Les 1965
Les 1965
Les 1965
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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 hereby makes the following
rules, namely:-
PART I - GENERAL
Rule 2. Interpretation »
Rule 3. Application »
PART II - CLASSIFICATION
PART IV - SUSPENSION
PART IX - MISCELLANEOUS
* Published vide G.I.M.H. Affairs Notification No. F-7/2/63-Ests.(A) dated the 20th November, 1965 (as
amended from time to time).
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The Central Civil Services (Classification, Control & Appeal) Rules, 1965
(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.
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The Central Civil Services (Classification, Control & Appeal) Rules, 1965
2. INTERPRETATION:
(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,
(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;
(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;
(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;
(l) "Secretary" means the Secretary to the Government of India in any Ministry or Department, and includes-
(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;
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The Central Civil Services (Classification, Control & Appeal) Rules, 1965
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,
(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.
(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.
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The Central Civil Services (Classification, Control & Appeal) Rules, 1965
4. CLASSIFICATION OF SERVICES:
(2) If a Service consists of more than one grade, different grades of such Service may be included in different
groups.
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The Central Civil Services (Classification, Control & Appeal) Rules, 1965
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.
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The Central Civil Services (Classification, Control & Appeal) Rules, 1965
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:-
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.
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The Central Civil Services (Classification, Control & Appeal) Rules, 1965
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.
(1) Notification [Deptt. Of Personnel & A.R. Notification No. 21/2/74-Estt. (D) dated 11.11.1975] »
(2) Order [Deptt. Of Personnel & Training Order No. 13012/1/98-Estt. (D) dated 20.04.1998] »
(2A) Order [Deptt. Of Personnel & Training Order No. 13012/1/98-Estt. (D) dated 29th July, 1998] »
(3) Classification of Posts [Deptt. Of Personnel and Training OM No. 13012/1/98-Estt. (D), dated 12th
June, 1998] »
(4) Classification of Posts - Clarification [Deptt. Of Personnel & Training OM No. 11012/5/2000-Estt. (A)
dated 10th May, 2000.] »
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The Central Civil Services (Classification, Control & Appeal) Rules, 1965
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.
(1) Delegation of powers to Administrator of Goa, Daman and Diu [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 [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 [Dept. of Personnel Order
No. 7/2/72-Est.(A), dt. 21st January, 1972] »
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The Central Civil Services (Classification, Control & Appeal) Rules, 1965
(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.
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The Central Civil Services (Classification, Control & Appeal) Rules, 1965
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-
(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.”
(1) Report of arrest to superiors by Government servants [MHA letter No. 39/59/54-Est.(A) dated the
25th February, 1955] »
(2) Headquarters of Government servant under suspension [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.
[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 [MHA OM No.
43/56/64-AVD dated the 22nd October, 1964] »
(5) Forwarding of Application of Government servants involved in disciplinary proceedings [MHA OM No.
39/17/63-Ests. (A) dated the 6th September, 1968] »
(5A) Forwarding of applications for other posts – Principles regarding [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 [Deptt. of Personnel & A.R. O.M.
No. 42014/7/83-Ests.(A) dated the 18th February, 1984] »
(6A) Reasons for suspension to be communicated on expiry of three months period if no charge-sheet is
issued [Deptt. of Personnel & A.R. O.M. No. 35014/1/81-Ests.(A) dated the 9th November, 1982] »
(7) Timely payment of subsistence allowance [Deptt. of Personnel & Training, OM No. 11012/17/85-
Estt.(A) dated the 28th October, 1985.] »
(8) Erroneous detention or detention without basis [Department of Personnel & A.R. OM No.
35014/9/76-Estt. (A) dated 08.08.1977] »
(9) Deemed suspension on grounds of detention to be treated as revoked if conviction does not follow
[Deptt. of Personnel & Trg. OM No. 11012/16/85-Estt. (A) dated 10.01.1986] »
(10) Disciplinary proceedings against an employee appointed to a higher post on ad-hoc basis [Deptt. of
Pers. & Trg. OM No. 11012/9/86-Estt. (A) dated the 24th December, 1986] »
(11) Suspension in cases of dowry death [Deptt. of Personnel & Trg. OM No. 11012/8/87-Ests. (A) dated
the 22nd June, 1987] »
(13) Promotion of Government servants against whom disciplinary/court proceedings are pending or
whose Conduct is under investigation-Procedure and guidelines to be followed [Deptt. of Personnel &
Training OM No. 22011/4/91-Estt.(A) dated 14.09.1992] »
(13A) Instructions on sealed cover procedure – Applicability to review DPC – clarification regarding [Deptt.
of Personnel & Training OM No. 22011/2/99-Estt. (A) dated 21.11.2002] »
(13B) Sealed Cover Procedure – Judgment of the Supreme Court in the case of Delhi Jal Board Vs.
Mohinder Singh [JT 2002 (10) SC 158] [Deptt. of Personnel & Training OM No. 22011/2/2002-Estt.
(A) dated 24.02.2003] »
(14) Deemed Suspension under Rule 10 (2) of the CCS (CCA) Rules, 1965 - Supreme Court decision in
the case of Union of India Vs. Rajiv Kumar [Deptt. of Personnel & Training OM No. 11012/8/2003-
Estt. (A) dated 23.10.2003] »
(15A) Suspension of Government servants – Review of – Instructions reg. [Deptt. of Personnel & Training
OM No. 11012/4/2003-Estt. (A) dated 7.01.2004] »
(15B) Suspension of government servants – Review of – Instructions reg. [Deptt. of Personnel & Training
OM No. 11012/4/2003-Estt. (A) dated 19.03.2004] »
(15C) Review of suspension - Amendment to the provisions of rule 10 [DOPT OM No. 11012/4/2007-Estt.
(A), dated 12th July, 2007] »
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The Central Civil Services (Classification, Control & Appeal) Rules, 1965
11. PENALTIES:
The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on a
Government servant, namely:-
Minor Penalties -
(i) censure;
(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;
(iiia) 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.
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 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 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 lime scale of pay, grade, post or
service.]
{Substituted vide the Central Civil Services (Classification, Control and Appeal) Amendment Rules, 2009
notified vide F. No. 11012/2/2005-Estt (A)}
(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-source 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 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 time-scale of pay on the ground of his
unfitness to cross the bar;
(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 any 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;
(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.
(1) Distinction between Censure and Warning [MHA OM No. 39/21/56-Ests. (A) dated the 13th
December, 1956] »
(1A) Writing of Confidential Reports – Mention of warnings therein [Deptt. of Personnel & AR OM No.
21011/1/81-Ests.(A) dated the 5th June, 1981] »
(2) Departmental action for neglect of family by Government servant [MHA OM No. F.25/16/59-Ests. (A)
dated the 1st September, 1959] »
(3) Entry of punishments in confidential rolls [MHA OM No. 38/12/59-Ests.(A) dated the 23rd April, 1960]
»
(4) Repromotion of officers reduced in rank as a measure of penalty [MHA OM No. 9/30/63-Estt.(D) dated
the 7th February, 1964] »
(5) Registering name with Employment Exchange for higher posts not permissible when penalty is in force
[MHA OM No. 14/6/65-Ests.(D) dated the 22nd February, 1965] »
(6) Provision in the rules of public undertaking enabling disciplinary action against direct recruits for acts
committed prior to their recruitment [MHA OM No. 39/1/67-Ests.(A) dated the 21st February, 1967] »
(7) Promotion of employees on whom any penalty has been imposed [Cabinet Sectt. (Department of
Personnel) OM No. 21/5/70-Ests.(A) dated the 15th May, 1971] »
(7A) Promotion of employees on whom any penalty has been imposed [Deptt. of Personnel & A.R. O.M. No.
22011/2/78-Estt.(A) dated the 16th February, 1979] »
(8) Scope of penalty of reduction in rank-Supreme Court judgment in cases of Shri Nayadar Singh & Shri
M.J. Ninama Vs. Union of India (Civil Appeal No. 3003 of 1988 and 889 of 1988) [Deptt. of Pers. &
Trg. OM No. 11012/2/88-Estts. Dated 02.02.89] »
(9) Penalty of reduction to a lower stage in the time scale of pay for a period not exceeding three years
without cumulative effect and not adversely affecting his pension [Deptt. of Pers. & Trg. OM No.
