Central Civil Services (Classification Control and Appeal) Rules, 1965
Part I
General
Rule 1. Short title and commencement.
(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.
Rule 2. Interpretation.
In the 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 permanent post, has been in continuous employment of the Government, the authority which appointed him to that service or to any grade in that service or to that post, whichever authority as the highest authority.
Rule 3. Application.
(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 Volume I of the Indian Railways Establishment Code;
(b) any member of 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 matters covered by such special provisions.
(2) Notwithstanding anything contained in Sub-rule (1), the President may by order exclude any class of Government servants from the operation of all or any of these rules.
(3) Notwithstanding anything contained in Sub-rule (1), or the Indian Railways Establishment Code, these rules shall apply to every Government servant temporarily transferred to a Service or post coming within exception (a) or (c) in Sub-rule (1), to whom, but for such transfer, these rules would apply.
[(3-A) Notwithstanding anything contained in these rules, where any civilian Government servant in the Defence Services is temporarily made subject to the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957), or the Air Force Act, 1950 (45 of 1950), these rules shall continue to apply to such civilian Government servant in the Defence Services and, for the purpose of discipline, he shall be dealt with under these rules unless the appropriate authority, for reasons to be recorded in writing, is of the opinion that sterner action is called for and directs that he be dealt with under the Act he is subject to.]
(4) If any doubt arises,--
(a) whether these rules or any of them apply to any person, or
(b) whether any person to whom these rules apply belongs to a particular Service the matter shall be referred to the President who shall decide the same.
Part II
Classification
Rule 4. Classification of Services.
(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 grade of such Service may be included in different groups.
Rule 5. Constitution of the Central Civil Services.
The Central Civil Service, Group A, Group B, Group C and Group D shall consists of the Services and grades of Services specified in the Schedule.
Rule 6. Classification of Posts.
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;
Rule 6-A. Reference to Central Civil Services and Central Civil Posts.
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.
Rule 7. General Central Service.
Central Civil Posts of any class not included in any other Central Civil Service shall be deemed to be included in the General Central Service of the corresponding class 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 class.
Part III
Appointing Authority
Rule 8. Appointments to Class I Services and Posts.
All appointments to Central Civil Services, Class I and Central Civil Posts, Class I, 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.
Rule 9. Appointments to other Services and Posts.
(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.
PART IV
SUSPENSION
Rule 10. Suspension.
(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 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.
(2) A Government servant shall be deemed to have been placed under suspension by an order of appointing authority -
(a) with effect from the date of his detention, if he is detained in custody, whether on a criminal charge or otherwise, for a period exceeding forty-eight hours;
(b) with effect from the date of his conviction, if, in the event of a conviction for an offence, he is sentenced to a term of imprisonment exceeding forty-eight hours and is not forthwith dismissed or removed or compulsorily retired consequent to such conviction.
Explanation - The period of forty-eight hours referred to in clause (b) of this sub-rule shall be computed from the commencement of the imprisonment after the conviction and for this purpose, intermittent periods of imprisonment, if any, shall be taken into account.
(3) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a Government servant under suspension is set aside in appeal or on review under these rules and the case is remitted for further inquiry or action or with any other directions, the order of his suspension shall be deemed to have continued in force on and from the date of the original order of dismissal, removal or compulsory retirement and shall remain in force until further orders.
(4) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a Government servant is set aside or declared or rendered void in consequence of or by a decision of a Court of Law and the disciplinary authority, on a consideration of the circumstances of the case, decides to hold a further inquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the Government servant shall be deemed to have been placed under suspension by the Appointing Authority from the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders :
Provided that no such further inquiry shall be ordered unless it is intended to meet a situation where the Court has passed an order purely on technical grounds without going into the merits of the case.
(5)????? (a) An order of suspension made or deemed to have been made under this rule shall continue to remain in force until it is modified or revoked by the authority competent to do so.
(b) ??Where a Government servant is suspended or is deemed to have been suspended (whether in connection with any disciplinary proceeding or otherwise), and any other disciplinary proceeding is commenced against him during the continuance of that suspension, the authority competent to place him under suspension may, for reasons to be recorded by him in writing, direct that the Government servant shall continue to be under suspension until the termination of all or any of such proceedings.
(c) ??An order of suspension made or deemed to have been made under this rule may at any time be modified or revoked by the authority which made or is deemed to have made the order or by any authority to which that authority is subordinate.
PART V
Penalties and Disciplinary Authorities
Rule 11. Penalties.
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;
(iiia) reduction to a lower stage in the time-scale of the pay for a period not exceeding 3 years without cumulative effect and not adversely affecting his pension;
(iv) withholding of increments of pay;
Major penalties--
(v) save as otherwise provided for in clause (iii-a), reduction to a lower stage in the time-scale of pay for a specified period, with further directions as to whether or not the period, with further directions as to whether or not the Government Servant will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction will or will not have the effect of postponing the future increments of his pay; (vi) reduction to a lower time-scale of pay, grade, post or service which shall ordinarily be a bar to the promotion of the Govern?ment Servant to the time-scale of pay, grade, post or service from which he was reduced, with or without further directions, regarding conditions of restoration to the grade or post or service from which the Government Servant was reduced and his seniority and pay on such restoration to that grade, post or service; (vii) compulsory retirement;
(vi) removal from service which shall not be a disqualification for future employment under the Government;
(vii) dismissal from service which shall ordinarily be a disquali?fication for future employment under the Government:
Provided that, in every case, in which the [1][the charge of possession of assests disproportionate to known sources of income or the charge of accep?tance] 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 :
Provided further that in any exceptional case and for special reasons recorded in writing, any other penalty may be imposed.[2]
Explanation.--The following shall not amount to a penalty within the meaning of this rule, namely :
(i) withholding of increments of pay of a Government Servant for his failure to pass any departmental examination in accordance with the rules or orders governing the service to which he belongs or post which he holds or the terms of his appointment;
(ii) stoppage of a Government Servant at the efficiency bar in the time-scale of pay on the ground of his unfitness to cross the bar;
(iii) non-promotion of a Government Servant, whether in a substan?tive or officiating capacity, after consideration of his case, to a service, grade or post for promotion to which he is eligible;
(iv) reversion of a Government Servant officiating in a higher service, grade or post to a lower service, grade or post, on the ground that he is considered to be unsuitable for such higher service, grade or post or on any administrative ground unconnected with his conduct;
(v) reversion of a Government Servant, appointed on probation to any other service, grade or post, to his permanent service, grade or post during or at the end of the period of probation in accordance with the terms of his appointment or the rules and orders governing such probation;
(vi) replacement of the services of a Government Servant, whose service had been borrowed from a State Government or any authority under the control of a State Government, at the disposal of the State Government or the authority from which the services of such Government Servant had been borrowed.
(vii) compulsory retirement of a Government Servant in accordance with the provisions relating to his superannuation or retirement;
(viii) termination of the services?
(a) of a Government Servant appointed on probation, during or at the end of the period of his probation, in accordance with the terms of his appointment or the rules and orders governing such probation, or
(b) of a temporary Government Servant in accordance with the provisions of sub-rule (1) of Rule 5 of the Central Civil Services (Temporary Service) Rules, 1965, or
(c) of a Government Servant, employed under an agreement, in accordance with the terms, of such agreement.
Rule 12. Disciplinary Authorities.
(1) The President may impose of 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 generator special order of the President or, where no such order has been made, by the appointing authority or the authority specified in the Schedule in this behalf.
(3) Subject to the provisions of Sub-rule(4), the power to impose any of the penalties specified in Rule 11 may also be exercised, in the case of a member of a Central Civil Service, Class III (other than the Central Secretariat Clerical Service), or a Central Civil Service, Class IV,---
(a) if he is serving in a Ministry or Department of the Government of India, by the Secretary to the Government of India, in that Ministry or Department, or
(b) if he is serving in any other office, by the head of that office, except where the head of the office is lower in rank than the authority competent to impose the penalty under Sub-rule (2).
(4) Notwithstanding anything contained in this rule?
(a) except where the penalty specified in Clause (v) or Clause (vi) of Rule 11 is imposed by the Comptroller and Auditor-General on a member of the Indian Audit and Accounts Service, no penalty specified in Clauses (v) to (ix) of that rule shall be imposed by any authority subordinate to the appointing authority;
(b) where a Government servant who is a member of a Service other than the General Central Service or who has been substantively appointed to any civil post in the General Central Service, is temporarily appointed to any other Service or post, the authority competent to impose on such Government servant any of the penalties specified in Clauses (v) to (ix) of Rule 11 shall not impose any such penalties unless it has consulted such authority, not being an authority subordinate to it, as would have been competent under Sub-rule (2) to impose on the Government servant any of the said penalties had he not been appointed to such other Service or post.
(c) in respect of a probationer undergoing training in Lal Bahadur Shastri National Academy of Administration, the Director of the said Academy shall be the authority competent to impose on such probationer any of the penalties specified in Clauses (i) to (iii) of Rule 11 after observing the procedure laid down in Rule 16.
Explanation 1.--For the purpose of Clause (c), 'probationer' means person appointed to a Central Civil Service on probation.
Explanation 2.--Where a Government servant belonging to a service or holding a Central Civil Post of any class, is promoted, whether on probation or temporarily to the Service or Central Civil Post of the next higher class, he shall be deemed for the purposes of this rule to belong to the Service of, or hold the Central Civil Post of such higher class.
Rule 13. Authority to institute proceedings.
(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.
Part VI
Procedure for Imposing Penalties
Rule 14. Procedure for imposing major Penalties.?
(1) No order imposing any of the penalties specified in Clauses (v) to (ix) of Rule 11 shall be made except after an enquiry 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.
(3) Where it is proposed to hold an inquiry against a Government servant under this rule and Rule 15, the disciplinary authority shall draw up or cause to be drawn up :
(i) the substance of the imputations of misconduct or misbehaviour into definite and distinct articles of charge;
(ii) a statement of the imputations of misconduct or misbehaviour in support of each article of charge, which shall contain :
(a) a statement of all relevant facts including any admission or confession made by the Government servant;
(b) a list of documents by which, and a list of witnesses by whom, the articles of charge are proposed to be sustained.
(4) The disciplinary authority shall deliver or cause to be delivered to the Government servant a copy of the articles of charge, the statement of the imputations of misconduct or misbehaviour and a list of documents and witnesses by which each article of charges is proposed to be sustained and shall require the Government servant to Submit, within such time as may be specified, a written statement of his defence and to state whether he desires to be heard in person.
(5) (a) On receipt or the written statement of defence, the disciplinary authority may itself inquire into such of the articles of charge as are not admitted, or, if it considers it necessary to do so, appoint under Sub-rule (2), an inquiring authority for the purpose, and where all the articles of charge have been admitted by the Government servant in his written statement of defence, the disciplinary authority shall record its findings on each charge after taking such evidence as it may think fit and shall act in the manner laid down in Rule 15.
(b) ??If no written statement of defence is submitted by the Government servant, the disciplinary authority may itself inquire into the articles of charge, or may, if it considers it necessary to do so, appoint, under Sub-rule (2), an inquiring authority for the purpose.
(c) ??Where the disciplinary authority itself inquiries into any article of charge or appoints an inquiring authority for holding any inquiry into such charge, it may be an order, appoint a Government servant or a legal practitioner, to be known as the "Presenting Officer" to present on its behalf the case in support of the articles of charge.
