[Updated upto Apr.

2021]

THE CENTRAL CIVIL SERVICES (CLASSIFICATION, CONTROL AND APPEAL) RULES, 1965

[w.e.f. 1st Dec. 1965]

S. Rule Title of the Rules

No.
Part I – General
1. 1 Short title and commencement
2. 2 Interpretation
3. 3 Application
Part – II – Classification
4. 4 Classification of Services
5. 5 Constitution of Central Civil Services
6. 6 Classification of Posts
7. 6-A
8 7 General Central Services
Part-III – Appointing Authority
9 8 Appointment to Group ‘A’ Services and Posts
10 9 Appointment to other Services and Posts
Part-IV-Suspension
11 10 Suspension
Part – V – Penalties and Disciplinary Authorities
12 11 Penalties
13 12 Disciplinary Authorities
14 13 Authority to institute proceedings
Part – VI – Procedure for imposing penalties
15 14 Procedure for imposing major penalties
16 15 Action on inquiry report
17 16 Procedure for imposing minor penalties
18 17 Communication of Orders
19 18 Common Proceedings
20 19 Special procedures in certain cases
21 20 Provisions regarding officers lent to State Governments, etc.
22 21 Provisions regarding officers borrowing from StateGovernments,
etc.
Part – VII – Appeals
23 22 Orders against which no appeal lies
24 23 Orders against which appeal lies
25 24 Appellate Authority
26 25 Period of limitation of appeals
27 26 Form and content of appeal

28 27 Consideration of appeal
29 28 Implementation of orders in appeal
Part – VIII – Revision and Review
30 29 Revision
31 29-A Review
Part – IX – Miscellaneous
32 30 Services of orders, notices, etc.
33 31 Power to relax time-limit and to condone delay
34 32 Omitted
35 33 Transitory provisions
36 34 Repeal and saving
37 35 Removal of doubts

THE SCHEDULE

PART – I Central Civil Services, Group ‘A’

PART – II Central Civil Services, Group ‘B’

(Except for Civilians in Defence Services)

PART – III Central Civil Services, Group ‘C’

(Except for Civilians in Defence Services)

PART – IV Central Civil Services, Group ‘D’

(Except for Civilians in Defence Services)