11012/4/86-Estt. (A) dated 28.05.92] »
(10) Action against Government servants to be taken if they are later found ineligible or unqualified for
their initial recruitment [Deptt. Of Personnel & Training OM No. 11012/7/91-Estt. (A) dated
19.05.1993] »
(11) Rule 11 (iii) of the CCS (CCA) Rules, 1965 – Recovery of pecuniary loss caused by a Government
servant – Clarifications [Deptt. Of Personnel & Training OM No. 11012/1/2000-Estt. (A), dated 6th
September, 2000] »
(12) Imposition of penalty of reduction to a lower time scale of pay, grade, post or service [DOPT OM No.
11012/2/2005-Estt. (A), dated 14th May, 2007] »
REFERENCER
HOME CONTACT LINKS MEMBER
The Central Civil Services (Classification, Control & Appeal) Rules, 1965
(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).
(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 the 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.
Government of India Decisions »
(1) Officers performing current duties of a post cannot exercise Statutory powers under the Rules [MHA
OM No. 7/14/61-Ests. (A) dated 24th January, 1963] »
(2) Powers delegated to Chief Commissioner, Andaman & Nicobar Islands [MHA Memo No. F.7/16/64-Ests.
(A) dated the 30th may, 1964] »
(3) Clarification about rules 12, 14 etc. [MHA Memo No. F.39/1/69-Ests. (A) dated the 16th April, 1969] »
REFERENCER
HOME CONTACT LINKS MEMBER
The Central Civil Services (Classification, Control & Appeal) Rules, 1965
(1) The President or any other authority empowered by him by general or special order may -
(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.
REFERENCER
HOME CONTACT LINKS MEMBER
The Central Civil Services (Classification, Control & Appeal) Rules, 1965
(1) No order imposing any of the penalties specified in clauses (v) to (ix) of Rule 11 shall be made except after
an inquiry held, as far as may be, in the manner provided in this rule and rule 15, or in the manner provided
by the Public Servants (Inquiries) Act, 1850 (37 of 1850), where such inquiry is held under that Act.
(2) Whenever the disciplinary authority is of the opinion that there are grounds for inquiring into the truth of
any imputation of misconduct or misbehaviour against a Government servant, it may itself inquire into, or
appoint under this rule or under the provisions of the Public Servants (Inquiries) Act, 1850, as the case may
be, an authority to inquire into the truth thereof.
Provided that where there is a complaint of sexual harassment within the meaning of rule 3 C of the Central
Civil Services (Conduct) Rules, 1964, the complaints Committee established in each ministry or Department or
Office for inquiring into such complaints, shall be deemed to be the inquiring authority appointed by the
disciplinary authority for the purpose of these rules and the Complaints Committee shall hold, if separate
procedure has not been prescribed for the complaints committee for holding the inquiry into the complaints of
sexual harassments, the inquiry as far as practicable in accordance with the procedure laid down in these rules.
EXPLANATION - Where the disciplinary authority itself holds the inquiry, any reference in sub-rule (7) to sub-
rule (20) and in sub-rule (22) to the inquiring authority shall be construed as a reference to the disciplinary
authority.
(3) Where it is proposed to hold an inquiry against a Government servant under this rule and rule 15, the
disciplinary authority shall draw up or cause to be drawn up-
(i) the substance of the imputations of misconduct or misbehaviour into definite and distinct articles of
charge;
(ii) a statement of the imputations of misconduct or misbehaviour in support of each article of charge, which
shall contain-
(a) a statement of all relevant facts including any admission or confession made by the Government
servant;
(b) a list of documents by which, and a list of witnesses by whom, the articles of charge are proposed to be
sustained.
(4) 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 of charges is proposed to be sustained and shall require the
Government servant to submit, within such time as may be specified, a written statement of his defence and
to state whether he desires to be heard in person.
(5)(a) On receipt of the written statement of defence, the disciplinary authority may itself inquire into such of
the articles of charge as are not admitted, or, if it considers it necessary so to do, appoint, under sub-rule
(2), an inquiring authority for the purpose, and where all the articles of charge have been admitted by the
Government servant in his written statement of defence, the disciplinary authority shall record its findings
on each charge after taking such evidence as it may think fit and shall act in the manner laid down in rule
15.
(b) If no written statement of defence is submitted by the Government servant, the disciplinary authority may
itself inquire into the articles of charge, or may, if it considers it necessary to do so, appoint, under sub-
rule (2), an inquiring authority for the purpose.
(c) Where the disciplinary authority itself inquires into any article of charge or appoints an inquiring authority
for holding an inquiry into such charge, it may, by an order, appoint a Government servant or a legal
practitioner, to be known as the "Presenting Officer" to present on its behalf the case in support of the
articles of charge.
(6) The disciplinary authority shall, where it is not the inquiring authority, forward to the inquiring authority-
(i) a copy of the articles of charge and the statement of the imputations of misconduct or misbehaviour;
(ii) a copy of the written statement of the defence, if any, submitted by the Government servant;
(iv) evidence proving the delivery of the documents referred to in sub-rule (3) to the Government servant;
and
(7) The Government servant shall appear in person before the inquiring authority on such day and at such time
within ten working days from the date of receipt by the inquiring authority of the articles of charge and the
statement of the imputations of misconduct or misbehaviour, as the inquiring authority may, by notice in
writing, specify, in this behalf, or within such further time, not exceeding ten days, as the inquiring authority
may allow.
(8)(a) The Government servant may take the assistance of any other Government servant posted in any office
either at his headquarters or at the place where the inquiry is held, to present the case on his behalf, but
may not engage a legal practitioner for the purpose, unless the Presenting Officer appointed by the
disciplinary authority is a legal practitioner, or, the disciplinary authority, having regard to the circumstances
of the case, so permits;
Provided that the Government servant may take the assistance of any other Government servant posted at any
other station, if the inquiring authority having regard to the circumstances of the case, and for reasons to be
recorded in writing, so permits.
Note: The Government servant shall not take the assistance of any other Government servant who has three
pending disciplinary cases on hand in which he has to give assistance.
(b) The Government servant may also take the assistance of a retired Government servant to present the
case on his behalf, subject to such conditions as may be specified by the President from time to time by
general or special order in this behalf.
(9) If the Government servant who has not admitted any of the articles of charge in his written statement of
defence or has not submitted any written statement of defence, appears before the inquiring authority, such
authority shall ask him whether he is guilty or has any defence to make and it he pleads guilty to any of the
articles of charge, the inquiring authority shall record the plea, sign the record and obtain the signature of
the Government servant thereon.
(10) The inquiring authority shall return a finding of guilt in respect of those articles of charge to which the
government servant pleads guilty.
(11) The inquiring authority shall, if the Government servant fails to appear within the specified time or refuses
or omits to plead, require the Presenting Officer to produce the evidence by which he proposes to prove the
articles of charge, and shall adjourn the case to a later date not exceeding thirty days, after recording an
order that the Government servant may, for the purpose of preparing his defence:
(i) inspect within five days of the order or within such further time not exceeding five days as the inquiring
authority may allow, the documents specified in the list referred to in sub-rule (3);
NOTE-
If the Government servant applies orally or in writing for the supply of copies of the statements of witnesses
mentioned in the list referred to in sub-rule (3), the inquiring authority shall furnish him with such copies as
early as possible and in any case not later than three days before the commencement of the examination of the
witnesses on behalf of the disciplinary authority.
(iii) give a notice within ten days of the order or within such further time not exceeding ten days as the
inquiring authority may allow, for the discovery or production of any documents which are in the
possession of Government but not mentioned in the list referred to in sub-rule (3).
NOTE-
The Government servant shall indicate the relevance of the documents required by him to be discovered or
produced by the Government.
(12) The inquiring authority shall, on receipt of the notice for the discovery or production of documents,
forward the same or copies thereof to the authority in whose custody or possession the documents are kept,
with a requisition for the production of the documents by such date as may be specified in such requisition:
Provided that the inquiring authority may, for reasons to be recorded by it in writing, refuse to requisition such
of the documents as are, in its opinion, not relevant to the case.
(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 before the inquiring authority:
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.