(6) The disciplinary authority shall, where it is not the inquiring authority, forward to the inquiring authority :
(i) a copy of the articles of charge and the Statement of the imputations of misconduct or misbehaviour;
(ii) a copy of the written statement of defence, if any, submitted by the Government servant;
(iii) a copy of the statements of witnesses, if any, referred to in Sub-rule (3);
(iv) evidence providing of the delivery of the documents referred to in Sub-rule (3) to the Government servant; and
(v) a copy of the order appointing the 'presenting officer'.
(7) The Government servant shall appear in person before the Inquiring authority on such day and at such time within ten working days from the date of receipt by the inquiring authority of the articles of charge and the statement of the imputations of misconduct or misbehaviour, as the inquiring authority may, by notice in writing, specify, in this behalf, or within such further time, not exceeding ten days, as the inquiring authority may allow.
(8) ?[(a) The Government servant may take the assistance of any other Government servant posted in any office either at his headquarters or at the place where the inquiry is held, to present the case on his behalf but may not engage a legal practitioner for the purpose, unless the presenting Officer appointed by the disciplinary authority is a legal practitioner or, the disciplinary authority, having regard to the circumstances of the case, so permits :
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."
Note.--The Government servant shall not take the assistance of any other Government servant who has [three pending disciplinary cases on hand in which he has to give assistance.
(b) ?The Government servant may also take the assistance of a retired Government servant to present the case on his behalf, subject to such conditions as may be specified by the President from time to time by general or special order in this behalf.
(9) If the Government servant who has not admitted any of the articles of charge in his written statement of defence or has not submitted any written statement of defence appears before the inquiring authority, such authority shall ask him whether he is guilty or has any defence to make and if he pleads guilty to any of the articles of charge the inquiring authority shall record the plea, sign the record and obtain the signature of the Government servant thereon.
(10) The inquiring authority shall return a finding of guilt in respect of those articles of charge to which the Government servant pleads guilty.
(11) The inquiring authority shall, if the Government servant fails to appear within the specified time or refuses or omits to plead, require the Presenting Officer to produce the evidence by which he proposes to prove the articles of charge, and shall adjourn the case to a latter date not exceeding thirty days, after recording an order that the Government servant may, for the purpose of preparing his defence :
(i) inspect within five days of the order or within such further time not exceeding five days as the inquiring authority may allow the documents specified in the list referred to in Sub-rule (3);
(ii) submit a list of witnesses to be examined on his behalf;
Note.--If the Government servant applies orally or in writing for the supply of copies of the statements of witnesses mentioned in the list referred to in Sub-rule (3), the inquiring authority shall furnish him with such copies as early as possible and in any case not later than three days before the commencement of the examination of the witnesses on behalf of the disciplinary authority.
(iii) give a notice within ten days of the order or within such further time not: exceeding ten days as the inquiring authority may allow for the discovery of production of any documents which are in the possession of Government but not mentioned in the list referred to in Sub-rule (3).
Note.--The Government servant shall indicate the relevance of the documents required by him to be discovered or produced by the Government.
(12) The inquiring authority shall on receipt of the notice for the discovery or production of documents, forward the same or copies thereof to the authority in whose custody or possession the documents are kept, with a requisition for the production of the documents by such date as may be specified in such requisition :
Provided that the inquiring authority may, for reasons to be recorded by it in writing, refuse to requisition such of the documents as are, in its opinion, not relevant to the case.
(13) On receipt of the requisition referred to in Sub-rule (12), every authority having the custody or possession of the requisitioned documents shall produce the same before the inquiring authority :
Provided that if the authority having the custody or possession of the requisitioned documents is satisfied for reason to be recorded by it in writing that the production of all or any of such documents would be against the public interest or security of the State, it shall inform the inquiring authority accordingly and the inquiring authority shall, on being so informed, communicate the information to the Government servant and withdraw the requisition made by it for the production or discovery of documents.
(14) On the date fixed for the inquiry, the oral and documentary evidence by which the articles of charge are proposed to be proved shall be produced by or on behalf of the disciplinary authority. The witnesses shall be examined by or on behalf of the Presenting Officer and may be cross examined by or on behalf of the Government servant. 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 inquiring authority may also put such questions to the witnesses as it thinks fit,
(15) If it shall appear necessary before the close of the case on behalf of the disciplinary authority, the inquiring authority may, in its discretion, allow the Presenting officer to produce evidence not included in the list given to the Government servant or may itself call for new evidence or recall and re-examine any witness and in such case the Government servant shall be entitled to have, if he demands it, a copy of the list of further evidence proposed to be produced and an adjournment of the inquiry for three clear days before the production of such new evidence, exclusive of the day of adjournment and the day to which the inquiry is adjourned. The inquiring authority shall give the Government servant an opportunity of inspecting such documents before they are taken on the record. 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.
Note.--New evidence shall not be permitted or called for or any witness shall not be recalled to fill up any gap in the evidence. Such evidence may be called for only when there is an inherent lacuna or defect in the evidence which has been produced originally.
(16) When the case for the disciplinary authority is closed, the Government shall be required to state his defence, orally or in writing, as he may prefer. If the defence is made orally, it shall be recorded and the Government servant shall be required to sign the record In either case, a copy of the statement of defence shall be given to the Presenting Officer if any, appointed.
(17) The evidence on behalf of the Government servant shall then be produced. The Government servant may examine himself in his own behalf if he so prefers. The witnesses produced by the Government servant shall then be examined and shall be liable to cross-examination, re-examination and examination by the inquiring authority according to the provisions applicable to the witnesses for the disciplinary authority.
(18) The inquiring authority may, after the Government servant closes his case, and shall, if the Government servant has not examined himself generally question him on the circumstances appearing against him in the evidence for the purpose of enabling the Government servant to explain any circumstances appearing in the evidence against him.
(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,
(20) If the Government servant to whom a copy of the articles of charge has been delivered, does not submit the written statement of defence on or before the specified for the purpose or Joes not appear in person before the inquiring authority or otherwise fails or refuses to comply with the provisions of this rule, the inquiring authority may hold the inquiry ex parte.
(21) (a) Where a disciplinary authority competent to impose any of the penalties specified in Clauses (i) to (iv) of Rule 11 (but not competent to impose any of penalties specified in Clauses (v) to (ix) of Rule 11), has itself inquired into or caused to be inquired into the articles of any charge and that authority, having regard to its own findings or having regard to its decision on any of the findings of any inquiring authority appointed by it is of the opinion that the penalties specified in Clauses (v) to(ix) of Rule 11 should he imposed on the Government servant, that authority shall forward the records of the inquiry to such disciplinary authority as is competent to impose the last mentioned penalties.
(b) ??The disciplinary authority to which the records are to forwarded may act on the evidence on the record or may if it is of the opinion that further examination of any of the witnesses is necessary in the interests of justice, recall the witness and examine, and cross-examine and re-examine the witness and may impose on the Government servant such penalty as it may deem fit in accordance with these rules.
(22) Whenever any inquiring authority after having heard and the whole or any part of the evidence in an inquiry ceases to exercise jurisdiction therein, and is succeeded by another inquiring authority which has, and which exercises, such jurisdiction, the enquiring authority so succeeding may act on the evidence so recorded by its predecessor, or partly recorded by its predecessor and partly recorded by itself :
Provided that if the succeeding inquiry authority is of the opinion that further examination of any of the witness whose evidence has already been recorded is necessary in the interests of justice, it may recall, examine, cross-examine and re-examine any such witnesses hereinbefore provided.
(23) ?(i) After the conclusion of the inquiry, a report shall be prepared and it shall contain--
(a) the articles of charge and the statement of the imputations of misconduct or misbehaviour;
(b) the defence of the Government servant in respect of each article of charge;
(c) an assessment of the evidence in respect of each article of charge;
(d) the findings on each article or charge and reasons therefor.
Explanation.--If in the opinion of the inquiring authority the proceedings of the inquiry establish any article of charge different from the original article of the charge, it may record its finding on such article of charge :
Provided that the findings on such article of charge shall not be recorded unless the Government servant has either admitted the facts on which such article of charge is based or has had a reasonable opportunity of defending himself against such article of charge.
(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--
(a) the report prepared by it under Clause (i);
(b) the written statement of defence, if any, submitted by the Government servant;
(c) the oral and documentary evidence produced in the course of the enquiry;
(d) written briefs, if any, filed by the Presenting Officer or the Government servant or both during the course of the inquiry; and
(e) the orders, if any made by the disciplinary authority and the inquiring authority in regard to the inquiry.
Standard form of Charge-Sheet for Major Penalties
[Rule 14 of Central Civil Services (Classification, Control and Appeal) Rules]
No............................................?...
Government of India................?
Dated........................................?
MEMORANDUM
1. The President/undersigned proposes to hold an inquiry against Shri......................... under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. The substance of the imputations of misconduct or misbehaviour in respect of which the inquiry is proposed to be held is set out in the enclosed statement of articles of charge (Annexure-I). A statement of the imputations of misconduct or misbehaviour in support of each article of charge is enclosed (Annexure-II). A list of documents by which, and a list of witnesses by whom, the article of charge are proposed to be sustained are also enclosed (Annexure-III and IV).
2. Shri..........................................is directed to submit within 10 days of the receipt of this Memorandum a written statement of his defence and also to state whether he desires to be heard in person.
3. He is informed that an inquiry will be held only in respect of those articles of charge as are not admitted. He should, therefore, specifically admit or deny each article of charge.
4. Shri..................................................is further informed that if he does not submit his written statement of defence on or before the date specified in para 2 above, or does not appear in person before the inquiring authority or otherwise fails or refuses to comply with the provisions of Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 or the orders directions issued in pursuance of the said rule, the inquiring authority may hold the inquiry against him ex parte.
5. Attention of Shri.............................................is invited to Rule 20 of the Central Civil Services Conduct Rules, 1964, under which no Government servant shall bring or attempt to bring any political or outside influence to bear upon any superior authority to further his interest in respect of matters pertaining to his service under the Government. If any representation is received on his behalf from another person in respect of any matter dealt with in these proceedings it will be presumed that Shri............................................is aware of such a representation and that it has been made at his instance and action will be taken against him for violation of Rule 20 of the Central Civil Services (Conduct) Rules, 1964.
6. The receipt of the Memorandum may be acknowledged.
[3](By order and in the name of the President)
(?????????? [4]?????????????????????????????????????????????????????????????????????????? )
Name and designation of Competent Authority
To,
Shri........................................
????????????????..
[5]ANNEXURE I
Statement of articles of charge framed against Shri.............................. (name and designation of the Government servant).
Article I
That the said Shri...............................................................while functioning as ............................................during the period.............................................
Article 11
That during the aforesaid period and while functioning in the aforesaid office, the said Shri..................................................
Article III
That during the aforesaid period and while functioning in the aforesaid office, the said
Shri..........................................
[6]ANNEXURE II
Statement of imputation of misconduct of misbehaviour in support of the articles of charge framed against Shri............................................... (name and designation of the Government servant).
Article I
Article II
Article III
__________________
[7]ANNEXURE III
List of documents by which the articles of charge framed against Shri................. (name and designation of the Government servant) are proposed to be sustained.
[8]ANNEXURE IV
List of witnesses by whom the articles of charge framed against Shri.................. (name and designation of the Government servant) are proposed to be sustained.(??)
(1)
Standard form of order relating to appointment of Board of Inquiry
[Rule 14 (2) of Central Civil Services (Classification, Control and Appeal) Rules, 1965]
No...........................?????
Government of India ..............
Ministry of ......................??.
(Place of Issue.............................???????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????? Dated ....................................)
ORDER
WHEREAS an inquiry under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, is being held against Shri.............................. (name and designation of the Government servant).
AND WHEREAS the President/the undersigned considers that a Board of Inquiry should be appointed to inquire into the charges framed against the said Shri...................
