CENTRAL CIVIL SERVICES CLASSIFICATION, CONTROL & APPEAL (CCA) RULES, 1965
No: --- Dated: Dec, 01 1965
CCS (CCA) RULES, 1965
CENTRAL CIVIL SERVICES
(CLASSIFICATION, CONTROL & APPEAL) RULES, 1965
In exercise of the 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 he reby makes the following rules, namely :-
PART I
GENERAL
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 into 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 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 a particular Service,
the matter shall be referred to the President who shall decide the same.
Government of India’s decisions :
(1) Persons to whom not applicable –
In exercise of the powers conferred by sub-rule (2) of rule 3 of the Central Civil Services (Classification, Control and Appeal) Rules, 1957 (now 1965), the President hereby directs that the following classes of Government servants shall be wholly excluded from the operation of the said rules, namely :-
MINISTRY OF EXTERNAL AFFAIRS
Locally recruited staff in Missions abroad.
MINSITRY OF COMMUNICATIONS
(Posts and Telegraphs Department)
(i) Extra-Departmental Agents
(ii) Monthly-rated staff paid from contingencies other than those brought on to regular establishment.
(iii) Monthly-rated work-charged and other employees not on regular establishment.
(iv) Daily-rated staff paid from contingencies.
(v) Daily-rated workmen paid by the day, week, month, etc.
(vi) All hot weather and monsoon establishment.
(vii) Non-departmental telegraphic and telephone operators.
[M.H.A. Notification No. S.R.O. 609, dated the 28th February, 1957].
MINISTRY OF HOME AFFAIRS
Police Officers up to the rank of Inspector of Police in Delhi Special Police Establishment.
[M.H.A., Notification No. F.7/24/61-Ests. (A), dated the 15th December, 1961].
MINISTRY OF URBAN DEVELOPMENT
The President’s Garden Establishment and Estate Office.
[M.H.A., Notification No. 7/5/1959-Ests. (A) dated the 25th May, 1959 as amended by Notification No. 11012/19/84-Estt. (A), dated 28th July, 1986].
MINISTRY OF TOURISM AND CIVIL AVIATION AND MINISTRY OF SHIPPING AND TRANSPORT
(i) Locally recruited staff in Tourist Offices abroad.
(ii) Work-charged personnel of the Mangalore Projects and the Tuticorin Harbour Projects.
[M.H.A., Notification No. 7/1/66-Ests. (A), dated the 11th April, 1966].
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
Civil Posts under the Union other than those ordinarily held by persons to whom these rules do not apply, shall, by a general or special order of the President, be Classified as follows :-
(i) Central Civil Posts, Group 'A';
(ii) Central Civil Posts, Group 'B';
(iii) Central Civil Posts, Group 'C';
(iv) Central Civil Posts, Group 'D';
Government of India’s orders/decisions :-
(1) Notification
In exercise of the powers conferred by Rule 6 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, as amended by the Central Civil Services (Classification, Control and Appeal) Amendment Rules, 1975 and after consultation with the Comptroller and Auditor General of India in relation to the persons serving in the Indian Audit and Accounts Department, the President hereby direct that with effect from the date of issue of this order, all civil posts under the Union, shall, (subject to such exceptions as Government may, by any general or special order, make from time to time), be reclassified as Group A, Group B, Group C and Group D, as the case may be, as indicated below :-
Existing Classification Revised Classification
Class I Group A
Class II Group B
Class III Group C
Class IV Group D
Provided that
(i) the classification of any posts created or deemed to have been created on or after 01.01.1973 in the revised scale but before the date of issue of this order, as specific additions to cadres existing prior to 01.01.1973 shall be the same as that of the posts in the cadres to which they have been added and
(ii) any other posts not covered by (i) above created or deemed to have been created in their revised scale of pay on or after 01.01.1973 but before the date of issue of this order having a classification higher than the one envisaged by para 2 of this order shall be reclassified in terms of that paragraph but without prejudice to the status of the existing incumbents of such posts.