(14) On the date fixed for the inquiry, the oral and documentary evidence by which the articles of charge are
proposed to be proved shall be produced by or on behalf of the disciplinary authority. The witnesses shall be
examined by or on behalf of the Presenting Officer and may be cross-examined by or on behalf of the
Government servant. The Presenting Officer shall be entitled to re-examine the witnesses on any points on
which they have been cross-examined, but not on any new matter, without the leave of the inquiring
authority. The inquiring authority may also put such questions to the witnesses as it thinks fit.
(15) If it shall appear necessary before the close of the case on behalf of the disciplinary authority, the
inquiring authority may, in its discretion, allow the Presenting Officer to produce evidence not included in the
list given to the Government servant or may itself call for new evidence or recall and re-examine any
witness and in such case the Government servant shall be entitled to have, if he demands it, a copy of the
list of further evidence proposed to be produced and an adjournment of the inquiry for three clear days
before the production of such new evidence, exclusive of the day of adjournment and the day to which the
inquiry is adjourned. The inquiring authority shall give the Government servant an opportunity of inspecting
such documents before they are taken on the record. The inquiring authority may also allow the Government
servant to produce new evidence, if it is of the opinion that the production of such evidence is necessary, in
the interests of justice.
NOTE.- New evidence shall not be permitted or called for or any witness shall not be recalled to fill up any gap
in the evidence. Such evidence may be called for only when there is an inherent lacuna or defect in the
evidence which has been produced originally.
(16) When the case for the disciplinary authority is closed, the Government servant shall be required to state
his defence, orally or in writing, as he may prefer. If the defence is made orally, it shall be recorded and the
Government servant shall be required to sign the record. In either case, a copy of the statement of defence
shall be given to the Presenting Officer, if any, appointed.
(17) The evidence on behalf of the Government servant shall then be produced. The Government servant may
examine himself in his own behalf if he so prefers. The witnesses produced by the Government servant shall
then be examined and shall be liable to cross-examination, re-examination and examination by the inquiring
authority according to the provisions applicable to the witnesses for the disciplinary authority.
(18) The inquiring authority may, after the Government servant closes his case, and shall, if the Government
servant has not examined himself, generally question him on the circumstances appearing against him in the
evidence for the purpose of enabling the Government servant to explain any circumstances appearing in the
evidence against him.
(19) The inquiring authority may, after the completion of the production of evidence, hear the Presenting
Officer, if any, appointed, and the Government servant, or permit them to file written briefs of their
respective case, if they so desire.
(20) If the Government servant to whom a copy of the articles of charge has been delivered, does not submit
the written statement of defence on or before the date specified for the purpose or does not appear in
person before the inquiring authority or otherwise fails or refuses to comply with the provisions of this rule,
the inquiring authority may hold the inquiry ex parte.
(21)(a) Where a disciplinary authority competent to impose any of the penalties specified in clause (i) to (iv) of
rule 11 (but not competent to impose any of the penalties specified in clauses (v) to (ix) of rule 11), has
itself inquired into or caused to be inquired into the articles of any charge and that authority, having regard
to its own findings or having regard to its decision on any of the findings of any inquiring authority
appointed by it, is of the opinion that the penalties specified in clauses (v) to (ix) of rule 11 should be
imposed on the Government servant, that authority shall forward the records of the inquiry to such
disciplinary authority as is competent to impose the last mentioned penalties.
(b) The disciplinary authority to which the records are so forwarded may act on the evidence on the record or
may, if it is of the opinion that further examination of any of the witnesses is necessary in the interests of
justice, recall the witness and examine, cross-examine and re-examine the witness and may impose on
the Government servant such penalty as it may deem fit in accordance with these rules.
(22) Whenever any inquiring authority, after having heard and recorded the whole or any part of the evidence
in an inquiry ceases to exercise jurisdiction therein, and is succeeded by another inquiring authority which
has, and which exercises, such jurisdiction, the inquiring authority so succeeding may act on the evidence so
recorded by its predecessor, or partly recorded by its predecessor and partly recorded by itself:
Provided that if the succeeding inquiring authority is of the opinion that further examination of any of the
witnesses whose evidence has already been recorded is necessary in the interests of justice, it may recall,
examine, cross-examine and re-examine any such witnesses as hereinbefore provided.
(23)(i) After the conclusion of the inquiry, a report shall be prepared and it shall contain-
(a) the articles of charge and the statement of the imputations of misconduct or misbehaviour;
(b) the defence of the Government servant in respect of each article of charge;
(d) the findings on each article of charge and the reasons therefor.
EXPLANATION- If in the opinion of the inquiring authority the proceedings of the inquiry establish any article of
charge different from the original articles of the charge, it may record its findings on such article of charge:
Provided that the findings on such article of charge shall not be recorded unless the Government servant has
either admitted the facts on which such article of charge is based or has had a reasonable opportunity of
defending himself against such article of charge.
(ii) The inquiring authority, where it is not itself the disciplinary authority, shall forward to the disciplinary
authority the records of inquiry which shall include:-
(b) the written statement of defence, if any, submitted by the Government servant;
(c) the oral and documentary evidence produced in the course of the inquiry;
(d) written briefs, if any, filed by the Presenting Officer or the Government servant or both during the course
of the inquiry; and
(e) the orders, if any, made by the disciplinary authority and the inquiring authority in regard to the inquiry.
(2) Pay Commission’s recommendations regarding disciplinary proceedings and Government’s order
thereon [MHA OM No. F.6(26)/60-Ests.(A) dated the 16th February, 1961] »
(3) Supply of copies of documents to the delinquent official [MHA OM No. 30/5/61-AVD dated the 25th
August, 1961] »
(4) Examination of witnesses on behalf of the accused official [MHA OM No. 6/26/60-Ests. Dated the 8th
June, 1962] »
(5) Prosecution or departmental action according to seriousness of the offence [MHA OM No. 39/8/64-
Ests.(A) dated the 4th September, 1964] »
(6) Measures to prevent tampering with records/documents during inspection by delinquent officials [MHA
OM No. 242/96/65-AVD dated the 27th September, 1965, addressed to the Vigilance Officers of all
Ministries/Departments] »
(7) Assisting Government servants [CVC Letter No. 61/3/67-C dated the 8th January, 1968] »
(8) Cross-examination by or on behalf of the Government servant after the presenting officer has re-
examined the witness [Cabinet Sectt. (Department of Personnel) Memo. No. 7/11/70-Estt. (A) dated
the 24th September, 1970] »
(9) Conduct of enquiries against delinquent officers by gazetted officers/senior officers [Cabinet Sectt.
(Department of Personnel) Memo No. 7/1/70-Estts. (A) dated the 6th January, 1971] »
(10) Appointment of Inquiring Authority [Cabinet Sectt. Department of Personnel, OM No. 39/40/70-Ests.
(A) dated 9th November, 1972] »
(11) Inquiry by the disciplinary authority [Deptt. of Personnel & AR OM No. 35014/1/76-Ests. (A) dated the
29th July, 1976] »
(12) Whether charges can be dropped at the stage of initial written statement of defence [G.I., MHA OM
No. 11012/2/79-Estt.(A) dated the 12th March, 1981 and OM No. 11012/8/82-Estt.(A) dated the 8th
December, 1982] »
(13) Permission to engage a Legal Practitioner [Deptt. of Personnel & AR OM No. 11012/7/83-Estt.(A)
dated the 23rd July, 1984] »
(14) Restriction on engaging Defence Assistant [Department of Personnel & Training OM No. 11012/3/86-
Estt. (A) dated the 29th April, 1986] »
(15) Appearance of a Government servant before the inquiry authority – Clarification of the import of the
provisions in Rule 14 (7) of the CCS (CCA) Rules, 1965 [Deptt. Of Personnel & Training’s OM No.
35034/7/92-Estt. (A), dated 28th December, 1993] »
(16) Retired Government servants appearing as defence assistants – conditions regarding [Deptt. of
Personnel & Training OM No. 11012/11/2002-Ests. (A) dated 05.02.2003] »
(17) Simultaneous action of prosecution in a court and initiation of departmental proceedings [DOPT OM
No. 11012/6/2007-Estt. (A), dated 1st August, 2007] »
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The Central Civil Services (Classification, Control & Appeal) Rules, 1965
(1) The disciplinary authority, if it is not itself the inquiring authority may, for reasons to be recorded by it in
writing, remit the case to the inquiring authority for further inquiry and report and the inquiring authority
shall thereupon proceed to hold the further inquiry according to the provisions of Rule 14, as far as may be.