NOW, THEREFORE, the President/the undersigned, in exercise of the powers conferred by Sub-rule (2) of the said rule, hereby appoints--
a Board of Inquiry consisting of:
1 |
|
2 |
(Here enter name and designation of Member of the Board of |
3 |
Inquiry). |
|
[9](By order and in the name of the President) Signature : Designation of the Competent Authority |
Copy to (name and designation of the Government servant).
Copy to (name and designation of the member of the Board of Inquiry).
[10]Copy to (name and designation of the leading authority) for information.
(2)
Standard form of order relating to appointment of Inquiring Authority
[Rule 14 (2) of Central Civil Services (Classification, Control and Appeal) Rules, 1965]
No..............................................?
Government of India..................
Ministry of .................................
(Place of Issue.............................??????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????? Dated?..................................)
WHEREAS an inquiry under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, is being held against Shri................................. (name and designation of the Government servant).
AND WHEREAS the President/the undersigned considers that an Inquiring Authority should be appointed to inquire into the charges framed against the said Shri...................
NOW, THEREFORE, the President/the undersigned, in exercise of the powers conferred by Sub-rule (2) of the said rule, hereby appoints Shri.............................. (name and designation of the Inquiring Officer) as the Inquiring Authority to inquire into the charges framed against the said Shri............................................................
|
[11](By order and in the name of the President) Signature : Designation of the Competent Authority |
Copy to (name and designation of the Inquiring Authority).
[12]Copy to (name and designation of the leading authority, where necessary) for information.
(3)
Standard form of order relating to appointment of Inquiry Officer
In place of Inquiry Officer originally appointed
[Rule 14 (2) read with Rule 14 (22)]
No.................................................
Government of India..................
Ministry of .................................
(Place of Issue.............................??????????????????????????????????????????????????????????????????????????????????? ????????????????????????????????????????????Dated..........................................)
ORDER
WHEREAS an inquiry under Rule 14 of the Central Civil Services (Classification,. Control and Appeal) Rules, 1965, is being held against Shri.,............................... (name and designation of the Government servant facing enquiry).
WHEREAS Shri.................................................. .(name and designation of the authority who wax holding inquiry) was appointed Inquiring Authority to inquire into the charges against Shri....................................... (Name and designation of the. Government servant facing inquiry), vide Order No..............................., dated ................................. (give the No. and date of the previous Order).
AND WHEREAS Shri ................................................................... (name of the previous Inquiry Officer) after having heard and recorded the whole/part of the evidence has since been transferred/is not available and it is necessary to appoint another officer as Inquiring Authority to inquire into the charges against Shri...........................
NOW, THEREFORE, the President/the undersigned in exercise of the powers conferred by Sub-rule (2) read with Sub-rule (22) of Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, hereby appoints Shri........................ (name and designation of the new Inquiring Authority) as Inquiring Authority to inquire into the charges framed against the said Shri............................................ (name of the Government servant facing the enquiry) vide Shri..................... (name of the previous Inquiry Officer).
|
[13](By order and in the name of the President) Signature : Designation of the Competent Authority |
Copy to :
1. Name and designation of the Government servant.
2. Inquiring Authority.
(4)
Standard form of order relating to appointment of Presenting Officer
[Rule 14 (5) (c)]
No.?..............................................
Government of India................?
(Name and Department)...........?
(Place of Issue.............................????????????????????????????????????????????????????????????????????????????????????????? ?????????????????????????????????Dated..........................................)
ORDER
WHEREAS an inquiry under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, is being held against Shri....................................... (name and designation of the accused officer).
AND WHEREAS the [14]President/undersigned considers that a Presenting Officer should be appointed to present on behalf of the [15]President/undersigned the case in support of the articles of charge.
NOW, THEREFORE, the President/undersigned in exercise of the powers conferred by Sub-rule (5) (c) of Rule 14 of the said rules, hereby appoints Shri........................... (name and designation of Presenting Officer) as the Presenting Officer.
|
[16](By order and in the name of President) Disciplinary Authority/[17]Authority Competent to authenticate order in the name of President |
Copy to :
1. The Presenting Officer.
2. The Accused Officer.
3. The Inquiry Officer.
[18][4. Copy for information and necessary action reference to their letter No. ..............
Disciplinary Authority[19] to authenticate order in
(5)
Standard form of show-cause notice for Imposing penalty to be issued on the Government servant on his conviction
No..............................................??..
Government of India.........................
Ministry of ..................................?..
Dated...........................................?...
WHEREAS Shri (here enter name and designation of the Government servant) has been convicted on a criminal charge under section (here enter the section or sections under which the Government servant was convicted) of (here enter the name of the statute concerned) and has been awarded a sentence of (here enter the sentence awarded by the Court);
AND WHEREAS the undersigned proposes to award an appropriate penalty under Rule 19 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 taking into account the gravity of the criminal charges;
AND WHEREAS before coming to a decision about the quantum of penalty Shri (here enter name of the convicted official) was given an opportunity of personal hearing to explain the circumstances why penal action should not be taken against him in pursuance of the provisions of Rule 19 ibid;
AND WHEREAS on a careful consideration of the inquiry report (copy enclosed), the President/undersigned has provisionally come to the conclusion that Shri (here enter the name of the official) is not a fit person to be retained in service/the gravity of the charge is such as to warrant the imposition of a major/minor penalty and accordingly proposes to impose on him the penalty of (here enter the proposed penalty);
NOW, THEREFORE, Shri (here enter the name of the official) is hereby given an opportunity of making representation on the penalty proposed above. Any representation which he may wish to make against the penalty proposed will be considered by the undersigned. Such a representation, if any, should be made in writing and submitted to as to reach the undersigned not later than fifteen days from the date of receipt of this memorandum by Shri (here enter the name of Government servant).
The receipt of this memorandum should be acknowledged.
(Name and designation of the competent authority)
Note.--In the above form, portions not required should be struck out according to the circumstances of each case.
(6)
Form of order for imposing penalty on the Government servant on his conviction
No.....................????????..
Government of India........................
Ministry of ..........................???.
Dated....................................???.
ORDER
WHEREAS Shri (here enter name and designation of the Government servant) has been convicted on a criminal charge under Section (here enter the section or sections under. which the Government servant was convicted) of (here enter the name of the statute concerned);
AND WHEREAS it is considered that the conduct of the said Shri (here enter the name and designation of the Government servant) which has led to his conviction is such as to render his further retention in the public service undesirable/the gravity of the charge is such as to warrant the imposition of a major/minor penalty;
AND WHEREAS Shri (here enter name of the official) was given an opportunity of personal hearing and offer his written explanation;
AND WHEREAS the said Shri (here enter the name of the official) has given a written explanation which has been duly considered by the President/undersigned;
NOW, THEREFORE, in exercise of the powers conferred by Rule 19 (i) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, and in consultation with the Union Public Service Commission, the President/undersigned hereby dismisses/removes the said Shri (here enter the name arid designation of the Government servant) shall be compulsorily retired from service with effect from (here enter date of dismissal/removal/compulsory retirement)/impose the penalty of (here enter the penalty).
Station :
Date: |
Disciplinary Authority |
Note.--In the above form, portions not required should be struck out according to the circumstances of each case.
(7)
Standard form of order for holding departmental enquiry on appeal being decided in favour of the Government servant
No..............................................?
Government of India..................
Ministry of .................................
Dated........................................?
ORDER
WHEREAS Shri (here enter name and designation of the Government servant) was dismissed/removed/compulsorily retired from service with effect from (here enter the date of dismissal/removal or compulsory retirement) on the ground of conduct which led to his conviction on a criminal charge;
OR
WHEREAS the penalty of (name of the penalty imposed) was imposed on Shri (here enter the name and designation of the Government servant) on the ground of conduct which led to his conviction on a criminal charge;
AND WHEREAS the said conviction has been set aside by a competent Court Of law and the said Shri (here enter the name and designation of the Government servant) has been acquitted of the said charge;
AND WHEREAS in consequence of such acquittal the President/undersigned has decided that the said order of dismissal/ removal/compulsory retirement/imposing the penalty of (here enter the name of the penalty) should be set aside;
AND WHEREAS the President/undersigned on a consideration of the circumstances of the case has also decided that a further inquiry should be held under the provisions of Central Civil Services (Classification, Control and Appeal) Rules, 1965, against the said Shri (here enter name and designation of the Government servant) on the allegations which led to his dismissal/compulsory retirement from service/the imposing of the penalty of (here enter the name of penalty imposed)
NOW, THEREFORE, the President/undersigned hereby--
(i) sets aside the said order of dismissal/removal/compulsory retirement from service/imposing the penalty of (here enter the name of the penalty imposed);
(ii) directs that a further enquiry should be held under the provisions of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, against Shri............................................ (here enter the name of the Government servant) on the allegations which led to his dismissal/removal/compulsory retirement from service/imposing of the penalty of (here enter the name of the penalty imposed);
[20](iii) directs that the said Shri.............................................................. (here enter the name of the Government servant) shall, under Sub-rule (4) of Rule 10 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, be deemed to have been placed under suspension with effect from (here enter the date of the dismissal or removal or compulsory retirement from service), and shall continue to remain under suspension until further orders.
Station :
Date: |
Disciplinary Authority |
(8)
Standard form of order for setting aside order of punishment on appeal being decided in favour of the Government servant
No....................................???..
Government of India..................
Ministry of .....................???.
(Place of Issue.............................??????????????????????????????????????????????????????????????????????????????????????????????????????????????? Dated..........................)
ORDER
WHEREAS Shri (here enter name and designation of the Government servant) was dismissed/removed/compulsorily retired from service with effect from (here enter the date of dismissal/removal or compulsory retirement) on the ground of conduct which led to his conviction on a criminal charge;
OR
WHEREAS the penalty of (here enter the name of the penalty) was imposed on Shri (here enter the name and designation of the Government servant) on the ground of conduct which led to his conviction on a criminal charge;
AND WHEREAS the said conviction has been set aside by a competent Court of law and the said Shri (here enter the name and designation of the Government servant) has been acquitted of the said charge;
NOW, THEREFORE, the President/undersigned hereby sets aside the order of dismissal/ removal/compulsory retirement from service/imposing the penalty of (name of the penalty imposed).
Station :
Date: |
Disciplinary Authority |
(9)
Form for summoning public servant/private individuals as witness
No.............................................?
Government of India..................
Ministry of .................................
(Place of Issue.............................?????????????????????????????????????????????????????????????????????????????? ???????????????????????????????????????????Dated....................................)
To
Sir,
I am the Inquiring Authority in the proceedings against Shri................................. Your evidence is considered material. I request you to appear before me on............................at...................... (time and place)......................................... You are/are not likely to be required to stay at the place for more than a day.
Yours faithfully,
(Inquiring Officer)
[21]Copy to......................with the request to permit the official mentioned above to attend the enquiry on these dates.
(Inquiring Officer)
(10)
Form of certificate by Inquiry Officer for witnesses
This is to certify that Shri (name, designation, office, etc.), appeared before me as a witness on..............................at (place) .................................. in the departmental inquiry against Sri (name, designation, etc.), and was discharged on ......................... at (time)..................................
Nothing has been paid to him on account of his travelling and other expenses.
Place:
Date:
|
(Signature) Disciplinary Authority/Board of Inquiry Inquiring Officer |
Copy forwarded for information to the Ministry/Department of ........................ /Secretary to the Government "of (name of State Government)................................ Department.
