CCS (CCA) Rules 1965
THE CENTRAL CIVIL SERVICES (CLASSIFICATION,
CONTROL AND APPEAL) RULES, 1965
In the exercise of powers conferred by proviso
to Article 309 and Clause (5) of Article 148 of the Constitution and after
consultation with the Comptroller and Auditor-General in relation to persons
serving in the Indian Audit and Accounts Department, the President hereby
makes the following rules, namely:-
PART I —GENERAL
Rule -1. Short title and commencement—
(1)
These
Rules may be called the Central Civil Services (Classification, Control and
Appeal) Rules, 1965.
(2)
They
shall come in to force on the 1st December, 1965.
2. Interpretation
In
these rules, unless the context otherwise requires, -
(a)
"appointing authority", in relation to a Government servant,
means -
(i)
the authority empowered to make appointments to the Service of which the
Government servant is for the time being a member or to the grade of the
Service in which the Government servant is for the time being included, or
(ii)
the authority empowered to make appointments to the post which the Government
servant for the time being holds, or
(iii)
the authority which appointed the Government servant to such Service, grade or
post, as the case may be, or
(iv)
where the Government servant having been a permanent member of any other
Service or having substantively held any other permanent post, has been in
continuous employment of the Government, the authority which appointed him to
that Service or to any grade in that Service or to that post, whichever authority is the highest authority;
(b)
"cadre authority", in relation to a Service, has the same
meaning as in the rules regulating that Service;
(c)
"Central Civil Service and Central Civil post" includes a
civilian Service or civilian post, as the case may be, of the corresponding
Group in the Defence Services;
(d)
"Commission" means the Union Public Service Commission;
(e)
"Defence Services" means services under the Government of
India in the Ministry of Defence, paid out of the Defence Services Estimates,
and not subject to the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of
1957) and the Air Force Act, 1950 (45 of 1950);
(f)
"Department of the Government of India" means any
establishment or organization declared by the President by a notification in
the Official Gazette to be a department of the Government of India;
(g)
"disciplinary authority" means the authority competent under
these rules to impose on a Government servant any of the penalties specified in
Rule 11;
(h)
"Government servant” means a person who -
(i)
is a member of a Service or holds a civil post under the Union, and includes
any such person on foreign service or whose services are temporarily placed at
the disposal of a State Government, or a local or other authority;
(ii)
is a member of a Service or holds a civil post under a State Government and
whose services are temporarily placed at the disposal of the Central
Government;
(iii)
is in the service of a local or other authority and whose services are
temporarily placed at the disposal of the Central Government;
(i)
" head of the department" for the purpose of exercising the
powers as appointing, disciplinary, appellate or reviewing authority, means the
authority declared to be the head of the department under the Fundamental and
Supplementary Rules or the Civil Service Regulations, as the case may be;
(j)
"head of the office" for the purpose of exercising the powers
as appointing, disciplinary, appellate or reviewing authority, means the
authority declared to be the head of the office under the General Financial
Rules;
(k)
"Schedule" means the Schedule to these rules;
(l)
"Secretary" means the Secretary to the Government of India in
any Ministry or Department, and includes-
(i)
a Special Secretary or an Additional Secretary,
(ii)
a Joint Secretary placed in independent charge of a Ministry or Department,
(iii)
in relation to the Cabinet Secretariat, the Secretary to the Cabinet,
(iv)
in relation to the President's Secretariat, the Secretary to the President, or
as the case may be, the Military Secretary to the President,
(v)
in relation to the Prime Minister's Secretariat, the Secretary to the
Prime Minister, and
(vi)
in relation to the Planning Commission, the Secretary or the Additional
Secretary to the Planning Commission;
(m)
"Service" means a civil service of the Union.