PART – V Central Posts in Defence Services

~~~xxx~~~
 THE CENTRAL CIVIL SERVICES (CLASSIFICATION, CONTROL AND APPEAL) RULES, 1965

INTRODUCTION
Art. 310 Art. 310. Tenure of office of persons serving the Union or a State.
Constitution of
(1) Except as expressly provided by this Constitution,
India
every person who is a member of
‘Doctrine of • a defence service or
Pleasure’ • holds any post connected with defence or
• of a civil service of the Union or
• of an all-India service or
• any civil post under the Union
holds office during the pleasure of the President, and

every person who is a member of

• a civil service of a State or
• holds any civil post under a State
holds office during the pleasure of the Governor of the State.

(2) Notwithstanding that a person holding a civil post under the Union or a State holds office
during the pleasure of the President or, as the case may be, of the Governor of the State,
any contract under which a person, not being a member of a defence service or of an all-
India service or of a civil service of the Union or a State, is appointed under this Constitution
to hold such a post may,
if the President or the Governor, as the case may be,
deems it necessary in order to secure the services of a person having special
qualifications, provide for the payment to him of compensation, if before the expiration of
an agreed period
• that post is abolished or
• he is, for reasons not connected with any misconduct on his part, required to vacate
that post.
__________________________________________________________________________
Art. 311 Art. 311. Dismissal, removal or reduction in rank of persons employed in civil capacities
Constitution of under the Union or a State.
India
(1) No person who is a member of
• a civil service of the Union or
• an all-India service or
• a civil service of a State or
• holds a civil post under the Union / a State
shall be dismissed or removed by an authority subordinate to that by which he was
appointed.

(2) No such person as aforesaid shall be dismissed or removed or reduced in rank except
after –
• an inquiry in which
• he has been informed of the charges against him and
• given a reasonable opportunity of being heard in respect of those charges:

Provided that where it is proposed after such inquiry, to impose upon him any such penalty,
such penalty may be imposed on the basis of
• the evidence adduced during such inquiry and
it shall not be necessary to give such person any opportunity of making representation
on the penalty proposed:

Provided further that this clause shall not apply—

 (a) where a person is dismissed or removed or reduced in rank on the ground of conduct
which has led to his conviction on a criminal charge; or
(b) where the authority empowered to dismiss or remove a person or to reduce him in
rank is satisfied that for some reason, to be recorded by that authority in writing, it
is not reasonably practicable to hold such inquiry; or
(c) where the President or the Governor, as the case may be, is satisfied that in the
interest of the security of the State it is not expedient to hold such inquiry.

(3) If, in respect of any such person as aforesaid, a question arises whether it is reasonably
practicable to hold such inquiry as is referred to in clause (2), the decision thereon of the
authority empowered to dismiss or remove such person or to reduce him in rank shall be
final.
___________________________________________________________________________
Principles of Natural Justice
Principles of
Natural Justice
Principles of natural justice are those rules which have been laid down by the Courts as being
the minimum protection of the rights of the individual against the arbitrary procedure that
may be adopted by a judicial, quasi-judicial and administrative authority while making an order
affecting those rights. These rules are intended to prevent such authority from doing injustice.

Natural Justice recognizes three principles:

(i) Nemo debet esse judex in propria causa.
(ii) Audi alterem partem, and
(iii) Speaking orders or reasoned decisions.

(i) Nemo debet esse judex in propria causa

(Nobody shall be a judge in his own cause or in a cause in which he is interested)

The first principle of impartiality is more popularly known as the Doctrine of Bias. That is the
authority sitting in judgment should be impartial and act without bias. To instil confidence in the
system, justice should not merely be done but seen to be done.

In addition to the direct personal interest, the test laid down by the court is to consider the real
likelihood of bias. In other words, probability of bias is sufficient to invalidate the right to
sit in judgment and there is no need to have the proof of actual bias.

Bias can be categorized in three categories–

(i) Pecuniary having pecuniary interest in the subject matter of the proceedings
Ex: when the author of a book was a member of the committee set up for
selection of books.

(ii) Personal arise out of friendship, relationship, professional grievance or even

enmity.

“It is difficult to prove the state of mind of a person. Therefore, we have to

see whether there is reasonable ground for believing that he was likely to
have been biased.”

Ex: in Tata Motor Challenge vs. Government of West Bengal, on the

constitutional validity of Singur Land Rehabilitation and Development Act,
Justice Saumitra Pal recused himself from the case, citing that he knew
some of the people in relation with the case personally.

(ii) Official may arise in cases where an administrator who enunciates, and then has
to carry out an official policy, is entrusted with the duty of hearing
objections from the concerned persons as to the implementation of the
policy.

Here the general rule is that – the bias that may be said to be likely to
arise because the adjudicator has a general interest in the subject matter
and administration of the policy in his official capacity, would not operate
as a disqualification.
 The mere fact that the Registrar of Cooperative Societies has a power of
general supervision over all Co-operative Societies, does not amount to
inherent bias in him so as to disqualify him for the purpose of acting as
an arbitrator or judge to decide disputes between members of a Society
(Viraj vs. State of Orissa 1967 SC 158).

(ii) Audi alterem partem

(to hear the other side, that is, no one should be condemned unheard.)
This is necessary for providing a fair hearing and no doubt the rule against bias would also
be a part of the procedure.
When it is said that hear the other side. It means that hearing should not be reduced to mere
formality and it does not remain confined to only auditory hearing. It should be effective
hearing.
The Principle of Effective Hearing embraces a larger sphere and includes the following
essential aspects:-
