Ministry of Agriculture, etc. After some discussion, it was decided that the Official Side might examine the feasibility of prescribing a time-limit of two month within which the disciplinary authority should pass the orders on the report of the inquiry officer, and requiring that authority to submit a report to the next higher authority in cases where the time-limit cannot be adhered to, explaining the reasons therefor. (A) dated 05.02.2003]. style="text-align:justify"> (7) An order of suspension made or deemed to have been made under sub-rules (1) or (2) of this rule shall not be valid after a period of ninety days unless it is extended after review, for a further period before the expiry of ninety days : Provided that no such review of suspension shall be necessary in the case of deemed suspension under sub-rule (2), if the Government servant continues to be under suspension at the time of completion of ninety days of suspension and the ninety days period in such case will count from the date the Government servant detained in custody is released from detention or the date on which the fact of his release from detention is intimated to his appointing authority, whichever is later., (1) Report of arrest to superiors by Government servants :-. In spite of the six monthly review referred to in para 4 above, there may be some cases, where the disciplinary case/criminal prosecution against the Government servant is not concluded even after the expiry of two years from the date of the meeting of the first DPC, which kept its findings in respect of the Government servant in a sealed cover. It is requested that the decision referred to in para 2 may be followed by all the State Governments/Union Territory Administration in the cases of officials deputed by them for election duties. Attention is also invited to the Ministry of Home Affairs OM No. 7/1/65-Ests. 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. A doubt has been raised that the minor penalty introduced vide clause (iii a) is also covered under clause (v) of Rule 11 and, therefore, can in some circumstances be treated as a major penalty. Such unduly long suspension while putting the employee concerned to undue hardship, involves payment of subsistence allowance without the employee performing any useful service to the Government. His case for promotion may be considered by the next DPC in the normal course and having regard to the penalty imposed on him. (A) dated the 8th June, 1962]. 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 14.09.1992 cannot be resorted to by the Review DPC if no departmental proceedings or criminal prosecution was pending against the Government servant concerned or he/she was not under suspension at the time of meeting of the original DPC or before promotion of his junior on the basis of the recommendations of the original DPC. (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. (D) dated 20.04.1998], S.O. Rule 27 of the CCS (CCA) Rules, 1965 does not specifically provide for the grant of a personal hearing by the appellate authority to the Government servant before deciding the appeal preferred by him against a penalty imposed on him. In the Committee of National Council (JCM) set up to review the CCS (CCA) Rules, 1965, the Staff Side had expressed the view that the period of deemed suspension on grounds of detention should be treated as duty in all cases where conviction did not follow. (D) dated 30.04.1965 wherein Ministries/Departments were requested to make use of the provision of warning inserted in the Attestation Form for taking action against Government servant furnishing false information at the time of appointment. Cases of promotion of Government servants during the pendency of disciplinary proceedings would be regulated by DOPTs O.M. The sealed cover procedure permits the question of promotion to be kept in abeyance till the result of any pending disciplinary inquiry. Copyright 2020-2021-All rights reserved, CCS CCA 1965 MCQ | CCS CCA (Central Civil Services (Classification, Control & Appeal) Quiz Questions and Answers | Postal Exam MCQ [Set 13], Post Comments In no circumstances should any other penalty be imposed. (2) Not 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 :-. whether any person to whom these rules apply belongs a particular Service. (A) dated the 14th May, 1968). 