Saturday, April 30, 2022
Friday, April 29, 2022
Thursday, April 28, 2022
Conduct & Disciplinary Rules – 115
The Central Civil Services (Classification, Control & Appeal) Rules, 1965
PART VII – APPEALS
22. ORDERS AGAINST WHICH NO APPEAL LIES:
Notwithstanding
anything contained in this Part, no appeal shall lie against-
(i)
any order made by the President;
(ii)
any order of an interlocutory nature or of the nature of a step-in-aid of the
final disposal of a disciplinary proceeding, other than an order of suspension;
(iii)
any order passed by an inquiring authority in the course of an inquiry under
Rule 14.
23. ORDERS AGAINST WHICH APPEAL LIES:
Subject
to the provisions of rule 22, a Government servant may prefer an appeal against
all or any of the following orders, namely:-
(i)
an order of suspension made or deemed to have been made under rule 10;
(ii)
an order imposing any of the penalties specified in rule 11, whether made by
the disciplinary authority or by any appellate or revising authority;
(iii)
an order enhancing any penalty, imposed under rule 11;
(iv)
an order which-
(a)
denies or varies to his disadvantage his pay, allowances, pension or other
conditions of service as regulated by rules or by agreement; or
(b)
interprets to his disadvantage the provisions of any such rule or agreement;
(v)
an order-
(a)
stopping him at the efficiency bar in the time-scale of pay on the ground of
his unfitness to cross the bar;
(b)
reverting him while officiating in a higher service, grade or post, to a lower
service, grade or post, otherwise than as a penalty;
(c)
reducing or withholding the pension or denying the maximum pension admissible
to him under the rules;
(d)
determining the subsistence and other allowances to be paid to him for the
period of suspension or for the period during which he is deemed to be under
suspension or for any portion thereof;
(e)
determining his pay and allowances-
(i)
for the period of suspension, or
(ii)
for the period from the date of his dismissal, removal or compulsory retirement
from service, or from the date of his reduction to a lower service, grade,
post, time-scale or stage in a time-scale of pay, to the date of his
reinstatement or restoration to his service, grade or post; or
(f)
determining whether or not the period from the date of his suspension or from the
date of his dismissal, removal, compulsory retirement or reduction to a lower
service, grade, post, time-scale of pay or stage in a time-scale of pay to the
date of his reinstatement or restoration to his service, grade or post shall be
treated as a period spent on duty for any purpose.
EXPLANATION-
In this rule-
(i)
the expression 'Government servant' includes a person who has ceased to be in
Government service;
(ii)
the expression 'pension' includes additional pension, gratuity and any other
retirement benefits.
24. APPELLATE AUTHORITY:
(1)
A Government servant, including a person who has ceased to be in Government
service, may prefer an appeal against all or any of the orders specified in
Rule 23 to the authority specified in this behalf either in the Schedule or by
a general or special order of the President or, where no such authority is
specified-
(i)
where such Government servant is or was a member of a Central Service, Group
‘A’ or Group ‘B’ or holder of a Central Civil Post, Group ‘A’ or Group ‘B’ -
(a)
to the appointing authority, where the order appealed against is made by an
authority subordinate to it; or
(b)
to the President where such order is made by any other authority;
(ii)
where such Government servant is or was a member of a Central Civil Service,
Group ‘C’ or Group ‘D’, or holder of a Central Civil Post, Group ‘C’ or Group
‘D’, to the authority to which the authority making the order appealed against
is immediately subordinate.
(2)
Notwithstanding anything contained in sub-rule (1)-
(i)
an appeal against an order in a common proceeding held under Rule 18 shall lie
to the authority to which the authority functioning as the disciplinary
authority for the purpose of that proceeding is immediately subordinate:
Provided
that where such authority is subordinate to the President in respect of a
Government servant for whom President is the appellate authority in terms of
sub-clause (b) of clause (i) of sub-rule (1), the appeal shall lie to the
President.
(ii)
where the person who made the order appealed against becomes, by virtue of his
subsequent appointment or otherwise, the appellate authority in respect of such
order, an appeal against such order shall lie to the authority to which such
person is immediately subordinate.
(3)
A Government servant may prefer an appeal against an order imposing any of the
penalties specified in rule 11 to the President, where no such appeal lies to
him under sub-rule (1) or sub-rule (2), if such penalty is imposed by any
authority other than the President, on such Government servant in respect of
his activities connected with his work as an office-bearer of an association,
federation or union, participating in the Joint Consultation and Compulsory
Arbitration Scheme.