(a) Prior notice of decision making: Giving of a valid notice to the proper or concerned
person of the facts of the matter and nature of the action proposed to be taken is a
sine qua non of a fair hearing.
(b) Notice to indicate evidence being relied upon: The notice must clearly indicate
material on the basis of which the proposed action is being taken. The right to know
such material is part of the right to defend oneself.
(c) The notice must be with reference to the charges on which the proceedings are to
be held. The person against whom proceedings are held cannot be punished for a
charge different from the one for which notice had been given.
(d) Return of non-relied upon documents: Once it is shown to the department or the
department feels that the documents are not required by the department and the
department is of the considered opinion that it is not relying upon the documents, then,
it is duty bound to return the records.
(e) Right to make Representation: The right to make representation requires that the
person proceeded against must have opportunity to peruse all material relied upon.
Copies of such material should be furnished free of charge without being demanded
and even in those cases where the documents having been seized from the party, are
relied upon.
(f) Reasonable time to file Reply: After the notice has been received by the person, he
must be given opportunity to make a representation in reply thereto. This opportunity
must be real and effective. This right to make representation also involves grant of
sufficient time to prepare the reply.
(g) Grant of Personal Hearing: Opportunity for hearing also includes personal hearing
apart from making written representation. A fair and reasonable hearing means a
hearing which is adequate for the purpose of bringing before the officer who makes
the decision all the relevant submissions.
(h) Cross Examination: Refusal to allow cross-examination of departmental officers
constituted violation of Principles of Natural Justice. This right can fully be denied in
exceptional cases and only for justifiable reasons or where statute denies the right.
(i) Right of Legal Representation: Fair hearing also involves right of the legal
representation during enquiry. Here the rule is that when one of the parties is
represented by counsel, or at least legally trained persons, the right of the other side
to be represented by counsel is not to be denied.
(iii) Issuance of Speaking Orders or Reasoned Decision
It is now universally recognized that giving reasons for a certain decision is one of the
fundamentals of good administration and a safeguard against arbitrariness. The refusal to give
reasons may excite the suspicion that there are probably no good reasons to support the
decision. Hence reasons are useful as they may reveal an error of law.

Non-Applicability of Principles of Natural Justice: Where they are statutorily excluded,

whether expressly or by necessary implication.
 In Farid Ahmed v. Ahmedabad Municipality (AIR 1976SC 2095). Supreme Court has held
that when the first authority did not observe natural justice in its proceedings, the fact that
appellate or revisionary authority observed natural justice, does not cure the initial defect.
Though theoretically, an order passed in violation of natural justice may be void; it would
yet be effective in its scope and effect unless somebody entitled to question the same
does so and have it set aside or declare void.
The Hon‘ble Supreme Court in M.C. Mehta v. Union of India [1999 (6) SCC 237] stated that a
case relating to breach of natural justice do also occur where all facts are not admitted or are
not all beyond dispute.

PART I – GENERAL
Rule 1.
(1) Short Title: Central Civil Services (Classification, Control and Appeal) Rules, 1965.
Short title and (2) Commencement: w.e.f. 1st December, 1965.
commencement
Clause Definitions/Meaning
Rule 2. (a)"Appointing Authority" in relation to a Government servant, means –

Interpretation (i) the authority empowered to make appointments

• to the Service of which the Government servant is
for the time being a member or
• to the grade of the Service in which the
Government servant is for the time being included,
or
(ii) the authority empowered to make appointments to
the post which the Government servant for the time
being holds, or
(iii) the authority which appointed the Government
servant to such Service, grade or post, as the case
may be, or
(iv) where the Government servant having been a
permanent member of any other Service or having
substantively held any other permanent post, has
been in continuous employment of the
Government, the authority which appointed him to
that Service or to any grade in that Service or to that
post,
whichever authority is the highest authority;
(b) "Cadre authority" in relation to a Service, has the same meaning as in the
rules regulating that Service;

(c) "Central Civil Service includes a civilian Service or civilian post, as the case may
and Central Civil post" be, of the corresponding Group in the Defence Services;
(d) "Commission" means the Union Public Service Commission;
(e) "Defence Services" means services under the Government of India in the
Ministry of Defence, paid out of the Defence Services
Estimates, and not subject to the Army Act, 1950, the Navy
Act, 1957 and the Air Force Act, 1950;
(f) "Department of the means any establishment or organization declared by the
Government of India" President by a notification in the Official Gazette to be a
department of the Government of India;
(g) "disciplinary authority" means the authority competent under these rules to
impose on a Government servant any of the penalties
specified in Rule 11;
(h) "Government servant” means a person who –
(i) is a member of a Service or holds a civil post under
the Union, and includes any such person on foreign
service or whose services are temporarily placed at the
 disposal of a State Government, or a local or other
authority;
(ii) is a member of a Service or holds a civil post under a
State Government and whose services are temporarily
placed at the disposal of the Central Government;
(iii) is in the service of a local or other authority and
whose services are temporarily placed at the disposal of
the Central Government;
(i) "head of the department" for the purpose of exercising the powers as appointing,
disciplinary, appellate or reviewing authority, means –
the authority declared to be the head of the department
under the Fundamental and Supplementary Rules or the
Civil Service Regulations, as the case may be;
(j) "head of the office" for the purpose of exercising the powers as appointing,
disciplinary, appellate or reviewing authority, means–
the authority declared to be the head of the office under
the General Financial Rules;
