

20. Which of the following must the appellate authority consider in appeal against penalty?

(a) Whether procedure was complied with

(b) Whether findings are warranted by evidence

(c) Whether penalty is adequate

(d) All of the above

Correct Answer: (d) All of the above

Rule 27(2) requires the appellate authority to consider all three aspects: procedure compliance, findings warranted by evidence, and adequacy of penalty.

21. What orders can the appellate authority pass in an appeal against penalty?

(a) Confirm the penalty

(b) Enhance, reduce or set aside the penalty

(c) Remit the case to original authority

(d) All of the above

Correct Answer: (d) All of the above

Rule 27(2) allows the appellate authority to pass orders confirming, enhancing, reducing, or setting aside the penalty, or remitting the case to the authority which imposed the penalty.

22. When must the Commission be consulted in appeal cases?

(a) In all appeal cases

(b) Only in major penalty cases

(c) Where such consultation is necessary

(d) Only when enhancing penalty

Correct Answer: (c) Where such consultation is necessary

The proviso to Rule 27(2) states that the Commission shall be consulted in all cases where such consultation is necessary.

23. What is required before imposing enhanced penalty when no inquiry was held earlier?

(a) Direct inquiry to be held

(b) Give opportunity of representation

(c) Consult Commission

(d) All of the above

Correct Answer: (a) Direct inquiry to be held

Rule 27(2) proviso (ii) states that if enhanced penalty is proposed and no inquiry was held, the appellate authority shall itself hold such inquiry or direct that such inquiry be held.

24. What opportunity must be given before imposing enhanced penalty when inquiry was already held?

(a) Fresh inquiry

(b) Opportunity of representation against proposed penalty

(c) Personal hearing

(d) Legal assistance

Correct Answer: (b) Opportunity of representation against proposed penalty

Rule 27(2) proviso (iii) requires that the appellant be given a reasonable opportunity of making a representation against the proposed enhanced penalty.

25. Who is responsible for implementing appellate authority's orders?

(a) The appellate authority itself

(b) The authority which made the original order

(c) The appointing authority

(d) The President

Correct Answer: (b) The authority which made the original order

Rule 28 clearly states that the authority which made the order appealed against shall give effect to the orders passed by the appellate authority.

Additional Questions

26. Can an appeal contain disrespectful or improper language?

(a) Yes, if facts justify it

(b) No, as per Rule 26(2)

(c) Only in extreme cases

(d) Only if allegations are serious

Correct Answer: (b) No, as per Rule 26(2)

Rule 26(2) explicitly states that the appeal shall not contain any disrespectful or improper language.

27. Should the appeal be complete in itself?

(a) No, additional documents can be submitted later

(b) Yes, as required by Rule 26(2)

(c) Only in major penalty cases

(d) Only if specifically asked

Correct Answer: (b) Yes, as required by Rule 26(2)

Rule 26(2) requires that the appeal shall be complete in itself.

28. What must the appeal contain according to Rule 26(2)?

(a) Only the request for relief

(b) All material statements and arguments

(c) Only new evidence

(d) Only procedural objections

Correct Answer: (b) All material statements and arguments

Rule 26(2) states that the appeal shall contain all material statements and arguments on which the appellant relies.

29. How should multiple appellants prefer appeals?

(a) Through a joint appeal

(b) Separately and in their own names

(c) Through their association

(d) Through legal representative

Correct Answer: (b) Separately and in their own names

Rule 26(1) requires that every person preferring an appeal shall do so separately and in his own name.

30. In appeals against orders other than suspension or penalty, what should the appellate authority consider?

(a) Only legal aspects

(b) Only procedural compliance

(c) All circumstances of the case

(d) Only the appellant's representation

Correct Answer: (c) All circumstances of the case

Rule 27(3) states that in appeal against any other order specified in rule 23, the appellate authority shall consider all the circumstances of the case.

These questions are based on Part VII - Appeals of the Central Civil Services (Classification, Control and Appeal) Rules, 1965.