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MCQ Ccs (Cca) Rules (Part 5)

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0% found this document useful (0 votes)
103 views52 pages

MCQ Ccs (Cca) Rules (Part 5)

Uploaded by

Meghana Yadav
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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MCQ ON

CCS(CLASSIFICATION,CONTR
OL AND
APPEAL) RULES,1965
“CCS(CCA) RULES”
(PART-5)
Q1. When disciplinary proceedings have been initiated against a
Person officiating in higher post on ad hoc basis,he shall be reverted
if the period of ad hoc appointment is less than ------.
(a) 1 year (b) 2 years
(c ) 3 years (d) 6 months

ANS: (a) 1 year


Q2. A Govt. Servant was awarded with penalty of withholding of
one increment for 1 year,by issue of punishment order,dated 1st
June,2021.Indicate the date from which,the penalty takes effect
From ------.(Option is increment falling on 1st January every year).
(a) 1st of June,2021 (b) 1st July,2021
(c ) 1st January,2022 (d) 1st July 2022

ANS: (c ) 1st January,2022


EXPLANATION:
The penalty of withholding an increment takes effect from the
date of increment accruing to the Charged Official next after
The issue of penalty order.

When the date of increment is 1st January

The increment falling due on 1st Januay,2022 after penalty issued on


1st June 2021.The penalty effect from 1st January,2022.The increment
Falling due on 01-01-2022 will be withheld for a period of next 1 year,
That is,till 31-12-2022.The increment would be released on 01-01-2023
without arrears.Suppose on 1st June,he is in Pay Level-9 and cell-5. So,
On Dated-01-01-2023,directly come to cell-7(Without Cumulative Effect)
Q3. In how many parts,examination of witness is done ?
(a) Two parts (b) Three parts
(c ) Four parts (d) 5 parts

ANS: (b) Three parts


EXPLANATION:
examination of witness is done in three parts, viz.,
examination-in-chief,
crossexamination and
re-examination
Q4. How many type of documents are there to which the Charged
Official has a right to access for defending himself in a departmental
Proceedings?
(a) Three types (b) Four types
(c ) Two types (d) Five types

ANS: (c ) Two types


EXPLANATION:
1st Document:
The document on which the disciplinary authority relies and
intended to prove the charges,those listed with the charge-
Sheet.

2nd Document:
Fall the documents which even though not relied upon by the
disciplinary authority ,are nevertheless required by the Govt.
Servant for preparing his defence and defending himself.
Q5. How many parts are there in a Charge-Sheet ?
(a) 3 (b) 4
(c ) 5 (c ) 6

ANS: (c ) 5
EXPLANATION:
1. Memorandum

2. ANNEXURE-I:Statement of articles of charge fraimed against CO.

3. ANNEXURE-II:Statement of imputations of misconduct or


misbehaviour in support of the articles of charge framed against CO.
4. ANNEXURE-III:List of documents by which articles of charge framed
Against the CO are proposed to be sustained.
5. ANNEXURE-IV:List of witnesses by whom the articles of charge
framed Against the CO are proposed to be sustained.
Q6. Travelling Allowance for appearing before police to attend the
Enquiry in a case in which the employee is suspected to be involved-
(a) TA as on tour will be paid,if journey is conducted with approval of
Head Of Office.
(b) No TA paid
(c ) TA as on tour paid, if journey is conducted without approval of
Head Of Office
(d) None of the Above

ANS: (a) TA as on tour will be paid,if journey is conducted with


approval of Head Of Office.
EXPLANATION ON TA:
. For appearing before court as an accused: If he acquitted and
Reinstated TA as on tour may be paid,provided his legal expenses
Are reimbursed in full or part.
. For perusal of documents: TA as on Tour,with DA for maximum 3
days halt,may be paid for actual travel,restricted to that admissible
For travel from employees’s headquarter to the place where
documents are available.
. For attending Departmental Enquiry: TA as on tour from the place he
is allowed to reside to the place of enquiry, restricted to that
admissible for travel from employees’s headquarter to the place where
documents are available. Grade of TA belonged prior to his suspension.

Advance TA: For attending enquiry advance of TA and DA allowed.


