Central Civil Services (Classification, Control and Appeal) (Second Amendment) Rules, 2014
THE GAZETTE OF INDIA EXTRAORDINARY
[PART II—Sec 3(i)]
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)
NOTIFICATION
New Delhi, the 31st October, 2014
G.S.R. 769(E).- In exercise of the
powers conferred by the proviso co article 309 and clause (5) of article
148 of the Constitution, and after consultation with the Comptroller
und Auditor General of India in relation to persons serving in the
Indian Audit and Accounts Department, the President hereby makes the
following rules further to amend the Central Civil Services
(Classification, Control and Appel) rules 1965 namely—
1. (I) These rules may be called the Central Civil Services (Classification, Control and Appeal) (SecondAmendment) Rules, 2014.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Central Civil Services (Classification. Control and Appeal) Rules, 1965 (hereinafter referred to as the said rules)
(a) In rule I5, for sub-rules 2A, 3 and 4, the following sub-rules shall be substituted, namely: —
3) (a) In every case where it ta
necessary to consult the Commission, the Disciplinary Authority shall
forward or cause to be forwarded to the Commission for its advice:
(i) a copy of the report of the
Inquiring Authority together with its own tentative reasons for
disagreement, if any, with the findings of Inquiring Authority on any
article of charge; and
(ii) comments of Disciplinary Authority
on the representation of the Government servant on the Inquiry report
and disagreement note, if any and all the cue records of the inquiry
proceedings
(b) The Disciplinary Authority shah
forward or cause to be forwarded a copy of the advice of the Commission
received under clause (a) to the Government savant, who shall be
required to submit, if he so desires, his written representation or
submission to the Disciplinary Authority within fifteen days, on the
advice of the Commission
(4) The Disciplinary Authority shall
consider the representation under sub-rule (2) and/ or clause (b) of
sub-rule (3), if any, submitted by the Government servant and record its
findings before proceeding further in the matter as specified in
sub-rules (5) and (6).
(5) If the Disciplinary Authority having
regard to its findings on all or any of the articles of charge is of
the opinion the any of the penalties specified in clauses (I) to (iv) of
rule 11 should be imposed on the Government servant, it shall,
notwithstanding anything contained in rule 16, make an order imposing
such penalty.
(6) If the Disciplinary Authority having
regard to its findings on ail or any of the articles of charge and on
the basis of the evidence adduced during the inquiry 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 make an order
imposing such penalty and it shall not be necessary to give the
Government savant any opportunity of making representation on the
penalty proponed to be imposed.”;
(b) In rule 16,—
(i) in sub-rule (I),-
(A) for the words, brackets and figure “sub-rule (3)”, the words, brackets and figure ‘sub-rule (5)” shall be substituted;
(B) for clauses (d) and (e), the following clauses shah be substituted; namely: —
“(d) Consulting the Commission where
such consultation is necessary. The Disciplinary Authority shall forward
or cause to be forwarded a copy of the advice of the Commission to the
Government servant, who shall be required to submit, if he so desires,
his written representation or submission on the advice of the
Commission, to the Disciplinary Authority within fifteen days; and
(e) recording a finding on each imputation or misconduct or misbehavior.”
(ii) in sub-rule (2) for clauses (vi) and (vii), the following clauses shall be substituted,
“(vi) representation, if any, of the Government servant on the advice of the Commission:
(vii) the findings on each imputation of misconduct or misbehavior; and
(viii) the orders on the case together with the reasons therefor.;
(C) In rule 17, the words “and also a copy of the advice, if any, given by the Commission,” shall be deleted;
(d) In rule 19, in the second proviso,
after the words “where such consultation ta necessary”, the words “and
the Government servant has been given an opportunity of representing
against the advice of the Commission.” shall be added;.
(e) In rule 27, in sub-rule (2), in the
proviso, in clause (i) alter the words “where such consultation is
necessary” the words “and the government servant has been given an
opportunity of representing against the advice of the Commission,” shall
be added:
(f) In rule 29, in sub-ruIe (1) in the
first proviso, after the words “where such consultation is necessary”.
the words“ and the Government servant has been given an opportunity of
representing against the advice of the Commission shall be added:
(g) In rule 29-A, in the proviso, after
the words “where such consultation is necessary”, the words “and the
Government servant has been given an opportunity of representing against
the advice of the Commission.” shall be added;
(h) In rule 32 shall be omitted.
[F. No. 11012/8/2011-Estt.(A)]
MAMTA KUNDRA, Jt. Secy.
Source: www.persmin.gov.in
