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IPO Exam: CCS (CCA) RULES, 1965

Daak Babu April 24, 2019

CCS (CCA) RULES, 1965

For schedule follow below link:

CONTENTS

Rule
No.- Government of India’s decision
PART - I GENERAL
  1. Short title and commencement
  2. Interpretation
  3. Application
Governmentof India’s decision
  1. (1) Personsto whom not applicable
PART - II CLASSIFICATION
  • Classification of Services
  • Constitution of Central Civil Services
  • Classification of Posts
      • Governmentof India Decisions :
    1. Notification [DOPT & A.R. Notification No. 21/2/74-Estt.(D) dated 11.11.1975]
    2. Order
      1. [DOPT OM No. 13012/1/98-Estt. (D), dated 20.04.1998]
      2. [DOPT OM No. 13012/1/98-Estt.(D), dated 29th July, 1998]
    3. Classification of Posts [DOPT OM No. 13012/1/98-Estt. (D), dated 12th June,1998]
    4. Classification of Posts–Clarification [DOPT OM No. 11012/5/2000-Estt. (A) dated 10thMay,2000]
  • General Central Service
    • PART-III APPOINTING AUTHORITY
  • Appointments to Group ‘A’ Services and Posts
    • Government of India’s orders/decisions
    1. Delegation of powers to Administrator of Goa, Daman and Dium
      [MHA Order No.7/1/65-Estt. (A), dated the 10th February, 1965]
    2. Delegation of powers to Administrators of Dadra and Nagar Haveli
      [MHA Order No.7/6/69-Ests.(A), dated the 12th June, 1969]
    3. Delegation of powers to Administrators of Arunanchal Pradesh
      [DOPT OM No.7/2/72-Ests.(A), dated 21st January, 1972].
  • Appointments to other Services and Posts
    • PART - IV SUSPENSION
  • Suspension Government of India’s decisions
    1. Report of arrest to superiors by Government servants. [MHA letter No. 39/59/54-Est.(A), dated the 25thFebruary, 1955]
    2. Headquarters of Government servant under suspension [MHA OM No. 39/5/56-Ests.(A), dated the 8th September, 1956]
    3. How suspension is to be regulated during pendency of criminal proceedings,arrests, detention etc. [M.O.F. No. F.15(8)-E IV/57, dated 28thMarch, 1959]
    4. Circumstances under which a Government servant may be placed under suspension. [MHA OM No. 43/56/64-AVD dated the 22ndOctober, 1964].
      1. Forwarding of Application of Government servants involved in disciplinary proceedings [MHA OM No. 39/17/63-Ests.(A) datedthe 6th September, 1968]
      2. Forwarding applications for other posts – Principles regarding [DOPT OM No. AB14017/101/91-Estt. (RR), dated 14thMay, 1993]
      1. Suspension – Reduction of time limit fixed for serving charge-sheet [Cabinet Sectt. (Deptt. of Personnel) Memo No.39/3970-Ests.(A), dated the 4th February, 1971; O.M. No.39/33/72-Estt. (A) dated 1th December, 1972; DP&AR O.M. No.11012/7/78-Estt. (A) dated 14th September, 1978; O.M. No.42014/7/83-Estt. (A) dated 18th February, 1984].