3. Application
(1)
These rules shall apply to every Government servant including every civilian
Government servant in the Defence Services, but shall not apply to -
(a)
any railway servant, as defined in Rule 102 of Volume I of the Indian Railways
Establishment Code,
(b)
any member of the All India Services,
(c)
any person in casual employment,
(d)
any person subject to discharge from service on less than one month's notice,
(e)
any person for whom special provision is made, in respect of matters covered by
these rules, by or under any law for the time being in force or by or under any
agreement entered into by or with the previous approval of the President before
or after the commencement of these rules, in regard to matters covered by such
special provisions.
(2)
Notwithstanding anything contained in sub-rule (1), the President may by order
exclude any Group of Government servants from the operation of all or any of
these rules.
(3)
Notwithstanding anything contained in sub-rule (1), or the Indian Railways
Establishment Code, these rules shall apply to every Government servant
temporarily transferred to a Service or post coming within Exception (a) or (e)
in sub-rule (1), to whom, but for such transfer, these rules would apply.
(4)
If any doubt arises, -
(a)
whether these rules or any of them apply to any person, or
(b)
whether any person to whom these rules apply belongs to a particular
Service, the matter shall be referred to the President, who shall decide the
same.
PART II –
CLASSIFICATION
4. Classification of Services
(1)
The Civil Services of the Union shall be classified as follows:-
(i)
Central Civil Services, Group ‘A’;
(ii)
Central Civil Services, Group ‘B’;
(iii)
Central Civil Services, Group ‘C’;
(iv) Central Civil Services, Group ‘D’.
(2)
If a Service consists of more than one grade, different grades of such Service
may be included in different groups.
5. Constitution of Central Civil Services
The
Central Civil Services, Group 'A', Group 'B', Group 'C' and Group 'D', shall
consist of the Services and grades of Services specified in the Schedule.
6. Classification of Posts
The
Central Civil Services, Group 'A', Group 'B', Group 'C' and Group 'D', shall
consist of the Services and grades of Services specified in the Schedule.
6-A All references to Central Civil
Services/Central Civil Posts, Class I, Class II, Class III and Class IV in all
Rules, Orders, Schedules, Notifications, Regulations, and Instructions in
force, immediately before the commencement of these rules shall be construed as
references to Central Civil Services/Central Civil Posts, Group 'A', Group 'B',
Group 'C' and Group 'D' respectively, and any reference to "Class or
Classes" therein in this context shall be construed as reference to
"Group or Groups", as the case may be.
7. General Central Service
Central Civil
posts of any group not included in any other Central Civil Service shall be
deemed to be included in the General Central Service of the corresponding group
and a Government servant appointed to any such post shall be deemed to be a
member of that Service unless he is already a member of any other Central Civil
Service of the same group.
PART III – APPOINTING AUTHORITY
8. Appointments to Group ‘A’ Services and Posts
All
appointments to Central Civil Services, Group ‘A’ and Central Civil Posts,
Group ‘A’, shall be made by the President :
Provided
that the President may, by a general or a special order and subject to such
conditions as he may specify in such order, delegate to any other authority the
power to make such appointments.
9. Appointments to other Services and Posts
(1)
All appointments to the Central Civil Services (other than the General Central
Service) Group ‘B’, Group ‘C’ and Group ‘D’ shall be made by the authorities
specified in this behalf in the Schedule :
Provided
that in respect of Group ‘C’ and Group ‘D’, Civilian Services, or civilian
posts in the Defence Services appointments may be made by officers empowered in
this behalf by the aforesaid authorities.
(2)
All appointments to Central Civil Posts, Group ‘B’, Group ‘C’ and Group ‘D’,
included in the General Central Service shall be made by the authorities
specified in that behalf by a general or special order of the President, or
where no such order has been made, by the authorities, specified in this behalf
in the Schedule.
PART IV – SUSPENSION
10.
