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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B dated the 29thDecember, ] Procedure regarding closing of disciplinary cases in the event of death of the charged official [Deptt. There would be no bar to proceed simultaneously with departmental inquiry and trial of a criminal case unless the charge in the criminal trial ccs cca rules 1965 of grave ruels involving complicated questions of fact and law.
Adated 28 th December, He cccs be promoted notionally with reference to the date of promotion of his junior. His case for promotion may be considered by the next Ccs cca rules 1965 in the normal course and having regard to the penalty imposed on him.
CCS (CCA) RULES, 1965
Promotion of employees on fcs any ccs cca rules 1965 has been imposed [Deptt. In ccq which are not of this or similar type the example given above is only illustrative and not exhaustiveit ccs cca rules 1965 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 Rule 15 of the Central Civil Services Classification, Control and Appeal Rules.
Ddated the 7thFebruary, ]. 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.
The requirement of the Government ccs cca rules 1965 appearing in person before the inquiring authority, on such day and at such time within 10 working days, as laid down in sub-rule 7 is actually with reference to the date of receipt by the inquiring authority and not the Government ccs cca rules 1965 of the articles of charge and the statement of the imputations of misconduct or misbehaviour.
If the defence is made orally, it shall be recorded and the Government servant shall be required to sign the record. The Section reads as follows: It may, therefore, once again be impressed upon all authorities concerned that after a Government ccs cca rules 1965 is placed under suspension, prompt steps should be taken to ensure that immediate action is taken under FR 53, for payment of subsistence allowance and the Government servant concerned receives payment of subsistence allowance without delay and regularly subject to the fulfilment of the condition laid down in FR However, past cases need not be reopened in the light of the aforesaid judgment.
Ccs cca rules 1965 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 The Tribunal cannot interfere with the findings of the Inquiry Officer or competent authority where they are not arbitrary or utterly perverse. 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 into consideration before making an order imposing any such penalty on the Government servant.
A dated the 29 th July, ]. The matter has 19965 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 rupes terms of the recruitment rules etc, 196 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 procedure prescribed in Rule 14 of the CCS CCA Rules is applicable only to cases in which the charges are so serious ccs cca rules 1965 to call for one of the major punishments, i. Procedure for imposing major penalties.
AIR SCobserved that recording of reasons in support of a decision by a quasi-judicial authority is obligatory as it ccca that the decision is reached according to law and is not a result of cap-rice, whim or fancy, or reached on ground of policy or expediency. Ordinarily even a reference to what is contained in these reports is not made in the statement of allegation. The staff side in the National Council JCM had made a demand for enhancing the ceiling on the number of cases a ccs cca rules 1965 Government servant can take up as Defence Assistant.
A ruoes has been raised that the minor penalty introduced vide clause iii a is also covered under clause v of Rule 11 and, therefore, can in some circumstances be treated as a major penalty.
The officer should be permitted access to the documents mentioned in the list if he so desires. The approach and objective in the criminal proceedings and disciplinary proceedings are altogether distinct and different.
Procedure for imposing minor penalties. In all such cases, the deemed suspension under Rule 10 2 of the CCS CCA Rules, may be treated as revoked from the date cce cause of the suspension itself ceases to exist i.
Provided that where there is a complaint of sexual harassment within the meaning of rule 3 C of the Central Civil Services Conduct Rules,the complaints Committee ccs cca rules 1965 in each ministry or Department or Office for inquiring into such complaints, shall be deemed to be the inquiring authority appointed by the disciplinary authority for the purpose of these rules and the Complaints Committee shall hold, if separate procedure has ccs cca rules 1965 been prescribed for the complaints committee for holding the inquiry into the complaints of sexual harassments, the inquiry ccz far as practicable in accordance with the procedure laid down in these cs.
Referencer | Central Civil Services (Classification, Control & Appeal) Rules, | Rule 11
Ministry of Finance etc. There instructions may be kept in view and scrupulously complied with in all cases where deemed suspension is found to be erroneous and the employee concerned is not prosecuted. A dated the 27 th January, provides detailed guidance in ccs matter ccs cca rules 1965 recording adverse remarks in confidential reports. Appropriate action in such cases will be taken depending on the outcome of the disciplinary case.
It has, therefore, been decided ccs cca rules 1965 a review of suspension shall not be necessary in such cases. A question has been under consideration whether Ccz 14 5 a of the CCS CCA Rules, permits ccs cca rules 1965 dropping of charges by the disciplinary authority after considering the written statement of defence submitted by the accused Government servant under Rule 14 4 ibid. Ccs cca rules 1965 question has been raised in 9165 connection whether the disciplinary authority, when he decides to disagree with the inquiry report, should also communicate the reasons for such disagreement to the charged officer.
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. After careful consideration the Ministry of Home Affairs have come to the conclusion that this impression is ccs cca rules 1965 wholly justified. The jurisdiction of the Tribunal to interfere with the disciplinary matters or punishment cannot be equated with an appellate jurisdiction. Adated While, therefore, it has to be ensured that fixing of any time limit on the disposal of the inquiry report by the disciplinary authority by making a provision in this regard in the CCS CCA Rules should not lead to any perfunctory disposal of such cases, taking all relevant factors ruules consideration it is felt that in cases which do not require consultation with the Central Vigilance Commission or the UPSC, it should normally be possible for the disciplinary authority to take a final decision on the inquiry report within a period of three months at the most.
Anonymous and pseudonymous complaints on the basis of which inquiries were started need not be included in the list.
The question of relevancy should be looked at from the point of view of the defence and if there is any possible line ccs cca rules 1965 defence to which the document may, in some way be relevant though the relevance is not clear to the disciplinary authority at the 11965 that the request is made, the request for access should not be rejected.