CENTRAL CIVIL SERVICES (CLASSIFICATION, CONTROL & APPEAL) RULES, 1965
In exercise of the powers conferred by proviso to Article 309 and Clause (5) of Article 148 of the Constitution and after consultation with the Comptroller and Auditor-General in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules, namely :-
Of course. Here is a concise legal commentary on the "Preliminary" section of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, based on the provided sources.
The "Preliminary" section, primarily comprising Rules 1 through 4, establishes the foundational framework of the CCS (CCA) Rules, 1965. It sets out the short title, commencement date, and provides definitions for key terms such as "appointing authority," "disciplinary authority," and "Government servant." Crucially, Rule 3 delineates the application of these rules, specifying to whom they apply and, more importantly, the categories of personnel and services to which they do not apply, thereby forming the gateway for the entire disciplinary and appellate process for central civil servants.
The "Preliminary" section consists of the following key rules:- Rule 1 (Short title and commencement): Declares the rules as the "Central Civil Services (Classification, Control and Appeal) Rules, 1965," effective from December 1, 1965.- Rule 2 (Interpretation): Defines various terms used throughout the rules, including "appointing authority," "disciplinary authority," "Government servant," and others. These definitions are crucial for the interpretation and application of the substantive provisions.- Rule 3 (Application): Specifies that the rules apply to every Government servant, including civilian government servants in the Defence services. It further lists specific exemptions, such as members of the All India Services, persons in the Indian Navy, Army, or Air Force (with certain exceptions for civilian employees), and persons for whom special provisions are made by law.- Rule 4 (Savings): Protects actions taken under previous rules or orders until new actions are taken under the 1965 Rules.
The "Preliminary" section establishes the following essential ingredients:1. Applicability: The rules are a blanket framework for all central civil servants, subject to specific exclusions. This determines whether a particular service or person is governed by these rules.2. Defined Authorities: The definitions establish who is the "appointing authority," "disciplinary authority," and "appellate authority" for a given government servant, which is fundamental for all subsequent proceedings (e.g. [Dol Gobinda Das VS Union of India - 1981 0 Supreme(Cal) 128]) ([Krishna Deo Jha VS Union of India - 1971 0 Supreme(Pat) 96]).3. Scope of the Rules: It sets the boundaries, clarifying that other special enactments (e.g., the CRPF Act and Army Act) will override these rules for the personnel they govern ([Sardarni Deep Kour VS Union of India - 2023 0 Supreme(J&K) 56]) ([Pratap Chandra Nayak VS Union of India - 2021 0 Supreme(Gau) 778]).4. Foundation for Procedure: The definitions and application scope form the legal basis for rules governing suspension (Rule 10), disciplinary proceedings (Rule 14), and appeals (Rule 23).
The scope of the "Preliminary" section is to:- Provide the legal context for the entire disciplinary framework.- Determine the class of employees to whom the rules apply.- Define the hierarchy and authorities responsible for initiating and conducting disciplinary proceedings.- Establish that procedures under these rules, such as holding an inquiry under Rule 14, must be followed for imposing major penalties and that a valid inquiry is a prerequisite for any disciplinary action. The courts have repeatedly held that a failure to follow the procedure under these rules vitiates the entire disciplinary proceeding (e.g., [Sushil Kumar Ganguly VS UNION OF INDIA - 1984 0 Supreme(Cal) 249]) ([K. H. Rabunga VS Union of India - 1989 0 Supreme(Gau) 54]).
The "Preliminary" section itself does not prescribe any punishment. The punishments for misconduct are detailed in Part V (Penalties and Disciplinary Authority) of the Rules, specifically in Rule 11. Common major penalties include:- Dismissal from service- Removal from service- Compulsory retirement- Reduction to a lower stage in the time-scale of pay
(1) These Rules may be called the Central Civil Services (Classification, Control and Appeal) Rules, 1965.
(2) They shall come into force on the 1st December, 1965.
In these rules, unless the context otherwise requires, -
(a) "appointing authority", in relation to a Government servant, means -
(i) the authority empowered to make appointments to the Service of which the Government servant is for the time being a member or to the grade of the Service in which the Government servant is for the time being included, or
(ii) the authority empowered to make appointments to the post which the Government servant for the time being holds, or
(iii) the authority which appointed the Government servant to such Service, grade or post, as the case may be, or
(iv) where the Government servant having been a permanent member of any other Service or having substantively held any other
(1) These rules shall apply to every Government servant including every civilian Government servant in the Defence Services, but shall not apply to -
(a) any railway servant, as defined in Rule 102 of Volume I of the Indian Railways Establishment Code,
(b) any member of the All India Services,
(c) any person in casual employment,
(d) any person subject to discharge from service on less than one month's notice,
(e) any person for whom special provision is made, in respect of matters covered by these rules, by or under any law for the time being in force or by or under any agreement entered into by or with the previous approval of the President before or after the commencement of these rules, in regard to m
(1) the Civil Services of the Union shall be Classified as follows :-
(i) Central Civil Services, Group 'A';
(ii) Central Civil Services, Group 'B';
(iii) Central Civil Services, Group 'C';
(iv) Central Civil Services, Group 'D';
(2) If a Service consists of more than one grade, different grades of such Service may be included in different groups.