(2) The disciplinary authority shall forward or cause to be forwarded a copy of the report of the inquiry, if any,
held by the disciplinary authority or where the disciplinary authority is not the inquiring authority, a copy of
the report of the inquiring authority together with its own tentative reasons for disagreement, if any, with
the findings of inquiring authority on any article of charge to the Government servant who shall be required
to submit, if he so desires, his written representation or submission to the disciplinary authority within
fifteen days, irrespective of whether the report is favourable or not to the Government servant.
(2A) The disciplinary authority shall consider the representation, if any, submitted by the Government servant
and record its findings before proceeding further in the matter as specified in sub-rules (3) and (4).
(3) If the disciplinary authority having regard to its findings on all or any of the articles of charge 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 shall, notwithstanding anything contained in rule 16, make an order imposing such
penalty:
Provided that in every case where it is necessary to consult the Commission, the record of the inquiry shall be
forwarded by the disciplinary authority to the Commission for its advice and such advice shall be taken into
consideration before making any order imposing any penalty on the Government servant.
(4) If the disciplinary authority having regard to its findings on all or any of the articles of charge and on the
basis of the evidence adduced during the inquiry 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 make an order imposing
such penalty and it shall not be necessary to give the Government servant any opportunity of making
representation on the penalty proposed to be imposed:
Provided that in every case where it is necessary to consult the Commission, the record of the inquiry shall be
forwarded by the disciplinary authority to the Commission for its advice and such advice shall be taken into
consideration before making an order imposing any such penalty on the Government servant.
(1) Final orders to be passed by the ‘higher disciplinary authority’ who instituted the enquiry [MHA OM No.
6/26/60-Ests.(A) dated the 8th June, 1962] »
(2) Not appropriate to bring in past bad records in deciding the penalty, unless it is made the subject
matter of specific charge of the charge-sheet itself [G.I.M.H.A., OM No. 134/20/68-AVD, dated the
28th August, 1968] »
(3) Passing of orders by the Disciplinary Authority on the report of Inquiry Officer- Quick disposal of cases
[Cabinet Sectt. (Deptt. of Personnel) Memo No. 39/43/70-Ests.(A) dated the 8th January, 1971] »
(3A) Delays in passing orders by the Disciplinary Authorities [Deptt. Of Personnel & Training OM No.
11012/21/98-Estt.(A) dated 11th November, 1998] »
(4) Disciplinary cases – need for issuing speaking orders by competent authorities [Deptt. of Personnel &
A.R. OM No. 134/1/81-AVD-I dated 13.07.1981] »
(5) Supply of copy of inquiry report to the accused Government servant before final orders are passed by
the disciplinary authority [Deptt. of Personnel & Training’s 11012/13/85-Estt. Dated 26th June, 1989]
»
(5A) Reasons for disagreement, if any should be communicated [Department of Personnel & Training OM
No. 11012/22/94-Estt. (A) dated 27.11.1995] »
(6) Jurisdiction of the CAT in the matter of quantum of penalty against Government servants [Deptt. of
Personnel & Training OM No. 11012/1/90-Ests.(A) dated 28-02-1990] »
(6A) Jurisdiction of the CAT in the matter of disciplinary action against Government servants [Deptt. Of
Personnel & Training OM No. 11012/6/94-Estt. (A) dated 28.03.1994] »
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The Central Civil Services (Classification, Control & Appeal) Rules, 1965
(1) Subject to the provisions of sub-rule (3) 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;
(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.
(i) a copy of the intimation to the Government servant of the proposal to take action against him;
(vii) the orders on the case together with the reasons therefor.
(1) Enquiry mandatory in certain types of the penalty of withholding of increments [MHA OM No. 7/3/67-
Ests. (A) dated the 19th January, 1968] »
(2) Minor Penalty – holding of inquiry in specific circumstances [Deptt. of Personnel & Training OM No.
1101218/85-Ests.(A) dated 28th October, 1985] »
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The Central Civil Services (Classification, Control & Appeal) Rules, 1965
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 also a copy of the advice, if any,
given by the Commission, and where the disciplinary authority has not accepted the advice of the
Commission, a brief statement of the reasons for such non-acceptance.
(1) Entry of punishments in confidential rolls [G.I., MHA OM No. 38/12/59-Ests. (A) dated the 23rd April,
1960] »
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The Central Civil Services (Classification, Control & Appeal) Rules, 1965
(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.
(1) Procedure of enquiry when two Government servants accuse each other [G.I. MHA Letter No. 6/98/63-
AVD dated the 13th June, 1963] »
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The Central Civil Services (Classification, Control & Appeal) Rules, 1965
(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, before any
orders are made in any case under this rule.
(1) Scope of second proviso to Article 311 (2) of the Constitution [Department of Personnel & Training OM
No. 11012/11/85-Estt. Dated the 11th November, 1985] »
(2) Issue of charge-sheet where action is taken under Rule 19 [Department of Personnel & Training OM
No. 11012/11/85-Estt. (A) dated 4th April, 1986] »
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The Central Civil Services (Classification, Control & Appeal) Rules, 1965
(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.
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CAAP - What is CAAP? Customs, Central Excise and Service Tax
ECDB - What is ECDB? Tomorrow. Union Finance Minister, Shri Pranab
ICEGATE - What is ICEGATE? Mukherjee will inaugurate the All India Annual
ICES - What is ICES? Conference of the Chief Commissioners and
NIDB - What is NIDB? Directors General of Customs, Central Excise and
RMS - What is RMS?
Service Tax here tomorrow. read more »
Income Tax Corner
Income Tax Rates
Income Tax Calculator 20.05.2012
Pay Commission Report Pay retired babus’ dues on time: DoPT notice.
SCPC - Pay Calculator Erring Officials Will Have Their Salaries Docked read
SCPC - New Pay Calculator more »
SCPC - Arrears Calculator
AIS (Conduct) Rules, 1968
CCS (Conduct) Rules, 1964
AIS (D&A) Rules, 1969 08.05.2012
CCS (CCA) Rules, 1965 FM scraps 'draconian' clause in customs law.
AIS (MA) Rules, 1954 BAILED OUT read more »
PS (Inquiries) Act, 1850
Disciplinary Proceedings
CCS (LTC) Rules, 1988
Travelling Allowance Rules
CCS (Leave) Rules, 1972 08.05.2012
STD Codes Directory Excise on gold jewellery, TDS on realty rolled
ISD Codes Directory back. New Delhi: Finance minister Pranab
PIN Codes Directory Mukherjee buckled under pressure from two
Links to Favourite Websites powerful trade lobbies - jewellers and realtors -
International Organisations while dropping proposals put forward by him,
ostensibly to check Circulation of black money in the
economy. read more »
Referencer - Members
REFERENCER
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A Complete Reference Library for Customs & Excise Officers HOME » CONTACT | LOGIN
M.P.Vasudevan
http://www.referencer.in
J.B.Nagar, Mumbai, Maharashtra,
India - 400 059.
Email: webadmin@referencer.in
Website Objectives
Customs, Central Excise and Service Tax officers have an
exceptionally important role in the economic development of our
country as the customs duties and central excise duties have
been a significant source of revenue for the country's development.
Now service tax collections are also on the rise. In addition to
regulating cross border trade and collecting taxes, Customs and
Central Excise officers need to address the country's security
concerns by curbing money laundering, Intellectual Property Rights
infringement and smuggling of firearms, narcotic drugs, fake
currency, etc. The intricacy of the assignment of a Customs or
Central Excise officer lies in the realization of revenue and
prevention of smuggling without disturbing the national and
international trade. Due to the changes caused by technological
advancement, liberalization and globalization, it is a challenging task
to strike the right balance between trade facilitation and
enforcement of Law.