[Deptt. Of Personnel & A.R. Notification No. 21/2/74-Estt. (D) dated 11.11.1975]
(2) Order
In exercise of the powers conferred by proviso to article 309 and clause 5 of article 148 of the Constitution read with Rule 6 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, and in supersession of paragraph 2 of the notification of the Government of India in the Department of Personnel and Administrative Reforms number S.O. 5041 dated the 11th November, 1975 as amended by the notification of Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) number S.O. 1752 dated the 30th June, 1987, and after consultation with the Comptroller and Auditor General of India in relation to the persons serving in the Indian Audit and Accounts Department, the President hereby directs that with effect from the date of publication of this order in the Official Gazette, all civil posts under the Union, shall be classified as follows :-
|
Sl.No. |
Description of Posts |
Classification of posts |
|
1. |
A Central Civil post carrying a pay or a scale of pay with a maximum of not less than Rs. 13,500 |
Group A |
|
2. |
A Central Civil post carrying a pay or a scale of pay with a maximum of not less than Rs. 9,000 but less than Rs. 13,500 |
Group B |
|
3. |
A Central Civil post carrying a pay or a scale of pay with a maximum of over Rs. 4,000 but less than Rs. 9,000 |
Group C |
|
4. |
A Central Civil post carrying a pay or a scale of pay the maximum of which is Rs. 4,000 or less |
Group D |
Explanation :- For the purpose of this order –
(i) ‘Pay’ has the same meaning as assigned to it in F.R. 9 (21) (a) (I);
(ii) ‘Pay or scale of pay’, in relation to a post, means the pay or the scale of pay of the post prescribed under the Central Civil Services (Revised Pay) Rules, 1997.
[Deptt. Of Personnel & Training Order No. 13012/1/98-Estt. (D) dated 20.04.1998]
(3) Order
S.O. 641 (E) – In exercise of the powers conferred by the proviso to article 309 and clause (5) of article 148 of the Constitution read with rule 6 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 and in partial modification of the Government of India in the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) Order number S.O. 332 dated the 20th April, 1998 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 directs that, with effect from the date of publication of this Order in the Official Gazette, all posts of Senior Audit Officers and Senior Account Officers in the Office of the Comptroller and Auditor General of India and in all organized Accounts Cadres in the scale of pay or Rs. 8000-275-13500 shall be classified as Group ‘B’
[Deptt. Of Personnel & Training Order No. 13012/1/98-Estt. (D) dated 29th July, 1998]
(4) Classification of Posts
Under the Central Civil Services (Classification, Control and Appeal) Rules, 1965, all Central Government posts are classified into four categories, viz., Group “A”, “B”, “C” and “D”. This classification is based on the norms prescribed in Department of Personnel and Training Notification No. 13012/2/87-Estt. (D) dated the 30th June, 1987. The classification serves an important administrative purpose including in matters of recruitment/disciplinary cases, etc. Some allowances are also granted with reference to the classification of the posts. The Fifth Central Pay Commission had, however, recommended a new classification dividing all Central Civil posts into six categories namely, Top Executives, Senior Executives, Executives, Supervisory Staff, Supporting Staff and Auxiliary Staff. These recommendations of the Pay Commission had been examined and after consideration of all pros and cons of the matter, it has been decided not to accept classification of posts as recommended by the Pay Commission and to retain the existing classification into Groups “A”, “B”, “C” and “D”.
2. Consequent upon the revision of pay scales on the basis of the recommendations of the Fifth Central Pay Commission, it has, however, become necessary to prescribe revised norms for categorization of posts into the above four categories based on the revised pay scales as approved by the Government.
3. Accordingly, A Notification classifying various Civil posts into Groups “A”, “B”, “C” and “D” based on revised norms of pay scales/pay ranges has been notified in the Official Gazette vide SO 332 (E) dated 20th April, 1998. A copy of the Notification is enclosed. (decision No. (2)].
4. In some Ministries/Departments posts may exist which are not classified as per the norms laid by this Department. It would be seen that all posts would now stand classified strictly in accordance with the norms of pay scales/pay as prescribed under the Notification. If for any specific reason the concerned Ministry/Department proposes to classify the posts differently, it would be necessary for that Department to send a specific proposal to Department of Personnel & Training giving full justification in support of the proposal within three months of this OM so that the exceptions to the norms of classification as laid down in S.O. 332(E) dated 20th April, 1998 can be notified.