The Central Civil Services, Group 'A', Group 'B', Group 'C' and Group 'D', shall consist of the Services and grades of Services specified in the Schedule.
Civil Posts under the Union other than those ordinarily held by persons to whom these rules do not apply, shall, by a general or special order of the President, be Classified as follows :-
(i) Central Civil Posts, Group 'A';
(ii) Central Civil Posts, Group 'B';
(iii) Central Civil Posts, Group 'C';
(iv) Central Civil Posts, Group 'D';
Explanation :- For the purpose of this order -
(i) 'Pay' has the same meaning as assigned to it in F.R. 9 (21) (a) (I);
(ii) 'Pay or scale of pay', in relation to a post, means the pay or the scale of pay of the post prescribed under the Central Civil Services (Revised Pay) Rules, 1997.
All reference to Central Civil Services/Central Civil Posts, Class I, Class II, Class III and Class IV in all Rules, Orders, Schedules, Notifications, Regulations, Instructions in force, immediately before the commencement of these rules shall be construed as references to Central Civil Services/Central Civil Posts, Group 'A', Group 'B', Group 'C' and Group 'D' respectively, and any reference to "Class or Classes" therein in this context shall be construed as reference to "Group or Groups", as the case may be.
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.
All appointments to Central Civil Services, Group 'A' and Central Civil Posts, Group 'A', shall be made by the President :
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 other authority the power to make such appointments.
.(1) All appointments to the Central Civil Services (other than the General Central Service) Group 'B', Group 'C' and Group 'D', shall be made by the authorities specified in this behalf in the Schedule :
Provided that in respect of Group 'C' and Group 'D', Civilian Services, or civilian posts in the Defence Services appointments may be made by officers empowered in this behalf by the aforesaid authorities.
(2) All appointments to Central Civil Posts, Group 'B', Group 'C' and Group 'D', included in the General Central Service shall be made by the authorities specified in that behalf by a general or special order of the President, or where no such order has been made, by the authorities - specified in this behalf in the Schedule.
The Central Civil Services (Classification, Control & Appeal) Rules, 1965 (CCS (CCA) Rules) constitute the principal statutory framework governing the service conditions, disciplinary proceedings, and appellate mechanisms for Central Government civil servants. Rule 9 of these Rules specifically deals with appointments to services and posts other than the General Central Service, establishing the competent authorities for making appointments to Class II, Class III, and Class IV Central Civil Posts.
Rule 9 of the CCS (CCA) Rules, 1965 provides that all appointments to Central Civil Posts, Class II, Class III, and Class IV, included in the General Central Service shall be made by the authorities specified in that behalf by a general or special order of the President, or, where no such order has been made, by the authorities specified in this behalf in the Schedule to the Rules.
Rule 9 must be read in conjunction with Rule 8, which deals with appointments to Class I services and posts (made by the President). The scope of Rule 9 is limited to non-Class I appointments and serves to delegate the appointing power to specified authorities while maintaining Presidential oversight through the power to issue general or special orders.
Rule 9 itself does not prescribe any punishment. It is a procedural provision establishing the competent appointing authority. The punishment provisions are contained in Rule 11 of the CCS (CCA) Rules, 1965, which enumerates both minor and major penalties.