(11)
Form of Certificate by Inquiring Officer to the Presenting Officer Defence Assistant
This is to certify that Shri (name, designation, office, etc.), attended the proceedings in the departmental inquiry against Shri (name, designation, etc.), to present the case in support of the charges/to assist the said Shri (name)....................................... in presenting his case on..................................... at (place) ....................................... Nothing has been paid to him on account of his travelling and other expenses.
Place :
Date :
|
(Signature) Disciplinary Authority/Board of Inquiry Inquiring Officer |
Copy forwarded for Information to the Ministry of/Department of............................
Rule 15. Action on the inquiry report.
(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.
[22][(1-A) 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 of where the disciplinary authority is not the inquiring authority a copy of the report of the inquiring authority to the Government servant who shall be required to submit, if he so desires, his written representation or submission to the disciplinary authority within fifteen days, irrespective of whether the report is favourable or not to the Government servant.
(1-B) The disciplinary authority shall consider the representation, if any, submitted by the Government servant before proceeding further in the manner specified in sub-rules (2) to (4).]
Rule 16. Procedure for imposing minor penalties.
(1) Subject to the provisions of Sub-rule (3) of Rule 15, to order imposing on a Government servant any of the penalties specified in Clauses (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 (23) of Rule 14, in every case in which the disciplinary authority is of the opinion that such inquiry is necessary;
Standard form of memorandum of charge for minor penalties
[Rule 16 of Central Civil Services (Classification, Control and Appeal) Rules, 1965]
no........................?????...
Government of India...............
Ministry/Office of.............?..
Dated...............................??.
MEMORANDUM
1. Shri.................................... ........(Designation)......................... (Office in which working).......................................is hereby informed that it is proposed to take action against him under Rule 16 of Central Civil Services (Classification, Control and Appeal) Rules, 1965. A statement of the imputations of misconduct or misbehaviour on which action is proposed to be taken as mentioned above is enclosed.
2. Shri...........................................................is hereby given an opportunity to make such representation as he may wish to make against the proposal.
3. If Shri............................................fails to submit his representation within 10 days of the receipt of this Memorandum, it will be presumed that he has no representation to make and orders will be liable to be passed against Shri..................... ex pane.
4. The receipt of this Memorandum should be acknowledged by Shri....................
|
[23](By order and in the name of the President) [24]Signature Name and designation of Competent Authority |
To,
Shri...........................................
...........................................
Standard form for initiation of minor penalty proceedings (in cases where disciplinary authority decides to hold the inquiry)
[Rule 16 of Central Civil Services (Classification, Control and Appeal) Rules, 1965]
No..............................................?
Government of India..................
Department/Office.....................
(Place of Issue.............................??????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????????? Dated.........................................)
MEMORANDUM
1. In continuation of Memorandum No............................ dated................ issued under Rule 16 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, the President/undersigned is of the opinion that it is necessary to hold an enquiry against Shri............................................ under Rule 16 (1) (b) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. The substance of the imputation of misconduct or misbehaviour in respect of which the inquiry is proposed to be held is set out in the enclosed statements of article of charge (Annexure I). A statement of the imputation of misconduct or misbehaviour in support of each article of charge is enclosed (Annexure II). A list of documents by which and a list of witnesses by whom the article of charge are proposed to be sustained are also enclosed (Annexures III and IV).
2. Shri.............................Is directed to submit within ten days of the receipt of this Memorandum a written, statement of his defence and also to state whether he desires to be heard in person.
3. He is informed that an inquiry will be held only in respect of those articles of charge as are not admitted. He, should, therefore, specifically admit or deny each article of charge.
4. Shri............................................is further informed that if he does not submit his written statement of defence on or before the date specified in para 2 above, or does not appear in person before the Inquiring Authorities or otherwise fails or refuses to comply with the provisions of Rules 14 and 16 of the Central Civil Services (Classification Control and Appeal) Rules, 1965, or the orders/directions issued in pursuance of the said Rule, the Inquiring Authority may hold the inquiry against him ex pane.
5. Attention of Shri........................................................is invited to Rule 20 of the Central Civil Services (Conduct) Rules, 1964, under which no Government servant shall bring or attempt to bring any politico] or outside influence to bear upon any superior authority to further his interests in respect of matters pertaining to his service under Government. If any representation is received on his behalf from another person in respect of any matter dealt with in these proceedings, it will be presumed that Shri................... is aware of such a representation and that it has been made at his instance and action will be taken against him for violation of Rule 20 of Central Civil Services (Conduct) Rules, 1964.
6. Receipt of this Memorandum may be acknowledged.
(By order and the name of President) Signature Name and designation of Competent Authority |
Rule [17. Communication of orders.
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 of such non-acceptance.][25]
Rule 18. Common Proceedings.?
(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.
(1)
Standard form of order for taking disciplinary action in Common Proceedings
[Rule 18 of Central Civil Services (Classification, Control and Appeal) Rules, 1965]
no.............................................?
Government of India..................
Ministry of ..........................??
Dated....................................??
ORDER
WHEREAS the Government servants specified below are jointly concerned in a disciplinary case :
Shri............................................................................................................................................................................
Shri............................................................................................................................................................................
Shri............................................................................................................................................................................
[26]NOW, THEREFORE, in exercise of the powers conferred by Sub-rules (1) and (2) of Rule 18, Central Civil Services (Classification, Control and Appeal) Rules, 1965, the President/the undersigned hereby directs--
(i) that disciplinary action against all the said Government servants shall be taken in a common proceeding;
[27](ii) that....................................(name and designation of the authority) shall function as the Disciplinary. Authority for the purpose of the common proceeding and shall be competent to impose the following penalties, namely--
[28](Here specify the penalties)
[29](iii) that the procedure prescribed in Rules[30] 14, 15 and 16 shall be followed in the said proceedings.
[31](By order and in the name of the President) Signature [32]Name and designation of the Competent Authority |
Copy to :
1. Shri........................................ .(Name and Designation)
2. Shri.........................................(Name and Designation)
3. Shri...................................... ...(Name and Designation)
(2)
Standard form for appointment of Presenting Officer in Common Proceedings
[Rule 18 of Central Civil Services (Classification, Control and Appeal) Rules, 1965]
No...................................
Government of India..................
Ministry of..................................
Department of.............................
Dated the ............................??
ORDER
WHEREAS an inquiry under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, is being held against the officers specified below : Shri........................................
Shri.......................................................................................................................................................
Shri.......................................................................................................................................................
Shri.......................................................................................................................................................
WHEREAS common proceedings have been ordered against the officers.
AND WHEREAS the President/undersigned considers it necessary to appoint a Presenting Officer to present the case in support of the articles of charge against the said officers before the Inquiring Authority.
NOW, THEREFORE, the President/undersigned in exercise of the powers conferred by Sub-rule (5) (c) of the said rule, hereby appoints Shri.....................................
(name and designation of the Presenting Officer) as the Presenting Officer to present the case in support of the articles of charge against the said Officers before the Inquiring Authority.
[33]By order and in the name of the President Disciplinary Authority [34]Authority competent to authenticate order in the name of the President |
Copy to :
1. The Accused Officers.
[35]2. Central Bureau of Investigation.
[36]3. Central Vigilance Commission.
4.? ?Inquiring Authority.
5.? ?Presenting officer.
Disciplinary Authority [37]Authority competent to authenticate order in the name of the President. |
(3)
Standard form for appointment of Inquiring Authority in? Common Proceedings
[Rule 18 of Central Civil Services (Classification, Control and Appeal) Rules, 1965]
No................................................??
Government of India........................
Ministry of.....................????...
Dated ..................................???..
ORDER
WHEREAS an inquiry under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, is being held against the officers specified below :
Shri...............................................................................................
Shri...............................................................................................
Shri..............................................................................................
Shri................................................................................................
Shri................................................................................................
WHEREAS common proceedings have been ordered against the said officers.
AND WHEREAS the President/undersigned considers that the Inquiring Authority should be appointed to inquire into the charges framed against the said Officers.
NOW, THEREFORE, the President/the undersigned in exercise of the powers conferred by Sub-rule (2) of the said rule; hereby appoint Shri.....................................
(name and designation of the Inquiring Officer) as the Inquiring Authority to inquire into the charges framed against the said Officers.
By order and in the name of President Disciplinary Authority competent to authenticate order in the name of the President |
Rule19. Special Procedure in certain cases.
Notwithstanding anything contained in Rule 14 to Rule 18 :
(i) where any penalty is imposed on a Government servant on the ground of conduct which had led to his conviction on a criminal charge, or
Rule 20. Procedure regarding officers lent to State Government etc.
(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.
(2) In the light of the findings in the disciplinary proceeding conducted against the Government servant?
(i) if the borrowing authority is of the opinion that any of the penalties specified in Clauses (i) to (iv) of Rule 11 should be imposed on the Government servant, it may, after consultation with the lending authority, make such orders on the case as it deems necessary :
Provided that in the event of a difference of opinion between the borrowing authority and the lending authority, the services of the Government servant shall be replaced at the disposal of the lending authority;
(ii) if the borrowing authority is of the opinion that any of the penalties specified in Clauses (v) to (ix) of Rule 11 should be imposed on the Government servant, it shall replace his services at the disposal of the lending authority and transmit it to the proceedings of the inquiry and thereupon the lending authority may, if it is the disciplinary authority, pass such orders thereon as it may deem necessary or, if it is not the disciplinary authority, submit the case to the disciplinary authority which shall pass orders on the case as it may deem necessary :
Provided that before passing any such order the disciplinary authority shall comply with the provisions of Sub-rule (3) and (4) of Rule 15.
Explanation.--The disciplinary authority may make an order under this clause on the record of the inquiry transmitted to it by the borrowing authority or after holding such further inquiry as it may deem necessary, as far as may be, in accordance with Rule 14.
Rule 21. Provision regarding officers borrowed from State Governments, etc.?
(1) Where an order of suspension is made or disciplinary proceedings 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 lending to the order of the suspension of the Government servant or of the commencement of the disciplinary proceedings, as the case may be.
(2) In the light of the findings in the disciplinary proceedings conducted against the Government servant if the disciplinary authority is of 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 in regard to a Government servant serving in the Intelligence Bureau up to the rank of Assistant Central Intelligence Officer, after consultation with the lending authority, pass such orders on the case as it may deem necessary :
(i) Provided that in the event of a difference of opinion between the borrowing authority and the lending authority the services of the Government servant shall be replaced at the disposal of the lending authority;
(ii) if the disciplinary authority is of the opinion that any of the penalties specified in Clauses (v) to (ix) of Rule 11 should be imposed on the Government servant, it shall replace the services of such Government at the disposal of the lending authority and transmit to it the proceedings of inquiry for such action as it may deem necessary.
Part VII
Appeals
Rule 22. Orders against which no appeal lies.?
Notwithstanding 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 inquiry authority in the course of an inquiry under Rule 14.
Rule 23. Orders against which no appeal lies.?
Subject 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;
(v) an order?
(a) stopping him at the efficiency bar in the time-scale of pay on the ground of his unfitness to cross the bar;
(b) reverting him while officiating in a higher service, grade or post to a lower service, grade, or post, otherwise than as a penalty;
(c) reducing or withholding the pension or denying the maximum pension admissible to him under the rules;
(d) determining the subsistence and other allowances to be paid to him for the period of suspension or for the period during which he is deemed to be under suspension or for any portion thereof.
(e) determining his pay and allowances?
