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.
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