Competent Authority - The authority specified under Rule 9 for making appointments must be the same authority competent to impose penalties under Rule 12; an order of punishment passed by an authority other than the appointing authority under Rule 9 is without jurisdiction. - [R. Mari Gounder VS Union of India rep. by the Director of Postal Services - 2012 0 Supreme(Mad) 2605]
Classification Linkage - Rule 9 of the CCS (CCA) Rules, 1965 is integrally connected with the classification provisions; the Schedule referred to in Rule 9 specifies "head of the office" as the authority competent to make appointments to Class III posts in non-Secretariat offices. - [Om Prakash Gupta Swadheen VS Union Of India - 1975 0 Supreme(SC) 195]
Presidential Delegation - Where a Presidential order delegates powers under Rule 9, such delegated authority becomes competent to pass all types of punishments prescribed under Rule 11, including compulsory retirement. - [R. C. PATHAK VS C. A. T. ALLAHABAD BENCH - 2017 0 Supreme(All) 1104]
Definition Reference - The definition of "appointing authority" under Rule 2(a) of the CCS (CCA) Rules, 1965 is referenced in Rule 9 for specified posts; however, for temporary government servants not holding specified posts, the term "appointing authority" must be understood in its plain meaning as the authority which actually appointed the employee. - [Om Prakash Gupta Swadheen VS Union Of India - 1975 0 Supreme(SC) 195]
Lent Officers - Under Rule 20 read with Rule 9, where services of a government servant are lent to another department, the borrowing authority has the powers of the appointing authority for disciplinary purposes, including suspension and conducting disciplinary proceedings. - [Ram Adhar Singh VS Superintendent of Central Excise, Kasganj - 1979 0 Supreme(All) 1057]
Information Obligation - When disciplinary proceedings are initiated against a lent officer by the borrowing authority, the proviso to Rule 20(1) requires the borrowing authority to inform the lending authority; however, this requirement is directory and non-compliance does not vitiate the proceedings. - [Ram Adhar Singh VS Superintendent of Central Excise, Kasganj - 1979 0 Supreme(All) 1057]
Jurisdictional Issue - A punishment order passed by an authority who was not the competent appointing authority under Rule 9 at the time of passing the order is void and liable to be set aside. - [R. Mari Gounder VS Union of India rep. by the Director of Postal Services - 2012 0 Supreme(Mad) 2605]
Schedule Application - In the absence of a general or special order of the President under Rule 9(2), the Schedule to the Rules specifies the authorities competent to make appointments; for Class III posts in non-Secretariat offices, "head of the office" as defined in Rule 2(i) read with General Financial Rules is the specified authority. - [Om Prakash Gupta Swadheen VS Union Of India - 1975 0 Supreme(SC) 195]
Article 309 Framework - The CCS (CCA) Rules, 1965 including Rule 9 have been framed under Article 309 of the Constitution of India, subject to Article 311, and these rules are not applicable to civil employees of Defence Department where special provisions exist. - [Executive Engineer, Central Public Works Department VS Raju Banduji Raut - 2009 0 Supreme(Bom) 438]
Constitutional Protection - The untrammelled pleasure of the President under Article 310, when subjected to Rules framed under Article 309 including Rule 9, must be bound by those Rules; termination without compliance with these Rules is illegal. - [UNION OF INDIA VS K. S. SUBRAMONIAN - 1974 0 Supreme(Ker) 82]
Non-Applicability Scope - Rule 3(1)(e) of the CCS (CCA) Rules, 1965 provides that these Rules shall not apply to persons for whom special provision is made by any law; consequently, members of specialized forces like CRPF are governed by their special enactments rather than Rule 9 of the CCS (CCA) Rules. - [Pratap Chandra Nayak VS Union of India - 2021 0 Supreme(Gau) 778]
Group Classification - Under Part III read with Rule 9, appointments to Central Civil Services Group-C and Group-D are made by authorities specified in the Schedule, whereas Rule 8 governs Group-A appointments by the President. - [Executive Engineer, Central Public Works Department VS Raju Banduji Raut - 2009 0 Supreme(Bom) 438]
Defence Services Exception - Civilian government servants in defence services may not be governed by the CCS (CCA) Rules including Rule 9; however, following these Rules does not prejudice the employee as they incorporate principles of natural justice in an elaborate manner. - [Ranjit Kumar Majumdar VS Union Of India - 1995 0 Supreme(SC) 1227]
Promotion and Rule 9 - The promotion of an employee to a selection grade or higher post must be made by the authority competent under Rule 9; a promotion made by an authority lacking competence under Rule 9 is liable to be set aside. - [M. M. Srivastava VS Union of India - 1985 0 Supreme(All) 568]
Review Powers - The power of review under Rule 29 of the CCS (CCA) Rules is exercisable by authorities specified therein; however, when a review order seeks to set aside an order passed under Rule 9, the reviewing authority must have competence commensurate with the appointing authority under Rule 9. - [M. M. Srivastava VS Union of India - 1985 0 Supreme(All) 568]
Time Limit for Review - An appellate authority reviewing an order under Rule 29(1)(v) must act within six months of the date of the order proposed to be reviewed; review proceedings initiated after this period are without jurisdiction. - [M. M. Srivastava VS Union of India - 1985 0 Supreme(All) 568]
