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Friday, December 3, 2010

Communicating tentative reasons for disagreement under rule 15(2) of the CCS (CCA) Rules, 1965

Dear Comrades,
Rule 15(2) of the Central Civil Services (Classification, .Control and & Appeal) Rules, 1965 states that 'The Disciplinary Authority shall forward or cause to be forwarded a copy of the report of the inquiry, if any, held by Disciplinary Authority or where the Disciplinary Authority is not the Inquiring Authority, a copy of the report of the lnquiring Authority together with its own tentative reasons for disagreement, if any, with the findings of Inquiry 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.
The necessity of following the aforementioned rule 15(2) both in letter and spirit is reiterated. The communication forwarding the IO's report alongwith the tentative reasons for disagreement, if any, seeking commentslrepresentation of the Charaged officer should reflect this Position. All MinistrieslDe~artments are,
therejore, requested tb ensure that the communication forwarding 'the IO's report etc. does not contain phrases such as 'Article of charge is fully proved' or 'Article of charge is fully substantiated' which could be construed to mean that the disciplinary - authority is biased even before considering the representation ofthe charged officer and this would be against the letter and spirit of the CCS (CCA) Rules, 1965

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