(i) for the period of suspension, or
(ii) for the period from the date of his dismissal, removal, or compulsory retirement from service, or from the date of his reduction to a lower service, grade, post lime-scale or stage in a time-scale of pay, to the date of his reinstatement or restoration to his service, grade or post; or
(f) determining whether or not the period from the date of his suspension or from the date of his dismissal, removal, compulsory retirement or reduction to a lower service, grade, post, time-scale of pay or stage in a time-scale of pay to the date of his reinstatement or restoration to his service, grade or post shall be treated as a period spent on duty for any purpose.
Explanation.--In this rule--
(i) the expression 'Government servant' includes a person who has ceased to be in Government service;
(ii) the expression 'pension' includes additional pension, gratuity and any other retirement benefit.
Rule 24. Appellate Authorities.?
(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, Class I or Class II or holder of a Central Civil Post, Class I or Class II,--
(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;
(ii) where such Government servant is or was, a member of a Central Civil Service, Class III or Class IV or holder of a Central Civil Post, Class III or Class IV, to the authority to which the authority making the order appealed against is immediately subordinate.
(2) Notwithstanding anything contained in Sub-rule (1)?
(i) an appeal against an order in a common proceeding held under Rule 18 shall lie to the authority to which the authority functioning as the disciplinary authority for the purpose of that proceeding is immediately subordinate:
[Provided that where such authority is subordinate to the President in respect of a Government servant for whom President is the appellate authority in terms of Sub-clause (b) of Clause (i) of Sub-rule (1), the appeal shall lie to the President w.e.f. 23.1.1982].
(ii) where the person who made the order appealed against becomes, by virtue of his subsequent appointment or otherwise, the appellate authority in respect of such order, an appeal against such order shall lie to the authority to which such person is immediately subordinate.
[(3) ?A Government servant may prefer an appeal against an order imposing any of the penalties specified in Rule 11 to the President, where no such appeal lies to him under Sub-rule (1) or Sub-rule (2), if such penalty is imposed by any authority other than the President, on such Government servant in respect of his activities connected with his work as an office bearer of an association, federation or union, participating in the Joint Consultation and Compulsory Arbitration Scheme.
Rule 25. Period of limitation of appeals.?
No appeal preferred under this part shall be entertained unless such appeal is preferred within a period of forty-five days from that 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.
Rule 26. Form and contents of appeal.?
(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.
Rule 27. Consideration of appeal.?
(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 has 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; and
(c) whether the penalty or the enhanced penalty imposed is adequate, inadequate or severe.
and pass orders--
(i) confirming, enhancing, reducing, or setting aside the penalty; or
(ii) remitting the case to the authority which imposed or enhanced the penalty pr to any other authority with such direction, as it may deem fit, in the circumstances of the case.
The Income Tax Officer used the notice of the assessee. His explanation was called by the disciplinary authority and the proceedings dropped. Fresh proceeding started on general charge on the same incident adding additional charges after referring the case to the Central Vigilance Commission and his promotion was stopped by resorting to procedure of sealed cover.
The second enquiry could not be said to be competent as a continuation of the first proceeding and was liable to be quashed on the ground of violation of the principles of natural justice, when the clarification asked for on new charge as was not supplied to him while the juniors were promoted. When the enquiry was invalid, the stopping of promotion resorted by sealed cover also became invalid, though such procedure itself was not invalid.
Provided that--
(i) the Commission shall be consulted in all cases where such consultation is necessary;
(ii) if such enhanced penalty which the appellate authority propose to impose is one of the penalties specified in Clauses (v) to (ix) of Rule 11 and an inquiry under Rule 14 has not already been held in the case, the appellate authority shall, subject to the provisions of Rule 19, itself hold such inquiry or direct that such inquiry be held in accordance with the provisions of Rule 14 and thereafter, on a consideration of the proceedings of such inquiry and [* * *] make such orders as it may deem fit;
(iii) the enhanced penalty which the appellate authority proposes to impose is one of the penalties specified in Clauses (v) to (ix) of Rule 11 and enquiry under Rule 14 has been held in the case, the appellate authority shall make such orders as it may deem fit after the appellant has been given a reasonable opportunity of making a representation against the proposed penalty.
(iv) no order imposing an enhanced penalty shall be made in any other case unless the appellant has been given a reasonable opportunity, as far as may be, in accordance with the provisions of Rule 16, of making a representation against such enhanced penalty.
(3) In an appeal against any other order specified in Rule 23, the appellate authority shall consider all the circumstances of the case and make such orders as it may deem just and equitable.
Rule 28. Implementation of orders in appeals.?
The authority which made the order appealed against shall give effect to the orders passed by the appellate authority.
Part VIII
Revision and Review
Rule 29. [Revision].?
(1) Notwithstanding anything contained in these rule?
(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 Service Board and [Adviser (Human Resources Development) Department of Tele-communications] in the case of a Government servant serving in or under Tele-communication 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, or
(v) ?the appellate authority, within six months of the date of the order proposed to be [revised], or
(vi) ?any other authority specified in this behalf by the President by a general or special order, and within such time as may be prescribed in such general or special order,? may at any time, cither on his or its own motion or other wise call for the records of any inquiry and [revised] any order made under these rules or under the rules repealed by Rule 34 from which an appeal is allowed, but from which no appeal has been preferred or from which no appeal is allowed, after consultation with the Commission where such consultation is necessary, and may--
(a) confirm, modify or set aside the order; or
(b) confirm, reduce, enhance, or set aside the penalty imposed by the order, or impose any penalty where no penalty has been imposed; or
(c) remit the case to the authority which made the order to any other authority directing such authority to make such further enquiry as it may consider proper in the circumstances of the case, or
(d) pass such other orders as it may deem fit :
[Provided that an order imposing or enhancing any penalty shall be made by any revising authority unless the Government servant concerned has been given a reasonable opportunity of making a representation against the penalty proposed and where it is proposed to impose any of the penalties specified in Clauses (v) to (ix) or Rule 11 or to enhance the penalty imposed by the order sought to be revised to any of the penalties specified in those clauses, and if an inquiry under Rule 14 has not already been held in the case no such penalty shall be imposed except after an inquiry in the manner laid down in Rule 14 subject to the provision of Rule 19, and except after consultation with the Commission where such consultation is necessary :
Provided further that no power of [revision) shall be exercised by the Comptroller and Auditor General [Member (Personnel), Postal Services Board], [ Advisor (Human Resources Development) Department of Telecommunication] or the head of department, as the case may be, unless--
(i) the authority which made the order in appeal, or
(ii) the authority to which an appeal would lie, where no appeal has been preferred, is subordinate to him.
(2) No proceeding for [revision] shall be commenced until after?
(i) the expiry of the period of limitation for an appeal, or
(ii) the disposal of the appeal, where any such appeal has been preferred.
(3) An application for [revision] shall be dealt with in the same manner as if it were an appeal under these rules.
Rule [29-A. Review.?
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 Such 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 major 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 manner laid down in Rule 14, subject to the provisions of Rule 19, and except after consultation with the Commission where such consultation is necessary.
Civil Services (Classification, Control and Appeal) Rules, 1965, has been amended to make it clear that the power available under that rule is the power of revision and a new rule, Rule 29-A, has been introduced specifying the powers of the President to make a review of any order passed earlier, including an order passed in revision under Rule 29, when any new fact or material which has effect of changing the nature of the case comes to his notice. It may also be noted that while the President and other authorities enumerated n Rule 29 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, exercise the power of revision under that rule, the power of review under Rule 29-A is vested in the President only and not in any other authority. With the amendment of Rule 29 and the introduction of Rule 29-A, the heading of Part VIII of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 has also been appropriately changed as "Revision and Review".
Part IX
Miscellaneous
Rule 30. Service of Orders, notice etc.?
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.
Rule 31. Power to relax time-limit and to condone delay.?
Save as otherwise expressly provided in these rules, the authority competent under these rules to may 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.
Rule 32. Supply of Copy of Commission's advice.?
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.
Government of India's Instructions (1) Copy of advice given by U.P.S.C. to be given to Government Servant.-- Rule 32 lays down inter alia that a copy of the advice given by the Union Public Service Commission should be furnished to the Government servant concerned. It has been decided, in consultation with the Commission, that henceforth the Commission should furnish two spare copies alongwith the original advice letter in each case. In respect of disciplinary cases received from State/Central Government in regard to All India Service Officers also, the Commission will adopt the same practice, the only difference being, that in case of references received from State Governments, one spare copy of the advice letter will be sent to them and the other to Home Ministry for information.
Rule 33. Transitory provisions.?
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 no 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.
Rule 34. Repeal and Savings.?
(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) Nothing in these rules shall be construed as depriving any person to whom these rules apply, of any right of appeal which had accrued to him under the rules, notification or orders in force before the commencement of these rules.
(3) An appeal pending at the commencement of these rules against an order made before such commencement shall be considered and orders thereon shall be made, in accordance with these rules as if such orders were made and the appeals were preferred under these rules.
(4) As from the commencement of these rules any appeal or application for review against any orders made before such commencement shall be preferred or made under these rules, as if such orders were made under these rules :
Provided that nothing in these rules shall be construed as reducing any period of limitation for any appeal or review provided by any rule in force before the commencement of these rules.
Rule 35. Removal of Doubts.?
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.
THE SCHEDULE
See Rules 5, 9 (2), 12 (2) and 24
PART I
Central Civil Services, Group 'A'
1. Archaeological Service, Group 'A'.
2. Botanical Survey of India, Group 'A'.
3. Central Engineering Service, Group 'A'.
4. Central Electrical Engineering Service, Group 'A'.
5. Central Health Service, Group 'A'.
6. Central Revenues Chemical Services, Group 'A'.
7. Central Secretariat Service?
(a) Selection Grade.
(b) Grade I.
8. General Central Service, Group 'A'.
9. Geological Survey of India, Group 'A'.
10. Indian Audit and Accounts Service.
10-A. Indian Civil Accounts Service.
11. Indian Defence Accounts Service.
12. Indian Foreign Service, Group 'A'.
13. Indian Meteorological Service, Group 'A'.
14. Indian Postal Service, Group 'A'.
15. Indian Posts and Telegraphs Traffic Service, Group 'A'.
16. Indian Revenue Service?
(a) Customs Branch (Indian Customs Service, Group 'A').
(b) Central Excise Branch (Central Excise Service, Group 'A').
(c) Income Tax Branch (Income Tax Service, Group 'A').
17. Indian Salt Service, Group 'A'.
18. Mercantile Marine Training Ship Service, Group 'A'.
19. Directorate-General of Mines Safety, Group 'A'.
20. Overseas Communications Service, Group 'A'.
21. Survey of India, Group 'A'.
22. Indian Tele-communication Service, Group 'A'.
23. Zoological Survey of India, Group 'A'.
24. Indian Frontier Administrative State?
(a) Grade I.
(b) Grade II.
25. Central Legal Service (Grade I, II, III and IV).
26. Railway Inspectorate Service, Group 'A'.
27. Indian Foreign Service, Branch (B) (erstwhile)?
(a) General Cadre, Grade I.
(b) General Cadre, Grade II.
28. Delhi and Andaman and Nicobar Islands Civil Service, Grade I.
29. Delhi and Andaman and Nicobar Islands Police Service, Grade II.
30. Indian Inspection Service, Group 'A'.
31. Indian Supply Service, Group 'A'.
32. Central Information Service?
(a) Selection Grade.
(b) Senior Administrative Grade.
(c) Junior Administrative Grade.
(d) Grade I.
(e) Grade II.
