Is it mandatory to invoke the procedure laid down in the CCA Rules whenever a punitive move is taken

4. Is it mandatory to invoke the procedure laid down in the CCA Rules whenever a punitive move is taken against the employee? In so far as the punitive moves are concerned procedures laid down in the CCA Rules are applicable only for imposing the penalties prescribed in the above rules. There may be several instances in the career of an employee which may have a punitive impact on the employee concerned but are not penalty within the meaning of the CCA Rules. An illustrative list of such adverse instances in the career of the employee is available under the Explanation under Rule 11 of the CCA Rules. The same is not re-produced for the sake of brevity. Some distinguishing features between a penalty and other adverse instances in the career of an employee are as under: (a) A penalty is that which is imposed for a good and sufficient reason as prescribed in Rule 11; on the other hand the adverse instances illustrated under the Explanation under Rule 11 are the natural consequences of certain deficiencies of the employee or the enforcement of contractual or statutory provisions. (b) Imposition of penalty basically carries with it a stigma. On the other hand, if an employee is reverted to the lower post for want of vacancy, it involves no stigma. (c) Imposition of a penalty implies a misconduct on the part of the employee i.e. an omission or commission on the part of employee which has a bearing on his/her competence, conduct and character. On the other hand, other adverse instances may indicate the imbalance between the job requirement and the employee capability. (d) A penalty can be imposed after following the procedure prescribed in the Rules – even if the inquiry is dispensed with under Rule 19 of the CCA Rules, there is a procedure prescribed for it in the Rules. On the other hand, adverse instances of career can be meted out after following the procedure laid down under various service rules – say DPC Procedure, or procedure for review under Fundamental Rules 56(J), etc.