Deemed Lien - While an employee retains lien on a post from which he was suspended, lien is maintained on a post and not on a place; Rule 9 read with Fundamental Rules establishes the right to hold a substantive post, not a particular location. - [Dheer Singh Yadav VS State of M. P. - 2013 0 Supreme(MP) 215]
Adoption by Autonomous Bodies - When autonomous bodies adopt the CCS (CCA) Rules including Rule 9 through their bye-laws, the provisions become applicable mutatis mutandis to their employees, and such adoption does not make the employees government servants but binds the body to follow the adopted procedures. - [Director and Disciplinary Authority National Institute of Unani Medicine VS Ashika M. D/o. Mallinath - 2021 0 Supreme(Kar) 612]
Mutatis Mutandis Application - Rule 9 and other CCS (CCA) Rules adopted by autonomous bodies through bye-laws apply in their entirety; the adopting body must comply with all procedural requirements including those relating to appointing authority and disciplinary authority. - [Director and Disciplinary Authority National Institute of Unani Medicine VS Ashika M. D/o. Mallinath - 2021 0 Supreme(Kar) 612]
Rule 9 and Rule 12 Nexus - The disciplinary authority under Rule 12 must be the same as or equivalent to the appointing authority specified under Rule 9; an officiating authority cannot exercise disciplinary powers reserved for the appointing/disciplinary authority. - [Ram Pravesh Sharma VS Coal Mines Provident Fund Organisation - 2003 0 Supreme(Jhk) 776]
(1) The appointing authority or any authority to which it is subordinate or the disciplinary authority or any other authority empowered in that behalf by the President, by general or special order, may place a Government servant under suspension-
(a) where a disciplinary proceeding against him is contemplated or is pending; or
(aa) where, in the opinion of the authority aforesaid, he has engaged himself in activities prejudicial to the interest of the security of the State; or
(b) where a case against him in respect of any criminal offence is under investigation, inquiry or trial:
Provided that, except in case of an order of suspension made by the Comptroller and Auditor - General in regard to a member of the Indian Audit and Accounts Service and in
The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on a Government servant, namely :-
Minor Penalties -
(i) censure;
(ii) withholding of his promotion;
(iii) recovery from his pay of the whole or part of any pecuniary loss caused by him to the Government by negligence or breach of orders;
(iii a) reduction to a lower stage in the time-scale of pay by one stage for a period not exceeding three years, without cumulative effect and not adversely affecting his pension.
(iv) withholding of increments of pay;
Major Penalties -
(v
(1) The President may impose any of the penalties specified in Rule 11 on any Government servant.
(2) Without prejudice to the provisions of sub-rule (1), but subject to the provisions of sub-rule (4), any of the penalties specified in Rule 11 may be imposed on -
(a) a member of a Central Civil Service other than the General Central Service, by the appointing authority or the authority specified in the schedule in this behalf or by any other authority empowered in this behalf by a general or special order of the President;
(b) a person appointed to a Central Civil Post included in the General Central Service, by the authority specified in this behalf by a general or special order of the President or, where no such order has been made, by the appointing authority or the authority specified in t
.(1) The President or any other authority empowered by him by general or special order may -
(a) institute disciplinary proceedings against any Government servant;
(b) direct a disciplinary authority to institute disciplinary proceedings against any Government servant on whom that disciplinary authority is competent to impose under these rules any of the penalties specified in rule 11.
(2) A disciplinary authority competent under these rules to impose any of the penalties specified in clauses (i) to (iv) of rule 11 may institute disciplinary proceedings against any Government servant for the imposition of any of the penalties specified in clauses (v) to (ix) of rule 11 notwithstanding that such disciplinary authority is not competent under these rules to impose any of the latter penalties.
The Central Civil Services (Classification, Control & Appeal) Rules, 1965 (hereinafter "CCS (CCA) Rules, 1965") provide the comprehensive framework governing disciplinary proceedings against Central Government employees. Rule 13 specifically deals with the authority to institute proceedings, establishing which authorities are competent to initiate disciplinary action against government servants.
Rule 13 of the CCS (CCA) Rules, 1965 empowers the disciplinary authority or any other authority specified by the President to institute disciplinary proceedings against a government servant. The rule delineates the authorities competent to initiate proceedings and impose penalties under Rule 11 of the same Rules.
Rule 13 operates within the broader disciplinary framework of the CCS (CCA) Rules, 1965. It must be read in conjunction with Rules 2(g), 11, and other related provisions. The scope extends to determining which authority can validly commence disciplinary action, ensuring that proceedings are not initiated by unauthorized persons.
