Short title and commencement 2. Interpretation 3. Classification of Services 5. Constitution of Central Civil Services 6. A , dated Rules , Procedures ,
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In exercise of the powers conferred by proviso to Article and Clause 5 of Article of the Constitution and after consultation with the Comptroller and Auditor-General in relation to persons serving in the Indian Audit and Accounts Department, the President he reby makes the following rules, namely Short title and commencement. Interpretation In these rules, unless the context otherwise requires, -. In exercise of the powers conferred by sub-rule 2 of rule 3 of the Central Civil Services Classification, Control and Appeal Rules, now , the President hereby directs that the following classes of Government servants shall be wholly excluded from the operation of the said rules, namely Notification No.
A , dated the 15 th December, ]. A dated the 25 th May, as amended by Notification No. A , dated 28 th July, ]. Classification of Services. Constitution of Central Civil Services.
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 In exercise of the powers conferred by Rule 6 of the Central Civil Services Classification, Control and Appeal Rules, , as amended by the Central Civil Services Classification, Control and Appeal Amendment Rules, and after consultation with the Comptroller and Auditor General of India in relation to the persons serving in the Indian Audit and Accounts Department, the President hereby direct that with effect from the date of issue of this order, all civil posts under the Union, shall, subject to such exceptions as Government may, by any general or special order, make from time to time , be reclassified as Group A, Group B, Group C and Group D, as the case may be, as indicated below :- Existing Classification Revised Classification.
A Central Civil post carrying a pay or a scale of pay with a maximum of not less than Rs. A Central Civil post carrying a pay or a scale of pay with a maximum of over Rs. A Central Civil post carrying a pay or a scale of pay the maximum of which is Rs. This classification is based on the norms prescribed in Department of Personnel and Training Notification No.
D dated the 30 th June, Some allowances are also granted with reference to the classification of the posts. Consequent upon the revision of pay scales on the basis of the recommendations ofthe Fifth Central Pay Commission, it has, however, become necessary to prescribe revised norms for categorization of posts into the above four categories based on the revised pay scales as approved by the Government. A copy of the Notification is enclosed.
D , dated 12 th June, There are many promotion schemes such as merit promotion scheme, career advancement scheme, in-situ promotion scheme etc. In many cases, higher scales are allowed on expiry of the specified length of service, even while the person continues to hold the same post such as the Assured Career Progression Scheme.
A dated 10 th May, General Central Service. Central Civil posts of any Group not included in any other Central Civil Service shall be deemed to be included in the General Central Service of the corresponding Group and a Government servant appointed to any such post shall be deemed to be a member of that Service unless he is already a member of any other Central Civil Service of the same Group.
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. Provided that no appointment to the post of Chief Secretary, Finance Secretary, Inspector General of Police, or Development Commissioner or any other post which carries an ultimate salary of Rupees two thousand per mensem or more shall be made except with the previous approval of the Central Government.
Provided that no appointment to the post of Chief Secretary, Finance Secretary, Inspector General of Police or Development Commissioner or any other post which carries an ultimate salary of Rupees two thousand per mensem or more shall be made except with the previous approval of the Central Government. Appointments to other Services and Posts. 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.
Subsequent reviews shall be made before expiry of the extended period of suspension. Extension of suspension shall not be for a period exceeding one hundred and eighty days at a time. Provided that no such review of suspension shall be necessary in the case of deemed suspension under sub-rule 2 , if the Government servant continues to be under suspension at the time of completion of ninety days of suspension and the ninety days period in such case will count from the date the Government servant detained in custody is released from detention or the date on which the fact of his release from detention is intimated to his appointing authority, whichever is later.
It shall be the duty of the Government servant who may be arrested for any reason to intimate the fact of his arrest and the circumstances connected therewith to his official superior promptly even though he might have subsequently been released on bail.
On receipt of the information from the person concerned or from any other source the departmental authorities should decide whether the fact and circumstances leading to the arrest of the person call for his suspension.
Failure on the part of any Government servant to so inform his official superiors will be regarded as suppression of material information and will render him liable to disciplinary action on this ground alone, apart from the action that may be called for on the outcome of the police case against him. A question recently arose whether an authority competent to order the suspension of an official has the power to prescribe his headquarters during the period of suspension.
The matter has been examined at length in this Ministry and the conclusions reached are stated in the following paragraphs. An officer under suspension is regarded as subject to all other conditions of service applicable generally to Government servants and cannot leave the station without prior permission. As such, the headquarters of a Government servant should normally be assumed to be his last place of duty.
