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The Central Civil Services (Classification, Control & Appeal) Rules, 1965

15. ACTION ON INQUIRY REPORT:

(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.

*[(3) (a) In every case where it is necessary to consult the Commission, the Disciplinary Authority shall forward or cause to be forwarded to the Commission for its advice:

(i) 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; and

(ii) comments of Disciplinary Authority on the representation of the Government servant on the Inquiry report and disagreement note, if any and all the case records of the inquiry proceedings.

(b) The Disciplinary Authority shall forward or cause to be forwarded a copy of the advice of the Commission received under clause (a) 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, on the advice of the Commission.

(4) The Disciplinary Authority shall consider the representation under sub-rule (2) and/or clause (b) of sub-rule (3), if any, submitted by the Government servant and record its findings before proceeding further in the matter as specified in sub-rules (5) and (6).

(5) 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.

(6) 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.]

*[Substituted vide the Central Civil Services (Classification, Control and Appeal) (Second Amendment) Rules, 2014 - Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) Notification dated the 31st October, 2014 issued from 11012/8/2011-Estt.(A)]

Government of India Decisions »
(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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