CCS (CCA) RULES - "Government servant' mean




CENTRAL CIVIL SERVICES (CCA) RULES, 1965

CCS (CCA) RULES - "Government servant' mean


(3)       Clarification about rules 12, 14 etc.

Several points relating to rules 12, 14, 15 and 29 of CCS (CCA) Rules, 1965, are being frequently referred to Home Ministry for clarification.  These points are indicated below and the clarification given against each.

  Points raised


Classification

1. (a)  In cases where the disciplinary authority is the President, whether the case should be shown to the Minister before disciplinary proceedings are initiated.

(a)   Having regard to the Transaction of Business Rules, it is necessary that in cases where the disciplinary authority is the President, the initiation of the disciplinary proceedings should be approved by the Minister.



(b)  Whether it is necessary to show the file to the Minister every time before formal orders are issued in the name of the President, under Rules 14 (2), 14(4), 14(5) etc. of the CCS (CCA) Rules?

(b)  It would be sufficient if Minister’s orders are obtained for taking action ancilliary to the issue of the charge sheet at the stage when the papers are put up to him for initiation of disciplinary proceedings.  However formal orders of the Minister should be obtained at the stage of show cause notice under Rule 15 (4) (i) (b) and at the stage of issuing final orders imposing penalty under Rule 15 (4) (iii).

2. What happens to the disciplinary proceedings started by a disciplinary authority (A) in respect of a Government servant when the latter is transferred to the jurisdiction of another disciplinary authority (B) even though the said Government servant continues to be in the same service?

In such cases it is not necessary for disciplinary authority (B) to start de novo proceedings by framing and delivering fresh articles of charge to the concerned official.  He can carry on with the enquiry proceedings at the point where the transfer of the accused Officer was effected.  If, however, the accused official is transferred to another service then the procedure laid down in Rule 12 (4) (b) of the CCS (CCA) Rules will have to be followed.

[MHA Memo No. F.39/1/69-Ests.(A) dated the 16th April, 1969]

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