      2. Reasons for suspension to be communicated on expiry of three months period if no charge-sheet is issued.
    7. Timely payment of subsistence allowance [Cabinet Sectt. (Department of Personnel & Administrative Reforms) OM No.11012/10/76-Estt.(A), dated 6th October, 1976]
    8. Erroneous detention or detention without basis [DOPT & AR OM No. 35014/9/76-Estt. (A), dated 08.08.1977]
    9. Deemed suspension on grounds of detention to be treated as revoked if conviction does not follow [DOPT OM No.11012/16/85-Estt.(A), dated 10.01.1986]
    10. Disciplinary proceedings against an employee appointed to a higher post on ad-hoc basis [DOPT OM No. 11012/9/86-Estt.(A), dated the 24th December, 1986]
    11. Suspension in cases of dowry death [DOPT OM No.11012/8/87-Ests.(A), dated the 22nd June, 1987]
    12. Resignation from Service procedure in respect of [DOPT OM No. 28034/25/87-Ests.(A), dated 11th February, 1988]
      1. Promotion of Government servants against whom disciplinary/court proceedings are pending or whose Conduct is under investigation-Procedure and guidelines to be followed [DOPT OM No.22011/4/91-Estt. (A), dated 14.09.1992]
      2. Instructions on sealed cover procedure – Applicability to review DPC – clarification regarding [DOPT OM No.22011/4/99-Estt. (A), dated 21.11.1999]
      3. Sealed Cover Procedure – Judgment of the Supreme Court in the case of Delhi Jal Board Vs. Mohinder Singh [JT 2002 (10) SC 158] [DOPT OM No. 22011/2/2002-Estt. (A), dated 24.02.2003]
    14. Deemed Suspension under Rule 10 (2) of the CCS (CCA) Rules, 1965 – Supreme Court decision in the case of Union of India Vs. Rajiv Kumar [DOPT OM No. 11012/8/2003-Estt. (A), dated 23.10.2003]
      1. Suspension of Government Servants - Review of - Instructions Regd. [DOPT OM No. 11012/4/2003-Estt.(A), dated 7.01.2004]
      2. Suspension of Government Servants - Review of - Instructions Regd. [DOPT OM No. 11012/4/2003-Estt.(A), dated 19.03.2004]
      3. Review of suspension - Amendment to the provisions of rule 10 [DOPT OM No. 11012/4/2003-Estt.(A), dated 12.07.2007]
    PART-V PENALTIES AND DISCIPLINARY AUTHORITIES
  • Penalties Government of India’s decisions
      1. Distinction between Censure and Warning [MHA OM No. 39/21/56-Ests.(A), dated the 13th December, 1956]
      2. Writing of Confidential Reports – Mention of warnings therein [DOPT & AR OM No. 21011/1/81-Ests.(A), dated the 5thJune, 1981]
      3. Promotion to a higher Grade or post – Clarifications regarding effect of warnings etc. on promotion [DOPT O.M. No. 11012/6/2008-Estt. (A) dated 7th July, 2008]
    2. Departmental action for neglect of family by Government servant [MHA OM No. F.25/16/59-Ests.(A), dated the 1st September, 1959]
    3. Entry of punishments in confidential rolls [MHA OM No. 38/12/59-Ests. (A), dated the 23rd April, 1960]
    4. Repromotion of officers reduced in rank as a measure of penalty [MHA OM No. 9/30/63-Estt. (D), dated the 7thFebruary, 1964].
    5. Registering name with Employment Exchange for higher posts not permissible when penalty is in force [MHA OM No.14/6/65-Ests.(D), dated the 22nd February, 1965].
    6. Provision in the rules of public undertakingenabling disciplinary action against direct recruits for acts committed prior to their recruitment [MHA OM No. 39/1/67-Ests.(A), dated the 21stFebruary, 1967]
      1. Promotion of employees on whom any penalty has been imposed [Cabinet Sectt. (Department of Personnel) OM No. 21/5/70-Ests.(A),dated the 15th May, 1971]
      2. Promotion of employees on whom any penalty has beenimposed [DOP&AR O.M. No.22011/2/78-Estt. (A) dated 16th February, 1979]
    8. Scope of penalty of reduction in rank-Supreme Court judgment in cases of Shri Nayadar Singh and Shri M.J. Ninama Vs. Union of India (Civil Appeal No. 3003 of 1988 and 889 of 1988) [DOPT OM No.11012/2/88-Estt. Dated 02.02.89]
    9. Penalty of reduction to a lower stage in the time scale of pay for a period not exceeding three years without cumulative effect and not adversely affecting his pension [DOPT OM No.11012/4/86-Estt. (A), dated 28.05.92]
    10. Action against Government servants to be taken if they are later found ineligible or unqualified for their initial recruitment. [DOPT OM No. 11012/7/91-Estt. (A) dated 19.05.1993].