33. Indian Statistical Service.
34. Indian Economic Service.
35. Telegraph Traffic Service, Group 'A'.
36. Central Water Engineering Service, Group 'A'.
37. Central Power Engineering Service, Group 'A'.
38. Company Law Board Service.
39. Labour Officers of the Central Pool, Group 'A'.
40. Central Engineering Service (Roads), Group 'A'.
41. Indian Posts and Telegraphs Accounts and Finance Service, Group 'A'.
42. Indian Broadcasting (Engineers) Service.
43. Central Trade Service, Group 'A'.
44. Armed Forces Headquarters Civil Services (Group 'A').
45. Central Secretariat Official Language Service (Group 'A').
PART II
Central Civil Services, Group 'B'
(Except for Civilian in Defence Service)
|
S. No. |
Description of service |
Appointing Authority |
Authority competent to impose penalties and penalties which it may impose (with reference to item numbers in Rule 11) |
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|
Authority |
Penalties |
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1 |
2 |
3 |
4 |
5 |
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1. |
Section Officer Grade of the Central Secretariat Service excluding Section Officers with Group 'A' status |
President |
President In respect of a member of the service serving in-- |
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All |
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(a) a Ministry or Department of Government participating in the service other than a Ministry or Department hereinafterspecified. |
Secretary, Cadre Authority |
(i) |
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(b) a Ministry or Department of the Government not participating in the service. |
Secretary in the Ministry or Department |
(i) |
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(c) an attached officer whether participating or not participating in the service-- |
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(i) if such office is under the control of a Head of the Department directly under Government |
Head of the Department |
(i) |
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(ii) in other cases |
Secretary, Cadre Authority |
(i) |
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(d) a non-Secretariat Officer other than an office hereinafter specified-- |
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(i) if such office is under the control of a Head of the Department directly under Government |
Head of the Department |
(i) |
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(ii) in other cases |
Secretary, Cadre Authority |
(i) |
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(e) (Ministry of Defence (Finance Division) (f) Offices of the Union Public Service Commission |
Financial Adviser, Defence Services)Secretary, Union Public Service Commission |
(i) (i) |
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1 -A. |
Central Secretariat Official Language Service Group 'B' |
President |
President Secretary in Ministry or Department |
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All (i) |
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2. |
Assistant's Grade of the Central Secretariat Service |
President |
President |
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All |
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In respect of a member of the service serving in -- |
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(a) a Ministry or Department of the Government participating in the service, other than a Ministry or Department hereinafter specified. |
Secretary, Cadre Authority |
(i) to (iv) |
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(b) a Ministry or Department of the Government not participating in the service. |
Secretary in the Ministry or Department |
(i( to (iv) |
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(c) an attached officer whether participating or not participating in the service -- |
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(i) if such office is under the control of a Head of the Department directly under Government. |
Head of the Department |
(i) to (iv) (iv) |
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(ii) in other cases |
Secretary, Cadre Authority |
(i) to (iv) |
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(d) a non-Secretariat Office other than an office hereinafter specified-- |
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(i) if such office is under the control of a Head of the Department directly under Government |
Head of the Department |
(i) to (iv) |
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(ii) in other Cases. |
Secretary, Cadre Authority |
(i) to (iv) |
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(e) Ministry of Defence (Finance Division) |
Financial Adviser, Defence Services |
(i) to (iv) |
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(f) Office of the Union Public Service Commission. |
Secretary, Union Public Service Commission |
(i) to (iv) |
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3. |
Central Secretariat Steno?graphers' Service, Grade I. |
President |
President In respect of a member of the service serving in-- |
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All |
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(a) a Ministry Department of the Government participating in the service, other than a Ministry or Department hereinafter specified. (b) a Ministry or Department of the Government not participating in the service. |
Secretary, Cadre AuthoritySecretary in the Ministry or Department |
(i) (i) |
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(c) an attached office whether participating or not participating in the service-- |
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(i) if such office is under the control of a Head of the Department directly under Government. |
Head of the Department |
(i) |
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(ii) in other cases |
Secretary, Cadre Authority |
(i) |
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(d) a non-Secretariat Officer other than an office hereinafter specified-- |
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(i) if such officer is under the control of a Head of the Department directly under Government |
Head of the Department |
(i) |
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(ii) in other Cases. |
Secretary, Cadre Authority |
(i) |
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(e) Ministry of Defence (Finance Division) |
Financial Adviser, Defence Services |
(i) |
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(i) Office of the Union Public Service Commission |
Secretary, Union Public Service Commission |
(i) |
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3-A. |
Central Secretariat Steno?graphers' Service, Selection Grade |
President |
President In respect of a member of the service servingin -- |
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All |
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(a) a Ministry or Department of the Government participating in the service, other than a Ministry or Department hereinafter specified. |
Secretary, Cadre Authority |
(i) to (iv) |
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4. |
Central Secretariat Stenographers' Service, Grade II |
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(b) a Ministry or Department of the Government not participating m theservice |
Secretary in the Ministry or Department |
(i) to (iv) |
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(c) an attached office whether participating or not participating m the service-- |
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(i) if such office is under the control of a Head of the Department directly under Government |
Head of the Department |
(i) to (iv) |
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(ii) in other cases |
Secretary, Cadre Authority |
(i) to (iv) |
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(d) a non-Secretariat Officer other than an office hereinafter specified -- |
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(i) if such officer is under the control of a Head of the Department directly under Government. |
Head of the Department |
(i) to (iv) |
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(ii) in other Cases |
Secretary, Cadre Authority |
(i) to (iv) |
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(e) Ministry of Defence (Finance Division) |
Financial Adviser, Defence Services |
(i) to (iv) |
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(f) Office of the Union Public Service Commission. |
Secretary Union Public Service Commission |
(i) to (iv) |
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5. |
Central Health Service, Group'B' |
Secretary, Ministry of Health |
Secretary, Minister of Health |
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All |
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6 |
Indian Meteorological Service, Group 'B' |
Director General of Observations |
Director-General of Observations |
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All |
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6-A. |
Labour Officers, Group 'B' |
Secretary Ministry of Labour |
Secretary Ministry of Labour in respect of a member of the service serving in --Posts and Telegraphs Department |
Head of the Circle, General Manager Posts & Telegraphs Workshops |
All (i) to (iv) |
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7. |
Postal Superintendents Service, group 'B'. |
Director-General, Posts |
Director-General, Posts Head of Circle |
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All (i) to (iv) |
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8. |
Postmasters' Service, Group 'B' |
Director-General, Posts |
Director-General, Posts Head of Circle |
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All (i) to (iv) |
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9. |
Telegraph Engineering and Wireless Service, Group 'B'. |
Member Tele?communication Commission |
Member, Tele-communications Commission |
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All |
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Adviser, (Human Resources Development) Department. |
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(i) to (iv) |
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Head of Circle; |
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Applicant : Telecommunication Factories; |
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Head of Telephone District; |
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(General Manager, Tele-communication Stores; |
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10. |
Indian Posts and Telegraphs Accounts and Finance Service, Member Tele-communication Wing, Group 'B'. |
Member, Tele?communication Commission |
General Manager, Projects. Member Tele-communications Commission Adviser, (Human Resources Development) Department |
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All (i) to (iv) |
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Head of Circle; |
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Head of Telephone District; |
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General Manager. Telecommunication Stores; |
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General Manager, Projects; |
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General Manager. Tele-communication Factories; |
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10-A. |
Indian Posts and Telegraphs Accounts and Finance Service; Postal Wing, Group 'B'. |
Director-General |
Director-General, Posts; Member (Finance) Postal Services Inventor(s) : Head of Circle. |
|
All (i) to (iv) |
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11. |
Telegraphs Traffic Service, Group 'B'. |
Member, Tele-communication Commission |
Member Tele-communication Commission Head of Circle. |
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All (i) to (iv) |
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12. |
Central Excise Service, Group 'B'.-- Superintendents, Group 'B' (including Deputy Headquarter Assistant to the Collector) and District Opium Officers, Group 'B'. |
Collector of Central Excise/Land Customs; Narcotics Commissioner. |
Collector of Central Excise/Land Customs;Director of Inspection;Director of Revenue Intelligence; Narcotics Commissioner. In respect of-- |
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All |
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(i) a member of the Service serving in the Statistics and Intelligence Branch (Central Excise). |
Deputy Collector (Statistics and Intelligence Branch). |
|
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(ii) any other member of the service. |
Assistant Collector of Central Excise, Group 'A'. |
(i) |
|
||
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Assistant narcotics Commissioner. |
(i) |
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||
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|
|
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Deputy Collector of Central Excise. |
(i) to (iv) |
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||
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Deputy Narcotics Commissioner. |
(i) to (iv) |
|
||
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|
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Deputy Director, Revenue Intelligence. |
(i) to (iv) |
|
||
13. |
Customs Appraisers Service, Group 'B' -- Principal Appraisers and Head Appraisers. |
Collector of Customs. |
Collector of Customs. Director of Inspection. Director of Revenue Intelligence. Collector of Central Excise, Delhi. |
|
All(i) to (iv)(i) to (iv)(i) to (iv) |
|
||
14. |
Customs Appraisers Service, Group 'B'-- Appraisers. |
Collector of Customs. |
Collector of Customs. Director of Inspection. Director of Revenue Intelligence. Assistant Collector of Central Excise, Delhi. Assistant Collector. Assistant Director, Inspection. |
|
All (i) to (iv)(i) to (iv)(i) to (iv)(i)(i) |
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||
15. |
Customs Preventive Service, Group 'B'-- Chief Inspectors. |
Collector of Customs. |
Collector of Customs. Director of Inspection. Director of Revenue Intelligence. |
|
All All All |
|
||
16. |
Customs Preventive Service, Group 'B' -- Chief Inspectors. |
Collector of Customs. |
Collector of Customs. Director of Inspection. Director of Revenue Intelligence. Assistant Collector (Preventive). Assistant Director of Inspection. |
