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.
|Published (Last):||11 February 2007|
|PDF File Size:||14.32 Mb|
|ePub File Size:||4.3 Mb|
|Price:||Free* [*Free Regsitration Required]|
In these instructions the power to ca petitions etc. Provided the inquiry officer gives the necessary time and effort, confines his attention to the main points at the issue and firmly resists any attempt by the accused officer to introduce irrelevancies or to adopt deliberate dilatory tactics-there is no reason why satisfactory cccs in disposal should not be achieved in all cases without departing from the prescribed procedure.
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 If the penalty imposed is apparently unreasonable or uncalled for, having regard to the nature of the criminal charge, the Tribunal may step in to render substantial justice.
The authorities dealing with petitions, memorials and appeals are, however, expected rrules 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 dca be obvious. So far as payment of subsistence allowance is concerned, Ministry of Finance etc. There may be occasions cccs 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.
CCS (CCA) RULES, | Department of Personnel & Training
Ddated 12 th June, In exceptional cases where it 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. The provisions of Rule 14 ibid are merely designed to ensure compliance, with a salutary principle of justice and public policy which has also been incorporated in Article of the Constitution of India viz.
The Tribunal cannot interfere with the findings of the Inquiry Officer or competent authority where they are not arbitrary or utterly perverse.
This point may also be kept in view by all authorities concerned, before invoking the provisions of rule 14 20 of the CCS CCA Rules, As the Ministry of Finance etc. A dated the 23 rd July, ]. A dated the 22 nd June, ]. Authority to institute proceedings.
If you wish to download it, please recommend it to rulse friends in any social system. If after having taken such care the reporting officer finds that for the purpose of truly objective assessment mention should be made of any warning, admonition etc. In such a situation the appointing authority may review the case of the Government servant, provided he is not under suspension, to consider the desirability of giving him ad-hoc promotion keeping in view the following aspects: GSR dated 6.
It is also provided therein that while there is no bar to the immediate superior officer holding an inquiry, as a rule, persons who undertake this task should not be suspected of any 165 in such cases and that the authorities concerned should bear this in mind before an Inquiry Officer is appointed in a disciplinary case. Ccs dated 20th October, ] Disciplinary jurisdiction of Election Commission of India over Government servants deputed for election duties.
It shall be the duty of the Government servant who may be arrested for any reason to intimate the fact of his arrest and the circumstances connected therewith to his official superior promptly even though he might have subsequently been released on bail.
It is further being provided that extension of suspension shall not be for a period exceeding days at a time.
Referencer | Central Civil Services (Classification, Control & Appeal) Rules, | Index
Ddated the ccca February, ]. Appointments to other Services rhles Posts. These are sufficient safeguards against unjustified withholding of appeals. His case for promotion may be considered by the next DPC in the normal course and having regard to the penalty imposed on him. It amounts to a fraud on public to appoint a person with inferior qualifications in such cce unless it is clearly stated that the qualifications are relaxable.
During the discussion, it was clarified to the Staff Side that the mere fact that a Government servant who was deemed to have been under suspension, due to detention or on account of criminal proceedings against him, has been discharged from detention without prosecution or has been acquitted by a Court would not make him eligible for full pay and allowances because often the acquittal may be on technical grounds but the suspension might be fully justified.
B dated the 29thDecember, ] Procedure regarding closing of disciplinary cases in the event of death of the charged official [Deptt. Provided that the Government servant may take the assistance of any other Government servant posted at any other station, ccs the inquiring authority having regard to the circumstances of the case, and for reasons to be recorded in writing, so permits.
CCS (CCA) RULES, 1965
A dated 11 th November, ]. In such cases, departmental action should not precede prosecution.
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. Reference is invited to Rule 10 2 of the CCS CCA Rules, which provides that a Government servant shall be deemed to have been placed under suspension by an order of the appointing authority with effect from the date of his detention, if he is detained in custody, whether on a criminal charge or otherwise, for a period exceeding 48 hours.
It has, therefore, been decided not to make any change in the existing procedure. The Tribunal may remit the matter to the competent authority for reconsideration or by itself substitute one of the penalties provided under Clause a.
A dated 28th October, ] Personal hearing at the discretion of appellate authority in major penalty cases [G. A dated the 8 th December, ]. Since a temporary Government servant can sever his connection from a Government service by giving a notice of termination of service under Rule 5 1 of the Central Civil Services TS Rules,the instructions contained in this Office Memorandum relating to acceptance of resignation will not be applicable in cases where a notice of termination of service has been given by a temporary Government servant.
If he is a probationer or a fules Government servant, he should be discharged or his services should be terminated. cxs
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.