(k) "Schedule" means the Schedule to these rules;
(l) "Secretary" means the Secretary to the Government of India in any
Ministry or Department, and includes–
(i) a Special Secretary or an Additional Secretary,
(ii) a Joint Secretary placed in independent charge of a
Ministry or Department,
(iii) in relation to the Cabinet Secretariat, the Secretary to
the Cabinet,
(iv) in relation to the President's Secretariat, the Secretary
to the President, or as the case may be, the Military
Secretary to the President,
(v) in relation to Prime Minister's Secretariat, the Secretary
to the Prime Minister, and
(vi) in relation to the Planning Commission, the Secretary
or the Additional Secretary to the Planning
Commission;
(m) "Service" means a civil service of the Union.

Rule 3. These rules shall apply to These rules shall not apply to

Application (1) Every Government servant including (1)

every civilian Government servant in the
Defence Services, (a) any railway servant, as defined in
Rule 102 of Volume I of the Indian
Railways Establishment Code,
(3) Notwithstanding anything contained in (b) any member of the All India
sub-rule (1), or the Indian Railways Services,
Establishment Code,
(c) any person in casual employment,
these rules shall apply to– (d) any person subject to discharge from
service on less than 1 month's
every Government servant temporarily notice,
transferred to a Service or post coming (e) any person for whom special
within Exception (a) or (e) in sub-rule (1), provision is made, in respect of
to whom, but for such transfer, these rules matters covered by these rules, by or
would apply. under any law for the time being in
force or by or under any agreement
entered into by or with the previous
approval of the President before or
after the commencement of these
rules, in regard to matters covered
by such special provisions.
[Exception (a) or (e), sub-rule (1)]
 (2) Notwithstanding anything contained in sub-rule (1), the President may by order exclude
any Group of Government servants from the operation of all or any of these rules.

(4) If any doubt arises, –

(a) whether these rules or any of them apply to any person, or
(b) whether any person to whom these rules apply belongs a particular Service, the
matter shall be referred to the President, who shall decide the same.

PART II – CLASSIFICATION

(1) The Civil Services of the Union shall be classified as follows:-

Rule 4.
(i) Central Civil Services, Group ‘A’;
Classification of (ii) Central Civil Services, Group ‘B’;
Services (iii) Central Civil Services, Group ‘C’;
(iv) Central Civil Services, Group ‘D’.

(2) If a Service consists of more than one grade, different grades of such Service may
be included in different groups.
Rule 5. The Central Civil Services, Group 'A', Group 'B', Group 'C' and Group 'D', shall consist of the
Services and grades of Services specified in the Schedule.
Constitution of
Central Civil
Services
Rule 6. Civil Posts under the Union other than those ordinarily held by persons to whom these rules
do not apply, shall, by a general or special order of the President, be classified as follows:–
Classification of Civil Posts under the Union held by
Posts (i) Central Civil Posts, Group 'A'; persons to whom these rules apply

(ii) Central Civil Posts, Group 'B';

(iii) Central Civil Posts, Group 'C';
(iv) Central Civil Posts, Group 'D'.
Rule 6-A. All references to Central Civil Services/Central Civil Posts, Class I, Class II, Class III and Class
IV in all Rules, Orders, Schedules, Notifications, Regulations, Instructions in force, immediately
before the commencement of these rules shall be construed as references to Central Civil
Services/Central Civil Posts, Group 'A', Group 'B', Group 'C' and Group 'D' respectively,
and any reference to "Class or Classes" therein in this context shall be construed as reference
to "Group or Groups", as the case may be.
Rule 7. Central Civil posts of any group not included in any other Central Civil Service shall be
deemed to be included in the General Central Service of the corresponding group and
General Central
Service a Government servant appointed to any such post shall be deemed to be a member of
that Service unless he is already a member of any other Central Civil Service of the same
group.

PART III – APPOINTING AUTHORITY

Rule 8. All appointments to Central Civil Services, Group ‘A’ and Central Civil Posts, Group ‘A’,
shall be made by the President:
Appointments to
Group ‘A’ Provided that the President may, by a general or a special order and subject to such conditions
Services and as he may specify in such order, delegate to any other authority the power to make such
Posts appointments.

Rule 9. (1) All appointments to the Central Civil Services (other than the General Central Service)
Group ‘B’, Group ‘C’ and Group ‘D’ shall be made by the authorities specified in this behalf
Appointments to in the Schedule:
other Services
and Posts Provided that in respect of Group ‘C’ and Group ‘D’, Civilian Services, or civilian posts in
the Defence Services appointments may be made by officers empowered in this behalf by
the aforesaid authorities.

(2) All appointments to Central Civil Posts, Group ‘B’, Group ‘C’ and Group ‘D’, included
in the General Central Service shall be made by the authorities specified in that behalf by
a general or special order of the President, or where no such order has been made, by
the authorities, specified in this behalf in the Schedule.
 PART IV – SUSPENSION

Rule 10.
(1) The appointing authority or
Suspension any authority to which it is subordinate or i.e. the authority to which appointing authority is subordinate

the disciplinary authority or

any other authority empowered in that behalf by the President, by general or
special order,

may place a Government servant under suspension–

(a) where a disciplinary proceeding against him is contemplated or is pending; or

(aa) where, in the opinion of the authority aforesaid, he has engaged himself in
activities prejudicial to the interest of the security of the State; or
(b) where a case against him in respect of any criminal offence is under
investigation, inquiry or trial:

Provided that, except in case of an order of suspension made by the

Comptroller and Auditor-General in regard to a member of the Indian Audit and
Accounts Service and in regard to an Assistant Accountant General or equivalent
(other than a regular member of the Indian Audit and Accounts Service), where the
order of suspension is made by an authority lower than the appointing
authority, such authority shall forthwith report to the appointing authority the
circumstances in which the order was made.

Deemed
(2) A Government servant shall be deemed to have been placed under suspension by
Suspension an order of appointing authority ––

(a) with effect from the date of his detention, if he is detained in custody,