    11. Rule 11 (iii) of the CCS (CCA) Rules, 1965 – Recovery of pecuniary loss caused by a Government servant –Clarifications [DOPT OM No. 11012/1/2000-Estt. (A), dated 6thSeptember, 2000]
    12. Imposition of penalty of reduction to a lower time scale of pay, grade, post or service [DOPT OM No. 11012/2/2005-Estt. (A), dated 14thMay, 2007]
  • Disciplinary Authorities
    • Government of India’s decision
    1. Officers performing current duties of a post cannot exercise Statutory powers under the Rules [MHA OM No. 7/14/61-Ests.(A),dated 24th January, 1963]
    2. Powers delegated to Chief Commissioner, Andaman & Nicobar Islands [MHA Memo No. F.7/16/64-Ests.(A), dated the 30thMay, 1964]
    3. Clarification about rule 12, 14 etc. [MHA Memo No.F.39/1/69-Ests.(A), dated the 16th April, 1969]
  • Authority to institute proceedings
    • PART VI
  • Procedure for imposing penalties
    • Government of India’s decision
    1. Instructions to avoid procedural delays in the disposal discipline cases [MHA OM No. 39/40/52-Est., dated the 4thOctober, 1952]
    2. Pay Commission’s recommendations regarding disciplinary proceedings and Government’s order thereon [MHA OM No. F 6(26)/60-Ests. Dated 16th February, 1961]
    3. Supply of copies of documents to the delinquent official [MHA OM No. 30/5/61-AVD, dated the 25th August, 1961]
    4. Examination of witnesses on behalf of the accused official [MHA OM No. 6/26/60-Ests. , dated the 8th June, 1962]
    5. Prosecution or departmental action according to seriousness of the offence [MHA OM No. 39/8/64-Ests.(A), dated the 4thSeptember, 1964]
    6. Measures to prevent tampering with records/documents during inspection by delinquent officials [MHA OM No.242/96/65-AVD dated the 27th September, 1965]
    7. Assisting Government servants [CVC letter No.61/3/67-C dated the 8th January, 1968]
    8. Cross-examination by or on behalf of the Government servant after the presenting officer has re-examined the witness [Cabinet Sectt. (Deptt. of Personnel) Memo No. 7/11/70-Estt. (A) dated the 24thSeptember, 1970]
    9. Conduct of enquiries against delinquent officers by gazetted officers/senior officers [Cabinet Sectt. (Department of Personnel) Memo No. 7/1/70-Estts. (A) dated the 6th January, 1971]
    10. Appointment of Inquiring Authority [Cabinet Sectt. Department of Personnel, OM No. 39/40/70-Ests.(A) dated 9thNovember, 1972]
    11. Inquiry by the disciplinary authority [Deptt. of Personnel & AR OM No. 35014/1/76-Ests.(A), dated the 29thJuly, 1976]
    12. Whether charges can be dropped at the stage of initial written statement of defence [MHA OM No. 11012/2/79-Estt. (A),dated the 12th March, 1981 and OM No. 11012/8/82-Estt. (A), dated the 8th December, 1982]
    13. Permission to engage a Legal Practitioner [Deptt.of Personnel & AR OM No. 11012/7/83-Estt. (A), dated the 23rdJuly, 1984]
    14. Restriction on engaging Defence Assistant [DOPT OM No. 11012/3/86-Estt. (A), dated the 29th April, 1986]
    15. Appearance of a Government servant before the inquiry authority – Clarification of the import of the provisions in Rule 14 (7) of the CCS (CCA) Rules, 1965 [Deptt. of Personnel &Training’s OM No. 35034/7/92-Estt. (A), dated 28th December,1993.]
    16. Retired Government servants appearing as defence assistants conditions regarding [DOPT OM No. 11012/11/2002-Estt.(A), dated 5th February, 2003]
    17. Simultaneous action of prosecution in a court and initiation of departmental proceedings [DOPT OM No. 11012/6/2007-Estt.(A), dated 1st August, 2007]
  • Action on inquiry report
    • Government of India’s Decisions
    1. Final orders to be passed by the ‘higher disciplinary authority’ who instituted the enquiry [MHA OM No. 6/26/60-Ests.(A), dated the 8th June, 1962]
    2. Not appropriate to bring in past bad records in deciding the penalty, unless it is made the subject matter of specific charge of the charge-sheet itself [G.I.M.H.A., OM No. 134/20/68-AVD, dated the 28th August, 1968]
      1. Passing of orders by the Disciplinary Authority on the report of Inquiry Officer – Quick disposal of cases [Cabinet Sectt. (Deptt. of Personnel) Memo No. 39/43/70-Ests.(A) dated the 8thJanuary, 1971]
      2. Delays in passing orders by the Disciplinary Authorities [Deptt. of Personnel & Training OM No. 11012/21/98-Estt.(A) dated 11th November, 1998]
    4. Disciplinary cases – need for issuing speaking orders by competent authorities [Deptt. of Personnel & A.R. OM No.134/1/81-AVD-I dated 13.07.1981]
      1. Supply of copy of inquiry report to the accused Government servant before final orders are passed by the disciplinary authority [Deptt. of Personnel & Training’s 11012/13/85-Estt. Dated 26th June, 1989]
