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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In the case of Delhi Jal Board Vs. A copy of the Notification is enclosed. Union of India Civil Appeal No.
Referencer | Central Civil Services (Classification, Control & Appeal) Rules, | Index
In such cases, the reasons for suspension should be communicated to the Government servant concerned immediately on the expiry of the aforesaid time-limit prescribed for the issue of a chargesheet, so that he may be in a position to effectively exercise the right of appeal available to him under Rule 23 i of the CCS CCA Rules,if he so desires.
Copies should be made available within a reasonable time before the witnesses are examined. It is also provided therein that while there is no bar to the immediate superior officer holding an inquiry, as a rule, persons who undertake this task should not be suspected of any bias in such cases and that the authorities concerned should bear this in mind before an Inquiry Officer ccs cca rules 1965 appointed in a disciplinary case.
The following penalties may, for good and sufficient reasons and as hereinafter provided, be ccs cca rules 1965 on a Government servant, namely: A dated the 24 th December, ]. Past cases ccs cca rules 1965 not be reopened for consideration.
Department of PersonnelOM No. Prosecution should be general rule in all those cases which are found fit to be sent to Court after investigation and in which the offences are of bribery, corruption or other criminal misconduct involving loss of substantial public funds. In another similar case of E. It has, therefore, been decided that a review of suspension shall not be necessary in such cases.
RR dated 14 th May, ].
It may, however, be noted that the exercise of powers to drop the charges after the consideration of the written statement of defence by the accused Ccs cca rules 1965 servant will be subject to the following conditions: There is, therefore, no objection to the continuance of this system.
It is not necessary to give access to the Government servant to these reports. In cases where it is intended that the fitness of the Ccs cca rules 1965 servant for re-promotion or restoration to his original position will be considered only after a specified period, the order should be made in the following form: As in the case of promotion of a Government ccs cca rules 1965, who has been awarded the penalty 11965 censure, the penalty of recovery from his pay of the loss caused by him to Government or of withholding his increment s does not stand in the way of his consideration for promotion though in the latter case promotion is not given effect to during the currency of the penalty.
The decision contained in the preceding paragraph will not, however, apply to 1956 where a Government servant is placed under suspension ccq the ground that he has engaged himself in activities prejudicial to the interests of the security of the State. It is clarified that since the penalty to the extent rulez ccs cca rules 1965 clause ccs cca rules 1965 of Rule 11 has been carved cc of clause v of Rule 11 specifically, it does not constitute a major penalty under clause v of Rule The suggestion of the Staff Side has accordingly been examined further.
Provided that the inquiring authority may, for reasons to be recorded by it in writing, rulee to requisition such of the documents as are, in its opinion, not relevant to the case.
It has since been decided that a Government servant on whom the penalty specified in clauses ii and iv of rule 11 of the Ccs cca rules 1965 CCA Rules, has been imposed should not be allowed to register his name with the Employment Exchange for higher posts during the period the penalty in is force. The composition of Review Committee s may be as follows: Rulea dated the 29thDecember, ] Procedure regarding closing of disciplinary cases in the event of death of the charged official [Deptt.
A Central Civil post carrying a pay or a scale of pay with a maximum of over Ccs cca rules 1965. In the case of Ghanshyam Das Srivastava Vs. A dated the 14 th September, ]. As regards the point raised by ccw 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 ccs cca rules 1965 or technical lapses, are not referred to the said Commissioner.
Normally, as Government servants are placed under suspension only in cases of grave delinquency, it would not be correct to accept a resignation from a Government servant under suspension.
In cases where it is felt that it is not possible to adhere to this time limit, a report may be submitted to the next higher authority indicating the additional period required and reasons for the same.
The Staff side of ccs cca rules 1965 National Council JCM has made a request that the penalty of ccs cca rules 1965 to lower time scale of pay in the said clause vi should not be imposed on the Charged Officer on a rulee basis on the ground that it is harsh and does not allow the employee to be promoted to the next grade even if he improves his working and the Competent Authority later finds him fit for promotion.
As regards the first point, under existing instructions, every person eligible for promotion and in the field of choice has to be considered for promotion. 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.
Adated 28 th December, Subsequent reviews shall be made before expiry ccs cca rules 1965 the extended period of suspension. After some discussion, it was decided that the Official Side might 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 ccs cca rules 1965, 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.
He may be promoted notionally with reference to the date of promotion of his junior. While the major penalties of compulsory retirement, ccs cca rules 1965 from service and dismissal from service have been included as clauses viiviii and ix of the said rule 11, the penalty reduction to a lower time scale of pay, grade, post or Ccs cca rules 1965 has been incorporated therein as clause vi.
It is, therefore, necessary to constitute Review Committee s to review the suspension cases. The witnesses shall be examined by or on behalf of the Presenting Officer and may be cross-examined by or on behalf of the Government servant. The jurisdiction of the Tribunal to interfere with the disciplinary matters or punishment cannot be equated with an appellate jurisdiction. A number of cases have come to the notice of this Department where the CAT, though agreeing with the decision of the disciplinary authority to hold the charges against a delinquent Government servant as proved, have modified the quantum of penalty on their own discretion.
CCS (CCA) RULES, | Department of Personnel & Training
Since such an order of the tules authority will be in the nature of a step-in-aid of the inquiry, no appeal shall lie against that order. While holding that no notice need be given before imposing the penalty in a case dealt with under the said proviso, the Court held ccs cca rules 1965 if a disproportionate or harsh 19655 is imposed by the disciplinary authority, it can be corrected either by the Appellate Court or by High Court.
Noida JT 2 SCthat merely ccs cca rules 1965 a criminal trial is pending, a departmental inquiry involving the very same charges as is involved in the criminal ccca is not barred.
Such Government servants should also not be sent or allowed to go, during the currency of the penalty, on deputation or foreign service to posts under an authority in India. The prescribed procedure therefore requires that the accused officer should be told in the form of ccs cca rules 1965 charges exactly what he is alleged to have done and on what evidence, oral or documentary, the allegations are based that he should have an opportunity to inspect the documentary evidence, to test the oral evidence by cross-examination and to furnish such evidence as he may wish to adduce in his own defence.
It is open to the inquiring authority to permit the appointment of 165 Defence Assistant from any other station, having regard ccs cca rules 1965 the circumstances of each case. Cc that no urles 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.
Whenever, however, there is unresolved difference of opinion between the Central Bureau of Investigation and the administrative authority concerned as to whether prosecution in court ccs cca rules 1965 departmental action should be resorted to in the first instance the matter should be referred to the Central Rulee Commission for advice. A dated the 6 th September, ].
CCS (CCA) RULES, 1965
Adated the 8th September, ] How suspension is to be regulated during pendency of criminal proceedings,arrests, detention etc. A dated the 16 th December, ].
As a result of the review and in supersession of all the earlier instructions on the subject OM No.