However, where an individual under suspension requests for a change of headquarters, there is no objection to a competent authority changing the headquarters if it is satisfied that such a course will not put Government to any extra expenditure like grant of T.
The case of suspension during pendency of criminal proceedings or proceeding for arrest, for debt or during detention under a law providing for preventive detention, shall be dealt with in the following manner hereafter Government servants who is undergoing a sentence of imprisonment shall be also dealt with in the same manner pending decision on the disciplinary action to be taken against him.
If the charge is connected with the official position of the Government servant or involving any moral turpitude on his part, suspension shall be ordered under this rule unless there are exceptional reasons for not adopting this course. Recommendation No. It has been decided that public interest should be guiding factor in deciding to place a Government servant under suspension, and the disciplinary authority, should have discretion to decide this taking all factors into account.
However, the following circumstances are indicated in which a Disciplinary Authority may consider it appropriate to place a Government servant under suspension.
These are only intended for guidance and should not be taken as mandatory In respect of the types of misdemeanor specified in sub clauses iii and v discretion has to be exercised with care. A case has come to the notice of this Ministry in which the application of a Government servant against whom departmental proceedings were pending was forwarded for an assignment under an international organisation.
The propriety of such an action has been considered carefully and the following decisions have been taken Such Government servants should also not be sent or allowed to go on deputation or foreign service to posts under an authority in India.
Such Government servants should also not be sent or allowed to go, during the currency of the penalty, on deputation or foreign service to posts under an authority in India. A dated the 6 th September, ].
It has been decided to consolidate the instructions on the subject. A dated C dated When the conduct of a Government Servant is under investigation by the CBI or by the controlling Department but the investigation has not reached the stage of issue of charge sheet or prosecution sanction or filing of charge-sheet for criminal prosecution in a court, the application of such a Government servant may be forwarded together with brief comments on the nature of allegations and it should also be made clear that in the event of actual selection of the Government servant, he would not be released for taking up the appointment, if by that time charge sheet for imposition of penalty under CCS CCA Rules, or sanction for prosecution is issued or a charge sheet is filed in a court to prosecute the Government Servant, or he is placed under suspension.
In case any situation mentioned in para 3 is obtaining, the requisite permission should not be granted and UPSC should be immediately informed accordingly. In case a situation mentioned in para 4 is obtaining, action may be taken to inform UPSC of this fact as also the nature of allegations against the Government servant.
RR dated 14 th May, ]. The matter was considered further at a meeting of the National Council held on the 27 th January, and in partial modification of the earlier orders it has been decided that every effort should be made to file the charge-sheet in court or serve the charge-sheet on the Government servant, as the case may be within three months of the date of suspension, and in cases in which it may not be possible to do so, the disciplinary authority should report the matter to the next higher authority explaining the reasons for the delay.
Department of Personnel Memo. A dated the 4 th February, ]. Government have already reduced the period of suspension during investigation, barring exceptional cases which are to be reported to the higher authority, from six months to three months.
It has been decided that while the orders contained in the Office Memorandum of 4 th February, would continue to be operative in regard to cases pending in courts in respect of the period of suspension pending investigation before the filing of a charge-sheet in the Court as also in respect of serving of the charge sheet on the Government servant in cases of departmental proceedings, in cases other than those pending in courts, the total period of suspension viz.
In exceptional cases where it is not possible to adhere to this time limit, the disciplinary authority should report the matter to the next higher authority, explaining the reasons for the delay. Department of Personnel OM No.
A dated the 16 th December, ]. In spite of the instructions referred to above, instances have come to notice in which Government servants continued to be under suspension for unduly long periods. Such unduly long suspension while putting the employee concerned to undue hardship, involves payment of subsistence allowance without the employee performing any useful service to the Government.
It is, therefore impressed on all the authorities concerned that they should scrupulously observe the time limits laid down in the Office Memoranda referred to in the preceding paragraph and review the cases of suspension to see whether continued suspension in all cases is really necessary. The authorities superior to the disciplinary authorities should also exercise a strict check on cases in which delay has occurred and give appropriate directions to the disciplinary authorities keeping in view the provisions contained in the aforesaid Office Memoranda.
A dated the 14 th September, ]. The attention of the Ministry of Finance etc. A dated 14 th September, , in which the existing instructions relating to suspension of Government employees have been consolidated.
