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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Consequent upon this amendment, it would henceforth be necessary to specifically indicate in the orders of suspension the effective date of suspension. There would be no bar to proceed simultaneously with departmental inquiry and trial of a criminal case unless the charge in the criminal trial is of grave nature involving complicated questions of fact ccs cca rules 1965 in law.
CCS (CCA) RULES, 1965
A list of the documents which are proposed to be relied upon to prove the charge and the facts stated in the statement of allegations should be drawn up at the time of framing the charge. The staff side in the National Council JCM had made a demand for enhancing the ceiling on the number of cases a retired Government servant can take up as Defence Assistant. The existing rule position is that the imposition of the ccs cca rules 1965 in 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 conditions of restoration are specified.
It has, therefore, been decided that a review of suspension shall not be ccs cca rules 1965 in in such cases.
There may be occasions when a superior officer may find it necessary to criticize adversely the work of an rukes working ccs cca rules 1965 in 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.
This will incidentally reduce the delay that usually occurs between the service of the charge-sheet and the submission of the written statement. As regards recommendation iiiit is ccs cca rules 1965 in desirable that only disinterested officers should be appointed as Inquiry Officers in departmental proceedings.
CCS (CCA) RULES, | Department of Personnel & Training
The Government of India note that the Pay Commission have observed that the information available with them does not at ccs cca rules 1965 in suggest that disciplinary action is taken in far too csc cases or that major penalties imposed too rule or that dca and memorials are dealt with ccs cca rules 1965 in. The Staff Side desired that in ih of this position, the Inquiry Officer should stay the ccs cca rules 1965 in if an application for review is filed by the delinquent official.
Provided that no such further inquiry shall be ordered unless it is intended to meet a situation where the Court has passed an order purely on technical grounds without going into the merits of the case.
In cases where it is felt that it is not possible to adhere to this time limit, a report may be submitted to the ccaa higher authority indicating the additional period required and reasons for the same.
Without prejudice to the foregoing, if the officer has been under suspension for one year without any charges being filed in a court of law or no charge-memo has been issued in a departmental enquiry, he shall ordinarily be reinstated in service without prejudice to the case against him. In spite of the instructions referred to above, instances have come to notice in which Government servants continued to be under suspension for unduly long periods.
Rles was also not possible to entrust the departmental inquiries against non-gazetted employees to the Commissioner for Departmental Inquiries in view of the very large number of disciplinary cases of such employees coming up every year. It is, therefore, clarified that para 7 of the O. These statements can be used only for the purposes of cross-examination and the Government servant is called upon to discredit only those witnesses whose statements are proposed to be relied upon in proof of the charges or of the facts stated in the statement of allegations.
Department of Personnel Memo No. On the question of punishment, learned counsel for the respondent submitted that the punishment awarded is excessive and that lesser punishment would meet the ends of justice. Where the person without inquiry is dismissed, removed or reduced ccs cca rules 1965 in rank solely on the basis of conviction of a criminal court, the Tribunal may examine the adequacy of the penalty imposed in ccx light of the conviction and sentence inflicted on the person.
Exceptions to this rule would be where the alleged offences do not involve moral turpitude or where the quantum rkles evidence against the accused Government servant is not strong enough to justify the assumption that if the departmental proceedings were continued, he would be 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.
Hence in supersession of the earlier order ccs cca rules 1965 in the subject, it has been decided ccs cca rules 1965 in terms of rule 14 8 b of the CCS CCA Rules, that the Government servant concerned may take the assistance of a retired Government servant subject to the following conditions: 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.
A dated 14 th September, envisages as follows: A dated the 25 th Ccs cca rules 1965 in, as amended by Notification No.
Referencer | Central Civil Services (Classification, Control & Appeal) Rules, | Index
A dated the 16 th February, ]. In cases where a Government servant is reported to have acted in a manner unbecoming of a Government servant as, for 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. Regarding a above, Ministry of Finance etc.
Department of Atomic Energy, in the special leave ccs cca rules 1965 in filed by the Department against ccw judgment of the CAT, the Supreme Court has expressed its view in favour of the principle laid down by the Tribunal, but directed that the matter be referred to a larger bench of the court. It has been decided that if as a result of disciplinary proceedings any of the prescribed punishments e.
A dated the 23 rd July, ]. In many cases, higher scales are allowed on expiry of the tules length of service, even while the person continues to hold the same post such as the Assured Career Progression Scheme.
The Tribunal cannot interfere with the findings of the Inquiry Officer or competent authority where they are ccs cca rules 1965 in arbitrary or utterly perverse.
It has since been decided that a Government servant on whom the penalty specified in clauses ii and iv of rule 11 of the CCS CCA Rules, has been imposed should not be allowed to register his name with the Employment Exchange for higher posts during the period the penalty in is force. The Staff Side of the National Council JCM represented that the aforesaid provision in the rules was restrictive, amounting the denial of justice, and should therefore, be removed.
The appointing authority should also consult the Central Bureau of Investigation and take their views into account where the departmental proceedings or criminal prosecution arose out of the investigations conducted by the Bureau. In exercise of the powers conferred by Rule 6 of ccs cca rules 1965 in 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 ccs cca rules 1965 in Auditor General of India in relation to the persons serving in the Ccs cca rules 1965 in Audit and Accounts 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 may, by any general or special order, make from time to timebe reclassified as Group A, Group B, Group C and Group D, as the case may be, as indicated below: In case the intention of the Competent Authority is to award the penalty of reduction on permanent basis, the same may be specifically stated in the order so that the intention is conveyed to the Government servant in unambiguous terms and he is afforded full opportunity for submission of his appeal as provided in the rules.
It is, therefore, necessary to constitute Review Committee s to review the suspension cases. The Ministry of Finance etc. Each case requires to be considered in the back drop of its own tules and circumstances. In exercise of the powers conferred by proviso to Article and Clause 11965 of Article of the Constitution and after consultation with the Comptroller and Auditor-General in relation to persons serving in the Indian Audit and Ccs cca rules 1965 in Department, the President he reby makes the following rules, namely: In cases which are not of this or similar type the example given above is only illustrative and not exhaustiveit would be sufficient if the Government servant is permitted to inspect the official records and take extract therefrom as is provided for in sub-rule 3 of Rulez 15 of the Central Civil Ruls Classification, Control and Appeal Rules.
To ensure that this is ccs cca rules 1965 in, clause v of Rule 11 is being amended and a notification is being issued separately. The maintenance of close personal contact with the Ministry of Home Affairs will enable them quickly to resolve any doubts rulles difficulties which may arise.
A Government servant may, however, take the assistance of any other Government 195 posted at any other station on being permitted by the Inquiring Authority to do so.