[Deptt. Of Personnel and Training OM No. 13012/1/98-Estt. (D), dated 12th June, 1998
(5) Classification of Posts - Clarification
References are being received seeking clarifications whether the revised norms of pay scales/pay would be applicable for classification of posts under the flexible complementing scheme or other lateral advancement schemes.
2. There are many promotion schemes such as merit promotion scheme, career advancement scheme, in-situ promotion scheme etc. where promotions are not linked to availability of vacancy in the higher grade and promotions are allowed in the higher grade in a time bound manner after assessment of the official by temporarily upgrading the post to the higher grade, which gets reverted to the lowest level at which it was originally sanctioned upon vacation of the post by the incumbent due to retirement, further promotion to vacancy based post etc. In many cases, higher scales are allowed on expiry of the specified length of service, even while the person continues to hold the same post such as the Assured Career Progression Scheme. It is clarified that in all such schemes, the classification of the post shall be determined with reference to the grade in which the post is originally sanctioned irrespective of the grade/pay scale in which the officer may be placed at any point of time.
[Deptt. Of Personnel & Training OM No. 11012/5/2000-Estt. (A) dated 10th May, 2000.]
6-A.
All reference to Central Civil Services/Central Civil Posts, Class I, Class II, Class III and Class IV in all Rules, Orders, Schedules, Notifications, Regulations, 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.
Government of India’s orders/decisions :
(1) Delegation of powers to Administrator of Goa, Daman and Diu –
In pursuance of the proviso to rule 8 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, the President hereby orders that all appointments to Central Civil Services and Posts, Class I, under the Government of Goa, Daman and Diu, shall be made by the Administrator of Goa, Daman and Diu :
Provided that no appointment to the post of Chief Secretary, Finance Secretary, Inspector General of Police, or Development Commissioner or any other post which carries an ultimate salary of Rupees two thousand per mensem or more shall be made except with the previous approval of the Central Government.
[M.H.A. Order No. 7/1/65-Ests. (A) dated the 10th February, 1965]
(2) Delegation of powers to Administrator of Dadra and Nagar Haveli –
The President hereby orders that all appointments to Central Civil Services and Posts, Class I under the Government of Dadra and Nagar Haveli shall be made by the Administrator of Dadra and Nagar Haveli.
Provided that no appointment to the post of Chief Secretary, Finance Secretary, Inspector General of Police or Development Commissioner or any other post which carries an ultimate salary of Rupees two thousand per mensem or more shall be made except with the previous approval of the Central Government.
[M.H.A. Order No. 7/6/69-Ests. (A) dated the 12th June, 1969]
(3) Delegation of powers to Administrators of Arunanchal Pradesh and Mizoram –
In pursuance of the proviso to rule 8 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, the President hereby orders that all appointments to Central Civil Services, Class I and Central Civil Posts, Class I, under the Arunachal Pradesh and Mizoram Administrations shall respectively be made by the Administrators of the Union territories of Arunachal Pradesh and Mizoram appointed under article 239 of the Constitution :
Provided that no appointment to the post of Chief Secretary, Finance Secretary, Inspector General of Police or Development Commissioner or any other post which carries an ultimate salary of Rupees two thousand per mensem or more shall be made except with the previous approval of the Central Government.
[Dept. of Personnel Order No. 7/2/72-Est.(A), dt. 21st January, 1972].
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 offence 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), an 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 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-rules (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.”
Government of India’s decisions :
(1) Report of arrest to superiors by Government servants :-
It shall be the duty of the Government servant who may be arrested for any reason to intimate the fact of his arrest and the circumstances connected therewith to his official superior promptly even though he might have subsequently been released on bail. On receipt of the information from the person concerned or from any other source the departmental authorities should decide whether the fact and circumstances leading to the arrest of the person call for his suspension. Failure on the part of any Government servant to so inform his official superiors will be regarded as suppression of material information and will render him liable to disciplinary action on this ground alone, apart from the action that may be called for on the outcome of the police case against him.
