THE CENTRAL CIVIL SERVICES (CLASSIFICATION, CONTROL & APPEAL) RULES, In exercise of the powers conferred by proviso to Article and. PROVISION OF ARTICLE OF THE CONSTITUTION OF INDIA; APPLICABILITY OF CCS(CCA) RULES,; INTERRELATION BETWEEN CCS (CCA). –the various provisions and the rules relating to suspension and also decide whether a particular incident/case would warrant suspension or not;. –about the.
|Published (Last):||23 October 2012|
|PDF File Size:||7.43 Mb|
|ePub File Size:||3.96 Mb|
|Price:||Free* [*Free Regsitration Required]|
Referencer | Central Civil Services (Classification, Control & Appeal) Rules, | Index
It ccs cca rules 1965 in necessary to strictly avoid any reference to such reports in the statement of allegations as, if any reference is made, it would vca be possible to deny access to these reports; and giving of such access to these reports will not be in public interest for the reasons ccx above.
In case the Government servant could have normally got his regular 19665 from a date prior to the date of his ad-hoc promotion with reference to his placement in the DPC proceedings kept in the sealed cover s and the actual date of promotion of the person ranked immediately junior to him by the same DPC, he would also be allowed his due seniority and benefit of notional promotion as envisaged in para 3 above.
The question has been examined and it has been decided that it will not be possible to make such a provision in the Conduct Rules as it would entail administrative difficulties in implementing and enforcing it. In the case of Delhi Jal Board Ccs cca rules 1965 in.
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. It is requested that ccs cca rules 1965 in action may please be taken to ensure that all Inquiry Officers follow the procedure outlined above.
A copy of the Notification is enclosed. A point has been raised by the Staff Side in the National Council JCM that the provisions of the above cited sub-rule are followed more in breach than in observance since inquiry officers are not generally appointed within a short period of serving of articles of charge on the Government servant, hence it is not possible for the Government servant appear before the Inquiry Officer within 10 days of receipt of the articles of charge.
So far as payment of subsistence allowance is concerned, Ministry of Finance etc. Ddated the 22nd February, ]. State of Haryana and other [ 2 Supreme Court Cases ] and the Court held that the Tribunal could exercise only such powers which the civil csc or the High Courts could have exercised by way of judicial review.
The Government servant who has been permitted to assist the accused official should be permitted to examine, corss-examine and re-examine witnesses and make submissions ccs cca rules 1965 in the Inquiry Officer on behalf of the accused official, if the accused official makes a request in writing in this behalf.
The Staff Side were, however, informed that if a Government servant was detained in police custody erroneously or without any basis and thereafter he is released without any prosecution, in such cases the official would be eligible for full pay and allowances.
A dated 9 th November, ]. Provided that where there is a complaint of sexual harassment within the meaning of rule 3 C of the Central Civil Services Conduct Rules,the complaints Committee ccs cca rules 1965 in in each ministry or Department or Office for inquiring into such complaints, shall be deemed to be the inquiring authority appointed by the disciplinary authority for the purpose of these rules and the Complaints Committee shall hold, if separate procedure has not been prescribed for the complaints committee for holding the inquiry into the complaints of sexual harassments, the inquiry as far ccs cca rules 1965 in practicable in accordance with the procedure laid down in these rules.
These are only intended for guidance and should not be taken as mandatory: As stated earlier, the copies of the ccs cca rules 1965 in of the witnesses can be used only for the purpose of cross-examination and, therefore, the demand for copies must be made when witnesses are called for examination at the oral enquiry. The further point is the stage at which the Government servant should be permitted to have access to the statements of witnesses proposed to be relied upon in proof of the charges or of the facts stated in the statements of allegation.
A doubt has been raised that the minor penalty introduced vide clause iii a is also covered under clause v of Rule 11 and, therefore, can in some circumstances be treated as a major penalty.
rule 14 of ccs(cca) rules
Department of Personnel, OM No. The various factors which may contribute to undue delays and faulty disposal are: A dated the 6 th January, ]. It has been decided that while the orders contained in the Office Memorandum of 4 th February, would continue to be operative in regard to cases pending in courts in respect of the period of suspension pending investigation ccs cca rules 1965 in the filing of a charge-sheet in the Court as also in respect of serving of the charge sheet on the Government servant in cases of departmental proceedings, in cases other than those pending in courts, the total period of suspension viz.
Department of Personnel Memo. 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. We may, however, carve out one exception ccs cca rules 1965 in this proposal.
This would imply that a Government servant who is placed under suspension should generally know the reasons leading to his suspension so that he may be able to make an appeal against it. The Presenting Officer shall be entitled to re-examine the witnesses on any points on which they ccs cca rules 1965 in been cross-examined, but not on any new matter, without the leave of the inquiring authority.
The Supreme Court has decided cda matter finally in its judgment dated The matter was discussed and it was agreed to that in cases of deemed suspension, if the cause of suspension ceases to exist the revocation of the suspension should be automatic. ccs cca rules 1965 in
A dated the 8 th January, ]. Bdated 8 th September, lay down the procedure for submission of petitions, memorials cxa. It should, however, be noted that in such cases the party affected has legal right to claim maintenance. Short title and 196. After some discussion, it was decided that the Official Side ccs cca rules 1965 in examine the feasibility of prescribing a time-limit of two month within which the disciplinary authority should pass the orders on the report of the inquiry officer, and requiring that authority to submit a report to the next higher authority in cases where the time-limit cannot be adhered to, explaining the reasons therefor.
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 ccs cca rules 1965 in 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, fules pay and allowances may be allowed.
A dated the 6 th September, ]. Such discharge, termination, removal or dismissal from service would, ccs cca rules 1965 in, be without prejudice to the right of the Government to prosecute such Government servants. A dated the 16 th February, ]. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these amendments have been made in consultation with the Comptroller and Auditor General of India.
CCS (CCA) RULES, 1965
In the case of Ghanshyam Das Srivastava Vs. Accs cca rules 1965 in the 8th June, ] Not appropriate to bring in past bad records in deciding the penalty, unless it is made the subject matter of specific charge of the charge-sheet itself [G. In exercise of the ccs cca rules 1965 in conferred by proviso to Article and Clause 5 of Article of the Constitution and after consultation with the Comptroller and Auditor-General in relation to persons serving in the Indian Audit and Accounts Department, the President he reby makes the following rules, namely: A resignation has to be clear and unconditional.
It has, therefore, been decided after discussion with the Staff Side, that a Government servant should be allowed to make a representation to the Disciplinary Authority if the Inquiring Authority rejects a request for permission to take a Defence Assistant from a place other than the headquarters of the charged Government servant or the place of inquiry.
A dated the 16 th December, ]. Adated 6 th September, ]. In other cases involving less serious offences ccs cca rules 1965 in involving malpractices of a departmental nature, departmental action only should be taken and the question of prosecution should generally not arise.
In the second case, disciplinary authority had imposed a penalty of reduction in rank reducing an officer from the post of Assistant Locust Warning Officer to which he was recruited directly to that of Junior Technical Assistant.
Such unduly long suspension while putting the employee concerned to undue hardship, involves payment of subsistence allowance without the employee performing any useful service to the Government. It is, therefore impressed on all the authorities concerned that they should scrupulously observe the time limits laid down in the Office Ccs cca rules 1965 in referred to in the preceding paragraph and review the cases of suspension to see whether continued suspension in all cases is really necessary.
When the conduct of a Government Servant 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 ccs cca rules 1965 in should also be made clear that in the ccs cca rules 1965 in of 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.