|
All All (i) to (iv) (i) to (iv) (i) to (iv) |
|
||
17. |
Income Tax Service, Group 'B' |
Commissioner of Income-tax |
Commissioner of Income-tax. Director of Inspection. Assistant Commissioner. |
|
All All (i) |
|
||
18. |
Botanical Survey of India, Group 'B'. |
Chief Botanist, Botanical Survey of India. |
Chief Botanist, Botanical Survey of India. |
|
All |
|
||
19. |
Geological Survey of India, Group 'B'. |
Director-General, Geological Survey of India. |
Director-General, Geological Survey of India. |
|
All |
|
||
20. |
Survey of India, Group 'B'. |
Surveyor-General of India. |
Survey-General of India. |
|
All |
|
||
21. |
?Zoological Survey of India, Group 'B'. |
Director Zoological Survey of India. |
Director, Zoological Survey of India. |
|
All |
|
||
22. |
Central Electrical Engineering Service, Group 'B'. |
Engineer-in-Chief, Central Public Works Department |
Engineer-in-Chief, Central Public WorksDepartment.Chief Engineer (Vigiliance), Central Public Works Department. |
|
All (i) to (iv) |
|
||
23. |
Central Engineering Service, Group 'B'. |
Engineer-in-chief, Central Public Works Department |
Engineer-in-Chief, Central Public Works Department |
|
All |
|
||
24. |
Central Engineering Service, Group 'B'. |
|
|
|
|
|
||
|
(i) Posts in the Ministry of Irrigation and Power. |
Joint Secretary. |
Joint Secretary. |
|
All |
|
||
|
(ii) Posts in the Central Water and Power Commission. |
Chairman, Central Water and Power Commission. |
Chairman, Central Water and Power Commission. |
|
All |
|
||
|
(iii) Posts in the Chambal Control Board. |
Joint Secretary, Ministry of Irrigation and Power. |
Joint Secretary, Ministry of Irrigation and Power. |
|
All |
|
||
|
(iv) Posts in the Farakka Barrage Control Board. |
Commissioner (Ganga Basin), Ministry of Irrigation and Power. |
Commissioner (Ganga Basin), Ministry of Irrigation and Power. |
|
All |
|
||
|
(v) Posts in the GangaDischarge Circle. |
Commissioner (Ganga Basin), Ministry of Irrigation and Power. |
Commissioner (Ganga Basin), Ministry of Irrigation and Power. |
|
All |
|
||
25. |
Central Power Engineering Service, Group 'B' : |
|
|
|
|
|
||
|
(i) Posts in the Ministry of Irrigation and Power. |
Joint Secretary. |
Joint Secretary |
|
All |
|
||
|
(ii) Posts in the Central Water and Power Commission |
Chairman, Central Water and Power Commission. |
Chairman, Central Water and Power Commission. |
|
All |
|
||
26. |
Indian Salt Service, Group 'B'. |
Joint Secretary, Ministry of Production. |
Joint Secretary, Ministry of Production. |
|
All |
|
||
27. |
Indian Foreign Service, (B) : |
|
|
|
|
|
||
|
(i) General Cadre Integrated Grade II and III (excluding Section Officer with Group 'A' status). |
|
PresidentIn respect of a member of the service serving in-- |
|
All |
|
||
|
(ii) Cypher-Sub-Cadre, Grade I. |
|
(i) Ministry of External Affairs. |
Secretary in the Ministry of External Affairs. |
(i) |
|
||
|
(iii) Stenographers, Sub-Cadre, Grade I. |
President. |
(ii) An Indian Mission/Post abroad. |
Head of Mission/Otherwise Secretary in the Ministry of External Affairs. |
(i) |
|
||
|
(iv) General Cadre, Grade IV. |
|
|
|
|
|
||
|
(v) Cypher-Sub-Cadre, Grade II. |
|
In respect of a member of the service serving in -- |
|
All |
|
||
|
(vi) Stenographers, Sub-Cadre, Grade II. |
|
(i) Ministry of External Affairs. |
Secretary in the Ministry of External Affairs. |
(i) to (iv) |
|
||
|
|
|
(ii) An Indian Mission/Post abroad. |
Head of Mission/Otherwise Secretary in the Ministry of External Affairs. |
(i) |
|
||
28. |
Delhi and Andaman and Nicobar Islands Civil Service, Grade II. |
Joint Secretary, Ministry of Home Affairs. |
Joint Secretary, Ministry of Home Affairs. |
|
All |
|
||
|
|
|
In respect of a member of the Service, servingunder Delhi Administration. |
Chief Secretary, Delhi Administration. |
(i) to (iv) |
|
||
|
|
|
In respect of a member of the Service, serving under the Andaman and Nicobar Administration. |
Chief Secretary, Andaman and Nicobar Administration. |
(i) to (iv) |
|
||
29. |
Delhi and Andaman and Nicobar Islands Police Service, Grade II. |
Joint Secretary, Ministry of Home Affairs. |
Joint Secretary, Ministry of Home Affairs. |
|
All |
|
||
|
|
|
In respect of a member of the Service, serving under Delhi Administration. |
Chief Secretary, Delhi Administration. |
(i) to (iv) |
|
||
|
|
|
In respect of a member of the Service, serving under the Andaman and Nicobar Administration. |
Chief Secretary, Andaman and Nicobar Administration. |
(i) to (iv) |
|
||
30. |
Central Information Service, Grades III and IV. |
Joint Secretary, Ministry of Information and Broadcasting. |
Joint Secretary, Ministry of Information and Broadcasting. |
|
All |
|
||
|
|
|
Inspect of a number of the service in -- |
|
|
|
||
|
|
|
(a) an office under the control of Head of Department. |
Head of Department. |
(i) to (iv) |
|
||
|
|
|
(b) Research and Reference Division. |
Director, Research and Reference Division. |
(i) to (iv) |
|
||
31. |
Central Engineering Service (Roads), Group 'B' |
Secretary. Ministry of Shipping and Transport Shipping and Transport. |
Secretary, Ministry of Shipping and TransportDirector-General (Road Development) and ex-officio Additional Secretary, Ministry of Shippingand Transport (Road Wing). |
|
(i) to (iv) |
|
||
32. |
General Central Service, Group 'B'-- |
Secretary in the Ministry or Department |
Secretary in the Ministry or Department. |
|
All |
|
||
|
(i) Post in any Ministry or Department of Government of India, other than the post in respect of which specific provision has been made by a general or special order of the President. |
|
|
|
|
|
||
|
(i-a) Post outside a Ministry or Department of Government of India, other than the posts in respect of which specific provision has been made by a general or special order of the President. |
|
In respect of posts in an office under the control of a Head of Department directly under the Government. |
Head of the Department |
All |
|
||
In respect of ether post |
Secretary in the Ministry of Department. |
|
|
|||||
In respect of other posts. |
Secretary in the Ministry or Department. |
All |
|
|||||
|
(ii) Posts in Union Territories other than Delhi Administration, the Andaman and Nicobar Islands and the Laccadive, Minicoy, and Amindivi Islands. |
Administrator |
Administrator/Head of the Department. In the Union Territory of Himachal Pradesh. |
Head of the Department |
All (i) to(iv) |
|
||
|
(iii) Delhi Administration --All posts. |
Chief Secretary. |
Chief Secretary. |
|
|
|
||
|
(iv) The Andaman and Nicobar Islands -- All posts. |
Chief Commissioner |
Chief Commissioner. In respect of posts in the Forest Department. |
Chief Conservator of Forest. |
(i) to (iv) All |
|
||
|
(v) The Lakshadweep Administration -- All posts. |
Administrator |
Administrator |
|
|
|
||
33. |
All Group 'B' posts of the Departmentalised Accounts Offices of Govt. of India |
Chief Controller of Accounts or Joint Controller General of Accounts in a Ministry or Deptt. Where there is no Chief Controller of Accounts.Joint Controller General of Accounts. |
Chief Controller of Accounts or Joint Controller General of Accounts in a Ministry or Deptt. where there is no Chief Controller of Accounts. |
Additional Controller General of Accounts of Principal Chief Controller of Accounts in Central Board of Direct Taxes and Central Board of Excise and Customs. |
(i) to (iv) |
|
||
Additional Controller General of Accounts or Principal Chief Controller of Accounts in Central Board of Direct Taxes & Central Board of Excise & Customs. |
Controller General of Accounts. |
All |
|
|||||
Central Civil Services, Group 'C'
(Except for Civilians in Defence Service
|
S. No. |
Description of Service |
Appointing Authority |
Authority competent to impose penalties and penalties which it may impose (with reference to item numbers in Rule 11) |
|
Appellate Authority |
|
|
Authority |
Penalties |
|||||
|
1 |
2 |
3 |
4 |
5 |
6 |
|
|
1. |
Central Secretariat Clerical Services Upper Division and Lower Division Grade. |
Deputy Secretary or Director, Cadre Authority |
Deputy Secretary or Director, Cadre Authority. In respect of a member of the services serving in : |
|
All |
Secretary, Cadre Authority |
|
1-A. |
Central Secretariat Stenographers' Service, Grade III. |
|
(a) Department Office other than those specified below and other than the Cadre Authority, where the head of the office is of a rank not below that of Deputy Secretary or Director (Junior Administrative Grade). |
Head of the Office. |
(i) to (iv) |
Secretary, Cadre Authority |
|
|
|
|
(b) Ministry of Defence (Finance Division). |
Deputy Financial Adviser. |
(i) to (iv) |
Financial Advisor. Defence Services |
|
|
|
|
(c) Prime Minister's Secretariat. |
Deputy Secretary or an Officer of the rank of Deputy Secretary. |
(i) to (iv) |
Principal Private Secretary to Prime Minister. |
|
|
|
|
(d) Department of Posts and Department of Tele-communications. |
Secretary, Posts and Telegraphs Board. |
(i) to (iv) |
Members (Personnel), Department of Tele?communications) |
|
|
|
|
(e) Office of the Inspector-General, Delhi Special Police Establishment. |
Deputy Inspector-General. |
(i) to (iv) |
Inspector-General. |
|
|
|
|
(f) Office of the Engineer-in-chief General Public Works Department. |
Director of Administration. |
(i) to (iv) |
Engineer-in-Chief |
|
|
|
|
(g) Directorate-General, Supplies and Disposals. |
Director of Administration. |
(i) to (iv) |
Director-General Supplies and Disposals. |
|
|
|
|
(h) Central Water and Power Commission. |
Secretary, Central Water and Power Commission. |
(i) to (iv) |
Chairman, Central Water and Power Commission. |
|
|
|
|
(i) Directorate of Printing |
Joint Director (Administration) |
(i) to (iv) |
Secretary in the Ministry of Urban Development. |
|
2. |
Posts and Telegraphs Accountants Service ; Senior and Junior Accountant. |
Member, Posts and Telegraphs Board. |
|
Member, Posts and Telegraphs Boards. |
All |
Posts and Telegraphs Board. |
|
|
|
|
|
Manager, Telecommunication Factory. |
|
|
|
|
|
|
|
Deputy General Manager, Telecommunication Factories. |
(i) to (iv) |
General Manager Telecommunication Factories. |
|
|
|
|
|
Chief Accounts Officer, Telecommunication Stores. |
(i) to (iv) |
Member, Posts, and Telegraphs Board. |
|
|
|
|
|
Chief Accounts Officer, Telegraph Check Office. |
|
|
|
|
|
|
|
Head of Circle, Chief Controller of Telegraph Stores. |
(i) to (iv) |
Member, Posts, and Telegraphs Board. |
|
|
|
|
|
District Manager, Telephones ; Deputy General Manager, Telephones. |
(i) to (iv) |
Member, Posts, and Telegraphs Board or General Manager, Telephones. |
|
|
|
|
|
Controller of Telegraph Stores. |
(i) to (iv) |
Chief Controller of Telegraph Stores. |
|
|
|
|
|
Senior Electrical Engineer, Divisional Engineer, Telegraphs, Posts and Telegraphs Training Centre, Jabalpur |
(i) to (iv) |
Additional Chief Engineer, Technical and Development Circle, Jabalpur |
|
|
|
|
|
Divisional Engineer, Telegraphs |
(i) to (iv) |
Head of Circle |
|
|
|
|
|
Deputy Director, Postal Life Insurance, |
(i) to (iv) |
Member, Posts and Telegraphs Board. |
|
|
|
|
|
Secretary, Posts and Telegraphs Board. |
|
|
|
|
|
|
|
Principal, Postal Training Centre. |
(i) to (iv) |
Member, Posts and Telegraphs Board. |
|
|
|
|
|
Principal, Posts and Telegraphs Training Centre |
|
|
|
3. |
Indian Foreign Service (B) |
|
|
|
|
|
|
|
General Cadre, Grades V and VI |
Deputy Secretary, Ministry of External Affairs. |
Deputy Secretary Ministry of External Affairs. |
|
All |
Secretary, Ministry of External Affairs. |
|
|
|
|
In respect of a member of the Service serving in an Indian Mission/Post abroad. |
Head of Chancery, if he is of the rank of First Secretary or above, otherwise, Head of Mission/Post of the rank of Grade V of Indian Foreign Service or above. |
(i) to (iv) |
Secretary, Ministry of External Affairs. |
|
4. |
General Central ServiceGroup 'C |
|
|
|
|
|
|
|
(i) Posts in Ministry/ Department of Government other than the posts in respect of which specific provision has been made by a general or special order of the President. |
Deputy Secretary or Director in the Ministry/Department of Government. |
Deputy Secretary or Director in the Ministry/Department of Government |
|
All |
Secretary in the Ministry/Department of Government. |
|
|
(ii) Posts in non-Secretariat Office other than posts in respect of which specific provisions has been made by a general or special order of the President. |
Head of Office. |
Head of Office. |
|
All |
If such head of office is subordinate to a Head of Department, under the Ministry or Department of Government, such Head of Department. If the Head of the office is himself the Head of Department, or is not subordinate to any Head of Department, the Secretary in the Ministry or Department of Government. |
|
|
(iii) Posts in Union Territories. |
Head of Office or such other authority as may be specified by the Administrator. |
Head of Office or such other authority as may be specified by the Administrator. |
|
All |
Administrator or such other authority as may be specified by the Administrator ; where the order is that of the Administrator, the President. |
|
(iv) All Group 'C' posts of the Departmentalised Accounts Offices of the Govt. of India |
Controller of Accounts or Deputy Controller General of Accounts in a Ministry or Deptt. where there is no Controller of Accounts |
Controller of Accounts or Deputy Controller General of Accounts in a Ministry or Deptt. where there is no Controller of Accounts |
|
All |
Chief Controller of Accounts or Joint Controller General of Accounts in a Ministry or Department where there is no Chief Controller of Accounts. |
|
2. |
Lower Division clerks in the Departmentalised Accounts Offices. |
Deputy Controller of Accounts or Under Secretary (in the Ministries/ Departments where there is no Deputy Controller of Accounts. |
Deputy Controller of Accounts or Under Secretary (Administration) in the Ministries Department where there is no Deputy Controller of Accounts. |
|
All |
Controller of Accounts (in the Ministries/ Departments where principal Accounts Officer is of the grade of Controller of Accounts) or Financial Adviser Joint Secretary (Administration) in the Ministries/Departments where there is no Financial Adviser. |
|
5. |
Central Secretariat Official Language Service Group |
Secretary in Ministry or Department. |
Secretary in Ministry or Department |
|
All |
President. |
|
|
'C' |
|
Joint Secretary in Ministry or Department Head of Department |
|
(i) to (iv) |
Secretary in Ministry/Department. |
|
PART IV
Central Civil Services, Group ?D?