[MHA letter No. 39/59/54-Est.(A) dated the 25th February, 1955]
State Governments have also been requested to issue necessary instructions to Police authorities under their control to send prompt intimation of arrest and/or release on bail etc. of Central Government servant to the latter’s official superiors.
(2) Headquarters of Government servant under suspension
A question recently arose whether an authority competent to order the suspension of an official has the power to prescribe his headquarters during the period of suspension. The matter has been examined at length in this Ministry and the conclusions reached are stated in the following paragraphs.
2. An officer under suspension is regarded as subject to all other conditions of service applicable generally to Government servants and cannot leave the station without prior permission. As such, the headquarters of a Government servant should normally be assumed to be his last place of duty. However, where an individual under suspension requests for a change of headquarters, there is no objection to a competent authority changing the headquarters if it is satisfied that such a course will not put Government to any extra expenditure like grant of T.A. etc. or other complications.
3. The Ministry of Finance/etc. may bring the above to the notice of all concerned.
[M.H.A. O.M. No. 39/5/56-Ests. (A) dated the 8th September, 1956]
(3) How suspension is to be regulated during pendency of criminal proceedings, arrests, detention etc.
The case of suspension during pendency of criminal proceedings or proceeding for arrest, for debt or during detention under a law providing for preventive detention, shall be dealt with in the following manner hereafter :-
(a) A Government servant who is detained in custody under any law providing for preventive detention or a result of a proceeding either on a criminal charge or for his arrest for debt shall if the period of detention exceeds 48 hours and unless he is already under suspension, be deemed to be under suspension from the date of detention until further orders as contemplated in rule 10 (2) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. Government servants who is undergoing a sentence of imprisonment shall be also dealt with in the same manner pending decision on the disciplinary action to be taken against him.
(b) A Government servant against whom a proceeding has been taken on a criminal charge but who is not actually detained in custody (e.g., a person released on bail) may be placed under suspension by an order of the competent authority under clause (b) of Rule 10 (1) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. If the charge is connected with the official position of the Government servant or involving any moral turpitude on his part, suspension shall be ordered under this rule unless there are exceptional reasons for not adopting this course.
(c) A Government servant against whom a proceeding has been taken for arrest for debt but who is not actually detained in custody may be placed under suspension by an order under clause (a) of Rule 10 (1) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 i.e., only if a disciplinary proceeding against him is contemplated.
(d) When a Government servant who is deemed to be under suspension in the circumstances mentioned in clause (a) or who is suspended in circumstances mentioned in clause (b) is re-instated without taking disciplinary proceedings against him, his pay and allowances for the period of suspension will be regulated under FR 54 i.e., in event of his being acquitted of blame or if the proceedings taken against him was for his arrest for debt or it being proved that his liability arose from circumstances beyond his control or the detention being held by any competent authority to be wholly unjustified, the case may be dealt with under FR 54 (2), otherwise it may be dealt with under FR 54 (3).
[M.O.F. No. F.15(8)-E IV/57, dated 28th March, 1959].
(4) Circumstances under which a Government servant may be placed under suspension –
Recommendation No. 61, contained in paragraph 8.5 of the report of the Committee on Prevention of Corruption, has been carefully considered in the light of the comments received from the Ministries. It has been decided that public interest should be guiding factor in deciding to place a Government servant under suspension, and the disciplinary authority, should have discretion to decide this taking all factors into account. However, the following circumstances are indicated in which a Disciplinary Authority may consider it appropriate to place a Government servant under suspension. These are only intended for guidance and should not be taken as mandatory :-
(i) Cases where continuance in office of the Government servant will prejudice the investigation, trial or any inquiry (e.g. apprehended tampering with witnesses or documents);
(ii) Where the continuance in office of the Government servant is likely to seriously subvert discipline in the office in which the public servant is working;
(iii) Where the continuance in office of the Government servant will be against the wider public interest [other than those covered by (1) and (2)] such as there is public scandal and it is necessary to place the Government servant under suspension to demonstrate the policy of the Government to deal strictly with officers involved in such scandals, particularly corruption;
(iv) Where allegations have been made against the Government servant and preliminary inquiry has revealed that a prima facie case is made out which would justify his prosecution or is being proceeded against in departmental proceedings, and where the proceedings are likely to end in his conviction and/or dismissal, removal or compulsory retirement from service.
