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.
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Anything less than this would amount to denial of the reasonable opportunity which is guaranteed by Article Whenever, however, there is unresolved difference of opinion between the Central Bureau of Investigation and the administrative authority concerned as to whether prosecution in court or departmental action should be resorted to in the first instance the matter should be referred to the Central Vigilance Commission for advice.
A dated the 15 th May, ]. The Government servant shall indicate the relevance of the documents required by him to cce discovered or produced by the Government. This point may ccz be kept in view by all authorities concerned, before invoking the provisions of rule 14 20 of the CCS CCA Rules, Hence in supersession of the earlier order on the subject, it has been decided in terms of rulse 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: Rulse the time of consideration of the cases of Government servants for promotion, details of Government servants in the consideration zone for promotion falling under the following categories should be specifically brought to the notice of the Departmental Promotion Committee: A vcs the 15thMay, ] Personal hearing at the discretion of appellate authority in major penalty cases [G.
However, past cases need not be reopened in the light of the aforesaid judgment.
CCS (CCA) RULES, | Department of Personnel & Training
This would imply that a Government servant who is placed under suspension should generally know the reasons leading to his suspension so that he may be able to make an appeal against it. 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 before he is actually relieved of his duties, the normal principle should be to allow the ccs of the Government servant to withdraw the resignation.
It is further being provided that extension of suspension shall not be for a period exceeding days cce a time. The constitutional requirements laid down in Article 2 of the Constitution of India, and the provisions ccd Rule 15 and 17 of the CCS CCA Rules, and rulings of the various benches of the Central Administrative Ccw and of various courts on the matter have been kept in view.
Registration Forgot your password? Some allowances are also granted with reference to the classification of the posts.
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 may be open to the appellate authority to interfere with it but not to the High Court or to the Administrative Tribunal for the reason that the jurisdiction of the Tribunal is similar to the powers of the High Court under Article However, there may be cases where the proceedings, whether disciplinary or criminal, are, for example delayed at the instance of the employee or the clearance in the disciplinary proceedings or acquittal in the criminal proceedings is with benefit of doubt or on account of non-availability of evidence due to the acts attributable to the employee etc.
Referencer | Central Civil Services (Classification, Control & Appeal) Rules, | Index
Department of Atomic Energy, in the special leave cca filed by the Department against the judgment of the CAT, the Supreme Court has expressed its rupes in favour of the principle laid down by the Tribunal, but directed that the matter be referred to a larger bench of the court.
In cases where a Government servant is reported to have acted in a manner unbecoming fcs a Government servant as, for instance, by neglect cds his wife and family, departmental action can be taken against him on that score without invoking any of the Conduct Rules. As regards the factors mentioned in i and ii above Ministry of Home Affairs have considered the feasibility of setting up separate Administrative Tribunals for inquiring into the more important departmental proceedings.
It is not necessary to give access to the Government servant to these reports. The Supreme Court, while setting aside the penalty imposed in both cases have held that a person appointed directly to a higher post, service, grade or time-scale of pay cannot be reduced by way of punishment to a post in a lower time scale, grade, service or to post which he never held before.
The sealed cover procedure permits the question of promotion to be kept in abeyance till the result of any pending disciplinary inquiry. 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 It should, however, be noted that in such cases the party affected has legal dules to claim maintenance. Keeping this in view, all concerned authorities should take prompt steps to ensure that after a Government servant is placed under suspension, he received subsistence ryles without delay.
A dated 10 th May, In cases which are not of this or similar type the example given above is only illustrative and not exhaustive riles, it 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 Rule 15 of the Central Civil Services Classification, Control and Appeal Rules.
In deemed suspensions under sub-rule 2the date of order of suspension may be much later than the deemed date of suspension. Where the person without inquiry is dismissed, removed or reduced in rank solely on the basis of conviction of a criminal court, the Tribunal may examine the adequacy of the penalty imposed in the light of the conviction and sentence inflicted on the person.
Allowing the appeals of the Union of India in this case the Supreme Court has held that the order in terms of Rule 10 2 is not restricted in its point of duration or efficacy to the actual period of detention only. Xca dated 9thNovember, ] Inquiry by the disciplinary authority [Deptt. In the light of the aforesaid judgments, the matter has been examined ccss 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 case, forward a copy of the inquiry report to the Government servant concerned with the following endorsement: It has accordingly been decided that unless it is unavoidable in certain cases as mentioned above, the disciplinary authority should refrain from being the Inquiry Officer and appoint another officer for the purpose.
CCS(CCA) Rules, 1965 Brief introduction.
Ministry of Agriculture, etc. 19655 the penalty can lawfully be imposed and is imposed on the proved misconduct, the Tribunal has no power to substitute its own discretion for that of the authority.
Adated 28 th December, A dated 14 th September, envisages as follows: The adverse remarks should also be conveyed to the officer and his vca, if any, against the same disposed of in accordance with the procedure laid down in the instructions issued in this regard. A dated the 6 th January, ]. Karunakar JT 6 SC.
The right of access to official records is not unlimited and it is open to the Government to deny such access if in its opinion such records are not relevant to the case, or it is not desirable in the public interest to allow such access. The authority competent to fill 1956 vacancy should be separately advised to fill the vacancy in the higher grade only in an officiating capacity when the findings of the DPC in respect of the suitability of a Government servant for his promotion are kept in a sealed cvs.
Provided that the President may, by a general or a special order and subject to such conditions as he may specify in such order, delegate to any rulez authority the power to make such appointments. However, where a copy of the warning is also kept in the Confidential Report dossier, it will be taken to constitutes an adverse entry and the officer so warned will have the right to represent against the same in accordance with the existing instruction relating to communication of adverse remarks and consideration cca representations against them.
AIR SC If you wish to download it, please recommend it to your friends in any social system. Interpretation In these rules, unless the context otherwise requires.
The Section reads as follows: 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.
Such permission should not normally be given, especially if the officer proposes to make the photostat copies through a private photographer as thereby third parties would be allowed to have access to official records which is not desirable.