The Central Civil Services (Classification, Control & Appeal) Rules, 1965
PART VI - PROCEDURE FOR IMPOSING PENALTIES
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 inquiry 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.
Provided
that where there is a complaint of sexual harassment within the meaning of rule
3 C of the Central Civil Services (Conduct) Rules, 1964, 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.
EXPLANATION
- Where the disciplinary authority itself holds the inquiry, any reference in
sub-rule (7) to sub-rule (20) and in sub-rule (22) to the inquiring authority
shall be construed as a reference to the disciplinary authority.
(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 of 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 so to do, 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 inquires into any article of charge or
appoints an inquiring authority for holding an inquiry into such charge, it
may, by 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 the 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 proving 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 it 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 later 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 or
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.
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