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,. ยป 3. Classification of posts under the CCS.

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The composition of Review Committee s may be as follows: It has, therefore, been decided that a review of suspension shall cvs be necessary in such cases. A dated 6 th October, ].


A dated the 14 th September, ]. The Government servant is also deemed to have been placed under suspension by an order of fules competent authority in the circumstances mentioned in rule 10 2 of the aforesaid rules.

The second point raised by the Staff Side has been further examined in this Department.

The constitutional requirements laid down in Article 2 of the Constitution of India, and the provisions of Rule 15 and 17 of the CCS CCA Rules, and rulings of the various eules of the Central Administrative Tribunal and of various courts on the matter have been kept in view. Reasons for suspension to be communicated on expiry of three months period if no charge-sheet is issued.

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. If the defence is made orally, it shall be recorded and the Government servant shall be required to sign the record.

The practice, however, is that officers governed by the All India Services Discipline and Appeal Rules do take such extracts from records. If a Government servant who had submitted a resignation, sends an intimation in writing to the appointing authority withdrawing his earlier letter of resignation before its acceptance by the appointing authority, the resignation will be deemed to have been automatically withdrawn and there is no question of accepting the resignation.

Referencer | Central Civil Services (Classification, Control & Appeal) Rules, | Index

A dated 14 th September, envisages as follows: 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. The Tribunal also cannot interfere with the penalty if the conclusion of the Inquiry Officer or the competent authority is based on evidence even if some of it is found to be irrelevant or extraneous rulds the matter.

Published by Dina Richard Modified over 3 years ago. In such cases, it will be necessary to give access to the previous statement. These are sufficient safeguards against unjustified withholding of appeals. Daily-rated staff paid from ccd.

CCS(CCA) Rules, 1965 Brief introduction.

Whenever, rulee, there is unresolved difference of opinion between the Central Bureau of Investigation fules the administrative authority concerned as to whether prosecution in court or departmental action should be cds to in the first instance the matter should be referred to the Central Vigilance Commission for advice. Hence in supersession of the earlier order on the subject, it has been decided 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: He can carry on with the enquiry proceedings at the point where the transfer of the accused Officer was effected.


The matter has been examined in consultation with the Ministry of Law. An officer under suspension is regarded as subject to all other conditions of service applicable generally to Government servants and cannot leave the station without prior permission. For all other departmental inquiries the delay caused by excessive pre-occupation or unfamiliarities with the procedure could be easily avoided by adopting the following measures: However, at present, there is no provision for appeal against the decision of the inquiring authority in the matter, should it decide to refuse permission.

A Central Civil post carrying a pay or a scale of pay the maximum of which is Rs. A suggestion was made by the Staff Side that where a representation by the delinquent official against the appointment of a particular Inquiry Officer on grounds of bias, is rejected by the Disciplinary Authority, it should be open to the delinquent official, to prefer an appeal to the appellate authority.

Department of Personnel Memo No. If the penalty imposed is apparently unreasonable or uncalled for, having regard to the nature of the criminal charge, the Tribunal may step in to render substantial justice.

Procedure for imposing minor penalties. Central Civil posts of any Group not included in any other Central Civil Service shall be deemed to be included in the General Central Service of the corresponding Group and a Government servant appointed to any such post shall be deemed to be a member of that Service unless he is already a member of any other Central Civil Service of the same Group.

A dated the 28 th October, If the order of reduction is intended for an indefinite period the order should be framed as follows: There is, however, nothing in these minimum requirements which must necessarily lead to unduly protected proceedings or to a failure, to secure just punishment to the guilty.

Such Government servants should also not be sent or allowed to go, during the currency of the penalty, on deputation or foreign service to posts under an authority in India.

Where the reasons for suspension are communicated on the expiry of a time-limit prescribed for the issue of chargesheet, the time-limit of forty five days for submission of appeal should be counted from the date on which the reasons for suspension are communicated.

The Staff Side of the National Council, at its meeting held on 27 th and the 28 th Januaray, raised the following points: A dated the 29 th July, ]. State of Haryana and other [ 2 Supreme Court Cases ] and the Court held that the Tribunal could exercise only such powers which the civil courts or the High Courts could have exercised by way of judicial review.


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. RR dated 14 th May, ]. It is, therefore, necessary to constitute Review Committee s to review the suspension cases. It has accordingly been decided that in the case of a Government servant who was deemed to have been placed under suspension due to his detention in police custody erroneously or without basis and thereafter released without any prosecution having been launched, the competent authority should apply its mind at the time of revocation of the suspension and re-instatement of the official and if he comes to the conclusion that the suspension was wholly unjustified, full pay and allowances may be allowed.

The sealed cover procedure permits the question of promotion to be kept in abeyance till the result of any pending disciplinary inquiry. A resignation becomes effective when it is accepted and the Government servant is relieved of his duties. Provided that the Government servant may take the assistance of any other Government servant posted at any other station, if the inquiring authority having regard to the circumstances of the case, and for reasons to be recorded in writing, so permits.

These are only some of the circumstance where such denial can be justified. It may be noticed that the imposition of appropriate punishment is within the discretion and judgment of the disciplinary authority. The Government servant shall indicate the relevance of the documents required by him to be discovered or produced by the Government. Such Government servants should also not be sent or allowed to go on deputation or foreign service to posts under an authority in India.

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 authority to apply its mind to all relevant facts which are brought out in the inquiry before forming an opinion about the imposition of a penalty, if any, on the Government servant.

Sub-rule 1 of rule 10 of the Central Civil Services Classification, Control and Appeal Rules, provides, inter alia, that a Government servant may be placed under suspension where a disciplinary proceeding against him is contemplated or is pending or where a case against him in respect of any criminal offence is under investigation, inquiry or trial.