Suspension
(1)
The appointing authority or any authority to which it is subordinate or the
disciplinary authority or any other authority empowered in that behalf by the
President, by general or special order, may place a Government servant under
suspension-
(a)
where a disciplinary proceeding against him is contemplated or is pending; or
(aa) where, in the opinion of the authority
aforesaid, he has engaged himself in activities prejudicial to the interest of
the security of the State; or
(b)
where a case against him in respect of any criminal offense is under
investigation, inquiry or trial:
Provided
that, except in case of an order of suspension made by the Comptroller and
Auditor-General in regard to a member of the Indian Audit and Accounts Service
and in regard to an Assistant Accountant General or equivalent (other than a
regular member of the Indian Audit and Accounts Service), where the order of
suspension is made by an authority lower than the appointing authority, such
authority shall forthwith report to the appointing authority the circumstances
in which the order was made.
(2)
A Government servant shall be deemed to have been placed under suspension by an
order of appointing authority –
(a)
with effect from the date of his detention, if he is detained in custody,
whether on a criminal charge or otherwise, for a period exceeding forty-eight
hours;
(b)
with effect from the date of his conviction, if, in the event of a conviction
for an offence, he is sentenced to a term of imprisonment exceeding forty-eight
hours and is not forthwith dismissed or removed or compulsorily retired
consequent to such conviction.
EXPLANATION
- The period of forty-eight hours referred to in clause (b) of this sub-rule
shall be computed from the commencement of the imprisonment after the
conviction and for this purpose, intermittent periods of imprisonment, if any,
shall be taken into account.
(3)
Where a penalty of dismissal, removal or compulsory retirement from service
imposed upon a Government servant under suspension is set aside in appeal or on
review under these rules and the case is remitted for further inquiry or action
or with any other directions, the order of his suspension shall be deemed to
have continued in force on and from the date of the original order of
dismissal, removal or compulsory retirement and shall remain in force until
further orders.
(4)
Where a penalty of dismissal, removal or compulsory retirement from service
imposed upon a Government servant is set aside or declared or rendered void in
consequence of or by a decision of a Court of Law and the disciplinary
authority, on a consideration of the circumstances of the case, decides to hold
a further inquiry against him on the allegations on which the penalty of
dismissal, removal or compulsory retirement was originally imposed, the
Government servant shall be deemed to have been placed under suspension by the
Appointing Authority from the date of the original order of dismissal, removal
or compulsory retirement and shall continue to remain under suspension until
further orders : Provided that no such further inquiry shall be ordered unless
it is intended to meet a situation where the Court has passed an order purely
on technical grounds without going into the merits of the case.
(5)
(a) Subject to the provisions contained in sub-rule (7), and order of
suspension made or deemed to have been made under this rule shall continue to
remain in force until it is modified or revoked by the authority competent to
do so.
(b)
Where a Government servant is suspended or is deemed to have been suspended
(whether in connection with any disciplinary proceeding or otherwise), and any
other disciplinary proceeding is commenced against him during the continuance
of that suspension, the authority competent to place him under suspension may,
for reasons to be recorded by him in writing, direct that the Government servant
shall continue to be under suspension until the termination of all or any of
such proceedings.
(c)
An order of suspension made or deemed to have been made under this rule may at
any time be modified or revoked by the authority which made or is deemed to
have made the order or by any authority to which that authority is subordinate.
(6)
An order of suspension made or deemed to have been made under this rule shall
be reviewed by the authority which is competent to modify or revoke the
suspension, before expiry of ninety days from the effective date of suspension,
on the recommendation of the Review Committee constituted for the purpose and
pass orders either extending or revoking the suspension. Subsequent reviews
shall be made before expiry of the extended period of suspension. Extension of
suspension shall not be for a period exceeding one hundred and eighty days at a
time.
(7)
An order of suspension made or deemed to have been made under sub-rule (1) or
(2) of this rule shall not be valid after a period of ninety days unless it is
extended after review, for a further period before the expiry of ninety days.
