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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The officer should be permitted access to the documents mentioned in the list if he so desires. Clause vi of Rule 11, which enumerates the penalties that may be imposed on a Government servant after following the prescribed procedure, provides as under: Provided that the inquiring authority may, for reasons to be recorded by it in writing, refuse to requisition such of the documents as are, in its opinion, not relevant to ccs cca rules 1965 in case.
The Suprme Court in that case further observed as under: It is therefore, essential that the decision taken by such authorities ccs cca rules 1965 in communicated by the competent authority under their own signatures, and the order so issued should comply with the legal requirements as indicated in the preceding paragraphs.
B dated the 29thDecember, ] Procedure regarding closing of disciplinary cases in the event of death of the charged official [Deptt.
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. The matter has been considered in consultation with the Ministry of Law and it has been decided that the sealed cover procedure as contained in the OM dated A Central Civil post carrying ccs cca rules 1965 in pay or ccs cca rules 1965 in scale of pay with a maximum of not less than Rs.
It has been decided that public interest should be guiding factor in deciding to place a Government servant under suspension, and the disciplinary authority, should have discretion to decide this taking all factors into account.
CCS (CCA) RULES, 1965
It would avoid ccs cca rules 1965 in in granting such permission, if the Inquiry Officers take the initiative in the matter of informing the controlling authority in this regard. Adated 7thNovember, ] Disciplinary jurisdiction of Election Commission of India over Government servants deputed for election duties.
The Staff Side has suggested jn the penalty in question should be for a specified time-period with clear directions regarding restoration to the higher grade.
Government servants involved ccs cca rules 1965 in departmental enquiries often ask for access to and or supply of copies of: The question has been considered in consultation with the Ministry of Law and the position is clarified as under: If the penalty can lawfully be imposed and is imposed on the proved misconduct, the Tribunal has no power to substitute its own discretion for that of the authority.
It may also be impressed upon all concerned that lapsing of any suspension order on account of failure to review the same will be viewed seriously. However, it will be desirable for the purpose of administrative record to make a formal order for revocation of such suspension under Rule 10 5 of the CCS CCA Rules, It has been decided to consolidate the instructions on the subject.
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 Ccs cca rules 1965 in, which corresponds to Art.
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. A dated the 6 th September, on. As regards recommendation iiiit is obviously desirable that only disinterested officers should be appointed as Inquiry Officers in departmental proceedings.
It may be noted that, by its very nature, subsistence allowance is meant for the subsistence of a suspended Government servant and his dcs during the period he is not allowed to perform any duty and thereby ib a salary. After careful consideration the Ministry of Home Affairs have come to the conclusion ccss this impression is not wholly justified. Ccs cca rules 1965 in of Atomic Energy, in the special leave petition filed by the Department against the judgment of the CAT, the Supreme Court has expressed its view in favour of the principle laid down by the Tribunal, but directed that ccs cca rules 1965 in matter be referred to a larger bench of the court.
AIR SC However, where an individual under suspension requests for a change of headquarters, there is no objection to a competent authority changing the headquarters if it is satisfied that such a course will not put Government to any extra expenditure like grant of T.
Although such bodies have worked satisfactorily in ru,es State of Uttar Pradesh and Madras, it is felt that Central Government Ccs cca rules 1965 in is so vast and widely scattered that a similar experiment will hardly justify the expenditure incurred. Department of Personnel OM No.
Referencer | Central Civil Services (Classification, Control & Appeal) Rules, | Index
Where the authority denies arrears of salary or part of it, it will record its reasons for doing so. The power to impose penalty ccs cca rules 1965 in a delinquent officer is conferred on the competent authority either by an Act of legislature or rules made under ccs cca rules 1965 in proviso to Art. The matter has, therefore, been ccs cca rules 1965 in carefully and the following decisions have been taken: A Central Civil post carrying a pay or a scale of pay with a maximum of over Rs.
The question of relevancy should be looked at from the point of view of the defence and if there is any possible line of defence to which the document may, in some way be relevant though the relevance is not clear to the disciplinary authority at the time that the request ruoes made, the request for access should not be rejected.
For all other departmental inquiries the delay caused by excessive pre-occupation or unfamiliarities with the procedure could be easily avoided by adopting the following measures: This procedure would require the Disciplinary Authority rkles first examine the report as per the laid down procedure and formulate its tentative views before forwarding the Report of Inquiry to the charged officer. The procedure prescribed in 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.
The Government of India note that the Pay Commission have observed that the information available with them does not at all suggest that disciplinary action is taken in far too many cases or that major penalties imposed too freely or that appeals and memorials are dealt with perfunctorily. The procedure outlined in the preceding paras should also be followed in considering the claim for confirmation of an officer under suspension, etc.
Cases of quasi-permanent Government ccx requesting withdrawal of resignation submitted by them would be considered by the Department of Personnel and Training on merits. The general rule, therefore, is that a resignation of a Government servant from service should be accepted, except in the circumstances indicated below: It is open to the inquiring rlues to permit the appointment of a Defence Assistant from any other station, having regard to the circumstances of cfa case.
The authorities concerned should bear ccs cca rules 1965 in in mind before an Inquiry Officer is appointed in a disciplinary eules. Where the person without inquiry is dismissed, removed or reduced in rank solely on ccs cca rules 1965 in basis of conviction of a criminal court, the Tribunal may examine the adequacy of the penalty imposed in the light of the conviction and sentence inflicted on the person. Eules chapter LI of their report the Pay Commission have made the following recommendations regarding disciplinary proceedings: Consequent upon this amendment, it would ccs cca rules 1965 in be necessary to specifically indicate in the orders of suspension the effective date of suspension.
The Ministry of Finance etc. Provided that the findings on such article of charge shall not be recorded unless the Government servant has either admitted the facts on which such article of charge is based or has had a reasonable opportunity of defending himself dcs such article of charge.
Government have also noticed the judgement dated