Rule 13 itself does not prescribe punishment but rather governs the initiation of proceedings that may lead to penalties under Rule 11. The punishments that may follow from proceedings properly initiated under Rule 13 include:
Initiating Authority - Rule 13 empowers the disciplinary authority or any authority empowered by the President to institute disciplinary proceedings, ensuring that only competent authorities can commence action. - [Source: ""] - CCS-CCA-Rules-FINAL.pdf
Supervisory Power Limitation - The power of supervision and control will not include all the powers including initiation of disciplinary proceedings in place of appointing/disciplinary authority. - [Source: "Ram Pravesh Sharma VS Coal Mines Provident Fund Organisation - 2003 0 Supreme(Jhk) 776"] - Rules 2(g), 11 and 13 r/w Regulation 26
Officiating Authority - Proceedings initiated by the officiating authority may be invalid if such authority lacks the competence under Rule 13 to act as the disciplinary authority. - [Source: "Ram Pravesh Sharma VS Coal Mines Provident Fund Organisation - 2003 0 Supreme(Jhk) 776"] - (Paras 16, 21 and 22)
Rule 14 Compliance - The procedure for imposing major penalties under Rule 14 is mandatory and provides the only safeguard against arbitrary decisions against a Government servant. - [Source: "K. H. Rabunga VS Union of India - 1989 0 Supreme(Gau) 54"] - Disciplinary Proceedings - Violation of Principles of Natural Justice
Major Penalty Inquiry - No order of penalty can be passed on the basis of a disciplinary rule which does not apply to the service conditions of such employee. - [Source: "Ashok Kumar Rajak VS Commissioner, C. M. P. F. Organization - 2013 0 Supreme(Jhk) 1144"] - Rule 14 r/w Rules 4 and 27
De-novo Inquiry Limitation - Rule 15 of the CCS (CCA) Rules, 1965 does not allow for setting aside previous inquiries solely based on the dissatisfaction of the Disciplinary Authority with the report. - [Source: "Devinder Singh VS State of Himachal Pradesh - 2020 0 Supreme(HP) 708"] - De-novo Inquiry under Rule-14, Rule-15
Dissenting Note Requirement - The Disciplinary Authority must comply with Rule 15(2), record reasons for disagreement with the Inquiry Officer, and provide the delinquent officer an opportunity to represent before recording its findings. - [Source: "R. L. Jakhu VS Union Of India - 2010 0 Supreme(P&H) 3051"] - Dissenting Note under Rule 15
Rule 19 Applicability - Where a government servant is convicted on a criminal charge, no opportunity of hearing or show cause notice need be given for passing an order of dismissal under Rule 19(i) of the CCS (CCA) Rules, 1965. - [Source: "Laxmi Narayan Hayaran VS State of M. P. - 2004 0 Supreme(MP) 823"] - Rule 19(i), proviso
Dismissal after Corruption Conviction - Where conviction is based on corruption, punishment by way of dismissal is not excessive. - [Source: "Laxmi Narayan Hayaran VS State of M. P. - 2004 0 Supreme(MP) 823"] - Rule 19(i) - Proportionality of Punishment
Judicial Review of Penalty - On judicial review, the Court can examine whether there was consideration of relevant facts and circumstances by the disciplinary authority, and can correct the penalty if it is excessive. - [Source: "Laxmi Narayan Hayaran VS State of M. P. - 2004 0 Supreme(MP) 823"] - Judicial Review under Rule 19(i)
Review of Suspension - An order of suspension under Rule 10 shall be reviewed before expiry of ninety days from the effective date of suspension on the recommendation of the Review Committee, and extension of suspension shall not exceed one hundred and eighty days at a time. - [Source: "Amoy Morang, S/o Lt. Ganagaram Morang VS State of Arunachal Pradesh represented by the Chief Secretary, Government of Arunachal Pradesh, Itanagar - 2019 0 Supreme(Gau) 480"] - Rule 10(6) & (7)
Invalid Suspension - An order of suspension shall not be valid after a period of ninety days unless it is extended after review before the expiry of ninety days. - [Source: "Amoy Morang, S/o Lt. Ganagaram Morang VS State of Arunachal Pradesh represented by the Chief Secretary, Government of Arunachal Pradesh, Itanagar - 2019 0 Supreme(Gau) 480"] - Rule 10(7)
Foreign Conviction - Conviction by a foreign court for an offence committed abroad is not a ground for suspension under Rule 10(2)(b) of the CCS (CCA) Rules, 1965. - [Source: "SUSANTA MUKHERJEE VS UNION OF INDIA - 1975 0 Supreme(Cal) 158"] - Rule 10(2)(B) Interpretation
