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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CCS (CCA) RULES, 1965
An appeal can be withheld only under prescribed circumstances; the appellant is required to be informed of the fact and the reasons for withholding the appeal are required to be communicated to the appellate authority and quarterly return giving the list of withheld appeals has to ccs cca rules 1965 in submitted to the appellate authority. It ccs cca rules 1965 in, therefore, clarified that para 7 of the O. It has been decided in the meeting of National Council held on the 6 th and 7 th November,that in cases where increments are withheld for a period of more than three years or where increments ccs cca rules 1965 in 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.
B dated the 29thDecember, ] Procedure regarding closing of disciplinary cases in the event of death of the charged official [Deptt. 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.
Anything less than this would amount to denial of the reasonable opportunity which is guaranteed by Article It is considered that the acceptance of recommendation at i above would considerably increase the work of the Union Public Service Commission.
Referencer | Central Civil Services (Classification, Control & Appeal) Rules, | Index
However, where a copy of the warning is also kept on the Confidential Report dossier, it will be taken to constitute an adverse entry and the officer so warned will have the right to represent against the same in accordance with the existing instructions relating to communication of adverse remarks and consideration of representations against them.
It has, therefore, been decided that a review of suspension shall not be necessary in such cases. The judgment cited above related to two cases in one of which a Government servant 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, which was lower in rank than the post of Postal Assistant to which he had been recruited initially.
The following items sponsored by the Ccs cca rules 1965 in Side of the National Council of the Joint Consultative Machinery were ccs cca rules 1965 in in the 9 th Ordinary meeting of the National Council held on 25 th and 26 th September, In the light of the aforesaid judgments, the matter has been examined in consultation with the Department of Legal Affairs and it has been decided that in al cases, where an inquiry has been held in accordance with the provisions of Rule 14 of the CCS CCA Rules, the disciplinary authority, if it is different from the inquiry authority shall before making a final order in the ccs cca rules 1965 in, forward a copy of the inquiry report to the Government servant concerned with the following endorsement: A point has been raised by the Staff Side in the National Council JCM that the provisions of the above cited sub-rule are followed more in breach than in ccs cca rules 1965 in since inquiry officers are not generally appointed within a short period of serving of articles of charge on the Government servant, hence it is not possible for the Government servant appear before the Inquiry Officer within 10 days of receipt of the articles of charge.
The existing rule position is that the imposition of the penalty of reduction to a lower grade, post or service is normally a bar to the promotion to a higher grade, post or service from which he was reduced unless the ccs cca rules 1965 in of restoration are specified. This cannot, however, be equated to formal proceedings required to be taken under Rule A now rule 16 of Rules, nor the warning given amounts to the imposition of a formal penalty.
In other case, the accused officer tempered with the documents when the Inquiry Officer temporarily left the inquiry room during the course of the inquiry. Provided ccs cca rules 1965 in 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.
However, there may be some cases in which it may not be possible for some reason or the other to issue a chargesheet within three months from the date of suspension. In such cases, departmental action should not precede prosecution.
rule 14 of ccs(cca) rules
Subsequent reviews shall be made before expiry of the extended period of suspension. In cases where it is intended that the fitness of the Government servant ccs cca rules 1965 in 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: If, rrules a result of the inquiry, it is decided that the officer should 1695 dismissed, removed or reduced in rank, he has to be given a further opportunity to show cause, if any, against the actual punishment propose.
The maintenance of close personal contact with the Ministry of Home Affairs will enable them quickly to resolve any doubts or difficulties which may arise. Department of PersonnelOM No.
Provided that, in every case in which the charge of possession of assets disproportionate to known-source of income or the charge of acceptance from any person of any gratification, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act is established, the penalty mentioned in clause viii or clause ix shall be imposed: State of Madhya Pradesh AIR SCthe Supreme Court had ccs cca rules 1965 in that where a Government servant under suspension pleaded his inability to attend the inquiry on account ccs cca rules 1965 in 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.
Adated 28th December, In exercise of the powers conferred by Rule 6 of the Central Civil Services Classification, Control and Appeal Rules,as amended by the Central Civil Services Classification, Control and Appeal Amendment Rules, and after consultation with the Comptroller and Auditor General of India in relation to the persons serving in the Indian Audit and Ccs cca rules 1965 in Department, the President hereby direct that with effect from the date of issue of this order, all civil posts under the Union, shall, subject to such exceptions as Government ccs cca rules 1965 in, by any general or special order, make from time to timebe reclassified as Group A, Group B, Group C and Group Ccs cca rules 1965 in, as the case may be, as indicated below: The inquiring authority may also put such questions to the witnesses as it thinks fit.
There may be occasions when a superior officer may find it necessary to criticize adversely the work of an officer working under him or he may call for an explanation for some act of omission or commission and taking all circumstances into consideration, it may be felt that while the matter is not serious enough to justify the imposition of the formal punishment of censure, it calls for some formal action such as the communication of written warning, admonition or reprimand.
It is clarified that since the penalty to the extent mentioned in clause iiia of Rule 11 has been carved out of clause v of Rule 11 specifically, it does not constitute a major penalty under clause v of Rule It was further suggested that the rules should be amended suitably so that departmental inquiries are invariably conducted by a person belonging to another Department.
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.
Any exercise of discretion to the contrary in such cases is likely to be held by the court as arbitrary and prejudicial to the defence of the delinquent Government servant.
D dated the 30 th June, Such unduly long suspension while putting the employee concerned to undue hardship, involves payment of subsistence allowance without the employee performing any useful service to the Government.
According to them departmental inquiries should invariably be entrusted to an independent and impartial body or tribunal and that considerations of the expenditure involved in providing such an independent forum should not be the prime factor in the dispensation of justice. In the case of Hindustan Petroleum Corporation Fcs. The Staff Ccs cca rules 1965 in has suggested that the penalty in question should be for a specified time-period with clear ccs cca rules 1965 in regarding restoration to the higher grade.
A dated the 27 th January, provides detailed guidance ln the matter of recording adverse remarks in confidential reports.