Acknowledgements
I am grateful to S/Shri Yeshodhan G.Parande, Member,
Authority for Advance Rulings, New Delhi and former Member,
Central Board of Excise and Customs (CBEC), New Delhi;
Banibrata Bhattacharya, Commissioner of Customs, Bangalore;
P.Vinaykumar, Former Additional Director, RMD, Mumbai; Basawraj
Nalegave, Additional Commissioner of Customs, Mumbai; Balaji
Majumdar, Additional Commissioner (on Deputation), Anupam
Majumdar, Atanu Choudhury and P.K.Gupta, Superintendents of
Customs (Preventive), Mumbai; all my Colleagues in the Customs,
Central Excise and Service Tax Departments and all the registered
members for their encouragement and feedback; Mr. Chethan
P.Dev, my son for his assistance in building and testing this
website. I also express my gratitude to www.microsoft.com and
www.cbec.gov.in for the enormous reference material freely
available on them.
Background Facts
My affection towards the computer started in the year 2002
when my son, Chethan P.Dev, took admission in Fr. Conceicao
Rodrigues College of Engineering, Bandra, Mumbai to pursue his
studies in B.Tech. (Electronics) and we bought our first desktop
computer, a small sexy box alongwith a 14" monitor, from M/s IBM,
India. While learning basic skills like Microsoft Word, Excel, Outlook,
Powerpoint, etc., I also started collecting 'soft copy' of various Acts,
Rules, Regulations, Circulars, Notifications, etc. for my own
reference. During this search I realized that though a lot of
documents were available on the websites, most of them were not
up-to-date. The files thus collected were edited, updated and
compiled on a mini-CD, normally used in the video cameras, that
fitted in any shirt pocket. When curious colleagues enticed interest
in this mini-CD compilation I started duplicating it and sharing with
them. This was in the year 2003 and its contents and presentation
were upgraded to a newer version in the year 2004, while I learnt
basics of coding. Thousands of copies of these mini-CDs, each
containing data of about 250MB (12,000 to 15,000 printed pages
roughly) went into circulation among the customs Officers with the
help of the All India Federation of the Superintendents of Customs.
It was in the year 2005 that the increase in size of this collection
beyond the capacity of the mini-CD coupled with the abrupt
stoppage of production of these mini-CDs by their manufacturers
put an end to this mini-CD compilation. A compilation on the normal
CD was not thought apt as it couldnot be carried to office and home
daily with ease. At this juncture, as I was working with the Risk
Management Project Team - pioneer of Risk Managemrnt Division, it
was a lot more essential to have all these documents handy for my
own reference. Though all these documents were available on my
home computer, there was no access to these files from my office.
Site Statistics
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A Complete Reference Library for Customs & Excise Officers HOME » LINKS | LOGIN
Prime Minister's Office, PMO The Prime Minister of India's own website.
Government of India
Government of India, Ministry MOF The official website of the Minisry of Finance,
of Finance & Subordinate Government of India.
Offices
CBEC Website of the Central Board of Excise and
Customs, Government of India.
Airlines' Operating in India AIR INDIA Air India - fly to any location around the world.
Courts in India CAUSELISTS Track your cases before the Hon'ble Supreme
Court and High Courts in India online.
Tribunals & Commissions in BIFR Board for Industrial & Financial Reconstruction.
India
Movie Websites ATOM FILMS This is an excellent website with news, views and
more on every topic on movies.
GAME TAB Get the latest news from all the well known
websites.
Technology Websites ANAND TECH A Mecca of articles, reviews and analysis of all
hardware.
DESIGN TECHNICA This site offers a look at what we can do with our
computers.
State Tourism Sites Andaman and Nicobar Information, Publicity and Tourism Department,
Andaman and Nicobar.
REFERENCER
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www.referencer.in, plagued with lots of anonymous, synonymous, duplicate and multiple registrations, is forced
to change its membership registration policy form an open to all system to a referral method. To register and
to become a member on the website you must get the "user name" and "e-mail address" of your friend or
colleague who is already a registered and active member on this website.
In case you do not have any such friend or colleague to introduce or refer you to this website, you may write or
e-mail, giving your (i) Date of Birth, (ii) Designation, and (iii) Place of Posting, to the Administrator who will
guide you in your registration process.
If you are already registered please avoid creating multiple registrations. Members or other Persons making
duplicate or multiple registrations will not get any communication from the website Administrator.
Please note that those who are already members on the site will automatically get disqualified.
Thank you for your co-operation.
User Name of Referring Officer: Please type the "User Name" of the
Officer who has referred you to this
website.
Register me
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 hereby makes the following
rules, namely:-
PART I - GENERAL
Rule 2. Interpretation
Rule 3. Application
PART II - CLASSIFICATION
PART IV - SUSPENSION
Rule 21. Provisions regarding officers borrowed from State Governments, etc.
PART IX - MISCELLANEOUS
* Published vide G.I.M.H. Affairs Notification No. F-7/2/63-Ests.(A) dated the 20th November, 1965 (as
amended from time to time).
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The Central Civil Services (Classification, Control & Appeal) Rules, 1965
(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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The Central Civil Services (Classification, Control & Appeal) Rules, 1965
(ii) any order of an interlocutory nature or of the nature of a step-in-aid of the final disposal of a disciplinary
proceeding, other than an order of suspension;
(iii) any order passed by an inquiring authority in the course of an inquiry under Rule 14.
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The Central Civil Services (Classification, Control & Appeal) Rules, 1965
Subject to the provisions of rule 22, a Government servant may prefer an appeal against all or any of the
following orders, namely:-
(i) an order of suspension made or deemed to have been made under rule 10;
(ii) an order imposing any of the penalties specified in rule 11, whether made by the disciplinary authority or by
any appellate or revising authority;
(a) denies or varies to his disadvantage his pay, allowances, pension or other conditions of service as
regulated by rules or by agreement; or
(b) interprets to his disadvantage the provisions of any such rule or agreement;
(v) an order-
(a) stopping him at the efficiency bar in the time-scale of pay on the ground of his unfitness to cross the bar;
(b) reverting him while officiating in a higher service, grade or post, to a lower service, grade or post,
otherwise than as a penalty;
(c) reducing or withholding the pension or denying the maximum pension admissible to him under the rules;
(d) determining the subsistence and other allowances to be paid to him for the period of suspension or for the
period during which he is deemed to be under suspension or for any portion thereof;
(ii) for the period from the date of his dismissal, removal or compulsory retirement from service, or from the
date of his reduction to a lower service, grade, post, time-scale or stage in a time-scale of pay, to the
date of his reinstatement or restoration to his service, grade or post; or
(f) determining whether or not the period from the date of his suspension or from the date of his dismissal,
removal, compulsory retirement or reduction to a lower service, grade, post, time-scale of pay or stage in
a time-scale of pay to the date of his reinstatement or restoration to his service, grade or post shall be
treated as a period spent on duty for any purpose.
(i) the expression 'Government servant' includes a person who has ceased to be in Government service;
(ii) the expression 'pension' includes additional pension, gratuity and any other retirement benefits.
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The Central Civil Services (Classification, Control & Appeal) Rules, 1965
(1) A Government servant, including a person who has ceased to be in Government service, may prefer an
appeal against all or any of the orders specified in Rule 23 to the authority specified in this behalf either in
the Schedule or by a general or special order of the President or, where no such authority is specified-
(i) where such Government servant is or was a member of a Central Service, Group ‘A’ or Group ‘B’ or holder
of a Central Civil Post, Group ‘A’ or Group ‘B’ -
(a) to the appointing authority, where the order appealed against is made by an authority subordinate to it;
or
(b) to the President where such order is made by any other authority;
(ii) where such Government servant is or was a member of a Central Civil Service, Group ‘C’ or Group ‘D’, or
holder of a Central Civil Post, Group ‘C’ or Group ‘D’, to the authority to which the authority making the
order appealed against is immediately subordinate.
(i) an appeal against an order in a common proceeding held under Rule 18 shall lie to the authority to which
the authority functioning as the disciplinary authority for the purpose of that proceeding is immediately
subordinate:
Provided that where such authority is subordinate to the President in respect of a Government servant for
whom President is the appellate authority in terms of sub-clause (b) of clause (i) of sub-rule (1), the appeal
shall lie to the President.
(ii) where the person who made the order appealed against becomes, by virtue of his subsequent appointment
or otherwise, the appellate authority in respect of such order, an appeal against such order shall lie to the
authority to which such person is immediately subordinate.
(3) A Government servant may prefer an appeal against an order imposing any of the penalties specified in rule
11 to the President, where no such appeal lies to him under sub-rule (1) or sub-rule (2), if such penalty is
imposed by any authority other than the President, on such Government servant in respect of his activities
connected with his work as an office-bearer of an association, federation or union, participating in the Joint
Consultation and Compulsory Arbitration Scheme.
