The Central Civil Services (Classification, Control & Appeal) Rules, 1965
15. ACTION ON INQUIRY REPORT:
(1)
The disciplinary authority, if it is not itself the inquiring authority may,
for reasons to be recorded by it in writing, remit the case to the inquiring
authority for further inquiry and report and the inquiring authority shall
thereupon proceed to hold the further inquiry according to the provisions of
Rule 14, as far as may be.
(2)
The disciplinary authority shall forward or cause to be forwarded a copy of the
report of the inquiry, if any, held by the disciplinary authority or where the
disciplinary authority is not the inquiring authority, 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 to the Government servant who shall be required to submit, if he so
desires, his written representation or submission to the disciplinary authority
within fifteen days, irrespective of whether the report is favourable or not to
the Government servant.
*[(3)
(a) In every case where it is 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 case
records of the inquiry proceedings.
(b)
The Disciplinary Authority shall forward or cause to be forwarded a copy of the
advice of the Commission received under clause (a) to the Government servant,
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 that 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 all 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 servant any opportunity of making representation on the penalty
proposed to be imposed.]
*[Substituted
vide the Central Civil Services (Classification, Control and Appeal) (Second
Amendment) Rules, 2014 - Ministry of Personnel, Public Grievances and Pensions (Department
of Personnel and Training) Notification dated the 31st October, 2014 issued
from 11012/8/2011-Estt.(A)]\
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