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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Provided further that in any exceptional case and for special reasons recorded in writing, any other penalty may be imposed. Adated 20thMarch, ] Disciplinary jurisdiction of Election Commission of India over Government servants deputed for election duties.
It has accordingly been decided that in the case of a Government servant who was deemed to have been placed under suspension due to his detention in police custody erroneously or without basis and thereafter released without any prosecution having been launched, the competent authority should apply its mind at the time of revocation of the suspension and re-instatement of the official and if he comes to the conclusion that the suspension was wholly unjustified, full pay and allowances may rulea allowed.
It would be strictly legal to refuse access to the copies of the statements prior to the evidence stage in the departmental enquiry.
CCS (CCA) RULES, 1965
The various factors which may contribute to undue delays and faulty disposal are: Sub-rule 8 of Rule 14 of CCS CCA Rules, provides that a Government servant may take the assistance of any of the Government servants posted in any office either at his headquarters or at the place where the inquiry is held, to present his case on his behalf.
Procedure for imposing minor penalties. In either case, a copy of the statement of defence shall be given to the Presenting Officer, if any, appointed. What happens to the disciplinary proceedings started by a disciplinary authority A in respect of a Government servant when the latter is transferred to the jurisdiction of another disciplinary authority B even though the said Government servant continues to be in the same service?
The procedure prescribed rulez Rule 14 of the CCS CCA Rules is applicable only to cases in which the charges are so serious as to call for one of the major punishments, i.
It is felt that, while both in the public interest as well as in the interest of employees no avoidable delay should occur in the disposal of disciplinary cases, it is necessary that sufficient time rkles available to the disciplinary authority to apply its mind to all relevant facts which are brought out in the inquiry before forming an opinion about the imposition of a penalty, if any, on the Government servant.
CCS (CCA) RULES, | Department of Personnel & Training
Constitution of Central Civil Services. Where a Government servant belonging to a Service or holding a Central Civil post of any Group, is promoted, whether on probation or temporarily to the Service or Central Civil post of the next higher Group, he shall be deemed for the purposes of this rule to belong to the Service of, or hold the Central Civil post of, such higher Group. A dated 16 th February, ruls emphasise the desirability of only disinterested officers being appointed as Tules Officers in departmental 165.
Though no specific time limit has been prescribed in the above OM in respect of cases where consultation with CVC and UPSC is required, it is imperative that the time limit of three months prescribed for other cases should be adhered to in such cases after receipt of the advice of the UPSC.
There is, however, nothing in these minimum requirements which must necessarily lead to unduly protected proceedings or to a failure, to secure just punishment to the guilty.
The Staff Side of the National Council, at its meeting held on 27 th and the 28 th Januaray, raised the following points: It would avoid delay in granting such permission, if the Inquiry Officers take rulse initiative in the matter of informing the controlling authority in this regard.
It was ruoes suggested that the rules should be amended suitably so that departmental inquiries are invariably conducted by a person belonging to another Department.
CCS(CCA) Rules, 1965 Brief introduction.
Rules 14 8 a of the Central Civil Services Classification, Control and Appeal Rules, provides, inter-alia that a delinquent Government servant against whom disciplinary proceedings have been instituted as for imposition of a major penalty may not engage a legal practitioner to present the case on his behalf before the Inquiring Authority, unless the Presenting Officer appointed by the disciplinary authority is a legal practitioner, or the disciplinary authority, having regard to the circumstances of the case, so permits.
The constitutional requirements laid down in Article 2 of the Constitution of India, and the provisions of Rule 15 and 17 of the CCS CCA Rules, and rulings of the various benches of the Central Administrative Tribunal and of various courts on the matter have been kept in view. Provided that, in every case in which the charge of possession of assets disproportionate to known-source of income or the charge of acceptance from any person of any gratification, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act is established, the penalty mentioned in clause viii or clause ix shall be imposed: Provided that the President may, by a general or a special order and subject to such conditions as he may specify in such order, delegate to any other authority the power to make such appointments.
The special leave petitions filed by the concerned Ministries and Departments in some of the subsequent cases have not been admitted by the Supreme Court. The existing rule position is that the imposition of the penalty of reduction to a lower grade, post or service is normally a bar to the promotion to a higher grade, post or service from which he was reduced unless the conditions of restoration are specified.
A Government servant may, however, take the assistance of any other Government servant posted at any other station on being permitted by the Inquiring Authority to do so.
Referencer | Central Civil Services (Classification, Control & Appeal) Rules, | Index
The Tribunal may remit the matter to the competent authority for reconsideration or by itself substitute one of the penalties provided under Clause a. All disciplinary authorities are, therefore, required to comply with the above mentioned requirement without failure in all cases.
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 an order imposing any such penalty on the Government servant. Sub-rule 4 of Rule 5 of the All India Services Discipline and Appeal Rules does not specifically provide for the Government servant 19655 extract from official records.
Order can be revoked at any time by the competent authority. A dated 14 th September,in which cvs existing instructions relating to suspension of Government employees have been consolidated. A permanent regular vacancy should be reserved for such an officer when his case is placed ruels sealed cover by the DPC. The authorities concerned should bear this in mind before an Inquiry Officer is appointed in a disciplinary case.
Adated the 15 th December, ]. The Staff Side of the National Council JCM 19965 that the aforesaid provision in the rules was restrictive, amounting the denial of justice, and should therefore, be removed.
Dated 26th June, ] Reasons for disagreement, if any should be communicated [Deptt. These instructions will be reviewed after the final decision of the Supreme Court in the case of Ccz Nath K. Provided that no such further inquiry shall cca ordered unless it is intended to meet a situation where the Court has passed an order purely on technical grounds without going into the merits of the case. It is considered that the acceptance of recommendation at i above would considerably increase the work of the Union Public Service Commission.
The witnesses produced by the Government servant shall then be examined and shall be liable to cross-examination, re-examination and examination by the inquiring authority according to the provisions applicable to the witnesses for the disciplinary authority.