(1) Appeal in the case of a disciplinary order against an office-bearer of an association or union [G.I. MHA
OM No. 7/14/64-Ests. (A) dated the 18th April, 1967] »
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No appeal preferred under this part shall be entertained unless such appeal is preferred within a period of forty-
five days from the date on which a copy of the order appealed against is delivered to the appellant:
Provided that the appellate authority may entertain the appeal after the expiry of the said period, if it is
satisfied that the appellant had sufficient cause for not preferring the appeal in time.
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The Central Civil Services (Classification, Control & Appeal) Rules, 1965
(1) Every person preferring an appeal shall do so separately and in his own name.
(2) The appeal shall be presented to the authority to whom the appeal lies, a copy being forwarded by the
appellant to the authority which made the order appealed against. It shall contain all material statements
and arguments on which the appellant relies, shall not contain any disrespectful or improper language, and
shall be complete in itself.
(3) The authority which made the order appealed against shall, on receipt of a copy of the appeal, forward the
same with its comments thereon together with the relevant records to the appellate authority without any
avoidable delay, and without waiting for any direction from the appellate authority.
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The Central Civil Services (Classification, Control & Appeal) Rules, 1965
(1) In the case of an appeal against an order of suspension, the appellate authority shall consider whether in
the light of the provisions of rule 10 and having regard to the circumstances of the case, the order of
suspension is justified or not and confirm or revoke the order accordingly.
(2) In the case of an appeal against an order imposing any of the penalties specified in rule 11 or enhancing
any penalty imposed under the said rules, the appellate authority shall consider-
(a) whether the procedure laid down in these rules have been complied with and if not, whether such non-
compliance has resulted in the violation of any provisions of the Constitution of India or in the failure of
justice;
(b) whether the findings of the disciplinary authority are warranted by the evidence on the record; and
(c) whether the penalty or the enhanced penalty imposed is adequate, inadequate or severe;
(ii) remitting the case to the authority which imposed or enhanced the penalty or to any other authority with
such direction as it may deem fit in the circumstances of the case:
provided that-
(i) The Commission shall be consulted in all cases where such consultation is necessary;
(ii) If such enhanced penalty which the appellate authority proposes to impose is one of the penalties specified
in clauses (v) to (ix) of rule 11 and in inquiry under rule 14 has not already been held in the case, the appellate
authority shall, subject to the provisions of rule 19, itself hold such inquiry or direct that such inquiry be held in
accordance with the provisions of rule 14 and thereafter, on a consideration of the proceedings of such inquiry
and make such orders as it may deem fit:
(i) if the enhanced penalty which the appellate authority proposes to impose is one of the penalties specified in
clauses (v) to (ix) of rule 11 and an enquiry under rule 14 has been held in the case, the appellate authority
shall make such orders as it may deem fit after the appellant has been given a reasonable opportunity of
making a representation against the proposed penalty; and
(ii) no order imposing an enhanced penalty shall be made in any other case unless the appellant has been given
a reasonable opportunity, as far as may be, in accordance with the provisions of rule 16, of making a
representation against such enhanced penalty.
(3) In an appeal against any other order specified in rule 23, the appellate authority shall consider all the
circumstances of the case and make such orders as it may deem just and equitable.
(1) Time-limit for the disposal of appeals [Cabinet Sectt. (Department of Personnel), OM No. 39/42/70-
Ests.(A) dated the 15th May, 1971] »
(2) Personal hearing at the discretion of appellate authority in major penalty cases [G.I., Deptt. of
Personnel & Trg. OM No. 11012/20/85-Estt. (A) dated 28th October, 1985] »
(2A) Personal hearing at the discretion of appellate authority in major penalty cases [G.I.Deptt. of
Personnel & Trg. OM No. 11012/2/91-Estt. (A) dated 23.04.91] »
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The Central Civil Services (Classification, Control & Appeal) Rules, 1965
The authority which made the order appealed against shall give effect to the orders passed by the appellate
authority.
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The Central Civil Services (Classification, Control & Appeal) Rules, 1965
29. REVISION:
(ii) the Comptroller and Auditor-General, in the case of a Government servant serving in the Indian Audit and
Accounts Department; or
(iii) the Member (Personnel) Postal Services Board in the case of a Government servant serving in or under
the Postal Services Board and Adviser (Human Resources Development), Department of
Telecommunications in the case of a Government servant serving in or under the Telecommunications
Board; or
(iv) the Head of a Department directly under the Central Government, in the case of a Government servant
serving in a department or office (not being the Secretariat or the Posts and Telegraphs Board), under the
control of such Head of a Department; or
(v) the appellate authority, within six months of the date of the order proposed to be revised or
(vi) any other authority specified in this behalf by the President by a general or special order, and within such
time as may be prescribed in such general or special order;
may at any time, either on his or its own motion or otherwise call for the records of any inquiry and revise any
order made under these rules or under the rules repealed by rule 34 from which an appeal is allowed, but from
which no appeal has been preferred or from which no appeal is allowed, after consultation with the Commission
where such consultation is necessary, and may-
(b) confirm, reduce, enhance or set aside the penalty imposed by the order, or impose any penalty where no
penalty has been imposed; or
(c) remit the case to the authority which made the order to or any other authority directing such authority to
make such further enquiry as it may consider proper in the circumstances of the case; or
Provided that no order imposing or enhancing any penalty shall be made by any revising authority unless the
Government servant concerned has been given a reasonable opportunity of making a representation against the
penalty proposed and where it is proposed to impose any of the penalties specified in clauses (v) to (ix) of rule
11 or to enhance the penalty imposed by the order sought to be revised to any of the penalties specified in
those clauses, and if an inquiry under rule 14 has not already been held in the case no such penalty shall be
imposed except after an inquiry in the manner laid down in rule 14 subject to the provisions of rule 19, and
except after consultation with the Commission where such consultation is necessary:
Provided further that no power of revision shall be exercised by the Comptroller and Auditor-General, Member
(Personnel), Postal Services Board, Adviser (Human Resources Department), Department of
Telecommunications or the Head of Department, as the case may be, unless-
(ii) the disposal of the appeal, where any such appeal has been preferred.
(3) An application for revision shall be dealt with in the same manner as if it were an appeal under these rules.
29-A. Review
The President may, at any time, either on his own motion or otherwise review any order passed under these
rules, when any new material or evidence which could not be produced or was not available at the time of
passing the order under review and which has the effect of changing the nature of the case, has come, or
has been brought, to his notice:
Provided that no order imposing or enhancing any penalty shall be made by the President unless the
Government servant concerned has been given a reasonable opportunity of making a representation against the
penalty proposed or where it is proposed to impose any of the major penalties specified in rule 11 or to
enhance the minor penalty imposed by the order sought to be reviewed to any of the major penalties and if an
enquiry under rule 14 has not already been held in the case, no such penalty shall be imposed except after
inquiring in the manner laid down in rule 14, subject to the provisions of rule 19, and except after consultation
with the Commission where such consultation is necessary.
(1) Procedure to be followed while proposing enhancement of the penalty already imposed on a
Government servant [G.I. MHA OM No. 39/2/68-Ests. (A) dated the 14th May, 1968] »
(2) President’s power of review under Rule 29 [MHA, (D/o P&AR) OM No. 11012/1/80-Ests. (A) dated the
3rd September, 1981] »
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Every order, notice and other process made or issued under these rules shall be served in person on the
Government servant concerned or communicated to him by registered post.
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The Central Civil Services (Classification, Control & Appeal) Rules, 1965
Save as otherwise expressly provided in these rules, the authority competent under these rules to make any
order may, for good and sufficient reasons or if sufficient cause is shown, extend the time specified in these
rules for anything required to be done under these rules or condone any delay.
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Whenever the Commission is consulted as provided in these rules, a copy of the advice by the Commission and
where such advice has not been accepted, also a brief statement of the reasons for such non-acceptance,
shall be furnished to the Government servant concerned along with a copy of the order passed in the case,
by the authority making the order.
