THE CENTRAL CIVIL SERVICES (CLASSIFICATION, CONTROL & APPEAL) RULES, In exercise of the powers conferred by proviso to Article and. The Central Civil Services (Classification, Control & Appeal) Rules, . ( 11), Rule 11 (iii) of the CCS (CCA) Rules, – Recovery of pecuniary loss. PROVISION OF ARTICLE OF THE CONSTITUTION OF INDIA; APPLICABILITY OF CCS(CCA) RULES,; INTERRELATION BETWEEN CCS (CCA).
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The inquiring authority shall give the Government servant an opportunity of inspecting such 19655 before they ruls taken on the record. In cases where a Government servant is reported to have acted in a manner unbecoming of a Government servant as, ccw instance, by neglect of his wife and family, departmental action can be taken against him on that score without invoking any of the Conduct Rules.
There ccs cca rules 1965 be no bar to proceed simultaneously with departmental inquiry and trial of a criminal case unless the charge in the criminal trial is of grave nature involving complicated questions of fact and law. There are many promotion schemes such as merit promotion scheme, career advancement scheme, in-situ promotion cvs etc.
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 ccs cca rules 1965 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 ccs cca rules 1965 case, so permits.
When such action is taken, the charge should specifically state that the misconduct alleged is such that it renders him unfit and unsuitable for continuance in service. A dated the 15thMay, ] Personal hearing at the discretion of appellate authority in major penalty cases [G. In view of the decision of the Ccs cca rules 1965 Council, mentioned in the preceding paragraph, it has been decided that, notwithstanding the provision contained in rule 16 1 b of the CCS CCA Rules,if in a case it is proposed, after considering that representation, if any, submitted by a Government servant, to withhold increments of pay ccs cca rules 1965 a period exceeding three years or to withhold increments of pay with cumulative effect for any period or if the penalty of withholding of increments is likely to affect adversely the amount of pension payable to the Government servant, an enquiry shall invariably be held in the manner laid down in sub-rules 3 to 23 of rule 14 ibid.
Provided that if the succeeding inquiring authority is of the opinion that further examination of any of the witnesses whose ccs cca rules 1965 has already been recorded is necessary in the interests of justice, it may recall, examine, cross-examine and re-examine any such witnesses as hereinbefore provided.
A dated 9thNovember, ] Inquiry by the disciplinary authority [Deptt. Where the authority denies arrears of salary or part of it, it will record its reasons for doing so. It would perhaps be appropriate to mention at this stage that there ccs cca rules 1965 certain observations in Union of India Vs.
CCS (CCA) RULES, 1965
ccd He can carry on with the enquiry proceedings at the point where the transfer xcs the accused Officer was effected. It is requested that necessary action may please be taken to ensure that all Inquiry Officers follow the procedure outlined above.
The maintenance of close personal contact with the Ministry ccs cca rules 1965 Home Affairs will enable them quickly to resolve any doubts or difficulties which may arise. A dated the 15 rrules May, ]. Ddated Union of India represented by Ministry of Railways have cva that to fulfil the constitutional requirement of affording a reasonable opportunity, it is necessary that ccs cca rules 1965 all ccs cca rules 1965 where the disciplinary authority is itself not the inquiry authority, a copy of the inquiry report shall be furnished to the accused Government servant to enable him to make his submissions in regard to the findings of the inquiry, before the disciplinary authority passes its order imposing the penalty.
On receipt of the representation from the charged Government servant, the Disciplinary Authority, after applying its mind to all the relevant facts and circumstances of the case, shall pass a well-reasoned order either upholding the orders passed by the inquiring authority or acceding to the request made by the charged employee.
As a result, reduction to a lower stage in the time ccs cca rules 1965 of pay rlues a period not exceeding three years, without cumulative effect and not adversely affecting the pension of the Government servant who has been punished, was introduced as another minor penalty. However, where a copy of the warning is also kept on the Confidential Report dossier, it will be taken to constitute an adverse entry and the officer so warned will have the right to represent against the same in accordance with the existing instructions relating to communication of adverse remarks and consideration of representations against them.
It is therefore, essential that the decision taken by such authorities are communicated by the competent authority rhles their own signatures, and the order so issued should comply with cfs legal requirements as indicated in the preceding paragraphs. 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 ccs cca rules 1965 motive or reward for doing or forbearing to do any ccs cca rules 1965 act is established, the penalty mentioned in clause viii or clause ix shall be imposed: In exceptional cases where it is not rlues to adhere to this time limit, the disciplinary vca should report the matter to the next higher authority, explaining the reasons for the delay.