whether on a criminal charge or otherwise, for a period exceeding 48 hours;
(b) with effect from the date of his conviction, if, in the event of a conviction for
an offence, he is sentenced to a term of imprisonment exceeding 48 hours
and is not forthwith dismissed or removed or compulsorily retired consequent to
such conviction.

Computation of
EXPLANATION - The period of 48 hours referred to in clause (b) of this sub-rule
48 hours shall be computed from the commencement of the imprisonment after the
conviction and for this purpose, intermittent periods of imprisonment, if any, shall
be taken into account.

(3) Where a penalty of dismissal, removal or compulsory retirement from service

imposed upon a Government servant under suspension is set aside in appeal
or on review under these rules and the case is remitted for further inquiry or
action or with any other directions, the order of his suspension shall be deemed
to have continued in force on and from the date of the original order of dismissal,
removal or compulsory retirement and shall remain in force until further orders.

Further inquiry are

(4) Where a penalty of dismissal, removal or compulsory retirement from service
intended to meet imposed upon a Government servant is set aside or declared or rendered void
situation where Court in consequence of or by a decision of a Court of Law and the disciplinary
has passed an order authority, on a consideration of the circumstances of the case, decides to hold
on purely technical
grounds. a further inquiry against him on the allegations on which the penalty of dismissal,
removal or compulsory retirement was originally imposed, the Government servant
shall be deemed to have been placed under suspension by the Appointing
Authority from the date of the original order of dismissal, removal or compulsory
retirement and shall continue to remain under suspension until further orders:

Provided that no such further inquiry shall be ordered unless it is intended to

meet a situation where the Court has passed an order purely on technical
grounds without going into the merits of the case.

(5) (a) Subject to the provisions contained in sub-rule (7), any order of suspension
made or deemed to have been made under this rule shall continue to remain in
force until it is modified or revoked by the authority competent to do so.
 (b) Where a Government servant is suspended or is deemed to have been
suspended (whether in connection with any disciplinary proceeding or otherwise),
and any other disciplinary proceeding is commenced against him during the
continuance of that suspension, the authority competent to place him under
suspension may, for reasons to be recorded by him in writing, direct that the
Government servant shall continue to be under suspension until the
termination of all or any of such proceedings.

(c) An order of suspension made or deemed to have been made under this
rule may at any time be modified or revoked by the authority which made or is
deemed to have made the order or by any authority to which that authority is
subordinate.

(6) An order of suspension made or deemed to have been made under this rule shall
be reviewed by the authority which is competent to modify or revoke the suspension,
before expiry of 90 days from the effective date of suspension, on the
recommendation of the Review Committee constituted for the purpose and pass
orders either extending or revoking the suspension. Subsequent reviews shall be
made before expiry of the extended period of suspension. Extension of
suspension shall not be for a period exceeding 180 days at a time.

(7) An order of suspension made or deemed to have been made under rule 10(1) or
10(2) shall not be valid after a period of 90 days unless it is extended after
review, for a further period before the expiry of 90 days.

Provided that no such review of suspension shall be necessary in the case of

deemed suspension under rule 10(2), if the Government servant continues to be
under suspension* (detention) at the time of completion of 90 days of
suspension and the 90 days period in such case will count from the date the
Government servant detained in custody is released from detention or the date
on which the fact of his release from detention is intimated to his appointing
authority, whichever is later.

* should be ‘detention’

PART V – PENALTIES AND DISCIPLINARY AUHTORITIES

Rule 11. The following penalties may, for good and sufficient reasons and as hereinafter
provided, be imposed on a Government servant, namely :-
Penalties
Minor Penalties – 5 Minor Penalties
Censure is the least
formal penalty to be (i) censure;
imposed
(ii) withholding of his promotion;
(iii) recovery from his pay of the whole or part of any pecuniary loss caused
by himto the Government by negligence or breach of orders;
(iii)(a) reduction to lower stage in the time-scale of pay by one stage for a period
not exceeding three years, without cumulative effect and not adversely
affecting his pension.
(iv) withholding of increments of pay;

Major Penalties – 5 Major Penalties

Reduction to Lower (v) save as provided for in clause (iii)(a), reduction to a lower stage in the
Stage in time-scale of time-scale of pay for a specified period, with further directions as to
pay for specified whether or not the Government servant will earn increments of pay
period:
- dirn on: increments during the period of such reduction and whether on the expiry of such period,
during reduction & effect the reduction will or will not have the effect of postponing the future
on future increments increments of his pay;
Reduction to Lower (vi) reduction to lower time-scale of pay, grade, post or Service for a period
Stage in time-scale of to be specified in the order of penalty, which shall be a bar to the
pay, Grade, Post or
Service for specified promotion of the Government servant during such specified period to the
period, with bar on time-scale of pay, grade, post or Service from which he was reduced, with
promotion during direction as to whether or not, on promotion on the expiry of the said
penalty period
- dirn on: future
increments & seniority
after end of penalty.
 specified period –
(a) the period of reduction to time-scale of pay, grade, post or service shall
operate to postpone future increments of his pay, and if so, to what
extent; and
(b) the Government servant shall regain his original seniority in the higher
time scale of pay, grade, post or service;
(vii) compulsory retirement;
(viii) removal from service which shall not be a disqualification for future
employment under the Government;

Dismissal is the (ix) dismissal from service which shall ordinarily be a disqualification for future
highest formal penalty employment under the Government.
to be imposed
Provided that, in every case in which the charge of possession of assets