Q7. No Appeal lies against-
(a) Any order of President
(b) Any order of an interlocutory nature other than suspension
order.
(c ) Any order passed by an Inquiring authority in the course of an
inquiry under rule 14.
(d) ALL of the Above

ANS: (d) ALL of the Above


Q8. An appeal may be made against-
(a) An order of suspension made or deemed to have been made.
(b) An order imposing major/minor penalties.
(c ) An order determining the subsistence and other allowances
(d) All of the Above.

ANS: (d) All of the Above.


Q9. An appeal should be made within ------days from the date of
communication of the order appeal against.
(a) 30 days (b) 60 days
(c ) 45 days (d) 75 days.

ANS: (c ) 45 days
Q10. What is the time limit to forward the appeal to the Appellate
Authority by the Authority which made the order,on receipt of a
copy of appeal ?
(a) Immediately (b) With a normal delay
(c ) Within 10 days (d) Without any available delay

ANS: (d) Without any available delay


EXPLANATION:
RULE 26: Form and contents of appeal
(1) Every person preferring an appeal shall do so separately and in his
own name.(Q.How to prefer an appeal ?)
(2) 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. It shall contain all material
statements and arguments on which the appellant relies, shall not
contain any disrespectful or improper language, and shall be complete
in itself.(What are the contents of the Appeal ?)
(3) The authority which made the order appealed against shall, on
receipt of a copy of the appeal, forward the same with its comments
thereon together with the relevant records to the appellate authority
without any avoidable delay, and without waiting for any direction
from the appellate authority.(What type of language avoided in the
appeal?)
Q11. Who is competent to accept the appeal after expiry of limitation
period ?
(a) Appointing Authority (b) Disciplinary Authority
(c ) Appellate Authority (d) Ad hoc Disciplinary Authority

ANS: (c ) Appellate Authority


NOTE: For G-A & B,Appelate Authority is the Appointing Authority,
where the order appealed against is made by an authority subordinate
to it.
. To the President where such order is made by any other authority.
Q12. A ‘Daily Order Sheet’ is to be maintained by-
(a) The Disciplinary Authority (b) The Presenting Officer
(c ) The Inquiring Authority (d) The Charged Officer

ANS: (c ) The Inquiring Authority


Q13. What shall be the action of the Inquiring Authority,if the Govt.
Servant (i) does not submit the written statement of defence or
(b)does not appear before the I.A. in person or (c ) refuses to comply
with the provision of this rule,after the articles of charge has been
Delivered?
(a) Inquiring Authority may hold the inquiry “ex parte”
(b) Inquiring Authority may adjourn the enquiry indefinitely
(c ) Inquiring Authority may seek the advice of Disciplinary Authority
(d) Inquiring Authority may give one more opportunity to the GS.

ANS: (a) Inquiring Authority may hold the inquiry “ex parte”
Q14. Whether the Presenting Officer and the Charged Officer are
Permitted to file the written brief of the case after completion of
Production of evidences ?
(a) Both are permitted to file written brief
(b) Written brief of case cannot be filed by both
(c ) Only Presenting Officer is allowed to file the written brief
(d) Only Charged Officer is allowed to file the written brief

ANS: (a) Both are permitted to file written brief


Q15. Whose advice is required to be taken before initiating criminal
Proceeding ?
(a) Government Counsel (b) Police Commissioner
(c ) First Class Magistrate (d) Chief Metropolitan Magistrate/
District Magistrate

ANS: (a) Government Counsel


Q16. Which is the one that is not included in the inquiry report,
prepared after the conclusion of inquiry ?
(a) The articles of charge and statement of the implication of the
misconduct or misbehaviour.
(b) The defence of the Govt. Servant in respect of each articles of
charge.
(c ) An assessment of the evidence in respect of each articles of
charge.
(d) Daily Sheet recorded during the enquiry held.

ANS: (d) Daily Sheet recorded during the enquiry held.


Q17. Whether departmental action can also be taken,when the same
Matter has been taken up in the Court of Law for prosecution of Govt.
Servant concerned ?
(a) Yes (b) No
(c ) Departmental enquiry to be stayed (d) None

ANS: (a) Yes


Q18. Which factor mentioned below is not related to the cause for
Undue delay and faulty disposal of the disciplinary case ?
(a) Officer conducting inquiry may be pre-occupied.
(b) Unfamiliarity with the procedure and inadequate experience
(c ) Some undue delay occurred in making reference to UPSC
(d) Non-availability of the Charged Officer for the inquiry.