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On and from the commencement of these rules, and until the publication of the Schedules under these rules,
the Schedules to the Central Civil Services (Classification, Control and Appeal) Rules, 1957, and the Civilians
in Defence Services (Classification, Control and Appeal) Rules, 1952, as amended from time to time, shall be
deemed to be the Schedules relating to the respective categories of Government servants to whom they are,
immediately before the commencement of these rules, applicable and such Schedules shall be deemed to be
the Schedules referred to in the corresponding rules of these rules.
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The Central Civil Services (Classification, Control & Appeal) Rules, 1965
(1) Subject to the provisions of rule 33, the Central Civil Services (Classification, Control and Appeal) Rules,
1957, and the Civilians in Defence Services (Classification, Control and Appeal) Rules, 1952, and any
notifications or orders issued thereunder in so far as they are inconsistent with these rules, are hereby
repealed:
Provided that-
(a) such repeal shall not affect the previous operation of the said rules, or any notification or order made, or
anything done, or any action taken, thereunder;
(b) any proceedings under the said rules, pending at the commencement of these rules shall be continued and
disposed of, as far as may be, in accordance with the provisions of these rules, as if such proceedings were
proceedings under these rules.
(2) Nothing in these rules shall be construed as depriving any person to whom these rules apply, of any right of
appeal which had accrued to him under the rules, notification or orders in force before the commencement
of these rules.
(3) An appeal pending at the commencement of these rules against an order made before such commencement
shall be considered and orders thereon shall be made, in accordance with these rules as if such orders were
made and the appeals were preferred under these rules.
(4) As from the commencement of these rules any appeal or application for review against any orders made
before such commencement shall be preferred or made under these rules, as if such orders were made
under these rules:
Provided that nothing in these rules shall be construed as reducing any period of limitation for any appeal or
review provided by any rule in force before the commencement of these rules.
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If any doubt arises as to the interpretation of any of the provisions of these rules, the matter shall be referred
to the President or such other authority as may be specified by the President by general or special order, and
the President or such other authority shall decide the same.
(1) Copy of advice by UPSC to be given to Government servant [MHA OM No. F.23/19/60-Ests.(B) dated
the 29th December, 1964] »
(2) Procedure regarding closing of disciplinary cases in the event of death of the charged official [Deptt. Of
Personnel & Training OM No. 11012/7/99-Estt. (A) dated 20th October, 1999] »
(3) Disciplinary jurisdiction of Election Commission of India over Government servants deputed for election
duties [Deptt. Of Personnel & Training OM No. 11012/7/98-Estt. (A), dated 7th November, 2000] »
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Government of India
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel & Training)
NOTIFICATION
G.S.R. 55(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 (Classification, Control and Appeal) Rules, 1965, namely:-
1. (1) These rules may be called the Central Civil Services (Classification, Control and Appeal)
Amendment Rules, 2009.
(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 in rule 11, for clause
(vi), the following clause shall be substituted, namely:- "(vi) reduction to 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 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 lime scale of pay, grade,
post or service."
F.No. 11012/2/2005-Estt.(A)]
Note:- The principal rules were published in the Gazette of India vide notification number 7/2/63-
Estt.(A), dated the 20th November, 1965 and subsequently amended vide notification numbers-
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No. 11012/3/2009-Estt.(A)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
OFFICE MEMORANDUM
Subject: Notification for amendment of Part V of the Schedule to the CCS (CCA) Rules, 1965.
The undersigned is directed to enclose a copy of Notification No. S.O. 1762 (E) dated 16.07.2009
published in the Gazette of India Extraordinary dated 17.07.2009 on the abovementioned subject and to
request that the contents thereof may please be brought to the notice of all offices under their control for
information and compliance.
(A. BALARAM)
Under Secretary to the Government of India
NOTIFICATION
S.O. 1762(E).- In exercise of the powers conferred by the proviso to article 309 of the Constitution, the
President hereby makes the following rules further to amend the Central Civil Services (Classification, Control
and Appeal) Rules, 1965, namely:-
(i) These rules may be called the Central Civil Services (Classification, Control and Appeal) Second
Amendment Rules, 2009.
(ii) They shall come into force on the date of their publication in the Official Gazette.
2. In the Schedule to the Central Civil Services (Classification, Control and Appeal) Rules, 1965, Part V, -
(i) against serial number 1, in Paragraph B, after paragraph (XV), the following shall be inserted, namely:-
(iii) against serial number 2, in paragraph B, after sub paragraph (xvii), the following shall be inserted,
namely:-
[F.No. 11012/3/2009-Estt(A)]
Note.- Part V of the Schedule to the principal rules was published in the Gazette of India vide notification
number 7/2/63.Estt(A) dated the 20th day of November, 1965 and subsequently amended as follows:-
G.S.R. 289 dated the 20th June, 1992/in Part. II Sec.3, Sub-sec. (i);
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The Central Civil Services (Classification, Control & Appeal) Rules, 1965
No.11012/7/2008-Estt.(A)
Government of India
Ministry of Personnel, Public Grievances & Pension
(Department of Personnel & Training)
OFFICE MEMORANDUM
Under the Central Civil Services (Classification, Control and Appeal) Rules, 1965, all Central Government
posts are classified into four categories, viz., Groups "A", "B", "C" and "D". This classification at present is
based on the norms prescribed by the Department of Personnel and Training vide S.O. 332(E) dated
20.04.1998 published in the Gazette of India Extraordinary.
2. As per clause (4) of the Central Civil Services (Revised Pay) Rules, 2008 notified vide notification No
G.S.R. 622(E) dated 29.8.2008, the pay band and grade pay or the pay scales, as applicable, of every
post/grade specified in column 2 of the First Schedule thereto shall be as specified against it in columns 5 and
6 thereof. Consequent upon the notification of the said rules, it has become necessary to prescribe revised
norms for categorization of posts into the abovementioned four categories based on the pay band and grade
pay or the pay scales as applicable, as approved by the Government. Accordingly, an Order classifying the
various Central Civil Services posts into Group "A", "B", "C" and "D" based on the revised norms of pay has
been notified in the Gazette of India Extraordinary vide S.O. 946 (E) dated 09.04.2009. A copy of the Order
is enclosed. All posts in the Central Civil Services would now stand classified strictly in accordance with the
norms of pay band and grade pay or pay scales as prescribed in the said Order.
4. In some Ministries/Departments, posts may exist which are not classified as per the norms laid down
by this Department. If, for any specific reason, a Ministry/Department proposes to classify the posts
differently, it would be necessary for that Department to send a specific proposal to Department of Personnel
and Training giving full justification in support of the proposal within three months of this O.M. so that the
exceptions to the norms of classification laid down in S.O. 946 (E) dated 09-04-2009 can be notified.
(P.PRABHAKARAN)
Deputy Secretary to the Government of India
ORDER
S.O. 946(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 supersession of the notification of the Government of India in the Department of Personnel
and Training number S.O. 332(E) dated the 20th day of 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, except as respects things done or omitted to be done before such supersession, 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:-
Classification of
Sl. No. Description of Posts
posts
A Central Civil post in Cabinet Secretary's scale (Rs. 90000- fixed), Apex
1.(a) Scale (Rs.80000-flXed) and Higher Administrative Grade plus scale (Rs.
75500-80000); and
A Central Civil post carrying the following grade pays:- Group A
Rs. 12000, Rs. 10000, Rs. 8900 and Rs. 8700 in the scale of pay of Rs.
(b)
37400-67000 in Pay Band-4, and Rs. 7600, Rs. 6600 and Rs. 5400 in the
scale of pay of Rs. 15600-39100 in Pay Band-3.
A Central Civil post carrying the following grade pays:-
2. Rs. 5400, Rs. 4800, Rs. 4600 and Rs. 4200 in the scale of pay of Rs. Group B
9300-34800 in Pay Band-2.
A Central Civil post carrying the following grade pays:-
3. Rs. 2800, Rs. 2400, Rs. 2000, Rs. 1900 and Rs. 1800 in the scale of pay Group C
of Rs. 5200-20200 in Pay Band-1.
A Central Civil post carrying the following grade pays:- Group D (till the
4. Rs. 1300, Rs. 1400, Rs. 1600, Rs. 1650 in the scale of pay of Rs. 4440- 7 posts are
440 in 1S Scale. upgraded)
Explanation: For the purpose of this order Pay Band, in relation to a post, means the running Pay Bands
specified in Part A, Section 1 of column 5 of the First Schedule to the Central Civil Services (Revised Pay)
Rules, 2008.
