features between Major and Minor Penalties

1. What are distinguishing features between Major and Minor Penalties? The distinction between Major and Minor penalties may be perceived from three angles viz. what, who and how. Firstly, minor penalties are lighter penalties whereas major penalties are heavier penalties. It is noteworthy, that till the amendment in August 2004, incorporating clause (iii) (a) [reduction to lower stage by one stage without cumulative effect ….] recovery from pay of loss caused was the only penalty wherein the delinquent had to lose money. Otherwise, none of the minor penalties had the effect of taking away any benefit enjoyed by the delinquent. On the contrary, the major penalties result in deprivation of the benefits/position enjoyed by the delinquent such as loss of employment, etc. Secondly, major penalties could be imposed only by the Appointing Authority whereas authorities subordinate to the Appointing Authority have been designated to impose minor penalties. Thirdly, major penalties can be imposed only after conducting a detailed oral hearing as provided for under Rule 14 of the CCA Rules, unless conduct of Inquiry has been dispensed with under any of the provisions under the second proviso to Article 311 (2) which has been reproduced in Rule 19 of the CCA Rules. Against this, ordinarily, under normal circumstances, minor penalty can be imposed after issue of memorandum and perusal of the response of the delinquent.