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)]
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