The Central Civil Services (Classification, Control & Appeal) Rules, 1965
12. DISCIPLINARY AUTHORITIES:
(1)
The President may impose 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 general or 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 Services, Group ‘C’ (other than the Central Secretariat
Clerical Service), or a Central Civil Service, Group ‘D’ ,-
(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 office, by the head of that office, except where the
head of that 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 clause (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 at the 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) and (iii) of rule 11 after observing the procedure
laid down in rule 16.
EXPLANATION
I. For the purposes of clause (c), 'probationer' means a person appointed to a
Central Civil Service on probation.
EXPLANATION
II. Where a Government servant belonging to a Service or holding a Central
Civil post of any Group, is promoted, whether on probation or temporarily to
the Service or Central Civil post of the next higher Group, 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 Group.
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.
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