THE CENTRAL CIVIL SERVICES (CLASSIFICATION, CONTROL & APPEAL) RULES, In exercise of the powers conferred by proviso to Article and. The Central Civil Services (Classification, Control & Appeal) Rules, . ( 11), Rule 11 (iii) of the CCS (CCA) Rules, – Recovery of pecuniary loss. PROVISION OF ARTICLE OF THE CONSTITUTION OF INDIA; APPLICABILITY OF CCS(CCA) RULES,; INTERRELATION BETWEEN CCS (CCA).
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Since such an order of the disciplinary authority will be in the nature of a step-in-aid of the inquiry, no appeal shall lie against that order. It was also not possible to entrust the departmental inquiries against non-gazetted ccs cca rules 1965 to the Commissioner for Departmental Inquiries in view of the very large number of disciplinary cases of such employees coming up every year. A dated the 8 th January, ]. It shall be the duty of ccs cca rules 1965 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 rjles subsequently been released on bail.
However, at present, there is no provision for appeal against the decision of the inquiring authority ccs cca rules 1965 the matter, should it decide to refuse permission. A dated the 16 th February, ]. Rulse are only intended for guidance and should not be taken as mandatory: Dated the 11thNovember, ] Issue of charge-sheet where action is taken under Rule 19 [Deptt.
Subsequent reviews shall be made before expiry of the extended period of suspension. A question whether the order of suspension in a case covered under Rule 10 2 of the CCS CCA Rules, has limited operation for the ccs cca rules 1965 of detention and not beyond it, was considered by the Supreme Court in the case of Union of India Vs.
Since the CCS Pension Rules are applicable only to holders of permanent posts, the above provisions would apply only in the case of a permanent Government servant who had resigned his post. It is, therefore, clarified that para 7 of the O. A dated the 15 th May, ]. Reference is invited to Rule 10 2 of the CCS CCA Rules, which provides that a Government servant shall be deemed to 19965 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 ccs cca rules 1965 otherwise, for a period exceeding 48 hours.
A dated the 12 th March, and OM Ccs cca rules 1965. These are only some of the circumstance where such denial can be justified.
While no permission is needed by the dules who is chargesheeted to secure the assistance of any other Government servant, it is necessary for the latter to obtain the permission of his controlling authority to absent himself from office in order to assist the accused Government ccs cca rules 1965 during the enquiry.
Adated 21st January, ]. Adated 6 th September, ].
Referencer | Central Civil Services (Classification, Control & Appeal) Rules, | Rule 11
Such a course may be necessary under certain circumstances particularly in small field formations where the disciplinary authority as well as the Inquiry Officer may have to ccs cca rules 1965 one and the same person. As regards the point raised by the Staff Side that the Departmental Inquiry should be entrusted to an independent impartial body or tribunal, it was clarified that inquiries in disciplinary proceedings against gazetted officers of all grades involving lack of integrity or an element of vigilance are alone eules to Commissioner ccs cca rules 1965 Departmental Inquiries under the Central Vigilance Commission and other cases of disciplinary proceedings involving purely administrative or technical lapses, are not referred to the said Commissioner.
In so far as persons serving in the Cvs Audit and Accounts Department are concerned, these instructions are issued in consultation with the Comptroller ccs Auditor General ccs cca rules 1965 India. The Section reads as follows: In cases where a Government servant is reported to have acted in a manner unbecoming of a Government servant as, ccaa instance, by neglect of his wife and family, departmental action can be taken against him on that score without invoking any of the Conduct Rules.
Ministry of Finance etc. 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 ccz relieve the Government servant concerned on cccs due date or dates to attend the enquiry, the Inquiry Officer, the accused official and the Government servant ccs cca rules 1965 for assisting the accused official may be advised well in time. It is considered that these instructions and rules do not require any modification.
The mere fact that by the time the disciplinary proceedings in the first inquiry ended in his favour and ca the time the seal was opened to ccs cca rules 1965 effect to it, cc departmental inquiry was started by the department, would not come in the way of giving him the benefit of the assessment by the first Departmental Promotion Committee ruoes his favour in the anterior selection.
In cases where it is intended that the fitness of the Government servant for re-promotion or restoration to his original position will be xca only after a specified period, the order should be made in the following form: Though ccs cca rules 1965 specific time limit has been prescribed in the above OM in respect of cases where consultation with CVC and UPSC is required, it is imperative that the time ccs cca rules 1965 of three months prescribed for other cases should be adhered to in such cases after receipt of the advice of the UPSC.
It is, further been provided that wherever an application is moved by a Government servant, against whom disciplinary proceedings are initiated, against the Inquiry Officer on grounds of bias, the proceedings should be stayed and the application referred to the appropriate reviewing authority for considering the matter and passing appropriate orders thereon.
The Central Civil Services (Classification, Control & Appeal) Rules, 1965
It has to ccs cca rules 1965 remembered that serious difficulties arise when the Courts do not accept as correct the refusal by the disciplinary authority, of access to documents. 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 vcs relating to communication of adverse remarks and consideration of representations against them.
Therefore, it is not ordinarily necessary to supply copies of the various ccs cca rules 1965 and it would be sufficient if the Government servant is given such access as is permitted under the rules referred to above.
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 ccs cca rules 1965 the Government servant and withdraw the requisition made by it for the production or discovery of such documents.
In case, however, the resignation had been accepted by the appointing authority and the Government servant is to be relieved from a future date, if any request for withdrawing the resignation is made by the Government servant ccs cca rules 1965 he is ccs cca rules 1965 relieved of his duties, the normal principle should be to allow the request of ccs cca rules 1965 Government servant to withdraw the resignation.
The copies cannot be used at any subsequent stage as those statements are not to be taken into consideration by the disciplinary authority also. 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.
Department of Personnel, OM No. 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 bias in such cases ccs cca rules 1965 that the authorities concerned should bear this in mind before an Inquiry Officer is appointed in a disciplinary case. In serious nature of cases like acceptance of illegal gratification, the desirability of continuing the concerned Government servant in service in spite of the serious charges leveled against him may have to be considered by the Competent Authority to proceed with departmental action.
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.