Provided
that no such review of suspension shall be necessary in the case of deemed
suspension under sub-rule (2), if the Government servant continues to be under
suspension at the time of completion of ninety days of suspension and the
ninety days period in such case will count from the date the Government servant
detained in custody is released from detention or the date on which the fact of
his release from detention is intimated to his appointing authority, whichever
is later.
PART V – PENALTIES
AND DISCIPLINARY AUHTORITIES
11.
Penalties
The
following penalties may, for good and sufficient reasons and as here in after
provided, be imposed on a Government servant, namely:-
Minor Penalties –
(i) censure;
(ii)
withholding of his promotion;
(iii)
recovery from his pay of the whole or part of any pecuniary loss caused by him
to the Government by negligence or breach of orders;
(iii
a) reduction to a lower stage in the time-scale of pay by one stage for a
period not exceeding three years, without cumulative effect and not adversely
affecting his pension.
(iv)
withholding of increments of pay;
Major Penalties –
(v)
save as provided for in clause (iii) (a), reduction to a lower stage in the
time-scale of pay for a specified period, with further directions as to whether
or not the Government servant will earn increments of pay during the period of
such reduction and whether on the expiry of such period, the reduction will or
will not have the effect of postponing the future increments of his pay;
(vi)
reduction to the lower time-scale of pay, grade, post, or Service for a period
to be specified in the order of penalty, which shall be a bar to the promotion
of the Government servant during such specified period to the time-scale of
pay, grade, post or Service from which he was reduced, with direction as to
whether or not, on promotion on the expiry of the said specified period –
(a)
the period of reduction to the time-scale of pay, grade, post, or service shall
operate to postpone future increments of his pay, and if so, to what extent;
and
(b)
the Government servant shall regain his original seniority in the higher time
scale of pay, grade, post, or service;
(vii) compulsory retirement;
(viii)
removal from service which shall not be a disqualification for future
employment under the Government;
(ix)
dismissal from service which shall ordinarily be a disqualification for future
employment under the Government.
Provided
that, in every case in which the charge of possession of assets
disproportionate to known sources of income or the charge of acceptance from
any person of any gratification, other than legal remuneration, as a motive or
reward for doing or forbearing to do any official act is established, the
penalty mentioned in clause (viii) or clause (ix) shall be imposed: Provided
further that in any exceptional case and for special reasons recorded in
writing, any other penalty may be imposed.
Explanation.—The
following shall not amount to a penalty within the meaning of this rule,
namely:—
(i)
withholding of increments of pay of a Government servant for his failure to
pass any departmental examination in accordance with the rules or orders
governing the Service to which he belongs or post which he holds or the terms
of his appointment;
(ii)
stoppage of a Government servant at the efficiency bar in the timescale of pay
on the ground of his unfitness to cross the bar;
(iii)
non-promotion of a Government servant, whether in a substantive or officiating
capacity, after consideration of his case, to a Service, grade or post for
promotion to which he is eligible;
(iv)
reversion of a Government servant officiating in a higher Service, grade, or
post to a lower Service, grade or post, on the ground that he is considered to
be unsuitable for such higher Service, grade or post or on any administrative
ground unconnected with his conduct;
(v)
reversion of a Government servant, appointed on probation to any other Service,
grade, or post, to his permanent Service, grade, or post during or at the end
of the period of probation in accordance with the terms of his appointment or
the rules and orders governing such probation;
(vi)
replacement of the services of a Government servant whose services had been
borrowed from a State Government or an authority under the control of a State
Government, at the disposal of the State Government or the authority from which
the services of such Government servant had been borrowed;
(vii)
compulsory retirement of a Government servant in accordance with the provisions
relating to his superannuation or retirement;
(viii)
termination of the services—
(a)
of a Government servant appointed on probation, during or at the end of the
period of his probation, in accordance with the terms of his appointment or the
rules and orders governing such probation; or
(b)
of a temporary Government servant in accordance with the provisions of sub-rule
(1) of rule 5 of the Central Civil Services (Temporary Service) Rules, 1965; or
(c)
of a Government servant, employed under an agreement, in accordance with the
terms of such agreement.
