Amendment in Central Civil Services (Classification, Control & Appeal) Rules, 1965 regarding fixing of timelines for finalizing disciplinary proceedings — regarding.
F. No. 11012/9/2016-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment Division
North Block, New Delhi — 110001
Dated: 7 March, 2017
OFFICE MEMORANDUM
Subject: Amendment in Central Civil Services (Classification, Control & Appeal) Rules, 1965 regarding fixing of timelines for finalizing disciplinary proceedings — regarding.
The undersigned is directed to say that it has been proposed to amend the CCS(CC&A) Rules 1965 by introducing stringent timelines for completing Disciplinary proceedings in a time bound manner. The proposed draft Notification for amending CCS (CCA) Rules, 1965 is enclosed herewith. Before framing the Rules, all stakeholders, Ministries / Departments are requested to offer their comments/views, if any, in this regard at the e-mail address poulose.ev13(a,nic.in latest by 21 st March, 2017.
(Poulose E.V.)
Under Secretary to the Govt. of India
Tel: 23040264
[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II,SECTION 3, SUB-SECTION-(I)]
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
Notification
New Delhi, dated the March, 2017
G.S R (E). — In exercise of the powers conferred by the proviso to article 309 and clause (5) of article 148 of the Constitution, and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Clasification, Control and Appeal) Rules, 1965, namely:-
1. (1) These rules may be called the Central Civil Services (Classification, Control and Appeal) Amendment Rules, 2017.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Central Civil Services (Classification, Control and Appeal) Rules, 1965,
I. in rule 14,-
(i) for sub-rule (4), the following sub-rule shall be substituted, namely :-
“(4) (a) 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 or charges is proposed to be sustained.
(b) On receipt of the articles of charge, the Government servant shall be required to submit his written statement of defence, if he so desires, and also state whether he desires to be heard in person, within a period of fifteen days, which may be further extended for a period not exceeding fifteen days at a time for reasons to be recorded in writing by the Disciplinary Authority or any other Authority authorised by the Disciplinary Authority on his behalf:
Provided that under no circumstances, the extension of time for filing written statement of defence shall exceed forty-five days from the date of receipt of articles of charge.”
(ii) for sub-rule (13), the following sub-rule shall be substituted, namely:-
“(13) On receipt of the requisition referred to in sub-rule (12), every authority having the custody or possession of the requisitioned documents shall produce the same or issue a non-availability certificate before the Inquiring Authority within one month of the receipt of such requisition:
Provided that if the authority having the custody or possession of the requisitioned documents is satisfied for reasons to be recorded by it in writing that the production of all or any of such documents would be against the public interest or security of the State, it shall inform the Inquiring Authority accordingly and the Inquiring Authority shall, on being so informed, communicate the information to the Government servant and withdraw the requisition made by it for the production or discovery of such documents.”
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