disproportionate to known-sources of income /or the charge of acceptance from
any person of any gratification, other than legal remuneration, as a motive or reward
for doing or forbearing to do any official act is established, the penalty mentioned in
clause (viii) or clause (ix) shall be imposed:
Provided further that in any exceptional case and for special reasons recorded in
writing, any other penalty may be imposed.
Explanation.—The following shall not amounted to a penalty within the meaning of
this rule, namely:—
(i) withholding of increments of pay of a Government servant for his failure to
pass any departmental examination in accordance with the rules or
orders governing the Service to which he belongs or post which he holds or
the terms of his appointment;
(ii) stoppage of a Government servant at the efficiency bar in the timescale of
pay on the ground of his unfitness to cross the bar;
(iii) non-promotion of a Government servant, whether in a substantive or
officiating capacity, after consideration of his case, to a Service, grade or
post for promotion to which he is eligible;
(iv) reversion of a Government servant officiating in a higher Service, grade, or
post to a lower Service, grade or post, on the ground that he is considered
to be unsuitable for such higher Service, grade or post or on any
administrative ground unconnected with his conduct;
(v) reversion of a Government servant, appointed on probation to any other
Service, grade or post, to his permanent Service, grade or post during or at
the end of the period of probation in accordance with the terms of his
appointment or the rules and orders governing such probation;
(vi) replacement of the services of a Government servant whose services had
been borrowed from a State Government or an authority under the
control of a State Government, at the disposal of the State Government
or the authority from which the services of such Government servant had
been borrowed;
(vii) compulsory retirement of a Government servant in accordance with the
provisions relating to his superannuation or retirement;
(viii) termination of the services—
(a) of a Government servant appointed on probation, during or at the
end of the period of his probation, in accordance with the terms of his
appointment or the rules and orders governing such probation; or
(b) of a temporary Government servant in accordance with the
provisions of rule 5(1) of the Central Civil Services (Temporary Service)
Rules, 1965; or
(c) of a Government servant, employed under an agreement, in
accordance with the terms of such agreement.
(ix) Any compensation awarded on the recommendation of the Complaints
Committee referred to in the proviso to rule 14(2) and established in the
Department of the Government of India for inquiring into any complaint of
sexual harassment within the meaning of rule 3C of the Central Civil
Services (Conduct) Rules, 1964.
Rule 12. (1) The President may impose any of the penalties specified in Rule 11 on any
Government servant.
Disciplinary
Authorities (2) Without prejudice to the provisions of rule 12(1), but subject to the provisions of rule
12(4), any of the penalties specified in Rule 11 may be imposed on –
(a) a member of a Central Civil Service other than the General Central
Service, by the appointing authority or the authority specified in the
schedule in this behalf or by any other authority empowered in this
behalf by a general or special order of the President;
(b) a person appointed to a Central Civil Post included in the General
Central Service, by the authority specified in this behalf by a general
or special order of the President or, where no such order has been
made, by the appointing authority or the authority specified in the
Schedule in this behalf.
(3) Subject to the provisions of rule 12(4), the power to impose any of the penalties
specified in Rule 11 may also be exercised, in the case of a member of a
Central Civil Services, Group ‘C’ (other than the Central Secretariat Clerical
Service), or a Central Civil Service, Group ‘D’,––
(a) if he is serving in a Ministry or Department of the Government of India, by
the Secretary to the Government of India in that Ministry or
Department, or
(b) if he is serving in any office, by the head of that office, except where the
head of that office is lower in rank than the authority competent to impose
the penalty under rule 12(2).
(4) Notwithstanding anything contained in this rule –
(a) except where the penalty specified in clause (v) or clause (vi) of Rule 11 is
imposed by the Comptroller and Auditor-General on a member of the Indian
Audit and Accounts Service, no penalty specified in clause (v) to (ix) of that
rule shall be imposed by any authority subordinate to the appointing
authority;
(b) where a Government servant who is a member of a Service other than then
General Central Service or who has been substantively appointed to any
civil post in the General Central Service, is temporarily appointed to any other
Service or post, the authority competent to impose on such Government servant
any of the penalties specified in clauses (v) to (ix) of Rule 11 shall not impose
any such penalties unless it has consulted such authority, not being an
authority subordinate to it, as would have been competent under rule 12(2) to
impose on the Government servant any of the said penalties had he not been
appointed to such other Service or post;
(c) in respect of a probationer undergoing training at the Lal Bahadur Shastri
National Academy of Administration, the Director of the said Academy shall
be the authority competent to impose on such probationer any of the penalties
specified in clauses (i) to (iii) of rule 11 after observing the procedure laid
down in rule 16.

EXPLANATION I. For the purposes of clause (c), 'probationer' means a person

appointed to a Central Civil Service on probation.
EXPLANATION II. Where a Government servant belonging to a Service or holding a
Central Civil post of any Group, is promoted, whether on probation or temporarily to
the Service or Central Civil post of the next higher Group, he shall be deemed for the
purposes of this rule to belong to the Service of, or hold the Central Civil post of, such
higher Group.
(1) The President or any other authority empowered by him by general or special
Rule 13. order may -

Authority to
institute (a) institute disciplinary proceedings against any Government servant;
proceedings
(b) direct a disciplinary authority to institute disciplinary proceedings against any
Government servant on whom that disciplinary authority is competent to impose
under these rules any of the penalties specified in rule 11.
 (2) A disciplinary authority competent under these rules to impose any of the
penalties specified in clauses (i) to (iv) of rule 11 may institute disciplinary