      2. Reasons for disagreement, if any should be communicated [Deptt. of Personnel & Training OM No. 11012/22/94-Estt.(A), dated 27.11.1995]
      1. Jurisdiction of the CAT in the matter of quantum of penalty against Government servants [Deptt. of Personnel & Training OM No. 11012/1/90-Ests.(A) dated 28.02.1990]
      2. Jurisdiction of the CAT in the matter of disciplinary action against Government servants [Deptt. of Personnel &Training OM No. 11012/6/94-Estt. (A) dated 28.03.1994]
  • Procedure for imposing minor penalties
    • Government of India’s Decisions
    1. Enquiry mandatory in certain types of the penalty of withholding of increments [MHA OM No. 7/3/67-Ests.(A) dated the 19thJanuary, 1968]
    2. Minor Penalty – holding of inquiry in specific circumstances [Deptt. of Personnel & Training OM No.11012/18/85-Ests.(A), dated 28th October, 1985]
  • Communication of Orders
    • Government of India’s Decisions
    1. Entry of punishments in confidential rolls [G.I.,MHA OM No. 38/12/59-Ests.(A) dated the 23rd April, 1960]
  • Common Proceedings
    • Government of India’s Decisions
    1. Procedure of enquiry when two Government servants accuse each other [G.I. MHA Letter No. 6/98/63-AVD dated the 13thJune, 1963]
  • Special procedure in certain cases
    • Government of India’s Decisions
    1. Scope of second proviso to Article 311 (2) of the Constitution [DOPT OM No. 11012/11/85-Estt. Dated the 11thNovember, 1985]
    2. Issue of charge-sheet where action is taken under Rule 19 [Deptt. of Personnel & Training OM No. 11012/11/85-Estt. (A)dated 4th April, 1986]
  • Provisions regarding officers lent to State Government’s, etc.
  • Provisions regarding officers borrowed from State Governments, etc.
    • PART - VII APPEALS
  • Orders against which no appeal lies
  • Orders against which appeal lies
  • Appellate Authority
    • Government of India’s Decisions
    1. Appeal in the case of a disciplinary order against an office-bearer of an association or union [MHA OM No. 7/14/64-Ests.(A)dated 18th April, 1967]
  • Period of Limitation of appeals
  • Form and contents of appeal
  • Consideration of appeal
    • Government of India’s Decisions
    1. Time-limit for the disposal of appeals [Cabinet Sectt. (Department of Personnel), OM No. 39/42/70-Ests. (A) dated the 15thMay, 1971]
    2. Personal hearing at the discretion of appellate authority in major penalty cases [G.I., Deptt. of Personnel & Trg. OM No. 11012/20/85-Estt. (A) dated 28th October, 1985]
    3. Personal hearing at the discretion of appellate authority in major penalty cases [G.I. Deptt. of Personnel & Trg. OM No. 11012/2/91-Estt. (A) dated 23.04.1991]
  • Implementation of orders in appeal
    • PART - VIII REVISION AND REVIEW
    1. Revision
      2. Government of India’s Instructions
      1. Procedure to be followed while proposing enhancement of the penalty already imposed on a Government servant [G.I.MHA OM No. 39/2/68-Ests.(A), dated the 14th May, 1968]
    2. Review
      3. Government of India’s Instructions
      1. President’s power of review under Rule 29 [MHA (D/O P&AR) OM No. 11012/1/80-Ests.(A), dated the 3rdSeptember, 1981].
    PART - IX MISCELLANEOUS
  • Service of orders, notices, etc.
  • Power to relax time-limit and to condone delay
  • Supply of copy of Commission’s advice
  • Transitory Provisions
  • Repeal and Saving
  • Removal of doubts
    • Government of India’s Instructions
    1. Copy of advice by UPSC to be given to Government servant [MHA OM No. F.23/19/60-Ests.(B) dated the 29thDecember, 1964]
    2. Procedure regarding closing of disciplinary cases in the event of death of the charged official [Deptt. of Personnel &Training OM No. 11012/7/99-Estt. (A) dated 20th October, 1999]
    3. Disciplinary jurisdiction of Election Commission of India over Government servants deputed for election duties. [Deptt. of Personnel & Training OM No. 11012/7/98-Estt. (A), dated 7thNovember, 2000]
    4. Disciplinary jurisdiction of Election Commission of India over Government servants deputed for election duties. [Deptt. of Personnel & Training OM No. 11012(4)/2008-Estt. (A), dated 20thMarch, 2008]
    5. Disciplinary jurisdiction of Election Commission of India over Government servants deputed for election duties. [Deptt. of Personnel & Training OM No. 11012(4)/2008-Estt. (A), dated 28thJuly, 2008]
    6. Disciplinary jurisdiction of Election Commission of India over Government servants deputed for election duties. [Deptt. of Personnel & Training OM No. 11012(4)/2008-Estt. (A), dated 28thJuly, 2008]
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