of standard form is used for issuance of Major penalty charge sheet on disciplinary proceedings? (A mere summary procedure is already available for less serious cases). PDF F No.11012/15/2016-Estt.A-Ill Grievances and Pensions Ministr OFFICE 7. The provisions of Rule 14 ibid are merely designed to ensure compliance, with a salutary principle of justice and public policy which has also been incorporated in Article 311 of the Constitution of India viz., that no man should be condemned or punished without a reasonable opportunity to defend himself. The Central Civil Services (Classification, Control & Appeal) Rules, 1965 7/1/70-Estts. It may be recalled that Article 311 clause (1) provides that no one can be dismissed . As regards the factors mentioned in (i) and (ii) above Ministry of Home Affairs have considered the feasibility of setting up separate Administrative Tribunals for inquiring into the more important departmental proceedings. It was further pointed out that the existing instructions contained in Ministry of Home Affairs (now Department of Personnel) OM No. 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. 2. (A) dated 05.02.2003] , Simultaneous action of prosecution in a court and initiation of departmental proceedings [DOPT OM No. (A) dated the 6th January, 1971], (10) Appointment of Inquiring Authority:-. Previous statements made by a person examined as a witness is not admissible for the purposes of corroboration and access to such statements can safely be denied. 39/40/70-Ests. PROCEDURE FOR IMPOSING MAJOR PENALTIES: (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. F.6(26)/60-Ests. (i) In each Ministry or Department a specified officer or officers of appropriate rank shall be nominated and ear-marked for the purpose of conducting all the departmental inquiries arising within that Ministry/Department. Sub-rule (8) of Rule 14 of CCS (CCA) Rules, 1965 provides that a Government servant may take the assistance of any of the Government servants posted in any office either at his headquarters or at the place where the inquiry is held, to present his case on his behalf. "But an increase where all doctors in training will get between 3,000 and 5,000 more, and some consultants will get over 7,000, is the opportunity now to have that final settlement, to move . Get access to the latest Section 14, 21 and 51 of Indian Penal Code prepared with CLAT & Other 5-year LLB Exams course curated by Tina Malhotra on Unacademy to prepare for the toughest competitive exam. PDF The Central Civil Services (Classification, Control and Appeal) Rules, 1965 Hence in supersession of the earlier order on the subject, it has been decided in terms of rule 14 (8) (b) of the CCS (CCA) Rules, 1965 that the Government servant concerned may take the assistance of a retired Government servant subject to the following conditions:-. The Government servant who has been permitted to assist the accused official should be permitted to examine cross-examine and re-examine witnesses and make submissions before the Inquiry Officer on behalf of the accused official, if the accused official makes a request in writing in this behalf. RULE 14. (A) dated the 24th September, 1970] , Conduct of enquiries against delinquent officers by gazetted officers/senior officers [Cabinet Sectt. As such the Government servant concerned need not be given access to the statements of all witnesses examined in the preliminary enquiry or investigation made by the Police and access should be given to the statements of only those witnesses who are proposed to be examined in proof of the charges or the facts stated in the statement of allegations. On imposition of a penalty under this Rule, the pay would be fixed at the next upper vertical cell in the same level in the pay matrix. 11012/6/2007-Estt. 39/40/52-Est., dated the 4th October, 1952], (2) Pay Commissions recommendations regarding disciplinary proceedings and Governments order thereon:-, In chapter LI of their report the Pay Commission have made the following recommendations regarding disciplinary proceedings:-. [Cabinet Sectt. Doubts have been expressed in some quarters if cross-examination by or on behalf of the Government servant could be allowed after the presenting officer has re-examined the witness. 4. (a) the report prepared by it under clause (i). Anonymous and pseudonymous complaints on the basis of which inquiries were started need not be included in the list. Thus Article 310 itself places restrictions and limitations on the exercise of the pleasure under Article 310 are limited by Article 311(2). By sending a Notice of Penalty Offenses to more than 700 companies, the agency is placing them on notice they could incur significant civil penaltiesup to $43,792 per violationif they use endorsements in ways that run counter to prior FTC administrative cases. penalty of reduction to a lower stage in the time-scale of pay under Rule 11(v) of the CCS (CCA) Rules, 1965, Disciplinary Authorities should weigh all factors before deciding upon the quantum of penalty, i.e., the number of stages by which the pay is to be reduced. (a) A statement of all relevant facts including any admission or confession made by the Railway servant; (b) A list of documents by which, and a list of witnesses by whom, the articles of charge are proposed to be sustained. Functions of Inquiry Officer 92-100 . 