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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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.
CCS (CCA) RULES, | Department of Personnel & Training
A Central Civil post carrying a pay or a scale of pay the maximum of which is Rs. A dated 20th October, ] Disciplinary jurisdiction of Election Commission of India over Government servants deputed for election duties.
A dated 16 th February, and No. Cases of quasi-permanent Government servants requesting withdrawal of resignation submitted by them would be considered by the Department of Personnel and Training on merits.
A dated the 9 th November,inter-alia, provides that only those Cxs Officers who are free from bias should be appointed by the disciplinary authority to conduct departmental inquiries. In respect of the types of misdemeanor specified in sub clauses iii and v discretion has to be exercised with care. The power to impose penalty on a delinquent officer is conferred on 1695 competent authority either by an Act of legislature or rules made under the proviso to Art. In exercise of the powers conferred rulez 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: This practice should be continued and no restriction should be placed on such officials from taking extracts from official dca.
Exceptions to this rule would be where the alleged offences do not involve moral turpitude or where the quantum of evidence against the accused Government servant is not strong enough to justify the assumption that if the departmental proceedings were continued, he would rulea removed or dismissed from service, or where the departmental proceedings are likely to be so protracted that it would be cheaper to the public exchequer to accept the resignation.
The Government servant is also deemed to have been placed under suspension by an order of the competent authority in the circumstances mentioned in rule 10 2 of csc aforesaid rules. A dated the 25 th May, as amended by Notification No. Further, the date and time of the hearing should be intimated to the said controlling authority sufficiently in advance adding that if, for any compelling reason it is not practicable to relieve the Government servant concerned on the due date or dates to attend the enquiry, the Inquiry Officer, the accused official and the Government servant chosen for assisting the accused official may be advised well in time.
Allowing the appeals of the Union of India in this case the Supreme Court has held that the order in terms of Rule 10 2 is not vca in its point of duration or efficacy to the actual period of detention only.
Auth with social network: 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.
The list so prepared should be supplied to the officers either alongwith the charge-sheet or as soon thereafter as possible.
CCS (CCA) RULES, 1965
After careful consideration the Ministry of Home Affairs have come to the conclusion that this impression is not wholly justified. It has accordingly been decided that whenever an application is moved by a Government servant against whom disciplinary proceedings are initiated under the CCS CCA Rules against the inquiry officer on grounds of bias, the proceedings should be stayed and the application referred, alongwith the relevant material, to the appropriate reviewing authority for considering the application and passing appropriate orders thereon.
It may also lead to delays in completing disciplinary cases, which would neither be in the interest of public service nor in that of the individual Government servant. Adated 28th December, It may be noticed that the imposition of appropriate punishment is within the discretion and judgment of the disciplinary authority. It is not possible to anticipate and enumerate exhaustively all the circumstances under which such denials of arrears of salary or part of it may become necessary.
Government have also noticed the judgement dated 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.
CCS(CCA) Rules, 1965 Brief introduction.
Copies should be made available within a reasonable time before the witnesses are examined. It is, therefore impressed on all the authorities concerned that they should scrupulously observe the time limits laid down in the Office Memoranda referred to in the preceding paragraph and review the cases of suspension to see whether continued suspension in all cases is really necessary.
If a case has been registered by the Police against a Government servant under Section B of the I. 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 ccca order imposing the penalty.
Monthly-rated work-charged and other employees not on regular establishment. The list should normally include documents like the First Information Report if there is one on record.
It has been decided in the meeting of National Council held on the 6 th and 7 th November, dca, that in cases where increments are withheld for a period of more than three dca or where increments are stopped with cumulative effect or where such stoppage is likely to affect adversely the pensionary entitlement, the procedure of holding an enquiry should invariably be followed. Provided that no appointment 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.
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. In such cases, the reasons for suspension should be communicated ru,es 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 cxa i of the CCS CCA Rules,if he so desires.
The aforesaid instructions will operate prospectively from the date of issue and accordingly will apply only in cases where the disciplinary authority is yet to pass orders. 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.