Appellate Authority Duty - Rule 27(2) requires the appellate authority to consider whether the procedure laid down in the rules has been complied with, whether findings are warranted by evidence, and whether the penalty is adequate. - [Source: "S. K. Mazumdar VS Union of India & Ors. - 1982 0 Supreme(Gau) 94"] - Appellate Authority Duty under Rule 27
Review Authority - Rule 29 requires the reviewing authority to hold a fresh inquiry before imposing a major penalty or enhancing a penalty already awarded to one of the kinds of major penalty mentioned in Rule 11. - [Source: "Krishna Deo Jha VS Union of India - 1971 0 Supreme(Pat) 96"] - Review of Order under Rule 29
UPSC Advice - The advice of the UPSC should be supplied in advance when utilized as material against the delinquent officer, in accordance with Rule 32 of the CCS (CCA) Rules, 1965. - [Source: "U. O. I. VS N. Mohammad - 2015 0 Supreme(Del) 578"] - UPSC Advice under Rule 32
GREF Personnel - The nature of proceedings under the CCS (CCA) Rules, 1965 is disciplinary in character, different from penal proceedings under the Army Act, 1950. - [Source: "Ganesh Thakur (GS-178495Y UDC) VS Director General, Border Roads Organization & Ors. - 2010 0 Supreme(Gau) 686"] - Simultaneous Proceedings under CCS (CCA) Rules and Army Act
Probationers - Probationers in permanent posts are entitled to protections under the CCS (CCA) Rules, 1965, and any termination based on stigmatic allegations requires a proper inquiry and adherence to natural justice principles. - [Source: "Director, CSIR-CIMFR [Central Institute of Mining and Fuel Research] VS Mayuresh Dash, S/o. Sri Rabindra Kumar Dash - 2024 0 Supreme(Jhk) 43"] - Applicability to Probationers
CRPF Personnel - By virtue of Rule 3(1)(e) of the CCS (CCA) Rules, 1965 and because the CRPF Act is a special enactment, the CCS (CCA) Rules shall not be applicable to CRPF personnel. - [Source: "Pratap Chandra Nayak VS Union of India - 2021 0 Supreme(Gau) 778"] - Rule 3(1) Non-applicability
Right to Assistance - Under Rule 14(8), a government servant may take the assistance of any other government servant to present his case, but may not engage a legal practitioner unless the Presenting Officer is a legal practitioner or the Disciplinary Authority so permits. - [Source: "The Posts and Telegraphs Board, New Delhi VS M. A. Hanumanthan - 1976 0 Supreme(Mad) 612"] - Rule 14(8) - Right to Legal Assistance
Natural Justice - Inquiry proceedings under Rule 14 must follow principles of natural justice, including specific allegations in charge memos and reasonable opportunity for the delinquent officer to deny allegations. - [Source: "HIMACHAL ROAD TRANSPORT CORPORATION VS PRITHVI CHAND - 2012 0 Supreme(HP) 1035"] - Inquiry Proceedings under Rule-14
Conduct Rules - The definition of misconduct under the CCS (CCA) Rules, 1965 is not capable of precise definition; its connotation must be derived from the context, the delinquency in its performance, and its effect on discipline. - [Source: "Dilip Kumar Roy Cohudhury VS State of Tripura - 1995 0 Supreme(Gau) 142"] - Interpretation of Misconduct under Rule 3
.(1) No order imposing any of the penalties specified in clauses (v) to (ix) of Rule 11 shall be made except after an inquiry held, as far as may be, in the manner provided in this rule and rule 15, or in the manner provided by the Public Servants (Inquiries) Act, 1850 (37 of 1850), where such inquiry is held under that Act.
(2) Whenever the disciplinary authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehaviour against a Government servant, it may itself inquire into, or appoint under this rule or under the provisions of the Public Servants (Inquiries) Act, 1850, as the case may be, an authority to inquire into the truth thereof.
Provided that where there is a complaint of sexual harassment within the meaning of rule 3 C of the Central Civil Services (Conduct) Rules, 1
(1) The disciplinary authority, if it is not itself the inquiring authority may, for reasons to be recorded by it in writing, remit the case to the inquiring authority for further inquiry and report and the inquiring authority shall thereupon proceed to hold the further inquiry according to the provisions of Rule 14, as far as may be.