(Except for Civilians in Defence Services)
S. No. |
Description of Service |
Appointing Authority |
Authority competent to impose penalties andpenalties which it may impose (with reference toitem numbers in Rule 11 ) |
Appellate Authority |
|
|
Authority |
Penalties |
|
||||
1 |
2 |
3 |
4 |
5 |
6 |
|
1. |
General Central Services, Group 'D' |
|
|
|
|
|
|
(i) Posts in Ministries or Departments of Government other than posts in respect of which specific provision has been made by a general or special order of the President. |
Under Secretary. |
Undersecretary. |
All |
Deputy Secretary or Director. |
|
|
(ii) Posts in non-Secretariat Offices other than posts in respect of which specific provision has been made by a general or special order of the President. |
Head of Office. |
Head of Office. |
All |
If such head of office is subordinate to a Head of Department under the Ministry or Department of Government, such Head of Department. If the head of the office is himself the Head of Department or is not subordinate to a Head of Department, the Secretary in the Ministry or Department of Government. |
|
|
(iii) Posts in Union Territories. |
Head of Office or such other authority as may be specified by the Administrator. |
Head of Office or such other authority as may be specified by the Administrator. |
All |
Administrator or such other authority as may be specified by the Administrator. Where the order is that of the Administrator, the President. |
|
|
(iv) All Group 'D' posts' of the Departmentalised Accounts Offices of the Govt. of India |
Deputy Controller of Accounts or Assistant Controller General of Accounts in a Ministry of Deptt. where there is no Deputy Controller of Accounts. |
Deputy Controller of Accounts or Assistant Controller General of Accounts in a Ministry or Deptt. where there is no Controller of Accounts. |
All |
Controller of Accounts or Deputy Controller General of Accounts in a Ministry or Department where there is no Controller of Accounts. |
PART V
Civil Posts in Defence Services
S. No. |
Description of Service/Post |
Appointing Authority |
Authority competent to impose penalties and penalties which it may impose (with reference to item numbers in Rule 11) |
|
Authority |
Penalties |
|||
1 |
2. |
3 |
4 |
5 |
1. |
Group 'B' Posts : |
|
|
|
|
(A) (i) All Group 'B' (Gazetted) posts other than those specified in item (B). |
Additional Secretary. |
Additional Secretary. |
All |
|
(ii) All Group 'B' (Non-Gazetted) 'posts other than those specified in item B. |
Chief Administrative Officer, |
Chief Administrative Officer. Chief Administrative Officer. |
(i) to (iv) All |
|
(B) Posts in Lower formations under -- |
|
|
|
|
(i) General Staff Branch. |
Deputy Chief of Army Staff, |
Deputy Chief of Army Staff. |
All |
|
|
|
Director of Military Intelligence, Director of Military Training, Director of Artillery, Signals Officer-in-Chief, Director of Staff Duties, as the case may be. |
(i) to (iv) |
|
(ii) Adjutant-General's Branch. |
Adjutant-General. |
Adjutant-General.Director of Organisation, Director of Medical Services, Judge Advocate-General, Director of Recruiting, Military and Air Attache, as the case may be. |
All(i) to (iv) |
|
(iii) Quarter-Master-General's Branch. |
Quarter-Master-General. |
Quarter-Master-General.Director concerned holding rank not below Brigadier. |
All (i) to (iv) |
|
(iv) Master-General of Ordinance. |
Master-General of Ordinance. |
Master-General of Ordinance.Director of Ordinance Services, Director of Electrical and Mechanical Engineering, as the case may be. |
All(i) to (iv) |
|
(v) Engineer-in-Chief Branch |
Engineer-in-Chief. |
Engineer-in-Chief. Chief Engineers of Commands. |
All (i) to (iv) |
|
(vi) Naval Headquarters. |
Chief of Personnel. |
Chief of Personnel. Flag Officer Commanding-in-Chief, Western Naval Command, Bombay, Flag Officer Commanding-in-chief, Eastern Naval Command, Visakhapatnam, Flag Officer Commanding-in-chief, Southern Nava Command, Cochin, Flag Officer Commanding Goa Area, Goa. The Fortress Commander, Andaman and Nicobar Islands, Port Blair, Admiral Superintendent, Naval Dockyard, Bombay, Admiral Superintendent, Naval Dockyard, Visakhapatnam, Chief Hydfographer, Naval Hydrographic Officer, Dehradun. |
All (i) to (iv) |
|
(vii) Air Headquarters. |
Air-Officer-in-Charge Personnel, Air Headquarters. |
Air-Officer-in-Charge Personnel, Air Headquarters. |
All |
|
(viii) Directorate General, Armed Forces Medical Services. |
Directorate General, Armed Forces Medical Services. |
Directorate General, Armed Forces Medical Services. |
All |
|
(ix) Directorate General, National Cadet Corps. |
Directorate General, National Cadet Corps. |
Directorate General, National Cadet Corps. |
All |
|
(x) Directorate General, Defence Lands and Cantonment. |
Directorate General, Defence Lands and Cantonment. |
Directorate General, Defence 'Lands and Cantonment. |
All |
|
(xi) Directorate General, Ordinance Factories. |
Director-General, Ordinance Factories. |
Director-General, Ordinance Factories. |
All |
|
(xii) Directorate General of Inspection. |
Directorate General of Inspection. |
Directorate General of Inspection. |
All |
|
(xiii) Technical Development and Production (Air) Organisation. |
Director of Technical Development and Production (Air). |
Director of Technical Development and Production (Air). |
All |
|
(xiv) Defence Research and Development Organisation. |
Director-General Defence Research and Development |
Director-General, Defence Research and Development. |
All |
|
|
|
Chief Controller, Research and Development (Administration). |
(i) to (iv) |
|
(xv) Posts in subordinate units of Radar and Communications Project Office. |
Project Director, Radar and Communication Project Office. |
Project Director, Radar and Communications Project Office. |
All |
2. |
Group 'C' and Group 'D' posts : |
|
|
|
|
(A) Posts in -- |
|
|
|
|
(i) Armed Forces Head-quarters. |
Deputy Chief Administrative Officer for Group 'C posts. |
Deputy Chief Administrative Officer for Group 'C' posts. |
All |
|
|
Senior Administrative Officer for Group 'D' posts. |
Senior Administrative Officer for Group 'D' posts. |
All |
|
(ii) All Grade 'C' post other than (B) (xi) and Grade 'D' posts in Ordinance Factory Board Hqrs. including Ordinance Factory Cell Ordinance Equioment Factories Hqrs., Hqrs. of Additional DGOF/AV and any other Hqrs. of Additional DGOF. |
Deputy Director-General Ordinance Factories. |
Deputy Director-General Ordinance Factories. |
All |
|
(B) Posts in lower formations under-- |
|
|
|
|
(i) General Staff Branch. |
|
|
[1] Where the President is the disciplinary authority.
[2] The officer in the appropriate Ministry/Department authorised under Article 77 (2) of the Constitution to authenticate orders on behalf of the President, or the disciplinary authority, as the case may be.
[3] Where the President is the disciplinary authority.
[4] The officer in the appropriate Ministry/Department authorised under Article 77 (2) of the Constitution to authenticate orders on behalf of the President, or the disciplinary authority, as the case may be.
[5] Ministry of Law have advised that these annexures need not be signed by the disciplinary authority.
[6] Ministry of Law have advised that these annexures need not be signed by the disciplinary authority.
[7] Ministry of Law have advised that these annexures need not be signed by the disciplinary authority.
[8] Ministry of Law have advised that these annexures need not be signed by the disciplinary authority.
[9] In cases where the order is expressed to be made in the name of the President.
[10] To be used wherever applicable. Not to be inserted in the copy sent to the Government servant.
[11] In cases where the order is expressed to be in the name of the President.
[12] To be used where applicable. Not to be inserted in the copy sent to the Government servant.
[13] In cases where the order is expressed to be in the name of the President.
[14] Delete where not applicable
[15] Delete where not applicable
[16] In cases where the order is expressed to be in the name of the President.
[17] Delete where not applicable
[18] To be used where applicable
[19] Delete where not applicable.
[20] For cases involving dismissal/removal/compulsory retirement only [See para 3 (c) of Instruction (i) below 14].
[21] Endorsement necessary only in the case of summons to Public servants and not to individuals.
[22] Inserted by GSR276 dated 10.06.1995.
[23] Where the President is the disciplinary authority.
[24] The officer in the appropriate Ministry/Department authorised under Article 77 (2) of the Constitution to authenticate orders on behalf of the President, or the disciplinary authority, as the case may be.
[25] Substituted by GSR276 dated 10.06.1995 for the following rule:-
?17. Communication of Orders.?
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 of such non-acceptance.?
[26] The authority competent to impose the penalty of dismissal form service on all such Government servants if they are different, the highest of such authorities with the consent of other. See Rule 18(1).
[27] Rule 18(2)(i).
[28] Rule 18 (2) (ii).
[29] Rule 18 (2)(iii).
[30] Score out the portion not applicable.
[31] Where the order is expressed to be made in the name of the President.
[32] The officer in the appropriate Ministry/Department authorised under Article 77 (2) of the Constitution to authenticate orders on behalf of the President or other competent authority under Rule 18(1).
[33] Delete where not applicable.
[34] Delete where not applicable.
[35] To be used where applicable not to be inserted in the copy sent to the accused officer.
[36] To be used where applicable not to be inserted it the copy sent to the accused officer.
[37] Delete where not applicable.