(ix)
Any compensation awarded on the recommendation of the Complaints Committee
referred to in the proviso to sub-rule (2) of rule 14 and established in the
Department of the Government of India for inquiring into any complaint of
sexual harassment within the meaning of rule 3 C of the Central Civil Services
(Conduct) Rules, 1964.
PART V – PENALTIES
AND DISCIPLINARY AUHTORITIES
12.
Disciplinary Authorities
(1)
The President may impose any of the penalties specified in Rule 11 on any
Government servant.
(2)
Without prejudice to the provisions of sub-rule (1), but subject to the provisions
of sub-rule (4), any of the penalties specified in Rule 11 may be imposed on –
(a)
a member of a Central Civil Service other than the General Central Service, by
the appointing authority or the authority specified in the schedule in this
behalf or by any other authority empowered in this behalf by a general or
special order of the President;
(b)
a person appointed to a Central Civil Post included in the General Central
Service, by the authority specified in this behalf by a general or special
order of the President or, where no such order has been made, by the appointing
authority or the authority specified in the Schedule in this behalf.
(3)
Subject to the provisions of sub-rule (4), the power to impose any of the
penalties specified in Rule 11 may also be exercised, in the case of a member
of a Central Civil Services, Group ‘C’ (other than the Central Secretariat
Clerical Service), or a Central Civil Service, Group ‘D’,-
(a)
if he is serving in a Ministry or Department of the Government of India, by the
Secretary to the Government of India in that Ministry or Department, or
(b)
if he is serving in any office, by the head of that office, except where the
head of that office is lower in rank than the authority competent to impose the
penalty under sub-rule (2).
(4)
Notwithstanding anything contained in this rule –
(a)
except where the penalty specified in clause (v) or clause (vi) of Rule 11 is
imposed by the Comptroller and Auditor-General on a member of the Indian Audit
and Accounts Service, no penalty specified in clause (v) to (ix) of that rule
shall be imposed by any authority subordinate to the appointing authority;
(b)
where a Government servant who is a member of a Service other than then General
Central Service or who has been substantively appointed to any civil post in
the General Central Service, is temporarily appointed to any other Service or
post, the authority competent to impose on such Government servant any of the
penalties specified in clauses (v) to (ix) of Rule 11 shall not impose any such
penalties unless it has consulted such authority, not being an authority
subordinate to it, as would have been competent under sub-rule (2) to impose on
the Government servant any of the said penalties had he not been appointed to
such other Service or post;
(c)
in respect of a probationer undergoing training at the Lal Bahadur Shastri
National Academy of Administration, the Director of the said Academy shall be
the authority competent to impose on such probationer any of the penalties
specified in clauses (i) and (iii) of rule 11 after observing the procedure
laid down in rule 16.
EXPLANATION I.
For the purposes of clause (c), 'probationer' means a person appointed to a
Central Civil Service on probation.
EXPLANATION II.
Where a Government servant belonging to a Service or holding a Central Civil
post of any Group, is promoted, whether on probation or temporarily to the
Service or Central Civil post of the next higher Group, he shall be deemed for
the purposes of this rule to belong to the Service of, or hold the Central
Civil post of, such higher Group.
13. Authority to institute proceedings
(1)
The President or any other authority empowered by him by general or special
order may -
(a)
institute disciplinary proceedings against any Government servant;
(b)
direct a disciplinary authority to institute disciplinary proceedings against
any Government servant on whom that disciplinary authority is competent to
impose under these rules any of the penalties specified in rule 11.
(2)
A disciplinary authority competent under these rules to impose any of the
penalties specified in clauses (i) to (iv) of rule 11 may institute
disciplinary proceedings against any Government servant for the imposition of
any of the penalties specified in clauses (v) to (ix) of rule 11
notwithstanding that such disciplinary authority is not competent under these
rules to impose any of the latter penalties.