[F.No. 11012/7/2008-Estt.(A)]
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The Central Civil Services (Classification, Control & Appeal) Rules, 1965
OFFICE MEMORANDUM
Subject: CCS (CCA) Rules, 1965 - Promotion to a higher Grade or post - Clarifications regarding
effect of warnings etc. on promotion.
The undersigned is directed to refer to the DOPT's O.M. No. 22011/2/78-Estt. (A) dated 16th February,
1979 on the above mentioned subject and to say that at present, administrative devices like warning, letter
of caution, reprimand etc. are being used by the various administrative Ministries/Departments for cautioning
the Government servants against such minor lapses as negligence, carelessness, lack of thoroughness and
delay in disposal of official work with a view to toning up efficiency or maintaining discipline. These
administrative actions do not, however, constitute any of the penalties specified in rule 11 of the CCS (CCA)
Rules, 1965. Doubts have often been raised about the actual effect of such informal administrative actions as
warning, letter of caution and reprimand on the promotion of a Government servant.
2. In this connection, the existing provisions regarding the effect of warning etc. as distinguished from
Censure on promotion are reiterated and clarified as follows:-
(i) There is no objection to the continuance of the practice of issuing oral or written warnings.
However, where a copy of the warning is also kept on the Confidential Report dossier, it will be
taken to constitute an adverse entry and the officer so warned will have the right to represent
against the same in accordance with the existing instructions relating to communication of adverse
remarks and consideration of representations against them.
(iii) Where a departmental proceeding has been instituted, and it is considered that a Government
servant deserves to be penalized for the offence/misconduct, one of the prescribed penalties may
only be awarded and no warning recordable or otherwise, should be issued to the Government
servant.
(iv) The term 'empanelment' occurring in para 1 of DOPT's O.M. No. 11012/11/2007-Estt. (A) dated
14.12.2007 relating to guidelines on grant of vigilance clearance does not cover cases of promotion.
Cases of promotion of Government servants during the pendency of disciplinary proceedings would
be regulated by DOPT's O.M. No. 22011/4/91-Estt. (A) dated 14.09.1992, O.M. No. 22012/1/99-
Estt. (D) dated 25.10.2004 and after imposition of any of the prescribed penalties as per O.M. No.
22034/5/2004-Estt. (D) dated 15.12.2004.
3. All Ministries/Departments are, therefore, requested to keep in view the above guidelines while
dealing with cases of promotion of the Government servants.
(P.PRABHAKARAN)
Deputy Secretary to the Government of India
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The Central Civil Services (Classification, Control & Appeal) Rules, 1965
OFFICE MEMORANDUM
Subject: Guidelines regarding grant of vigilance clearance to members of the Central Civil
Services/Central Civil posts.
The undersigned is directed to say that the matter regarding guidelines for giving vigilance clearance to
members of the Central Civil Services/Central Civil posts has been reviewed by the Department of Personnel
& Training and it has been decided that the following guidelines for the grant of vigilance clearance to the
Government servants belonging to the Central Civil Services/ Central Civil posts shall be applicable with
immediate effect:
1. These orders regarding accordance of vigilance clearance to members of the Central Civil
Services/posts shall be applicable with respect to (a) empanelment (b) any deputation for which clearance is
necessary, (c) appointments to sensitive posts and assignments to training programmes (except mandatory
training). In all these cases, the vigilance status may be placed before and considered by the Competent
Authority before a decision is taken.
2. The circumstances under which vigilance clearance shall not be withheld shall be as under:
a) Vigilance clearance shall not be withheld due to the filing of a complaint, unless it is established
on the basis of at least a preliminary inquiry or on the basis of any information that the concerned
Department may already have in its possession, that there is, prima facie, substance to verifiable
allegations regarding (i) corruption (ii) possession of assets disproportionate to known sources of
income (iii) moral turpitude (iv) violation of the Central Civil Services (Conduct) Rules, 1964.
b) Vigilance clearance shall not be withheld if a preliminary inquiry mentioned in 2(a) above takes
more than three months to be completed.
c) Vigilance clearance shall not be withheld unless (i) the officer is under suspension (ii) a charge-
sheet has been issued against the officer in a disciplinary proceeding and the proceeding is pending
(iii) orders for instituting disciplinary proceeding against the officer have been issued by the
Disciplinary Authority provided that the charge-sheet is served within three months from the date of
passing such order (iv) charge sheet has been filed in a Court by the Investigating Agency in a
criminal case and the case is pending (v) orders for instituting a criminal case against the officer
have been issued by the Disciplinary Authority provided that the charge-sheet is served within three
months from the date of initiating proceedings (vi) sanction for investigation or prosecution has been
granted by the Competent Authority in a case under the PC Act or any other criminal matter (vii) an
FIR has been filed or a case registered by the concerned Department against the officer provided
that the charge sheet is served within three months from the date of filing/registering the FIR/case
and (viii) The officer is involved in a trap/raid case on charges of corruption and investigation is
pending.
d) Vigilance clearance shall not be withheld due to an FIR filed on the basis of a private complaint
unless a charge-sheet has been filed by the investigating agency provided that there are no
directions to the contrary by a competent court of law.
e) Vigilance clearance shall not be withheld even after sanction for prosecution if the investigating
agency has not been able to complete its investigations and file charges within a period of two
years. However, such vigilance clearance will entitle the officer to be considered only to be appointed
to non-sensitive posts and premature repatriation to the parent cadre in case he is on deputation
and not for any other dispensation listed in para 1 of this O.M.
3. In cases where complaints have been referred to the administrative authority concerned, and no
substantive response has been received from such administrative authority concerned within three months
from the date on which the reference was made, the Disciplinary Authority may provide a copy of the
complaint to the officer concerned to seek his comments. If the comments are found to be prima facie
satisfactory by the Competent Authority, vigilance clearance shall be accorded.
4. Vigilance clearance shall be decided on a case-by-case basis by the Competent Authority keeping in
view the sensitivity of the purpose, the gravity of the charges and the facts and circumstances, in the
following situations:
a) where the investigating agency has found no substance in the allegation but the Court refuses to
permit closure of the FIR; and
b) where the investigating agency/inquiry officer holds the charges as proved but the competent
administrative authority differs, or the converse.
5. While considering cases for grant of vigilance clearance for the purpose of empanelment of members
of the Central Civil Services/Central Civil posts of a particular batch, the vigilance clearance/status will
continue to be ascertained from the respective Cadre Authority. In all such cases, the comments of the
Central Vigilance Commission will be obtained. However, if no comments are received within a period of three
months, it will be presumed that there is nothing adverse against the officer on the records of the body
concerned.
6. Vigilance clearance will be issued in all cases with the approval of the Head of Vigilance Division for
officers upto one level below their seniority in service. In the case of officers of the level of Additional
Secretary/Secretary, this will be issued with the approval of the Secretary. In case of doubt, orders of the
Secretary will be obtained keeping in view the purpose for which the vigilance clearance is required by the
indenting authority.
7. Vigilance clearance will not normally be granted for a period of three years after the currency of the
punishment, if a minor penalty has been imposed on an officer. In case of imposition of a major penalty,
vigilance clearance will not normally be granted for a period of five years, after the currency of punishment.
During the period, the performance of the officer should be closely watched.
8. Insofar as the personnel serving in the Indian audit and accounts Department are concerned, these
instructions have been issued after consultation with the Comptroller and Auditor General of India.
9. All the Ministries/Departments are requested to bring the above guidelines for the notice of all
concerned for information and compliance.
(P.PRABHAKARAN)
Deputy Secretary to the Government of India
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(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:
(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,
(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;
(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;
(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;
(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;
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,
(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.
(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.
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The Central Civil Services (Classification, Control & Appeal) Rules, 1965
RULE 3. APPLICATION:
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:-
MINSITRY OF COMMUNICATIONS
(ii) Monthly-rated staff paid from contingencies other than those brought on to regular establishment.
[M.H.A. Notification No. S.R.O. 609, dated the 28th February, 1957]
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]
[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
(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]
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4. CLASSIFICATION OF SERVICES:
(2) If a Service consists of more than one grade, different grades of such Service may be included in different
groups.
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.