The Central Civil Services (Classification, Control & Appeal) Rules, 1965
RULE 12. DISCIPLINARY AUTHORITIES:
Government of India Decisions
(1) Officers performing current duties of a post cannot exercise Statutory powers under the Rules:-
An officer appointed to perform the current duties of an appointment can exercise administrative or financial power vested in the full-fledged incumbent of the post but he cannot exercise statutory powers, whether those powers are derived direct from an Act of Parliament (e.g. Income Tax Act) or Rules, Regulations and Bye-Laws made under various Articles of the Constitution (e.g., Fundamental Rules, Classification, Control and Appeal Rules, Civil Service Regulations, Delegation of Financial Powers Rules etc.)
[MHA OM No. 7/14/61-Ests. (A) dated 24th January, 1963]
(2) Powers delegated to Chief Commissioner, Andaman & Nicobar Islands:-
In pursuance of sub-rule (2) of rule 12 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 the President empowers under clause (a) of, and specifies under clause (b) of, that sub-rule the Chief Commissioner, Andaman and Nicobar Islands, for the purpose of imposition of the penalties specified in clause (i), clause (ii) and clause (iii) of rule 11 of the said rules on:-
(a) any member of Central Civil Service Class I, other than the General Central Service.
(b) any person appointed to a Central Civil Post Class I included in the General Central Service serving under the Andaman and Nicobar Islands Administration.
[MHA Memo No. F.7/16/64-Ests. (A) dated the 30th may, 1964]
(3) Clarification about rules 12, 14 etc.
Several points relating to rules 12, 14, 15 and 29 of CCS (CCA) Rules, 1965, are being frequently referred to Home Ministry for clarification. These points are indicated below and the clarification given against each.
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Points raised |
Clarification |
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1. |
(a) In cases where the disciplinary authority is the President, whether the case should be shown to the Minister before disciplinary proceedings are initiated. |
(a) Having regard to the Transaction of Business Rules, it is necessary that in cases where the disciplinary authority is the President, the initiation of the disciplinary proceedings should be approved by the Minister. |
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(b) Whether it is necessary to show the file to the Minister every time before formal orders are issued in the name of the President, under Rules 14 (2), 14(4), 14(5) etc. of the CCS (CCA) Rules? |
(b) It would be sufficient if Minister’s orders are obtained for taking action ancillary to the issue of the charge sheet at the stage when the papers are put up to him for initiation of disciplinary proceedings. However formal orders of the Minister should be obtained at the stage of show cause notice under Rule 15 (4) (i) (b) and at the stage of issuing final orders imposing penalty under Rule 15 (4) (iii). |
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2. |
What happens to the disciplinary proceedings started by a disciplinary authority (A) in respect of a Government servant when the latter is transferred to the jurisdiction of another disciplinary authority (B) even though the said Government servant continues to be in the same service? |
In such cases it is not necessary for disciplinary authority (B) to start de novo proceedings by framing and delivering fresh articles of charge to the concerned official. He can carry on with the enquiry proceedings at the point where the transfer of the accused Officer was effected. If, however, the accused official is transferred to another service then the procedure laid down in Rule 12 (4) (b) of the CCS (CCA) Rules will have to be followed. |
[MHA Memo No. F.39/1/69-Ests. (A) dated the 16th April, 1969]