proceedings against any Government servant for the imposition of any of the
penalties specified in clauses (v) to (ix) of rule 11 nothwithstanding that such
disciplinary authority is not competent under these rules to impose any of the latter
penalties.

PART VI – PROCEDURE FOR IMPOSING PENALTIES

Rule 14. (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
Procedure for the manner provided in this rule and rule 15, or in the manner provided by
imposing major the Public Servants (Inquiries) Act, 1850, where such inquiry is held under
penalities that Act.
R.14(1): Major Penalty to be
imposed only after inquiry as (2) Whenever the disciplinary authority is of the opinion that there are
per R. 14 & 15 or Public grounds for inquiring into the truth of any imputation of misconduct or
Servant (Inquiries) Act, 1850
(where applicalbe). misbehaviour against a Government servant, it may itself inquire into, or
appoint under this rule or under the provisions of the Public Servants
R.14(2): When DA is of
opinion that there are
(Inquiries) Act, 1850, as the case may be, an authority to inquire into the
DA:
Disciplinary grounds for inquiring into truth thereof.
Authority the truth of imputation of
IA: misconduct/ misbehavior, he Provided that where there is a complaint of sexual harassment
Inquiring may-
Authority i. inquire himself, within the meaning of rule 3C of the Central Civil Services (Conduct)
CC: ii. appoint an authority to Rules, 1964, the Complaints Committee established in each Ministry or
Complaints inquire the truth,
Committee under R. 14 or Public Servant Department or Office for inquiring into such complaints, shall be deemed to
(Inquiries) Act, 1850. be the inquiring authority appointed by the disciplinary authority for
PROVISO: For complaint of the purpose of these rules and the Complaints Committee shall hold, if
sexual harassment under
R.3C, Conduct Rules, the CC separate procedure has not been prescribed for the Complaints
estd in Min./Dept./Office for Committee for holding the inquiry into the complaints of sexual harassment,
such complaints, shall be
deemed to be the IA the inquiry as far as practicable in accordance with the procedure laid
appointed by the DA for the down in these rules.
purpose of these rules and
the Complaints Committee
shall hold the inquiry in Explanation 1.— Where the disciplinary authority itself holds the inquiry, any
accordance with the reference in sub-rule (7) to sub-rule (20) and in sub-rule (22) to the inquiring
procedure laid down in
these rules, if separate authority shall be construed as a reference to the disciplinary authority.
procedure has not been
prescribed for holding the Explanation 2.— Where the disciplinary authority appoints a retired
inquiry into the complaints
of sexual harassment. Government servant as inquiring authority, any reference in sub-rule (7) to
In R.14(7) to (20) & 14(22): sub-rule (20) and in sub-rule (22) shall include such authority.
IA=DA if DA itself hold
inquiry (Expl. 1), &
(3) Where it is proposed to hold an inquiry against a Government se rvant
IA=Retd. GS, if DA appoints
under this rule and rule 15, the disciplinary authority shall draw up or cause
Retd GS as IA (Expl. 2) to be drawn up––
(i) the substance of the imputations of misconduct or misbehaviour into
R.14(3): When inquiry is definite and distinct articles of charge;
proposed against GS, DA
shall draw up-
i. Articles of charge
(ii) a statement of the imputations of misconduct or misbehaviour in
ii.Statement of the support of each article of charge, which shall contain–
imputations of misconduct/
misbehaviour (containing (a) a statement of all relevant facts including any admission or
relevant facts & admission/
confession of GS; and list of confession made by the Government servant;
documents/ witnesses by
which charges are to be (b) a list of documents by which, and a list of witnesses by whom,
proved)
the articles of charge are proposed to be sustained.
R.14(4): DA shall deliver to the (4) (a) The Disciplinary Authority shall deliver or cause to be delivered to the
GS-
i. Articles of charge Government servant a copy of the articles of charge, the statement of
ii. Statement of the the imputations of misconduct or misbehaviour and a list of documents
imputations of misconduct/
misbehaviour and witnesses by which each article or charges is proposed to be sustained.
iii. List of documents/
witnesses by which charges (b) On receipt of the articles of charge, the Government servant shall
are to be proved).
be required to submit his written statement of defence, if he so desires,
Within 15 days: and also state whether he desires to be heard in person, within a period of
GS shall submit his written
statement of defence & state 15 days, which may be further extended for a period not exceeding 15
whether he desires to be days at a time for reasons to be recorded in writing by the Disciplinary
heard in person.
Further extension of period: Authority or any other Authority authorised by the Disciplinary Authority on
15 days at a time (reasons to his behalf:
be recorded in writing by DA)
Maximum time period for
filing written statement of Provided that under no circumstances, the extension of time for filing
defence: 45 days, from the written statement of defence shall exceed 45 days from the date of receipt
date of receipt of Articles of
charge. of articles of charge.
 (5) (a) On receipt of the written statement of defence, the disciplinary
R.14(5):(a) On receipt of the written statement of authority may itself inquire into such of the articles of charge as are not
defence: The DA may itself inquire into the admitted, or, if it considers it necessary so to do, appoint, under sub-rule
articles of charge as are not admitted, or appoint
an IA for the purpose u/R.14(2), and where all the (2), an inquiring authority for the purpose, and where all the articles of
articles of charge have been admitted by the charge have been admitted by the Government servant in his written
Government servant in his written statement of
defence, the disciplinary authority shall record statement of defence, the disciplinary authority shall record its
its findings on each charge after taking such findings on each charge after taking such evidence as it may think fit and
evidence as it may think fit and
shall act in the manner laid down in R.15(Action shall act in the manner laid down in rule 15.
on Inquiry Report).
(b) If no written statement of defence is submitted by the Government
(b) If no written statement of defence is
submitted by the GS: The DA may itself inquire
servant, the disciplinary authority may itself inquire into the articles of
into the articles of charge, or appoint an IA for charge, or may, if it considers it necessary to do so, appoint, under sub- rule
the purpose u/R.14(2).