NOTE :
(a) In the first three circumstances the disciplinary authority may exercise his discretion to place a Government servant under suspension even when the case is under investigation and before a prima facie case has been established.
(b) Certain types of misdemeanor where suspension may be desirable in the four circumstances mentioned are indicated below :-
(i) any offence or conduct involving moral turpitude;
(ii) corruption, embezzlement or misappropriation of Government money, possession of disproportionate assets, misuse of official powers for personal gain;
(iii) serious negligence and dereliction of duty resulting in considerable loss to Government;
(iv) desertion of duty;
(v) refusal or deliberate failure to carry out written orders of superior officers.
In respect of the types of misdemeanor specified in sub clauses (iii) and (v) discretion has to be exercised with care.
[MHA OM No. 43/56/64-AVD dated the 22nd October, 1964].
(5) Forwarding of Application of Government servants involved in disciplinary proceedings :
A case has come to the notice of this Ministry in which the application of a Government servant against whom departmental proceedings were pending was forwarded for an assignment under an international organisation. The propriety of such an action has been considered carefully and the following decisions have been taken :-
(a) Cases of Government servants who are under suspension or against whom departmental proceedings are pending :-
Applications of such Government servants should not be forwarded, nor should they be released, for any assignment, scholarship, fellowship, training, etc. under an international agency / organisation or a foreign Government. Such Government servants should also not be sent or allowed to go on deputation or foreign service to posts under an authority in India.
(b) Cases of Government servants on whom the penalty of withholding of increments or reduction to a lower stage in a time-scale or to a lower time scale or to a lower service, grade or post has been imposed :-
Applications of such Government servant should not be forwarded, nor should they be released during the currency of the penalty, for any assignment under international agency/organisation or a foreign Government. Such Government servants should also not be sent or allowed to go, during the currency of the penalty, on deputation or foreign service to posts under an authority in India. Even after the expiry of the penalty, it will have to be examined, having regard to the nature of the offence and the proximity of its occurrence, whether the Government servant concerned should be permitted to go on foreign assignment/deputation to another Department/foreign service to an authority in India.
[MHA OM No. 39/17/63-Ests. (A) dated the 6th September, 1968]
(5A) Forwarding of applications for other posts – Principles regarding –
The question regulating the forwarding of applications to the Ministries/Departments/other Government offices or to the UPSC from candidates serving under the Government has been reviewed.
2. It has been decided to consolidate the instructions on the subject. Therefore, the following instructions in supersession of the instructions contained in this Department’s OMs No. 11012/10/75-Estt. (A) dated 18.10.1975 and No. 42015/4/78-Estt. (C) dated 01.01.1979 are issued for guidance of all the Administrative Authorities.
3. Application of a Government servant for appointment, whether by Direct Recruitment, transfer on deputation or transfer, to any other post should not be considered/forwarded if :-
(i) He is under suspension; or
(ii) Disciplinary proceedings are pending against him and a charge sheet has been issued; or
(iii) Sanction for prosecution, where necessary has been accorded by the competent authority; or
(iv) where a prosecution sanction is not necessary, a charge sheet has been filed in a court of law against him for criminal prosecution.
4. When the conduct of a Government Servant is under investigation (by the CBI or by the controlling Department) but the investigation has not reached the stage of issue of charge sheet or prosecution sanction or filing of charge-sheet for criminal prosecution in a court, the application of such a Government servant may be forwarded together with brief comments on the nature of allegations and it should also be made clear that in the event of actual selection of the Government servant, he would not be released for taking up the appointment, if by that time charge sheet for imposition of penalty under CCS (CCA) Rules, 1965 or sanction for prosecution is issued or a charge sheet is filed in a court to prosecute the Government Servant, or he is placed under suspension.