(2) The disciplinary authority shall forward or cause to be forwarded a copy of the report of the inquiry, if any, held by the disciplinary authority or where the disciplinary authority is not the inquiring authority, a copy of the report of the inquiring authority together with its own tentative reasons for disagreement, if any, with the findings of inquiring authority on any article of charge to the Government servant who shall be required to submit, if he so desires, his written representation or submission to the disciplinary authority within fift
(1) Subject to the provisions of sub-rule (3) of rule 15, no order imposing on a Government servant any of the penalties specified in clause (i) to (iv) of rule 11 shall be made except after-
(a) informing the Government servant in writing of the proposal to take action against him and of the imputations of misconduct or misbehaviour on which it is proposed to be taken, and giving him reasonable opportunity of making such representation as he may wish to make against the proposal;
(b) holding an inquiry in the manner laid down in [sub-rules (3) to (24) of rule 14], in every case in which the disciplinary authority is of the opinion that such inquiry is necessary;
(c) taking the representation, if any, submitted by the Government servant under clause (a) and the record of inquiry, if any, held
Orders made by the disciplinary authority shall be communicated to the Government servant who shall also be supplied with a copy of its finding on each article of charge, or where the disciplinary authority is not the inquiring authority, a statement of the findings of the disciplinary authority together with brief reasons for its disagreement, if any, with the findings of the inquiring authority and also a copy of the advice, if any, given by the Commission, and where the disciplinary authority has not accepted the advice of the Commission, a brief statement of the reasons for such non-acceptance.
(1) Where two or more Government servants are concerned in any case, the President or any other authority competent to impose the penalty of dismissal from service on all such Government servants may make an order directing that disciplinary action against all of them may be taken in a common proceeding.
NOTE-
If the authorities competent to impose the penalty of dismissal on such Government servants are different, an order for taking disciplinary action in a common proceeding may be made by the highest of such authorities with the consent of the others.
(2) Subject to the provisions of sub-rule (4) of rule 12, any such order shall specify-
(i) the authority which may function as the disciplinary authority for the purpose of such common proceeding;<
casesNotwithstanding anything contained in rule 14 to rule 18-
(i) where any penalty is imposed on a Government servant on the ground of conduct which has led to his conviction on a criminal charge, or
(ii) where the disciplinary authority is satisfied for reasons to be recorded by it in writing that it is not reasonably practicable to hold an inquiry in the manner provided in these rules, or
(iii) where the President is satisfied that in the interest of the security of the State, it is not expedient to hold any inquiry in the manner provided in these rules, the disciplinary authority may consider the circumstances of the case and make such orders thereon as it deems fit:
Provided that the Government servant may be given an opportunity of making rep
.(1) Where the services of a Government servant are lent by one department to another department or to a State Government or an authority subordinate thereto or to a local or other authority (hereinafter in this rule referred to as " the borrowing authority"), the borrowing authority shall have the powers of the appointing authority for the purpose of placing such Government servant under suspension and of the disciplinary authority for the purpose of conducting a disciplinary proceeding against him:
Provided that the borrowing authority shall forthwith inform the authority which lent the services of the Government servant (hereinafter in this rule referred to as "the lending authority") of the circumstances leading to the order of suspension of such Government servant or the commencement of the disciplinary proceeding, as the case may be.
&nb
.(1) Where an order of suspension is made or a disciplinary proceeding is conducted against a Government servant whose services have been borrowed by one department from another department or from a State Government or an authority subordinate thereto or a local or other authority, the authority lending his services (hereinafter in this rule referred to as "the lending authority") shall forthwith be informed of the circumstances leading to the order of the suspension of the Government servant or of the commencement of the disciplinary proceeding, as the case may be.
(2) In the light of the findings in the disciplinary proceeding conducted against the Government servant, if the disciplinary authority is of the opinion that any of the penalties specified in clauses (i) to (iv) of rule 11 should be imposed on him, it may, subject to the provisions of sub-rule (3) of rule 15 and except
liesNotwithstanding anything contained in this Part, no appeal shall lie against-
(i) any order made by the President;
(ii) any order of an interlocutory nature or of the nature of a step-in-aid of the final disposal of a disciplinary proceeding, other than an order of suspension;
(iii) any order passed by an inquiring authority in the course of an inquiry under Rule 14.
liesSubject to the provisions of rule 22, a Government servant may prefer an appeal against all or any of the following orders, namely:-
(i) an order of suspension made or deemed to have been made under rule 10;
(ii) an order imposing any of the penalties specified in rule 11, whether made by the disciplinary authority or by any appellate or revising authority;
(iii) an order enhancing any penalty, imposed under rule 11;
(iv) an order which-
(a) denies or varies to his disadvantage his pay, allowances, pension or other conditions of service as regulated by rules or by agreement; or
(b) interprets to his disadvantage the provisions of any such rule or agreement;
.(1) A Government servant, including a person who has ceased to be in Government service, may prefer an appeal against all or any of the orders specified in Rule 23 to the authority specified in this behalf either in the Schedule or by a general or special order of the President or, where no such authority is specified-
(i) where such Government servant is or was a member of a Central Service, Group 'A' or Group 'B' or holder of a Central Civil Post, Group 'A' or Group 'B' -
(a) to the appointing authority, where the order appealed against is made by an authority subordinate to it; or
(b) to the President where such order is made by any other authority;
which the authority making the order appealed against is immediately subordinat(ii) where such Go
No appeal preferred under this part shall be entertained unless such appeal is preferred within a period of forty-five days from the date on which a copy of the order appealed against is delivered to the appellant :
Provided that the appellate authority may entertain the appeal after the expiry of the said period, if it is satisfied that the appellant had sufficient cause for not preferring the appeal in time.
