Central Civil Services (Classification, Control and Appeal) Rules, 1965

 
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Part I

General

1. Short title and commencement.--

(1) These rules may be called the Central Civil Services (Classification, Control and Appeal) Rules, 1965.

(2) They shall come into force on the 1st December, 1965.

2. Interpretation.--

In the rules, unless the context otherwise requires,

(a) "Appointing Authority", in relation to a Government servant means--

(i) the authority empowered to make appointments to the service of which the Government servant is for the time being a member or to the grade of the service in which the Government servant is for the time being included, or

(ii) the authority empowered to make appointments to the post which the Government servant for the time being holds, or

(iii) the authority which appointed the Government servant to such service, grade or post, as the case may be, or

(iv) where the Government servant having been a permanent member of any other service or having substantively held any other permanent post, has been in continuous employment of the Government, the authority which appointed him to that service or to any grade in that service or to that post, whichever authority as the highest authority.

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 Volume I of the Indian Railways Establishment Code;

(b) any member of All India Services;

(c) any person in casual employment;

(d) any person subject to discharge from service on less than one month's notice;

(e) any person for whom special provision is made, in respect of matters covered by these rules, by or under any law for the time being in force or by or under any agreement entered into by or with the previous approval of the President before or after the commencement of these rules, in regard to matters covered by such special provisions.

(2) Notwithstanding anything contained in Sub-rule (1), the President may by order exclude any class 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 (c) in Sub-rule (1), to whom, but for such transfer, these rules would apply.

[(3-A) Notwithstanding anything contained in these rules, where any civilian Government servant in the Defence Services is temporarily made subject to the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957), or the Air Force Act, 1950 (45 of 1950), these rules shall continue to apply to such civilian Government servant in the Defence Services and, for the purpose of discipline, he shall be dealt with under these rules unless the appropriate authority, for reasons to be recorded in writing, is of the opinion that sterner action is called for and directs that he be dealt with under the Act he is subject to.]

(4) If any doubt arises,--

(a) whether these rules or any of them apply to any person, or

(b) whether any person to whom these rules apply belongs to a particular Service the matter shall be referred to the President who shall decide the same.

P art II

Classification

4. Classification of Services.--

(1) The Civil Services of the Union shall be classified as follows:

(i) Central Civil Services, Group A;

(ii) Central Civil Services, Group B;

(iii) Central Civil Services, Group C;

(iv) Central Civil Services. Group D;

(2) If a Service consists of more than one grade, different grade of such Service may be included in different groups.

5. Constitution of the Central Civil Services.--

The Central Civil Service, Group A, Group B, Group C and Group D shall consists of the Services and grades of Services specified in the Schedule.

6. Classification of Posts.--

Civil Posts under the Union other than those ordinarily held by persons to whom these rules do not apply, shall, by a general or special order of the President, be classified as follows:

(i) Central Civil Posts, Group A;

(ii) Central Civil Posts, Group B;

(iii). Central Civil Posts, Group C;

(iv) Central Civil Posts, Group D;

6-A. Reference to Central Civil Services and Central Civil Posts.--

All reference to Central Civil Services/Central Civil Posts, Class I, Class II, Class III and Class IV in all Rules, Orders, Schedules. Notifications, Regulations Instructions in force, immediately before the commencement of these rules,(??) shall be construed as references to Central Civil Services/Central Civil Posts, Group A, Group B, Group C and Group D respectively, and any reference to "Class or Classes" therein in this context shall be construed as reference to "Group or Groups" as the case may be.

7. General Central Service.--

Central Civil Posts of any class not included in any other Central Civil Service shall be deemed to be included in the General Central Service of the corresponding class 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 class.

Appointing Authority

8. Appointments to Class I Services and Posts.--

All appointments to Central Civil Services, Class I and Central Civil Posts, Class I, shall be made by the President:

Provided that the President may by a general or a special order and subject to such conditions as he may specify in such order, delegate to any other authority the power to make such appointments.

9. Appointments to other Services and Posts.--

(1) All appointments to the Central Civil Services (other than the General Central Service) Group ''B'', Group ''C'' and Group ''D'', shall be made by the authorities specified in this behalf in the Schedule:

Provided that in respect of Group ''C'' and Group ''D'', Civilian Services, or civilian posts in the Defence Services appointments may be made by officers empowered in this behalf by the aforesaid authorities.

(2) All appointments to Central Civil Posts, Group ''B'', Group ''C'' and Group ''D'', included in the General Central Service shall be made by the authorities specified in that behalf by a general or special order of the President, or where no such order has been made, by the authorities - specified in this behalf in the Schedule.

PART IV

SUSPENSION

10. Suspension.--

(1) The appointing authority or any authority to which it is subordinate or the disciplinary authority or any other authority empowered in that behalf by the President, by general or special order, may place a Government servant under suspension-

(a) where a disciplinary proceeding against him is contemplated or is pending; or

(aa) where, in the opinion of the authority aforesaid, he has engaged himself in activities prejudicial to the interest of the security of the State; or

(b) where a case against him in respect of any criminal 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) 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...

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