25. PERIOD OF LIMITATION OF APPEALS:
No
appeal preferred under this part shall be entertained unless such appeal is
preferred within a period of forty-five days from the date on which a copy of
the order appealed against is delivered to the appellant:
Provided
that the appellate authority may entertain the appeal after the expiry of the
said period, if it is satisfied that the appellant had sufficient cause for not
preferring the appeal in time.
Wednesday, April 27, 2022
Tuesday, April 26, 2022
Monday, April 25, 2022
Sunday, April 24, 2022
Saturday, April 23, 2022
Friday, April 22, 2022
Thursday, April 21, 2022
Wednesday, April 20, 2022
Tuesday, April 19, 2022
Monday, April 18, 2022
Sunday, April 17, 2022
Installation of QR codes at PoS Counter
As part of digitalization of Department of Posts, installation of QR codes at PoS counter of all Head Post Offices for facilitating UPI based on-line payment.
View the complete pdf here
Annual Report 2021-2022
Postal Directorate has published Annual Report for the year 2021-2022 with full statistical information about the Department of Posts.
View Annual Report for the year 2021-2022 here
Saturday, April 16, 2022
Friday, April 15, 2022
Conduct & Disciplinary Rules – 114
The Central Civil Services (Classification, Control &Appeal) Rules, 1965
18. COMMON PROCEEDINGS:
(1)
Where two or more Government servants are concerned in any case, the President
or any other authority competent to impose the penalty of dismissal from
service on all such Government servants may make an order directing that
disciplinary action against all of them may be taken in a common proceeding.
NOTE-
If
the authorities competent to impose the penalty of dismissal on such Government
servants are different, an order for taking disciplinary action in a common
proceeding may be made by the highest of such authorities with the consent of
the others.
(2)
Subject to the provisions of sub-rule (4) of rule 12, any such order shall
specify-
(i)
the authority which may function as the disciplinary authority for the purpose
of such common proceeding;
(ii)
the penalties specified in rule 11 which such disciplinary authority shall be
competent to impose;
(iii)
whether the procedure laid down in rule 14 and rule 15 or rule 16 shall be
followed in the proceeding.
19. SPECIAL PROCEDURE IN CERTAIN CASES:
Notwithstanding
anything contained in rule 14 to rule 18-
(i)
where any penalty is imposed on a Government servant on the ground of conduct
which has led to his conviction on a criminal charge, or
(ii)
where the disciplinary authority is satisfied for reasons to be recorded by it
in writing that it is not reasonably practicable to hold an inquiry in the
manner provided in these rules, or
(iii)
where the President is satisfied that in the interest of the security of the
State, it is not expedient to hold any inquiry in the manner provided in these
rules, the disciplinary authority may consider the circumstances of the case
and make such orders thereon as it deems fit:
Provided
that the Government servant may be given an opportunity of making
representation on the penalty proposed to be imposed before any order is made
in a case under clause (i):
Provided
further that the Commission shall be consulted, where such consultation is
necessary *[and the Government servant has been given an opportunity of
representing against the advice of the Commission,] before any orders are made
in any case under this rule.
*[Added
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)]
20. PROVISIONS REGARDING OFFICERS LENT TO
STATE GOVERNMENTS, ETC.:
(1)
Where the services of a Government servant are lent by one department to
another department or to a State Government or an authority subordinate thereto
or to a local or other authority (hereinafter in this rule referred to as
" the borrowing authority"), the borrowing authority shall have the
powers of the appointing authority for the purpose of placing such Government
servant under suspension and of the disciplinary authority for the purpose of
conducting a disciplinary proceeding against him:
Provided
that the borrowing authority shall forthwith inform the authority, which lent
the services of the Government servant (hereinafter in this rule referred to as
"the lending authority") of the circumstances leading to the order of
suspension of such Government servant or the commencement of the disciplinary
proceeding, as the case may be.
(2)
In the light of the findings in the disciplinary proceeding conducted against
the Government servant-
(i)
if the borrowing authority 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 may, after consultation with the lending authority, make such
orders on the case as it deems necessary:
Provided
that in the event of a difference of opinion between the borrowing authority
and the lending authority, the services of the Government servant shall be
replaced at the disposal of the lending authority;
(ii)
if the borrowing authority 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 replace his services at the disposal of the lending authority
and transmit to it the proceedings of the inquiry and thereupon the lending
authority may, if it is the disciplinary authority, pass such order thereon as
it may deem necessary, or, if it is not the disciplinary authority, submit the
case to the disciplinary authority which shall pass such orders on the case as
it may deem necessary:
Provided
that before passing any such order the disciplinary authority shall comply with
the provisions of sub-rules (3) and (4) of rule 15.
EXPLANATION
- The disciplinary authority may make an order under this clause on the record
of the inquiry transmitted to it by the borrowing authority or after holding
such further inquiry as it may deem necessary, as far as may be, in accordance
with rule 14.