4:42mins. It is, therefore, suggested that as soon as an accused Government servant informs the Inquiry Officer of the name and other particulars of the Government servant who has been chosen by him to assist in the presentation of his case, the Inquiry Officer should intimate this fact to the controlling authority of the Government servant concerned. The officer should be permitted access to the documents mentioned in the list if he so desires. (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. 3. Reports made after a preliminary enquiry, or the report made by the Police after investigation, other than those referred to in clause (a) of Sub- Section 1 of Section 173 of the Code of Criminal Procedure, 1898, are usually Confidential and intended only to satisfy the competent authority whether further action in the nature of a regular departmental inquiry or any other action is called for. This will incidentally reduce the delay that usually occurs between the service of the charge-sheet and the submission of the written statement. 7. It has, therefore, been decided not to make any change in the existing procedure. (iv) Where, under the rules, consultation with the Union Public Service Commission is necessary some undue delay may occur in making the reference to the Commission and in the consideration of the case by that body. Both Article 311 of the Constitution of India and Rule 11 of the CCS Rules, 1964 place certain restrictions on the Government Servants, and certain penalties. However, in this particular piece of research, the main focus shall be Rule 11 of the CCS Rules, 1964. (16) Retired Government servants appearing as defence assistants conditions regarding. (A) dated the 9th November, 1972, inter-alia, provides that only those Inquiry Officers who are free from bias should be appointed by the disciplinary authority to conduct departmental inquiries. 35034/7/92-Estt. It has, therefore, been decided after discussion with the Staff Side, that a Government servant should be allowed to make a representation to the Disciplinary Authority if the Inquiring Authority rejects a request for permission to take a Defence Assistant from a place other than the headquarters of the charged Government servant or the place of inquiry. (ii) As soon as occasion arises for taking up such an inquiry, the nominated officer will be relieved of his normal duties to such extent as may be necessary to enable him to devote full and careful attention to the completion of the enquiries and the submission of his report. [Deptt. The procedure for imposing major penalties is laid down in Rule 14 of the CCS (CCA) Rules, 1965 and sub-rule (7) thereof envisages that the Government servant shall appear in person before the inquiring authority on such day and at such time within 10 working days from the date of receipt by him of the articles of charge and the statement of the imputations of misconduct and misbehaviour, as the inquiring authority may, by notice in writing, specify, in this behalf, or within such further time, not exceeding 10 days, as the inquiring authority may allow. The right of access to official records is not unlimited and it is open to the Government to deny such access if in its opinion such records are not relevant to the case, or it is not desirable in the public interest to allow such access. Of Personnel & Trainings OM No. Section 14, 21 and 51 of Indian Penal Code It may also lead to delays in completing disciplinary cases, which would neither be in the interest of public service nor in that of the individual Government servant. (23)(i) After the conclusion of the inquiry, a report shall be prepared and it shall contain-. 61/3/67-C dated the 8th January, 1968] , Cross-examination by or on behalf of the Government servant after the presenting officer has re-examined the witness [Cabinet Sectt. Provided the inquiry officer gives the necessary time and effort, confines his attention to the main points at the issue and firmly resists any attempt by the accused officer to introduce irrelevancies or to adopt deliberate dilatory tactics-there is no reason why satisfactory expedition in disposal should not be achieved in all cases without departing from the prescribed procedure. 3. Consistent with OMB guidance, the 2015 Act does not change previously assessed penalties that the agency is actively collecting or has collected. Such a course may be necessary under certain circumstances particularly in small field formations where the disciplinary authority as well as the Inquiry Officer may have to be one and the same person. It is, therefore, clarified that stay of disciplinary proceedings is not a must in every case, where there is a criminal trial on the very same charges and the concerned authority may decide on proceeding with the departmental proceedings after taking into consideration the facts and circumstances of each case and the guidelines given by the Honble Supreme Court, as mentioned in the preceding paragraphs. Yet for over 100 years, the antitrust laws have had the . The various factors which may contribute to undue delays and faulty disposal are:-.