38/12/59-Ests. (A) dated the 23rd April, 1960]. are aware, clause (b) of sub-rule (1) of rule 16 of the CCS (CCA) Rules, 1965 makes provisions for holding an enquiry in the manner laid down in sub-rules (3) to (23) of rule 14 ibid in every case in which the disciplinary authority is of the opinion that such an inquiry is necessary. F.39/1/69-Ests. 5. (A), dated 14thMay, 2007] Disciplinary . (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. in Rule 11 (iii) of the CCS (CCA) Rules, 1965. A Government servant shall be deemed to have been placed under suspension if he is detained in custody for a period exceeding. He may be promoted notionally with reference to the date of promotion of his junior. [G.I., MHA OM No. (a) the report prepared by it under clause (i). In so far as persons serving in the Indian Audit and Accounts Department are concerned, these amendments have been made in consultation with the Comptroller and Auditor General of India. class="MsoNormal" style="text-align:justify;text-indent:.5in">At present, administrative devices like warning, letter of caution, reprimand etc. In other cases involving less serious offences or involving malpractices of a departmental nature, departmental action only should be taken and the question of prosecution should generally not arise. Previous statements made by a person examined as a witness is not admissible for the purposes of corroboration and access to such statements can safely be denied. Required fields are marked *. Government servant who may be arrested should immediately intimate the fact of his arrest and the circumstances connected therewith to? T`of lmr suho`ss`mg ml wr`ttfg statfofgt ml dflfgef oay hf lurtjfr, fxtfgdfd lmr a pfr`md gmt fxeffd`gi ]]]]]] days at a t`of lmr rfasmgs tm, ugdfr tj`s rucf agd rucf 16, tjf d`se`pc`gary autjmr`ty sjacc draw up mr eausf, (H)a statfofgt ml tjf `oputat`mgs ml o`semgduet mr o`shfjav`mur `g suppmrt, (E)a c`st ml dmeuofgts hy wj`ej, agd a c`st, 6. The principle, however, to be kept in mind is that the penalty imposed upon the civil servant should not be grossly excessive or out of all proportion to the offence committed or one not warranted by the facts and circumstances of the case. 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 often the acquittal may be on technical grounds but the suspension might be fully justified. (A) dated 21.02.1967 wherein it was clarified that departmental action can be taken against Government servant in respect of misconduct committed before his employment. It is not possible to enumerate all the cases in which it would not be reasonably practicable to hold the inquiry. 2. The Government of India note that the Pay Commission have observed that the information available with them does not at all suggest that disciplinary action is taken in far too many cases or that major penalties imposed too freely or that appeals and memorials are dealt with perfunctorily. Where a Government servant is placed under suspension, he has a right of appeal against the order of suspension vide Rule 23 (i) of the CCS (CCA) Rules, 1965. If the officer requests for any official records other than those included in the list, the request should ordinarily be acceded to in the light of what has been stated in para 2 above. (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 regard to an Assistant Accountant General or equivalent (other than a regular member of the Indian Audit and Accounts Service), where the order of suspension is made by an authority lower than the appointing authority, such authority shall forthwith report to the appointing authority the circumstances in which the order was made. 39/8/64-Ests. Short title and commencement (1) These Rules may be called the Central Civil Services (Classification, Control and Appeal) Rules, 1965. It has been decided to consolidate the instructions on the subject. (b) The disciplinary authority is not bound to appoint an Inquiry Officer for conducting an inquiry into the charges which are not admitted by the accused official but about which the disciplinary authority is satisfied on the basis of the written statement of defence that there is no further cause to proceed with.