ANS: (d) Non-availability of the Charged Officer for the inquiry.


Q19. Is there any provision for withholding appeals by the authority
to whom the appeal is referred ?
(a) No provision for withholding appeals
(b) May be withheld
(c ) May be withheld for a reasonable period
(d) None of the Above

ANS: (a) No provision for withholding appeals


Q20. Who can allow for personal hearing in Major Penalty cases ?
(a) Appellate Authority (b) Appointing Authority
(c ) Disciplinary Authority (d) Head Of Office

ANS: (a) Appellate Authority


Q21. In case of appeal against an order imposing any penalty under
Rule 11,an Appellate Authority shall evaluate the same under
provisions of which of the following rules ?
(a) Rule 27(1) (b) Rule 27(2) (c ) Rule 22 (d) Rule 23

ANS: Rule 27(2)


EXPLANATION: Rule 27(1): Appeal against an order related to
suspension.
Q22. When is “de novo” Proceedings required ?
(a) When orders of the Disciplinary Authority are defective
(b) When Appellate Authority sets aside the punishment orders
(c ) When there is a dispute between delinquent and Disciplinary
Authority
(d) Due to non implementing proper procedure during the course of
Inquiry.

ANS: (b) When Appellate Authority sets aside the punishment orders
EXPLANATION: The disciplinary authority has been directed by the
appellate authority to re-do the enquiry from the stage of charge sheet.
Q23. Who is the Competent Authority to review/revise the punishment
orders in respect of other Central Govt. Departments (except P & T and
Secretariat) ?
(a) Head Of a Department directly under the Central Govt.
(b) Head Of Office of the respective department
(c ) Next immediate officer of the concerned official
(d) Disciplinary Authority

ANS: (a) Head Of a Department directly under the Central Govt.


Q24.How are the Orders /Notices served to the Govt. Servant ?
(a) By ordinary post (b) Served in person or by Registered post
(c ) Optional (d) If desired

ANS: (b) Served in person or by Registered post


Q25.Is UPSC consultation necessary for remanding a case for revision
of penalty?
(a) Necessary in all cases
(b) Not necessary when President sets aside the proceedings
(c ) Mandatory in certain cases
(d) None of the Above

ANS: (b) Not necessary when President sets aside the proceedings
Q26. Who is the custodian of listed documents in a Departmental
Enquiry ?
(a) Presenting Officer (b) Defence Assistant
(c ) Inquiry Officer (d) Charged Officer

ANS: (a) Presenting Officer


Q27. Whether the production of new documentary evidence which
was not included originally by the Disciplinary Authority ?
(a) No (b) Yes,invariably
(c ) Yes,only where there is defect in the evidence
(d) None

ANS: (c ) Yes,only where there is defect in the evidence


Q28. Who is empowered to pass Interlocutory Orders in a Departmen-
tal Proceedings ?
(a) Inquiry Officer (b) Presenting Officer
(c ) Disciplinary Authority (d) Defence Assistant

ANS: (a) Inquiry Officer


Q29. What is the function of a Presenting Officer ?
(a) To enquire into the charges levelled against the Charged Officer
(b) To plead for the Charged Officer
(c ) To show why the charges are considered to be established on
the basis of documentary evidence provided.
(d) To impose the penalty on the charges proved by the Inquiry
Officer.

ANS: (c ) To show why the charges are considered to be established


on the basis of documentary evidence provided.
Q30. Whether a Government Servant who is charged with the depart-
mental proceedings,has requested for holding an enquiry at a place
other than his headquarters and requested for grant of T.A. ?
Is it admissible?
(a) YES (b) Yes,subject to condition
(c ) Yes,subject to condition by the Inquiry Officer
(d) No

ANS: (d) No
Q31. Whether the retired Govt. Servant who is required to attend
Departmental enquiry instituted against him,is entitled to T.A.?
If so where from ?
(a) The office in which he retired
(b) The place of his hometown declared
(c ) From any place
(d) Not allowed T.A.

