Ammendment in Time Limit: CCS (Classification, Control and Appeal) Amendment Rules, 2017 – Gazette Notification

CCS (Classification, Control and Appeal) Amendment Rules, 2017 – Gazette
Notification *THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]*
*MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS* *(Department of
Personnel and Training)* *NOTIFICATION* New Delhi, the 2nd June, 2017
G.S.R. 548(E).—In exercise of the powers conferred by the proviso to
article 309 and clause (5) of article 148 of the Constitution, and after
consultation with the Comptroller and Auditor General of India in relation
to persons serving in the Indian Audit and Accounts Department, the
President hereby makes the following rules further to amend the
Central Civil Services (Classification, Control and Appeal)
Rules, 1965

CCS (Classification, Control and Appeal) Amendment Rules, 2017 – Gazette
Notification 
THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)
 
NOTIFICATION
New Delhi, the 2nd June, 2017
G.S.R. 548(E).—In exercise of the powers conferred by the
proviso to article 309 and clause (5) of article 148 of the
Constitution, and after consultation with the Comptroller
and Auditor General of India in relation to persons serving
in the Indian Audit and Accounts Department, the President
hereby makes the following rules further to amend the
Central Civil Services (Classification, Control and Appeal)
Rules, 1965, namely:-
1. (1) These rules may be called the Central Civil Services
(Classification, Control and Appeal) Amendment Rules, 2017.
(2) They shall come into force on the date of their publication
in the Official Gazette.
2. In the Central Civil Services (Classification, Control and
Appeal) Rules, 1965,-
I. in rule 14,—
(i) for sub-rule (4), the following sub-rule shall be
substituted, namely :-
“(4) (a) The Disciplinary Authority shall deliver or cause to be
delivered to the Government servant a copy of the articles
of charge, the statement of the imputations of misconduct
or misbehaviour and a list of documents and witnesses by
which each article or charges is proposed to be sustained.
(b) On receipt of the articles of charge, the Government
servant shall be required to submit his written statement
of defence, if he so desires, and also state whether he
desires to be heard in person, within a period of fifteen
days, which may be further extended for a period not
exceeding fifteen days at a time for reasons to be recorded
in writing by the Disciplinary Authority or any other
Authority authorised by the Disciplinary Authority on his
behalf: Provided that under no circumstances, the extension
of time for filing written statement of defence shall
exceed forty-five days from the date of receipt of articles
of charge.”;
(ii) for sub-rule (13), the following sub-rule shall be
substituted, namely:—
“(13) On receipt of the requisition referred to in sub-rule (12),
every authority having the custody or possession of the
requisitioned documents shall produce the same or issue a
non-availability certificate before the Inquiring Authority
within one month of the receipt of such requisition:

Provided that if the authority having the custody or
possession of the requisitioned documents is satisfied for
reasons to be recorded by it in writing that the production
of all or any of such documents would be against the public
interest or security of the State, it shall inform the
Inquiring Authority accordingly and the Inquiring Authority
shall, on being so informed, communicate the information to
the Government servant and withdraw the requisition made by
it for the production or discovery of such documents.”;

(iii)
after sub-rule (23), the following sub-rule shall be
inserted, namely:—
“(24)
(a)
The Inquiring Authority should conclude the inquiry and
submit his report within a period of six months from the
date of receipt of order of his appointment as Inquiring
Authority.
(b)
Where it is not possible to adhere to the time limit
specified in clause (a), the Inquiring Authority may record
the reasons and seek extension of time from the
disciplinary authority in writing, who may allow an
additional time not exceeding six months for completion of
the Inquiry, at a time.
(c)
The extension for a period not exceeding six months at a
time may be allowed for any good and sufficient reasons to
be recorded in writing by the Disciplinary Authority or any
other Authority authorised by the Disciplinary Authority on
his behalf.”;
II. in rule 16,-
(i) in sub-rule (1), in clause (b), for the words, brackets and
figure “sub-rules (3) to (23) of rule 14”, the words,
brackets and figure “sub-rules (3) to (24) of rule 14”
shall be substituted;
(ii) in sub-rule (1-A), for the words, brackets and figure
“sub-rules (3) to (23) of rule 14”, the words, brackets and
figure “sub-rules (3) to (24) of rule 14” shall be
substituted;
III. in rule 19, in the second proviso, after the words “against
the advice of the Commission”, the words “within the time
limit specified in clause (b) of sub-rule (3) of rule 15,”
shall be inserted;
IV. in rule 27, in sub-rule (2), in the proviso, in clause (i)
after the words “against the advice of the Commission”, the
words “within the time limit specified in clause (b) of
sub-rule (3) of rule 15,” shall be inserted;
V. in rule 29, in sub-rule (1), in the first proviso, after
the words “against the advice of the Commission”, the words
“within the time limit specified in clause (b) of sub-rule
(3) of rule 15,” shall be inserted;
VI. in rule 29-A, in the proviso, after the words “against the
advice of the Commission”, the words “within the time limit
specified in clause (b) of sub-rule (3) of rule 15,” shall
be inserted.
[F. No. 11012/9/2016-Estt.A-III]
GYANENDRA DEV TRIPATHI, Jt. Secy
Source: DoPT
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