21. PROVISIONS REGARDING OFFICERS BORROWED
FROM STATE GOVERNMENTS, ETC.:
(1)
Where an order of suspension is made or a disciplinary proceeding is conducted
against a Government servant whose services have been borrowed by one
department from another department or from a State Government or an authority
subordinate thereto or a local or other authority, the authority lending his
services (hereinafter in this rule referred to as "the lending
authority") shall forthwith be informed of the circumstances leading to
the order of the suspension of the Government servant or of the commencement of
the disciplinary proceeding, as the case may be.
(2)
In the light of the findings in the disciplinary proceeding conducted against
the Government servant, if the disciplinary authority is of the opinion that
any of the penalties specified in clauses (i) to (iv) of rule 11 should be
imposed on him, it may, subject to the provisions of sub-rule (3) of rule 15
and except in regard to a Government servant serving in the Intelligence Bureau
up to the rank of Assistant Central Intelligence Officer, after consultation
with the lending authority, pass such orders on the case as it may deem
necessary-
(i)
provided that in the event of a difference of opinion between the borrowing
authority and the lending authority, the services of the Government servant
shall be replaced at the disposal of the lending authority;
(ii)
if the disciplinary authority 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 replace the services of such Government servant at the
disposal of the lending authority and transmit to it the proceedings of the
inquiry for such action, as it may deem necessary.
Thursday, April 14, 2022
Wednesday, April 13, 2022
Tuesday, April 12, 2022
Monday, April 11, 2022
Sunday, April 10, 2022
Saturday, April 9, 2022
Friday, April 8, 2022
Thursday, April 7, 2022
Wednesday, April 6, 2022
Material explaining appointments made under Relaxation of Recruitment Rules.
Regional Training Centre, Nashik has provided PPT on how to handle cases seeking appointment under relaxation of recruitment rules.
The pdf with slides containing all the details can be viewed here
Conduct & Disciplinary Rules – 113
The Central Civil Services (Classification, Control &Appeal) Rules, 1965
16. PROCEDURE FOR IMPOSING MINOR PENALTIES:
(1)(1)
Subject to the provisions of sub-rule (5) of rule 15, no order imposing on a
Government servant any of the penalties specified in clause (i) to (iv) of rule
11 shall be made except after-
(a)
informing the Government servant in writing of the proposal to take action
against him and of the imputations of misconduct or misbehaviour on which it is
proposed to be taken, and giving him reasonable opportunity of making such
representation as he may wish to make against the proposal;
(b)
holding an inquiry in the manner laid down in sub-rules (3) to (23) of rule 14,
in every case in which the disciplinary authority is of the opinion that such
inquiry is necessary;
(c)
taking the representation, if any, submitted by the Government servant under
clause (a) and the record of inquiry, if any, held under clause (b) into consideration;
*[(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 misbehaviour.]
*[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)]
(1-A)
Notwithstanding anything contained in clause (b) of sub-rule (1), if in a case
it is proposed after considering the representation, if any, made by the
Government servant under clause (a) of that sub-rule, to withhold increments of
pay and such withholding of increments is likely to affect adversely the amount
of pension payable to the Government servant or to withhold increments of pay
for a period exceeding three years or to withhold increments of pay with
cumulative effect for any period, an inquiry shall be held in the manner laid
down in sub-rules (3) to (23) of Rule 14, before making any order imposing on
the Government servant any such penalty.
(2)
The record of the proceedings in such cases shall include-
(i)
a copy of the intimation to the Government servant of the proposal to take
action against him;
(ii)
a copy of the statement of imputations of misconduct or misbehaviour delivered
to him;
(iii)
his representation, if any;
(iv)
the evidence produced during the inquiry;
(v)
the advice of the Commission, if any;
**[(vi)
representation, if any, of the Government servant on the advice of the
Commission;
(vii)
the findings on each imputation of misconduct or misbehaviour; and
(viii)
the orders on the case together with the reasons therefor.]
**[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)]
17. COMMUNICATION OF ORDERS:
Orders
made by the disciplinary authority shall be communicated to the Government
servant who shall also be supplied with a copy of its finding on each article
of charge, or where the disciplinary authority is not the inquiring authority,
a statement of the findings of the disciplinary authority together with brief
reasons for its disagreement, if any, with the findings of the inquiring
authority [* * *] and where the disciplinary
authority has not accepted the advice of the Commission, a brief statement of
the reasons for such non-acceptance.
**[Deleted
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)]
Tuesday, April 5, 2022
Monday, April 4, 2022
Sunday, April 3, 2022
Saturday, April 2, 2022
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