.(1) Every person preferring an appeal shall do so separately and in his own name.
(2) The appeal shall be presented to the authority to whom the appeal lies, a copy being forwarded by the appellant to the authority which made the order appealed against. It shall contain all material statements and arguments on which the appellant relies, shall not contain any disrespectful or improper language, and shall be complete in itself.
(3) The authority which made the order appealed against shall, on receipt of a copy of the appeal, forward the same with its comments thereon together with the relevant records to the appellate authority without any avoidable delay, and without waiting for any direction from the appellate authority.
.(1) In the case of an appeal against an order of suspension, the appellate authority shall consider whether in the light of the provisions of rule 10 and having regard to the circumstances of the case, the order of suspension is justified or not and confirm or revoke the order accordingly.
(2) In the case of an appeal against an order imposing any of the penalties specified in rule 11 or enhancing any penalty imposed under the said rules, the appellate authority shall consider-
(a) whether the procedure laid down in these rules have been complied with and if not, whether such non-compliance has resulted in the violation of any provisions of the Constitution of India or in the failure of justice;
(b) whether the findings of the disciplinary authority are warranted by the evidence on the record
The authority which made the order appealed against shall give effect to the orders passed by the appellate authority.
(1) Notwithstanding anything contained in these rules-
(i) the President; or
(ii) the Comptroller and Auditor-General, in the case of a Government servant serving in the Indian Audit and Accounts Department; or
(iii) the Member (Personnel) Postal Services Board in the case of a Government servant serving in or under the Postal Services Board and Adviser (Human Resources Development), Department of Telecommunications in the case of a Government servant serving in or under the Telecommunications Board; or
(iv) the Head of a Department directly under the Central Government, in the case of a Government servant serving in a department or office (not being the Secretariat or the Posts and Telegraphs Board), under the control of such Head of a Department;
The President may, at any time, either on his own motion or otherwise review any order passed under these rules, when any new material or evidence which could not be produced or was not available at the time of passing the order under review and which has the effect of changing the nature of the case, has come, or has been brought, to his notice:
Provided that no order imposing or enhancing any penalty shall be made by the President unless the Government servant concerned has been given a reasonable opportunity of making a representation against the penalty proposed or where it is proposed to impose any of the major penalties specified in rule 11 or to enhance the minor penalty imposed by the order sought to be reviewed to any of the major penalties and if an enquiry under rule 14 has not already been held in the case, no such penalty shall be imposed except after inquiring in the
Every order, notice and other process made or issued under these rules shall be served in person on the Government servant concerned or communicated to him by registered post.
Save as otherwise expressly provided in these rules, the authority competent under these rules to make any order may, for good and sufficient reasons or if sufficient cause is shown, extend the time specified in these rules for anything required to be done under these rules or condone any delay.
Whenever the Commission is consulted as provided in these rules, a copy of the advice by the Commission and where such advice has not been accepted, also a brief statement of the reasons for such non-acceptance, shall be furnished to the Government servant concerned along with a copy of the order passed in the case, by the authority making the order.
On and from the commencement of these rules, and until the publication of the Schedules under these rules, the Schedules to the Central Civil Services (Classification, Control and Appeal) Rules, 1957, and the Civilians in Defence Services (Classification, Control and Appeal) Rules, 1952, as amended from time to time, shall be deemed to be the Schedules relating to the respective categories of Government servants to whom they are, immediately before the commencement of these rules, applicable and such Schedules shall be deemed to be the Schedules referred to in the corresponding rules of these rules.
.(1) Subject to the provisions of rule 33, the Central Civil Services (Classification, Control and Appeal) Rules, 1957, and the Civilians in Defence Services (Classification, Control and Appeal) Rules, 1952, and any notifications or orders issued thereunder in so far as they are inconsistent with these rules, are hereby repealed:
Provided that-
(a) such repeal shall not affect the previous operation of the said rules, or any notification or order made, or anything done, or any action taken, thereunder;
(b) any proceedings under the said rules, pending at the commencement of these rules shall be continued and disposed of, as far as may be, in accordance with the provisions of these rules, as if such proceedings were proceedings under these rules.
(2)
If any doubt arises as to the interpretation of any of the provisions of these rules, the matter shall be referred to the President or such other authority as may be specified by the President by general or special order, and the President or such other authority shall decide the same.
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