MCQs on CCS(CCA)Rules 1965|Multiple Choice Questions for all Central Letters 2. 1. Who among the following may place a Government servant under suspension (i) appointing authority (ii) any authority to which appointing authority is subordinate (iii) disciplinary authority (iv) any other authority empowered in that behalf by the President, 2. of Personnel & Training OM No. 9. The inquiring authority may also allow the Government servant to produce new evidence, if it is of the opinion that the production of such evidence is necessary, in the interests of justice. (iv) where a prosecution sanction is not necessary, a charge sheet has been filed in a court of law against him for criminal prosecution. (i) In each Ministry or Department a specified officer or officers of appropriate rank shall be nominated and ear-marked for the purpose of conducting all the departmental inquiries arising within that Ministry/Department. In a recent case, two Government employees working in the same office made complaints against each other. 1/4/2021-E-II (B) Government of India F.No. The reasons for this satisfaction need not be recorded in the order of dismissal, removal or reduction in rank; nor can it be made public. (iv) The term empanelment occurring in para 1 of DOPTs O.M. In process of brining the defects to the notice of person concerned, where an explanation is possible an opportunity to do so should be given. Since a temporary Government servant can sever his connection from a Government service by giving a notice of termination of service under Rule 5 (1) of the Central Civil Services (TS) Rules, 1965, the instructions contained in this Office Memorandum relating to acceptance of resignation will not be applicable in cases where a notice of termination of service has been given by a temporary Government servant. All Ministries/Departments are requested to bring the above instructions to the notice of all disciplinary authorities under their control and ensure that necessary Review Committees are constituted accordingly. (A) dated 6th October, 1976]. (A) dated the 3rd September, 1981]. Where such a warning/displeasure/reprimand is issued, it should be placed in the personal file of the officer concerned. 13,500, A Central Civil post carrying a pay or a scale of pay with a maximum of not less than Rs. (1)Instructions to avoid procedural delays in the disposal discipline cases :-. 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. Provided that where there is a complaint of sexual harassment within the meaning of rule 3 C of the Central Civil Services (Conduct) Rules, 1964, the complaints Committee established in each ministry or Department or Office for inquiring into such complaints, shall be deemed to be the inquiring authority appointed by the disciplinary authority for the purpose of these rules and the Complaints Committee shall hold, if separate procedure has not been prescribed for the complaints committee for holding the inquiry into the complaints of sexual harassments, the inquiry as far as practicable in accordance with the procedure laid down in these rules. When the conduct of a Government Servant is under investigation (by the CBI or by the controlling Department) but the investigation has not reached the stage of issue of charge sheet or prosecution sanction or filing of charge-sheet for criminal prosecution in a court, the application of such a Government servant may be forwarded together with brief comments on the nature of allegations and it should also be made clear that in the event of actual selection of the Government servant, he would not be released for taking up the appointment, if by that time charge sheet for imposition of penalty under CCS (CCA) Rules, 1965 or sanction for prosecution is issued or a charge sheet is filed in a court to prosecute the Government Servant, or he is placed under suspension. (A) dated the 13th December, 1956]. No. This video is on Central Civil Services (Classification, Control and Appeal) Rules, 1965 in short called as CCS (CCA) Rules, 1965.It is most important Rules for all Central. 2 in the Gazette dated January 3, 2004. Deemed Suspension under Rule 10 (2) of the CCS (CCA) Rules, 1965 - Supreme Court decision in the case of Union of India Vs. Rajiv Kumar. As regards invoking clause (b) of the second proviso to Article 311 (2) or any similarly worded service rule, absolute care should be exercised and it should always be kept in view that action under it should not appear to be arbitrary or designed to avoid an inquiry which is quite practicable. Retired Government servants appearing as defence assistants conditions regarding. 4. [M.O.F. The Committee on Sub-ordinate Legislation (Fourth Lok Sabha) have recently examined the question of inquiry officers to conduct oral inquiry into the charges levelled against delinquent officers under CCS (CCA) Rules, 1965. Sub-rule (1) of rule 10 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 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. (d) the Government of India will advise the State Governments that they too should follow the above principles and decisions, since a large number of election officials are under their administrative control.. 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. (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). While the major penalties of compulsory retirement, removal from service and dismissal from service have been included as clauses (vii), (viii) and (ix) of the said rule 11, the penalty reduction to a lower time scale of pay, grade, post or Service has been incorporated therein as clause (vi). Notification No. 2. Such Government servants should also not be sent or allowed to go on deputation or foreign service to posts under an authority in India. 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. 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. [Deptt. [M.H.A. 89% found this document useful, Mark this document as useful, 11% found this document not useful, Mark this document as not useful, Jvjry Imvjra`jat j`pkmyjj ds jxpjntjh tm bovj o, oah ds oksm jatdtkjh tm njrtoda prdvdkjijs. Cross complaints arising out of the same or connected incident or transaction are not uncommon, and occur frequently in criminal cases. Accordingly, A Notification classifying various Civil posts into Groups A, B, C and D based on revised norms of pay scales/pay ranges has been notified in the Official Gazette vide SO 332 (E) dated 20th April, 1998. There would be no bar to proceed simultaneously with departmental inquiry and trial of a criminal case unless the charge in the criminal trial is of grave nature involving complicated questions of fact and law. The apex court has referred to the conclusions given in Para 22 of Captain M. Paul Anthonys case. The disciplinary authority is not expected to dispense with a disciplinary inquiry lightly or arbitrarily or out of ulterior motives or merely in order to avoid the holding of an inquiry or because the Departments case against the civil servant is weak and is, therefore, bound to fail. Therefore, disciplinary proceedings should be closed immediately on the death of the alleged Government servant. Government of Indias orders/decisions : (1) Delegation of powers to Administrator of Goa, Daman and Diu .
