PROVISION OF ARTICLE OF THE CONSTITUTION OF INDIA; APPLICABILITY OF CCS(CCA) RULES,; INTERRELATION BETWEEN CCS (CCA). THE CENTRAL CIVIL SERVICES (CLASSIFICATION, CONTROL & APPEAL) RULES, In exercise of the powers conferred by proviso to Article and. 6 Jul Notification for amendment of Part V of the Schedule to the CCS (CCA) Rules,. » 3. Classification of posts under the CCS.
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The Staff Side of the National Council, at its meeting held on 27 th and the 28 th Januaray, raised the following points: Government have already reduced the period of suspension during investigation, barring exceptional cases which are to be reported to the higher authority, from six months to three months. To ensure that this is clear, clause v of Rule 11 is being amended and a notification is being issued separately.
Rulez may be promoted notionally with reference to the date of promotion of his junior. A case has come to the notice of this Ministry in which the application of a Government servant against whom departmental proceedings were pending was forwarded for an assignment under an international organisation.
An indication to this effect may be made in the promotion order itself so that there is no ambiguity in the matter. It is, therefore, necessary to constitute Review Committee s to review the suspension cases.
The staff side in the National Council JCM had made a demand for enhancing the ceiling on the number of cases a retired Government servant can take up as Defence Assistant. If the penalty can lawfully be imposed and is imposed on the proved misconduct, the Tribunal 1695 no power to substitute its own discretion for that of the authority.
The procedure outlined in the preceding paras should also be followed in considering the claim for confirmation of an officer under suspension, etc.
Referencer | Central Civil Services (Classification, Control & Appeal) Rules, | Index
In case the Government servant could have normally got his regular promotion 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.
It was also not possible to entrust the departmental inquiries against non-gazetted employees to the Commissioner for Departmental Inquiries in view of the very large number of disciplinary cases of such employees coming up every year.
Noida JT 2 SCthat merely because a criminal trial is pending, a departmental inquiry involving the very same charges as is involved in the criminal proceedings is not barred. 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 an order imposing any such penalty on the Government servant.
Sub-rule 2 of the same rule lays done that a Government servant shall be deemed to have been placed under suspension by an order of the appointing authority w. 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.
This classification is based on the norms prescribed in Department of Personnel and Training Notification No. If there has been an enquiry consistent with the rules and in accordance with principles of natural justice what punishment would meet the ends of justice is a matter exclusively within the jurisdiction of the competent authority.
However, at present, there is no provision for appeal against the decision of the inquiring authority in the matter, should it decide to refuse permission. Union of India represented by Ministry of Railways have held that to fulfil the constitutional requirement of affording a reasonable opportunity, it is necessary that in all cases 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.
State of Madhya Pradesh AIR SCthe Supreme Court had observed that where a Government servant under suspension pleaded his inability to attend the inquiry on account of financial stringency caused by the non-payment of subsistence allowance to him the proceedings conducted against him exparte would be in violation of the provisions of Article 2 of the Constitution as the person concerned did not receive a reasonable opportunity of defending himself in the disciplinary proceedings.
It is considered that if previous bad record, punishment etc. The Disciplinary Authority will take a suitable decision after considering the report.
CCS (CCA) RULES, 1965
A dated 20th October, ] Disciplinary jurisdiction of Election Commission of India over Government servants deputed for election duties. If, however, a temporary Government servant submits a letter of resignation in which he does not refer to Rule 5 1 of the CCS TS Rules,or does not even mention that it may be treated as a notice of termination of service, he can relinquish the charge of the post held by him only after the resignation is duly accepted by the appointing authority and he is relieved of his duties and not after the expiry of te notice period laid down in the Temporary Service Rules.
Appointments to other Services and Posts. As regards the other two points mentioned in paragraph 1 above, while it is not possible to lay down any hard and fast rules in this regard, and it is for the competent authority to take a decision in each case having regard to its facts and circumstances, it is considered necessary to reiterate the existing instructions on the subject. The cases of withdrawal of resignation of permanent Government servants which involve relaxation of any of the provisions of the above rules will need the concurrence of the Ministry of Personnel, P.
CCS(CCA) Rules, 1965 Brief introduction.
It has been suggested that a provision may be made in the Central Civil Services Conduct Rules, to enable Government to take action against those Government servants who do not look after their families properly. The question has been considered in consultation with the Ministry of Law and the position is clarified as under: The Presenting Officer shall be entitled to re-examine the witnesses on any points on which they have been cross-examined, but not on any new matter, without the leave of the inquiring authority.
In process of brining the defects to the notice of person concerned, where an explanation is possible an opportunity to do so should be given. During this time the work of which the officer is relieved may be distributed amongst other officers.
CCS(CCA) Rules, Brief introduction. – ppt video online download
The officer should be permitted access to the documents mentioned in the list if he so desires. Such Government servants should also not be sent or allowed to go on deputation or ccd service to posts under an authority in India. In either case, a copy of the statement of defence shall be given to the Presenting Officer, if any, appointed.
Authority to institute proceedings. A copy of the Notification is enclosed. If he has become a permanent Government servant, an inquiry cca prescribed in Rule 14 of CCS CCA Rules, may be held and if the charges are proved, the Government servant should be removed or dismissed from service.
A doubt has been raised that the minor penalty introduced vide clause iii a is also covered under clause v of Rule 11 and, rulss, can in some circumstances be treated as a major penalty.
The procedure for withdrawal of resignation after cce 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. Failure on the part of any Government servant to so inform his official superiors will be regarded as suppression of material information and will render him liable to disciplinary action on this ground alone, apart from the action that may be called for on the outcome of the police case against him.
Cases of quasi-permanent Government servants requesting withdrawal of resignation submitted by them would be rulew by the Department of Personnel and Training on merits.