ANS: (b) The place of his hometown declared


Q32. Whether a retired Govt. Servant is entitled to T.A.,for perusal
of Official Documents at an outstation in preparation of his defence
against a departmental proceedings instituted against him ? If so,
mention the maximum number of days of Daily Allowance (DA),to
which he is eligible ?
(a) Four days (b) Three days
(c ) 5 days (d) Two days

ANS: (b) Three days


Q33. Who has to bear the travelling and other expenses of a Govt.
Servant who is nominated as Defence Assistant,to assist the Govt.
Servant against whom the departmental proceedings is held ?
(a) The Charged Official (b) Defence Assistant himself
(c ) Office to which delinquent Govt. Servant belongs
(d) Office to which Defence Assistant belongs

ANS: (c ) Office to which delinquent Govt. Servant belongs


Q34. The retired Govt. Officer appointed as Departmental Inquiry
Officers has requested for sanction of honorarium in addition to
T.A/D.A sanctioned to them.Is it admissible ? If so at what rates ?
(a) Last pay drawn at the time of retirement
(b) 50% of Last pay drawn at the time of retirement
(c ) Rates fixed per case by the Govt. Of India
(d) Lumpsum fixed for the entire cases

ANS: (c ) Rates fixed per case by the Govt. Of India


Q35. The Authorities who have been delegated powers to impose
penalties on employees of Central Civil Services Group B, C and D
are prescribed in -----of CCS(CCA) Rules,1965.
(a) Rule 12 (b) Rule 17
(c ) Rule 13 (d) Schedule

ANS: (d) Schedule


Q36. An order of the disciplinary authority should be -----.
(a) Self-contained (b) Reasoned
(c ) Speaking (d) All of the Above

ANS: (d) All of the Above


Q37. Common proceedings against two or more charged officials
can be conducted in terms of rule ------of CCS(CCA) Rules.
(a) Rule 15 (b) Rule 17
(c ) Rule 18 (d) Rule 19

ANS: (c ) Rule 18
Q38. When two Officials fight against each other and disciplinary
proceedings initiated against them is confirmed.How can the disci-
plinary proceeding instituted ?
(a) Jointly (b) Separately but simultaneously
(c ) One proceeding completed after another
(d) None of the Above

ANS: (b) Separately but simultaneously


Q39. What will be the effect of the period of Extra Ordinary Leave(EOL),
If a Govt. Servant is reinstated without the suspension being fully
exonerated and the period of suspension treated as Leave due/EXOL ?
(a) Recovery of difference between Subsistence Allowance plus
Compensatory allowances and leave salary plus allowances.
(b) To recover 50% of Subsistence Allowance
(c ) To recover other allowances
(d) To recover only Compensatory Allowance

ANS: (a) Recovery of difference between Subsistence Allowance plus


Compensatory allowances and leave salary plus allowances.
Q40. Where a disciplinary case is referred to UPSC -------time should
be given to the Commission.
(a) Atleast 5 months (b) Atleast 7 months
(c ) Atleast 6 months (d) Atleast 4 months

ANS: (c ) Atleast 6 months


Q41. -----may review any order,if any new material (that could
not be produced at the time of passing orders under review)
that may change nature of the case,is brought before him.
(a) The President (b) Appointing Authority
(c ) Disciplinary Authority (d) Competent Authority

ANS: (a) The President


Q42. No revision proceedings shall commence until-
(a) The limitation period of appeal is over
(b) Where an appeal has been preferred,the same is disposed off.
(c ) the permission given by President
(d) Either (a) or (b)

ANS: (d) Either (a) or (b)


Q43. An employee may prefer a revision petition to the Revising
Authority without submitting an appeal.If the Revising Authority
to whom the revision petition has been preferred is the Appellate
Authority,the revised order has to be passed within ------- of the date
of the order proposed to be revised.
(a) 5 months (b) 6 months
(c ) 7 months (d) 8 months

ANS: (b) 6 months


Q44.While making payment of arrears,the Law of ------ should not be
invoked .
(a) Restriction (b) Limitation
(c ) confinement (d) Boundary

ANS: (b) Limitation


Q45. Under what circumstances Inquiry proceedings should be
stayed?
(a) Under orders of a Court of competent jurisdiction
(b) At the request of the delinquent official
(c ) On the orders of the Appointment Authority
(d) None of the Above

ANS: (a) Under orders of a Court of competent jurisdiction

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