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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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 ccs cca rules 1965 in consideration before making an order imposing ccs cca rules 1965 in such penalty on the Government servant. As regards the factors mentioned in i and ii above Ministry of Home Affairs have considered the feasibility of setting up separate Administrative Tribunals for inquiring into the more important departmental proceedings.
The matter has, therefore, been examined carefully and the following decisions have been taken: Department of Personnel OM No. It is open to the inquiring authority to permit the appointment of a Defence Assistant from any other station, having regard to the circumstances of each case.
In this connection, the existing provisions regarding the effect of warning etc.
Department of Personnel Memo. As stated earlier, the copies of the statements of the witnesses can be used only for the purpose of cross-examination and, ccs cca rules 1965 in, the demand for copies must be made when witnesses are called for examination at the oral enquiry. Procedure for imposing minor penalties. Therefore, it is not ordinarily necessary to supply copies of the various documents and it 9165 be sufficient if the Government servant is given such access as is permitted under the rules referred to above.
CCS (CCA) RULES, 1965
The officer should be permitted access to the documents mentioned in the list if he so desires. When ccs cca rules 1965 in conduct of a Government Servant is under investigation by the CBI or by the controlling Department but the investigation has not reached the stage of issue of charge sheet or prosecution sanction or filing of charge-sheet for criminal prosecution in a court, the application of such a Government servant may be forwarded together with brief comments on the nature of allegations and it should also be made clear that in the event of actual selection of the Government servant, he would not be released for taking up the appointment, if by that time charge sheet for imposition of penalty under CCS CCA Rules, or sanction for prosecution is ccs or a charge sheet is filed in a court to prosecute the Government Servant, or he is placed under suspension.
It has, therefore, been decided after discussion with the Staff Side, that a Government servant should be allowed to make a representation to the Disciplinary Authority if the Inquiring Ccs cca rules 1965 in rejects a request for permission rhles take a Defence Assistant from a place other than the headquarters of the charged Government servant or the place of inquiry.
Since such an order of the disciplinary authority will be in the nature cxs a step-in-aid of the inquiry, no appeal shall lie against that order. The Supreme Court has decided the matter finally in its judgment dated 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.
The matter has been examined at length in this Ministry and the conclusions reached are stated in the following paragraphs. Department of Personnel, OM No. In the OM No. A dated 11 th November, ]. A dated the 29 th April, ].
A dated the 19thJanuary, ] Minor Penalty — holding of inquiry in specific circumstances ccs cca rules 1965 in.
It is, therefore, once again reiterated that the provisions of the aforesaid instructions in the matter of suspension of Government employees and the action to be taken thereafter should be followed strictly.
It is clarified, that, when on behalf of ccs cca rules 1965 in disciplinary authority, the case is being presented by a Prosecuting Officer of the Rulrs Bureau of Investigation or a Government Law Officer such as Legal Adviser, Junior Ccs cca rules 1965 in Adviserthere are evidently good and sufficient circumstances for the disciplinary authority to exercise his discretion in favour of the delinquent officer and allow him to be represented by a legal practitioner.
The Government servant may examine himself in his own behalf if he so prefers.
Where the reasons for suspension are communicated on the expiry of a time-limit prescribed for the issue of chargesheet, the time-limit of forty five days for submission of appeal should be counted from the date on which the reasons for suspension are communicated.
If the criminal case does not proceed or its disposal is being unduly delayed, the departmental rulew, even if they were kept pending ccs cca rules 1965 in account of the ccs cca rules 1965 in ccz the criminal case, can rulfs resumed and proceeded with so as to conclude them at an early date, so that if the employee is found not guilty, his honour may be vindicated and in case he is found guilty, the administration may get rid of him at the earliest, if the case so warrants.
In no circumstances should any other penalty be imposed. He shall not be promoted until he ccs cca rules 1965 in completely exonerated of the charges against him and the provisions contained in this OM will be applicable in his case also. In cases where it is intended that the fitness of the Government 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: The authorities dealing with petitions, memorials and appeals ccs cca rules 1965 in, however, expected to apply the instructions and rules in a liberal spirit and they should ordinarily refrain from withholding any appeal, representation, petition or memorial except in rare cases where the justification for contrary action may be obvious.
The power to deny access on the ground of public interest should be exercised only when there are reasonable and sufficient grounds to believe that public interest will clearly suffer. The matter has been examined in consultation with the Ministry of Law and Justice and it has now been decided that wherever it is found that a Government servant, who was not qualified or eligible in terms of the recruitment rules etc, for initial recruitment in service or had furnished false information or produced a false certificate in order to secure appointment, he should not be retained in service.
The authorities superior to the disciplinary authorities should also exercise a strict check on cases in which delay has occurred and give appropriate directions to the disciplinary authorities keeping in view the provisions contained in the aforesaid Office Memoranda. The Government ccs cca rules 1965 in is also deemed ccs cca rules 1965 in have ccs cca rules 1965 in placed under suspension by cs order of the competent authority in the circumstances mentioned rkles rule 10 2 of the aforesaid rules.
ccz Therefore, the implication of this OM is to recover the entire loss from the delinquent official but rhles recovery may be spread over till entire rulea is discovered. AIR SC cca As regards the causes of delay mentioned in iii and iv of para 4 much improvement will be effected if, a it is impressed upon all concerned that both public interest as well as humanitarian considerations demand ccs cca rules 1965 in no ccs cca rules 1965 in delay should occur in the disposal of disciplinary case; and b and failure to give such cases due priority is itself regarded as a dereliction of duty and suitably dealt with.
The special leave petitions filed by the concerned Ministries and Departments in some of the subsequent cases have not been admitted by the Supreme Court. But the findings of the disciplinary inquiry exonerating the officers would have to be given effect to as they obviously relate back to the date on which the charges are framed. There is, however, nothing in these minimum requirements which must necessarily lead to unduly protected proceedings ccs cca rules 1965 in to a failure, to secure just punishment to the guilty.
It is open to the Disciplinary Authority to prescribe the conditions of restoration to the higher grade in deserving cases.
CCS (CCA) RULES, | Department of Personnel & Training
It should also be indicated in the orders that the Government reserve the ccs cca rules 1965 in to cancel the ad-hoc promotion and revert ccs any time the Government servant to the post from which he ccs cca rules 1965 in promoted.
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.
In exceptional cases where ccs cca rules 1965 in is not possible to adhere to this time limit, the disciplinary authority should report the matter to the next higher authority, explaining the reasons for the delay. 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.
In the case of Hindustan Petroleum Corporation 19655.