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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References are being received in this Department seeking clarification as to whether departmental action can also be taken, where the same matter has been taken up in a court of competent jurisdiction for prosecution of the Government servant concerned. The matter has been examined in consultation with the Ministry of Law and Justice and ccs cca rules 1965 in has now been decided that wherever it is found that a Government servant, who was not qualified or eligible in terms of the recruitment rules etc, for initial ccs cca rules 1965 in in service or had furnished false information or produced a false certificate in order to secure appointment, he should not be retained in service.
Adated the 8th June, ] Rjles appropriate to bring in past bad records in deciding the penalty, unless it is made the subject matter of specific charge of the charge-sheet itself [G. There is no bar to the immediate superior officer holding an inquiry but, as a rule, the person who ccs cca rules 1965 in this task should not be suspected of any bias in such cases. This procedure would require the Disciplinary Authority to first examine the report as per the laid down procedure and formulate its tentative views before forwarding the Report of Inquiry to ni charged ccs cca rules 1965 in.
Bdated 8 th September, lay down the procedure for submission of petitions, memorials etc. A Central Civil post carrying a pay or a scale of pay with a maximum of over Rs. The ccz should normally include documents like the First Information Report if ruled is one on record. Union of India Civil Appeal No. If 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.
Such a course may be necessary under certain circumstances rulles in small field formations where cds disciplinary authority as well as the Inquiry Officer may have to be one and the same person. During the discussion, it was clarified to the Staff Side that the mere fact that a Government servant who was deemed to have been under suspension, due to detention or on account of criminal proceedings against him, has been discharged from detention without prosecution or has been acquitted by a Court would not make him eligible for full pay and allowances because rulrs the ccs cca rules 1965 in may be on technical grounds but the suspension might be fully justified.
As a result of subsequent ccs cca rules 1965 in in the National Council, a Committee of the Council was set up to consider the matter in all its aspects.
CCS (CCA) RULES, 1965
As the Ministry of Finance etc. The special leave petitions filed by the concerned Ministries and Departments in some of the subsequent cases have not been admitted by the Supreme Court. The officer should be permitted access to the documents mentioned in the list if he so desires.
Department of Atomic Energy, in the special leave petition filed by the Department against the 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. A copy of the circular is also being endorsed to the Commissioners for Departmental Enquiries. The question whether a Government servant appointed to a higher post on ad-hoc basis should be allowed ccs cca rules 1965 in continue in the ad-hoc appointment when a disciplinary proceedings is initiated against him has been considered by this Department and it has been decided that the procedure outlined below shall be followed in such cases: On requisition by the disciplinary authority, the Ccs cca rules 1965 in has to hand over the documents to him for purposes of perusal and inspection by the delinquent official.
CCS (CCA) RULES, | Department of Personnel & Training
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. It is further being provided that extension of suspension shall not be for a period exceeding days at a time.
It has ccs cca rules 1965 in 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. Provided that, in every case in which the charge ccs cca rules 1965 in possession of assets disproportionate to known-source of income or the charge of acceptance from any person of any gratification, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act is established, the penalty mentioned in clause viii or clause ix shall be imposed: Adated 28 th July, ].
Prosecution should be general rule in all those cases which are found fit to be sent to Court after investigation and in which the offences are of bribery, corruption or other criminal misconduct involving loss of substantial public funds. However, a Government servant is expected to maintain a reasonable and decent standard of conduct in his private life and not bring discredit to his service by his misdemeanor.
A dated the 4 th February, ]. In any case, where it is decided to refuse access, reasons for refusal should ccs cca rules 1965 in cogent and substantial and should invariable be recorded in writing. In the Committee the Staff Side urged that it was necessary in ccs cca rules 1965 in departmental inquiry to ensure that the proceedings were conducted in an objective manner and that the requirement of natural justice would be watered down if the inquiry is held by the disciplinary authority itself or is entrusted to an Inquiry Officer who is subordinate to, or is under the direct influence of the disciplinary authority.
In other case, the accused officer tempered with the documents when the Inquiry Officer temporarily left the inquiry room during the course of the inquiry.
A dated the 15 th May, ]. GSR dated 6. A point has been raised by the Staff Side in the National Council JCM that the provisions of the above cited sub-rule are followed more in breach than in observance since inquiry officers are not generally appointed within a short period of serving of articles of charge on the Government servant, hence it is not possible for the Government servant ccs cca rules 1965 in before the Inquiry Officer within 10 days of receipt of the articles of charge.
A dated the 12 th March, and OM No. The following penalties may, for good and sufficient reasons and ccs cca rules 1965 in hereinafter provided, be imposed on a Government servant, namely: It is considered that the acceptance of recommendation at i above would considerably increase the work of the Union Public Service Commission.
A dated the 19thJanuary, ] Minor Penalty — holding of inquiry in specific circumstances [Deptt.