PROVISION OF ARTICLE OF THE CONSTITUTION OF INDIA; APPLICABILITY OF CCS(CCA) RULES,; INTERRELATION BETWEEN CCS (CCA). THE CENTRAL CIVIL SERVICES (CLASSIFICATION, CONTROL & APPEAL) RULES, In exercise of the powers conferred by proviso to Article and. 6 Jul Notification for amendment of Part V of the Schedule to the CCS (CCA) Rules,. » 3. Classification of posts under the CCS.
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A dated the 14 th September, ]. The matter has, therefore, been examined carefully and the following decisions have been taken: A dated 16 th February, and No. It is further being provided that extension of suspension shall not be for a period exceeding days at a time. A dated the 24 th December, ].
Referencer | Central Civil Services (Classification, Control & Appeal) Rules, | Index
According to them departmental inquiries should invariably be entrusted to an independent and impartial body or tribunal and that considerations of the expenditure involved in providing such an independent forum should not be the prime factor in the dispensation of justice. There may be cases where the penalty is imposed under Clause a of the second proviso to Article 2 of the Constitution.
There is, therefore, no objection to the continuance of this system. When the conduct of a Government Ruoes is under investigation by the CBI or by the controlling Department but the investigation has not reached the stage of issue of charge sheet or prosecution sanction or filing of charge-sheet for criminal prosecution in a court, the application of such a Government servant may be forwarded together with brief comments on the nature of allegations and it should also be made clear that in the event 9165 actual selection of the Government servant, he would not be released for taking up the appointment, if by that time charge sheet for imposition of penalty under CCS CCA Rules, or sanction for prosecution is issued or a charge sheet is filed in a court to prosecute the Government Servant, or he is placed under suspension.
In case, however, the rules of such an examination lay down that only those eligible persons can be allowed to appear at the examination who are considered to be fit for the purpose, the fitness of an eligible candidate, who has been awarded the penalty of censure, to appear at the examination has to be considered on the basis of rulees overall assessment of his service record and not merely on the basis of the ccss of censure.
The power to deny access on the ground of public interest should be exercised only when there are reasonable and sufficient grounds to believe that public interest will clearly suffer. Accordingly, a proviso has now been added to sub-rule 7 of the said rule 10 as follows:. So far as payment of subsistence allowance is concerned, Ministry of Finance etc. Adated 28thJuly, ] Disciplinary jurisdiction of Election Commission of India over Government servants deputed for election duties.
A dated the 29 th July, ].
OK Rule 14 Post Inquiry action Where the authority denies arrears of salary or part of it, it will record its reasons for doing so. The adverse remarks should also be conveyed to the officer and his representation, if any, against the same disposed of in accordance with the procedure laid down in the instructions issued in this regard.
Such evidence may be called for only when there is an inherent lacuna or defect in the evidence which has been produced originally.
CCS (CCA) RULES, 1965
On the question of punishment, learned counsel for the respondent submitted that the punishment awarded is excessive and that lesser punishment would meet the ends of justice.
To ensure that this is clear, clause v of Rule 11 is being amended and a notification is being issued separately. Dated 26 th June, ]. It was agreed that obviously this should be done and the attention of the competent authorities could be drawn to the need for staying the proceedings once a review petition was submitted in such cases. If he has become a permanent Government servant, an inquiry as prescribed in Rule 14 of CCS CCA Rules, may be held and if the charges are proved, the Government servant should be removed or dismissed from service.
Government servants who is undergoing a sentence of imprisonment shall be also dealt with in the same manner pending decision on the disciplinary action to be taken against him.
In case of death during suspension, it is presumed that there was no suspension at all and full pay and allowances are to be paid. It has accordingly been decided that whenever an application is moved by a Government servant against whom disciplinary proceedings are initiated under the CCS CCA Rules against the inquiry officer on grounds of bias, the 19965 should be stayed and the application referred, alongwith the relevant material, to the appropriate reviewing authority for considering the application and passing appropriate orders thereon.
CCS(CCA) Rules, Brief introduction. – ppt video online download
Ddated 12 th June, In this connection, a reference is invited to Rule 11 of the CCS CCA Rules, which specified the nature of penalties that may for good and sufficient reasons, be imposed on a Government servant. As regards the point raised by the Staff Side that the Departmental Inquiry should be entrusted to an independent impartial body or tribunal, it was clarified that inquiries in disciplinary proceedings against gazetted officers of all grades involving lack of integrity or an element of vigilance are alone entrusted to Commissioner for Departmental Inquiries under the Central Vigilance Commission and other cases of disciplinary proceedings involving purely administrative or technical lapses, are not referred to the said Commissioner.
If a Government servant who had submitted a resignation, sends an intimation in writing to the appointing authority withdrawing his earlier letter of resignation before its acceptance by the appointing authority, the resignation will be deemed to have been automatically withdrawn and there is no question of accepting the resignation. Provided that no appointment to the post of Chief Secretary, Finance Secretary, Inspector General of Police, or Development Commissioner or any other post which carries an ultimate salary of Rupees two thousand per mensem or more shall be made except with the previous approval of the Central Government.
CCS(CCA) Rules, 1965 Brief introduction.
These are only some of the circumstance where such denial can be justified. The Ministry of Finance etc. The undersigned is directed to say that Rule 10 Suspension of the CCS CCA Rules, is being amended to provide that an order of suspension made or deemed to have been made under this Rule shall be reviewed by the competent authority on recommendation of the Review Committee constituted for the purpose.
It has to be remembered that serious difficulties arise when the Courts do not accept as correct the refusal by the disciplinary authority, of access to documents. In the light of the aforesaid judgments, the matter has been examined in consultation with the Department of Legal Affairs and it has been decided that in al cases, where an inquiry has been held in accordance with the provisions of Rule 14 of the CCS CCA Rules, the disciplinary authority, if it is different from the inquiry authority shall before making a final order in the case, forward a copy of the inquiry report to the Government servant concerned with the following endorsement: Since such an order of the disciplinary authority will be in the nature of a step-in-aid of the inquiry, no appeal shall lie against that order.
Government have also noticed the judgement dated Each case requires to be considered in the back drop of its own facts and circumstances.
A case has come to the notice of this Ministry in which the application of a Government servant against whom departmental proceedings were pending was forwarded for an assignment under an international organisation. Registration Forgot your password? ccw
Provided that in every case where it is necessary to consult the Commission, the record of the inquiry shall be forwarded by the disciplinary authority to the Commission for its advice and such advice shall be taken into consideration before making any order imposing any penalty on rulss Government servant. The adequacy of penalty unless it is malafide is certainly not a matter for the Tribunal to concern itself with. Cs may, however, carve out one exception to this proposal. It is, further been provided that wherever an application is moved by a Government servant, against whom disciplinary proceedings are initiated, against the Inquiry Officer ccss grounds of bias, the proceedings should be stayed and the application referred to the appropriate reviewing authority for considering the matter and passing appropriate orders thereon.
In the case of State Bank of India Vs. Therefore, it is not ordinarily necessary to supply copies of the various documents and it would be sufficient if the Government servant is given such access as is permitted under rulez rules referred to above. The rulings given by the Supreme Court in the above cases may be kept in view by all disciplinary authorities while deciding cases in future.
It is requested that necessary action may please be taken to ensure ccss all Inquiry Officers follow ruels procedure outlined above. An indication to this effect may be made in the promotion order itself so that there is no ambiguity in the matter. In the case of Hindustan Petroleum Corporation Ltd. In respect of the types of misdemeanor specified in sub clauses iii and v discretion has to be exercised with care.