5. Where Government servants apply directly to UPSC as in the case of direct recruitment, they must immediately inform the Head of their office/Department giving details of the examination/post for which they have applied, requesting him to communicate his permission to the Commission directly. If, however, the Head of the Office/Department considers it necessary to withhold the requisite permission, he should inform the Commission accordingly within 45 days of the date of closing for receipt of applications. In case any situation mentioned in para 3 is obtaining, the requisite permission should not be granted and UPSC should be immediately informed accordingly. In case a situation mentioned in para 4 is obtaining, action may be taken to inform UPSC of this fact as also the nature of allegations against the Government servant. It should also be made clear that in the event of actual selection of Government servant, he would not be relieved for taking up the appointment, if the charge sheet/prosecution sanction is issued or a charge sheet is filed in a court for criminal prosecution, or if the Government servant is placed under suspension.
6. The administrative Ministries/Departments of the Government of India may also note that, in case of Direct Recruitment by selection viz., “Selection by Interview” it is the responsibility of the requisitioning Ministry / Department to bring to the notice of the Commission any point regarding unsuitability of the candidate (Government servant) from the vigilance angle and that the appropriate stage for doing so would be the consultation at the time of preliminary scrutiny i.e. when the case is referred by the Commission to the Ministry/Departments for the comments of the Ministry’s Representatives on the provisional selection of the candidates for interview by the Commission.
[Deptt. Of Personnel & Training OM No. AB14017/101/91-Estt. (RR) dated 14th May, 1993]
(6) Suspension – Reduction of time limit fixed for serving charge-sheet :-
In the Ministry of Home Affairs OM No. 221/18/65-AVD, dated the 7th September, 1965, the attention of all disciplinary authorities was drawn to the need for quick disposal of cases of Government servants under suspension and it was desired, in particular, that the investigation in such cases should be completed and a charge-sheet filed in court, in cases of prosecution, or served on the Government servant, in cases of departmental proceedings, within six months. The matter was considered further at a meeting of the National Council held on the 27th January, 1971 and in partial modification of the earlier orders it has been decided that every effort should be made to file the charge-sheet in court or serve the charge-sheet on the Government servant, as the case may be within three months of the date of suspension, and in cases in which it may not be possible to do so, the disciplinary authority should report the matter to the next higher authority explaining the reasons for the delay.
[Cabinet Sectt. (Department of Personnel) Memo. No. 39/39/70-Ests.(A) dated the 4th February, 1971].
Government have already reduced the period of suspension during investigation, barring exceptional cases which are to be reported to the higher authority, from six months to three months. It has been decided that while the orders contained in the Office Memorandum of 4th February, 1971 would continue to be operative in regard to cases pending in courts in respect of the period of suspension pending investigation before the filing of a charge-sheet in the Court as also in respect of serving of the charge sheet on the Government servant in cases of departmental proceedings, in cases other than those pending in courts, the total period of suspension viz., both in respect of investigation and disciplinary proceedings should not ordinarily exceed six months. In exceptional cases where it is not possible to adhere to this time limit, the disciplinary authority should report the matter to the next higher authority, explaining the reasons for the delay.
[Cabinet Sectt. (Department of Personnel) OM No. 39/33/72-Estt. (A) dated the 16th December, 1972].
In spite of the instructions referred to above, instances have come to notice in which Government servants continued to be under suspension for unduly long periods. Such unduly long suspension while putting the employee concerned to undue hardship, involves payment of subsistence allowance without the employee performing any useful service to the Government. It is, therefore impressed on all the authorities concerned that they should scrupulously observe the time limits laid down in the Office Memoranda referred to in the preceding paragraph and review the cases of suspension to see whether continued suspension in all cases is really necessary. The authorities superior to the disciplinary authorities should also exercise a strict check on cases in which delay has occurred and give appropriate directions to the disciplinary authorities keeping in view the provisions contained in the aforesaid Office Memoranda.
[Department of Personnel & AR OM No. 11012/7/78-Ests.(A) dated the 14th September, 1978].
The attention of the Ministry of Finance etc. is invited to this Depart