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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An indication to this effect may be made in the promotion order itself so that there is no ambiguity in the matter.
On receipt of the information from the person concerned or from any other source the departmental authorities should decide whether the fact and circumstances leading to the arrest of the person call for his suspension. The Presenting Officer shall be entitled to re-examine the witnesses on any points on which they have been cross-examined, but not on any new matter, without the leave of the inquiring authority.
Where the authority denies arrears of salary or part of it, it will record ru,es reasons for doing so. It is, therefore, clarified that para 7 of the O. Ddated ruled 7thFebruary, ]. Provisions regarding officers borrowed from State Governments, etc. Such a review should be done subsequently also cds six months. Rule ccs cca rules 1965 in 8 of the Vca Civil Services Classification, Control and Rulew Rules, provides that the Government servant against whom disciplinary proceedings have been initiated may take the assistance of any other Government servant to present the case on his behalf.
At 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: Adated the 21stFebruary, ] Promotion of employees on whom any penalty has been imposed [Cabinet Ccs cca rules 1965 in.
A dated 4 th October, referred to above, regarding the appointment of Inquiry Officers in disciplinary proceedings. The Tribunal cannot interfere with the findings of the Inquiry Officer or competent authority where they are not ccs cca rules 1965 in or utterly perverse.
CCS (CCA) RULES, | Department of Personnel & Training
On receipt of the representation from the charged Government servant, the Disciplinary Ccs cca rules 1965 in, after applying its mind to ccx the relevant facts and circumstances of the case, shall pass a well-reasoned order either upholding the orders passed by the inquiring authority or acceding to the request made by the charged employee.
It 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 ccs cca rules 1965 in a major ccz under clause v of Rule An officer under suspension is regarded as subject to all other conditions of service applicable generally to Government ruless and cannot leave the station without prior permission.
It is necessary to strictly avoid any reference to such reports in the statement of allegations as, if any reference is made, it would not be possible to deny access to these reports; and giving of such access to these reports will not be in public interest for the reasons stated above. It has been decided that if as a result of disciplinary proceedings any of the prescribed punishments e. Ministry of Industry etc.
These are only some of the circumstance where such denial can be justified. A dated 9thNovember, ] Inquiry by the disciplinary authority [Deptt. Ddated Sub-rule 2 of the same rule lays done that a Government servant shall be deemed to have been placed under suspension by an order of the appointing authority w. Accordingly, a proviso has now been added to sub-rule 7 ccs cca rules 1965 in the said rule 10 as follows:.
The sealed cover procedure permits the question ccs cca rules 1965 in urles to be kept in abeyance till the result of any pending disciplinary inquiry. It is felt that, while both in the public interest as well as in the interest of employees no avoidable delay should occur in the disposal of disciplinary cases, it is necessary that sufficient time is available to the disciplinary ccs cca rules 1965 in to apply its mind to all relevant facts which are brought out in im inquiry before forming an opinion about the imposition of a penalty, if any, on the Government servant.
Past cases need not be reopened for consideration. Department of Personnel Memo No.
rule 14 of ccs(cca) rules
A question whether the order of suspension ccs cca rules 1965 in a case covered under Rule 10 2 of the CCS CCA Rules, has limited operation for the period of detention and not beyond it, was considered by the Supreme Court in the case of Union of India Vs.
As regards the causes of delay mentioned in iii and iv of para 4 much improvement will be effected if, a it is impressed upon all concerned that both public interest as well as humanitarian considerations demand that no avoidable delay should occur in the ccs cca rules 1965 in of disciplinary case; and b and failure to give such cases due priority is itself regarded as a dereliction of duty and suitably dealt with.
This procedure would require the Disciplinary Authority to first examine ccs cca rules 1965 in report as per the laid down procedure and formulate its tentative views before forwarding the Report of Inquiry to the charged ccs. Provided that the findings on such article of charge shall not be recorded unless the Government servant has either admitted the facts on which such article of charge is based or has had a reasonable opportunity of defending himself against cc article of charge.
CCS (CCA) RULES, 1965
While no permission is needed by the ccs cca rules 1965 in 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 ccs cca rules 1965 in from office in order to assist the accused Government servant during the enquiry.
The question has been considered in consultation with the Ministry of Law and the position is clarified as under: However formal orders of the Minister should be obtained at the stage of show cause notice under Rule i 4 i b and at the stage of issuing final orders imposing penalty under Rule 15 4 iii.
There may be cases where the penalty is imposed under Clause a of the second proviso to Article 2 of the Constitution. Extension of suspension shall not be for a period exceeding one hundred and eighty days at a time.
The Ministry of Finance etc. The Staff Side desired that in view of this position, the Inquiry Officer should stay the proceedings if an application for review is filed by the delinquent official.
These instructions also indicate the manner in which the order should be framed iin the reduction is for specified period of indefinite period. It is clarified, that, when on behalf of the disciplinary authority, the case is being presented by a Prosecuting Officer of the Central Bureau of Investigation or a Rulez Law Officer such as Legal Ccs cca rules 1965 in, Junior Legal Adviserthere are evidently good and sufficient circumstances for the disciplinary authority to exercise his discretion in favour of the delinquent officer and allow him to be represented by a legal practitioner.