CENTRAL CIVIL SERVICE(TEMPORARY) RULES,1965.pdf - Google Drive 4. of Personnel & Training OM No. These reports are not usually made use of or considered in the inquiry. It has been decided that while the orders contained in the Office Memorandum of 4th February, 1971 would continue to be operative in regard to cases pending in courts in respect of the period of suspension pending investigation before the filing of a charge-sheet in the Court as also in respect of serving of the charge sheet on the Government servant in cases of departmental proceedings, in cases other than those pending in courts, the total period of suspension viz., both in respect of investigation and disciplinary proceedings should not ordinarily exceed six months. (i) Cases where continuance in office of the Government servant will prejudice the investigation, trial or any inquiry (e.g. CCS Conduct Rules come into force on a) c) 2. This too has to be done by the disciplinary authority by itself. O.M. 11012/6/2007-Estt. (A) dated 22.12.1964 and OM No. As regards the point raised by the Staff Side that the Departmental Inquiry should be entrusted to an independent impartial body or tribunal, it was clarified that inquiries in disciplinary proceedings against gazetted officers of all grades involving lack of integrity or an element of vigilance are alone entrusted to Commissioner for Departmental Inquiries under the Central Vigilance Commission and other cases of disciplinary proceedings involving purely administrative or technical lapses, are not referred to the said Commissioner. 14. 3003 of 1988 and 889 of 1988) :-. The Honble Supreme Court had held in their various judgements, the important ones being, State of Rajasthan Vs. B.K. O pjaokty uahjr Vukj ?? Some allowances are also granted with reference to the classification of the posts. (A) Dated the 28th July, 2008]. 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.
MCQ ON CCS(CCA) RULES,1965,7TH CPC(PART-4) - YouTube (ii) As soon as occasion arises for taking up such an inquiry, the nominated officer will be relieved of his normal duties to such extent as may be necessary to enable him to devote full and careful attention to the completion of the enquiries and the submission of his report. [Deptt. 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 of representations against them. As regards action under clause (c) of the second proviso to Article 311 (2) of the Constitution, what is required under this clause is the satisfaction of the President or the Governor, as the case may be, that in the interest of the security of the State, it is not expedient to hold an inquiry as contemplated by Article 311 (2). This Department has been receiving references seeking clarification whether disciplinary cases initiated against the Government servant under CCS (CCA) Rules, 1965, would be closed in the event of death or the charged officer during pendency of the proceedings. Therefore, the implication of this OM is to recover the entire loss from the delinquent official but the recovery may be spread over till entire loss is discovered. 4. This will incidentally reduce the delay that usually occurs between the service of the charge-sheet and the submission of the written statement. (i) any offence or conduct involving moral turpitude; (ii) corruption, embezzlement or misappropriation of Government money, possession of disproportionate assets, misuse of official powers for personal gain; (iii) serious negligence and dereliction of duty resulting in considerable loss to Government; (v) refusal or deliberate failure to carry out written orders of superior officers. (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 matters covered by such special provisions. The necessity to record reasons is greater if the order is subject to appeal. The provisions of Rule 14 ibid are merely designed to ensure compliance, with a salutary principle of justice and public policy which has also been incorporated in Article 311 of the Constitution of India viz., that no man should be condemned or punished without a reasonable opportunity to defend himself. 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 appear before the Inquiry Officer within 10 days of receipt of the articles of charge. CCS [CCA] Rules, 1965 govern the disciplinary side of Central Government Employees and its often called as the constitution in service matters. Recovery from the pay of a Government servant of the whole or part of any pecuniary loss caused by him to Government by negligence or breach of orders, or withholding of increments of pay, are also minor penalties laid down in rule 11 of the CCS (CCA) Rules. F.7/16/64-Ests.
