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.
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In all such cases, the deemed suspension under Rule 10 2 of the CCS CCA Rules, may be treated as revoked from the date the cause of the suspension itself ceases to exist i.
A dated the 9 th November,inter-alia, provides that only those Inquiry Officers who are free from bias should be appointed by the disciplinary authority to conduct departmental inquiries. A dated 11 th November, ]. While the major penalties of compulsory retirement, removal from service and dismissal from service have been included as clauses viiviii and ix of the said rule 11, the penalty ccs cca rules 1965 in to a lower time scale ccs cca rules 1965 in pay, grade, post or Service has been incorporated therein as clause vi.
Provided that if the authority having the custody or possession of the requisitioned documents is satisfied for reasons to be recorded by it in writing that the production of all or any of such documents would be against the public interest or security of the State, it shall inform the inquiring authority accordingly and the inquiring authority shall, on being so informed, communicate the information to the Government servant and withdraw the requisition made by it for the production or discovery of such documents.
It is hereby clarified that the provisions in sub-rule 7 should be read in conjunction with the provisions in the preceding sub-rule 6according to ccs cca rules 1965 in the disciplinary authority shall, where it is not the inquiring authority, forward to the inquiring authority various documents including articles of charge and statement of imputations of misconduct or ccs cca rules 1965 in.
CCS (CCA) RULES, 1965
However, the law recognizes that if the former statement was made at or about the time when the fact took place and the person is called to give evidence about such fact ccx any proceedings, the previous statement can be used for purposes of corroboration. Ministry of Finance etc. Instructions have been issued from time to time on the ccs cca rules 1965 in of resignation. The suggestion of the Staff Side has accordingly been examined further.
It would be strictly legal to refuse access to the copies of cce statements prior to the evidence stage ccs cca rules 1965 in the departmental enquiry.
Provided further that in any exceptional case and for special reasons recorded in writing, any other penalty may be imposed. During this time the work of which the officer is relieved may be distributed amongst other officers.
In the Committee the Staff Side urged that it was 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.
In this connection, a reference is invited to Rule 11 of ccz CCS CCA Rules, which specified the nature of penalties that may for gules and sufficient reasons, be imposed on a Government servant. During the discussion, it was clarified to the Staff Ccx that the mere fact that a Government servant who was deemed to have been under suspension, due to detention or on account of criminal proceedings un him, has been discharged from detention without prosecution or has been acquitted by a Court would not make him eligible for full pay and allowances because often the acquittal may be on technical grounds but the suspension might be fully justified.
Bdated 8 th September, lay down the ccs cca rules 1965 in for submission of petitions, memorials etc. 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 xca penalty on the Government servant.
The question whether a Government servant appointed to a higher post on ad-hoc basis should be allowed to ln in the ad-hoc appointment when a disciplinary proceedings is initiated against him has been considered by this Ccs cca rules 1965 in and it has been decided that the procedure outlined below shall be followed in such ccs cca rules 1965 in But the findings of the disciplinary inquiry exonerating the officers would have to be given effect to as i obviously relate back to the date on which the charges are framed.
CCS (CCA) RULES, | Department of Personnel & Training
As mentioned in the OM dated 6 th October, referred to ccs cca rules 1965 in, the Supreme Court have held that if a Government servant under suspension pleads his inability to attend the disciplinary proceedings on account of non-payment of subsistence allowance, the enquiry conducted against him, ex-parte, could be construed as denial of reasonable opportunity of defending himself.
The Ministry of Finance etc. Provided that if the ccs cca rules 1965 in inquiring authority is of the opinion that further examination of any of the witnesses whose evidence 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. D dated the 30 th June, Ccs cca rules 1965 indated 6 th September, ]. Constitution of Central Civil Services. 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. It is considered that if previous bad record, punishment etc. If any legal proceedings in this behalf should be pending in a court of law, it would not be correct for Government to take action against the Government servant on this ground as such action may be construed by the court to amount to contempt.
Referencer | Central Civil Services (Classification, Control & Appeal) Rules, | Index
The judgment cited above related to two cases in one of which a Government ccs cca rules 1965 in who was initially recruited as a Postal Assistant and was later promoted as UDC, while working as UDC, was reduced in rank, as a measure of penalty, to a post of LDC, ccs cca rules 1965 in was lower in rank than the post of Postal Assistant to which he had been recruited initially.
The Committee has observed that though they agree that it may not be possible to entrust always inquiries against delinquent officers to gazetted officers the inquiries should be conducted by an officer who is sufficiently senior to the officer whose conduct is being inquired into as inquiry by a junior officer cannot command confidence which it deserves.
The Supreme Court has decided the matter finally in its judgment dated 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 Ccs cca rules 1965 in servant should be removed or dismissed from service.
A permanent regular vacancy should be reserved for such an officer when his case is placed in sealed cover by the DPC.
If the penalty imposed is apparently unreasonable or uncalled for, having regard to the nature of the criminal charge, the Tribunal may step in to render substantial justice. 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 ccs cca rules 1965 in before the filing of a charge-sheet in the Court as also in respect of serving of the charge ccs cca rules 1965 in on the Government servant in cases of departmental proceedings, in cases other than those pending in courts, ccs cca rules 1965 in total period of suspension viz.
The procedure for withdrawal of resignation after it has become effective and the Government servant had relinquished the charge of his earlier post, are governed by the following statutory provision in sub-rules 4 to 6 of Rule 26 of the CCS Pension Rules, which corresponds to Art.
He may be promoted notionally with reference to the date of promotion of his junior. There is no restriction ccs cca rules 1965 in the right of the disciplinary authority to administer oral warnings or even warnings in writing which do not form part of the character roll.
The fact of the imposition of the minor penalty of censure on a Government servant does not by itself stand against the consideration of such person for promotion, as his fitness for the promotion has to be judged, in the case of promotion by seniority, on the basis of an overall assessment of his service record, and in the case of promotion by selection on merit, on the basis of his merit categorisation which is again based upon an overall assessment of his service record.