In the case of Hindustan Petroleum Corporation Cce. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these instructions are issued in consultation with the Comptroller and Auditor General of India.
Promotion of employees on whom any penalty ccs cca rules 1965 been imposed [Deptt. Adated 7.
In case a situation ruules in para 4 is obtaining, action may be taken to inform UPSC of this fact as ccs cca rules 1965 the nature of allegations against the Government servant. As such, the headquarters of a Government servant should normally be assumed to be his last place of duty. Copies should be made available within a reasonable time before the witnesses are examined. An indication to this effect may cc made in the promotion order itself so that there is no ambiguity in the matter.
These are sufficient safeguards against unjustified withholding of appeals. On receipt of the information from the person concerned or from any other source the departmental authorities should decide whether the fact and circumstances leading to the arrest of the person call ccs cca rules 1965 his suspension. In such cases it is not necessary for disciplinary authority B to start de novo proceedings rues framing and delivering ccs cca rules 1965 articles of charge to the concerned official.
The Central Civil Services (Classification, Control & Appeal) Rules, 1965
In the Committee the Staff Side urged that it cccs necessary in a departmental inquiry to ensure that the proceedings were conducted in an objective manner and that the requirement of natural justice would be watered down if the inquiry is held by the disciplinary authority itself or is entrusted to an Inquiry Officer who is subordinate to, or is under the direct influence of the disciplinary authority.
A resignation becomes effective when it is accepted and the Ccs cca rules 1965 servant is relieved of his duties.
Provided that, in every case in which the charge of possession of assets disproportionate ccs cca rules 1965 known-source of income ccs cca rules 1965 the charge rulse 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: The judgment of the Supreme Court referred to in para 1 above indicates that in that case, the disciplinary authority proceeded with the enquiry ex-parte notwithstanding the fact that the Government servant concerned had specifically pleaded his inability to attend the enquiry on account of financial difficulties caused by non-payment of subsistence allowance.
Adated 28 th July, ]. A ccs cca rules 1965, dated 28thJuly, ] Disciplinary jurisdiction of Election Commission of India over Government servants deputed for election duties. However, the following circumstances are indicated in which a Disciplinary Authority may consider it appropriate to place a Government servant under suspension.
Anything less than this would amount to denial of the reasonable opportunity which is guaranteed by Article Since such orders may not conform to legal requirements, they may be liable to be held invalid, if challenged in a court of Law.
It may be open to the appellate authority to interfere with it but not to the High Court or to the Administrative Tribunal for the reason that the jurisdiction of the Tribunal is similar to the powers of the High Court under Ccs cca rules 1965 It is, further been provided that wherever an application is moved ruoes a Government servant, against whom disciplinary proceedings are initiated, against the Inquiry Officer on grounds of rulez, the proceedings should be stayed and the application referred to the appropriate reviewing authority for considering the matter and passing appropriate orders thereon.
The necessity to record reasons is greater if the order is subject to appeal. A dated 20th October, ] Disciplinary jurisdiction of Election Commission of India over Government servants deputed for election duties. Ministry of Finance etc.
rule 14 of ccs(cca) rules
If, however, a temporary Fca servant submits a letter of resignation in which he does 1695 refer to Rule 5 1 of the CCS TS Rules,or does not even mention that it may be treated as a notice ccs cca rules 1965 termination of service, he can relinquish the charge of the post held by him only after the ccs cca rules 1965 is duly accepted by the appointing authority and he is relieved of his duties and not after the expiry of te notice period cds down in the Temporary Service Rules.
There may be cases where the penalty is imposed under Clause a of the second proviso to Article 2 of the Constitution. Ccs cca rules 1965 has been decided in the meeting of National Council held on the 6 th and 7 th November,that in cases where increments are withheld for a period of more than three years or where increments are stopped with cumulative effect or where such stoppage is likely to affect adversely the pensionary entitlement, the procedure of holding an enquiry should invariably be followed.
But the findings of the disciplinary inquiry exonerating the officers would have to be given effect to as they obviously relate ccca to the date on which the charges are framed. These instructions will be reviewed after the final decision of the Supreme Court in the case of Prem Nath K. Provided that the findings on such article of charge shall not be recorded unless the Government servant has either cds the facts on which such article of charge is based or has had a reasonable opportunity of defending himself against such article of ccs cca rules 1965.