PDF The Central Civil Services (Classification, Control and Appeal) Rules, 1965 2 LEARNING OBJECTIVE By the end of the session, you will learn - -the various provisions and the rules relating to suspension and also decide whether a particular incident/case would warrant suspension or not; -about the procedure for imposing minor and major penalties; . Prelim Investigation 6. 7. Thiviya Ramesh. The various factors which may contribute to undue delays and faulty disposal are :-. However, past cases need not be reopened in the light of the aforesaid judgment. On the conclusion of the disciplinary case/criminal prosecution which result in dropping of allegations against the Govt. Circumstances under which a Government servant may be placed under suspension. If the intention of the disciplinary authority is not to award a penalty of censure, then no recordable warning should be awarded. If, however, the documents of which photostat copies are sought for are so vitally relevant to the case (e.g., where the proof of the charge depends upon the proof of the handwriting or a document the authenticity of which is disputed), the Government should itself make photostat copies and supply the same to the Government servant. 8. (ii) The inquiring authority, where it is not itself the disciplinary authority, shall forward to the disciplinary authority the records of inquiry which shall include :-. If for any specific reason the concerned Ministry/Department proposes to classify the posts differently, it would be necessary for that Department to send a specific proposal to Department of Personnel & Training giving full justification in support of the proposal within three months of this OM so that the exceptions to the norms of classification as laid down in S.O. The appointing authority should also consult the Central Bureau of Investigation and take their views into account where the departmental proceedings or criminal prosecution arose out of the investigations conducted by the Bureau. It is, further been provided that wherever an application is moved by a Government servant, against whom disciplinary proceedings are initiated, against the Inquiry Officer on grounds of bias, the proceedings should be stayed and the application referred to the appropriate reviewing authority for considering the matter and passing appropriate orders thereon. Of Personnel & Training OM No. 2. It is, therefore, clarified that para 7 of the O.M. In the Ministry of Home Affairs OM No. An order of Censure is a formal and public act intended to convey that the person concerned has been guilty of some blameworthy act or omission for which it has been found necessary to award him a formal punishment, and nothing can amount to a censure unless it is intended to be such a formal punishment and imposed for good and sufficient reason after following the prescribed procedure. (2A) The disciplinary authority shall consider the representation, if any, submitted by the Government servant and record its findings before proceeding further in the matter as specified in sub-rules (3) and (4). into censure. [Deptt. However, the following circumstances are indicated in which a Disciplinary Authority may consider it appropriate to place a Government servant under suspension. If this part of the reporting officers duty has been properly performed there should be no difficulty about recording adverse entries because they would only refer to the defects which have persisted in spite of reporting officers efforts to have them corrected.
Referencer | Central Civil Services (Classification, Control & Appeal 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 the charged officer. What does CCA in CCS (CCA) Rules,1965 stand for? The amendment has been necessitated by the judgment of the Delhi High Court in the case of Shri R.K.Gupta Vs. Union of India and another (Civil Writ Petition Nos. (19) The inquiring authority may, after the completion of the production of evidence, hear the Presenting Officer, if any, appointed, and the Government servant, or permit them to file written briefs of their respective case, if they so desire. 3. The Staff Side of the Committee of the National Council (JCM) set up to consider revision of CCS (CCA) Rules, 1965 had suggested.
Convention In Atlantic City Today,
Articles M