In spite of these instructions it has been brought to the notice of this Department that Government servants are some times kept under suspension for unduly long periods. It is, therefore, once again reiterated that the provisions of the aforesaid instructions in the matter of suspension of Government employees and the action to be taken thereafter should be followed strictly.
Ministry of Finance etc. So far as payment of subsistence allowance is concerned, Ministry of Finance etc. A dated the 18 th February, ]. The Government servant is also deemed to have been placed under suspension by an order of the competent authority in the circumstances mentioned in rule 10 2 of the aforesaid rules.
This would imply that a Government servant who is placed under suspension should generally know the reasons leading to his suspension so that he may be able to make an appeal against it.
Where a Government servant is placed under suspension on the ground that a disciplinary proceeding against him is pending or a case against him in respect of any criminal offence is under investigation, inquiry or trial, the order placing him under suspension would itself contain a mention in this regard and he would, therefore, be aware of the reasons leading to his suspension. If these instructions are strictly adhered to, a Government servant who is placed under suspension on the ground of contemplated disciplinary proceedings will become aware of the reasons for his suspension without much loss of time.
However, there may be some cases in which it may not be possible for some reason or the other to issue a chargesheet within three months from the date of suspension. In such cases, the reasons for suspension should be communicated to the Government servant concerned immediately on the expiry of the aforesaid time-limit prescribed for the issue of a chargesheet, so that he may be in a position to effectively exercise the right of appeal available to him under Rule 23 i of the CCS CCA Rules, , if he so desires.
Where the reasons for suspension are communicated on the expiry of a time-limit prescribed for the issue of chargesheet, the time-limit of forty five days for submission of appeal should be counted from the date on which the reasons for suspension are communicated.
The decision contained in the preceding paragraph will not, however, apply to cases where a Government servant is placed under suspension on the ground that he has engaged himself in activities prejudicial to the interests of the security of the State.
A dated the 9 th November, ]. In the case of Ghanshyam Das Srivastava Vs. State of Madhya Pradesh AIR SC , the Supreme Court had observed that where a Government servant under suspension pleaded his inability to attend the inquiry on account of financial stringency caused by the non-payment of subsistence allowance to him the proceedings conducted against him exparte would be in violation of the provisions of Article 2 of the Constitution as the person concerned did not receive a reasonable opportunity of defending himself in the disciplinary proceedings.
In the light of the judgment mentioned above, it may be impressed on all authorities concerned that they should make timely payment of subsistence allowance to Government servants who are placed under suspension so that they may not be put to financial difficulties.
It may be noted that, by its very nature, subsistence allowance is meant for the subsistence of a suspended Government servant and his family during the period he is not allowed to perform any duty and thereby earn a salary.
Keeping this in view, all concerned authorities should take prompt steps to ensure that after a Government servant is placed under suspension, he received subsistence allowance without delay. The judgment of the Supreme Court referred to in para 1 above indicates that in that case, the disciplinary authority proceeded with the enquiry ex-parte notwithstanding the fact that the Government servant concerned had specifically pleaded his inability to attend the enquiry on account of financial difficulties caused by non-payment of subsistence allowance.
This point may also be kept in view by all authorities concerned, before invoking the provisions of rule 14 20 of the CCS CCA Rules,
CCS (CCA) RULES, 1965 - Epfoa
In exercise of the powers conferred by proviso to Article and Clause 5 of Article of the Constitution and after consultation with the Comptroller and Auditor-General in relation to persons serving in the Indian Audit and Accounts Department, the President he reby makes the following rules, namely Short title and commencement. Interpretation In these rules, unless the context otherwise requires, -. In exercise of the powers conferred by sub-rule 2 of rule 3 of the Central Civil Services Classification, Control and Appeal Rules, now , the President hereby directs that the following classes of Government servants shall be wholly excluded from the operation of the said rules, namely Notification No. A , dated the 15 th December, ].
CCS (CCA) RULES, 1965
Provided that where there is a complaint of sexual harassment within the meaning of rule 3 C of the Central Civil Services Conduct Rules, , the complaints Committee established in each ministry or Department or Office for inquiring into such complaints, shall be deemed to be the inquiring authority appointed by the disciplinary authority for the purpose of these rules and the Complaints Committee shall hold, if separate procedure has not been prescribed for the complaints committee for holding the inquiry into the complaints of sexual harassments, the inquiry as far as practicable in accordance with the procedure laid down in these rules. 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. 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. The Government servant shall indicate the relevance of the documents required by him to be discovered or produced by the Government. 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.