(2), an inquiring authority for the purpose.
(c) The DA or IA (as the case may be) may, by an
order, appoint a GS (Serving/Retd.) or a legal (c) Where the disciplinary authority itself inquires into any article of
practitioner, to be known as the "Presenting charge or appoints an inquiring authority for holding an inquiry into
Officer" to present on its behalf the case in support
of the articles of charge. such charge, it may, by an order, appoint a Government servant or a legal
practitioner, to be known as the "Presenting Officer" to present on its
behalf the case in support of the articles of charge.
Explanation.–– For the purposes of this rule, the expression ‘Government
servant’ includes a person who has ceased to be in Government service.

R.14(6): The DA, where it is not the IA, shall (6) The disciplinary authority shall, where it is not the inquiring
forward to the IA–– authority, forward to the Inquiring Authority––
(i) a copy of the articles of charge
(ii) the statement of the imputations of
misconduct or misbehaviour;
(i) a copy of the articles of charge and the statement of the imputations
(ii) a copy of the written statement of the defence of misconduct or misbehaviour;
submitted by the GS;
(iii) a copy of the statements of witnesses as per (ii) a copy of the written statement of the defence, if any, submitted by
R.14(3);
(iv) evidence proving the delivery of the the Government servant;
documents to the Government servant as per
R.14(3); and (iii) a copy of the statements of witnesses, if any, referred to in sub-rule
(v) a copy of the order appointing the "Presenting
Officer". (3);
(iv) evidence proving the delivery of the documents referred to in sub-rule
(3) to the Government servant; and
(v) a copy of the order appointing the "Presenting Officer".
Proceedings before Inquiring Authority: R.14(7)
onwards

R.14(7): The GS shall appear in person before (7) The Government servant shall appear in person before the Inquiring
the IA on such day & time, as the IA may, by Authority on such day and at such time within 10 working days from the date of
notice in writing, specify within 10 working days
from the date of receipt by the IA of the AoC & receipt by the Inquiring Authority of the articles of charge and the statement of the
SoI, or within such further time, not exceeding imputations of misconduct or misbehaviour, as the Inquiring Authority may, by
10 days, as the Inquiring Authority may allow.
notice in writing, specify, in this behalf, or within such further time, not exceeding
10 days, as the Inquiring Authority may allow.

R.14(8): (a): The GS may take the assistance of (8) (a) The Government servant may take the assistance of any other
any other GS posted in any office (at his Government servant posted in any office either at his headquarters or at the place
headquarters or where the inquiry is held), to
present the case on his behalf, but may not where the inquiry is held, to present the case on his behalf, but may not engage
engage a legal practitioner for the purpose, a legal practitioner for the purpose, unless the Presenting Officer appointed by
unless
-the Presenting Officer is a legal practitioner, or the disciplinary authority is a legal practitioner, or, the disciplinary authority,
-the DA so permits having regard to the having regard to the circumstances of the case, so permits;
circumstances of the case;

Provided that: the GS may take the assistance of

Provided that the Government servant may take the assistance of any
any other GS posted at any other station, if the other Government servant posted at any other station, if the Inquiring Authority
IA so permits, having regard to the circumstances
of the case, and for reasons to be recorded in
having regard to the circumstances of the case, and for reasons to be recorded in
writing. writing, so permits.
Note.–– The GS shall not take the assistance of
any other GS who has 3 pending disciplinary Note.–– The Government servant shall not take the assistance of any other
cases on hand in which he has to give
assistance. Government servant who has 3 pending disciplinary cases on hand in which
(b) The Government servant may also take the he has to give assistance.
assistance of a retired GS to present the case on
his behalf, subject to conditions specified by the (b) The Government servant may also take the assistance of a retired
President from time to time by general or special
order in this behalf. Government servant to present the case on his behalf, subject to such
conditions as may be specified by the President from time to time by general or
special order in this behalf.

(9) (9) If the Government servant who has not admitted any of the articles of charge
 R.14(9): The GS who has not admitted any of the in his written statement of defence or has not submitted any written statement of
articles of charge in his written statement of
defence or has not submitted any written
defence, appears before the Inquiring Authority, such authority shall ask him
statement of defence, when appears before the whether he is guilty or has any defence to make and if he pleads guilty to
IA: Such authority shall ask him-
-whether he is guilty or
any of the articles of charge, the Inquiring Authority shall record the plea, sign
-has any defence to make the record and obtain the signature of the Government servant thereon.
And
If he pleads guilty to any of the articles of
charge, the IA shall record the plea, sign the
record and obtain the signature of the GS
thereon. (10) (10) The Inquiring Authority shall return a finding of guilt in respect of those
articles of charge to which the government servant pleads guilty.
R.14(10): The IA shall return a finding of guilt
i.r.o those articles of charge to which the
government servant pleads guilty.
(11) (11) The Inquiring Authority shall, if the Government servant fails to appear
R.14(11): If the GS fails to appear within the within the specified time or refuses or omits to plead, require the Presenting
specified time or refuses/omits to plead, the IA Officer to produce the evidence by which he proposes to prove the articles of
shall require the Presenting Officer to produce
the evidence by which he proposes to prove the charge, and shall adjourn the case to a later date not exceeding 30 days, after
articles of charge, and IA shall adjourn the case recording an order that the Government servant may, for the purpose of
to a later date not exceeding 30 days, after
recording an order that the GS may, for the preparing his defence:
purpose of preparing his defence:
(i) inspect the documents specified in R.14(3) (i) inspect within 5 days of the order or within such further time not
within 5 days of the order or within such further exceeding 5 days as the Inquiring Authority may allow, the documents
time not exceeding 5 days as the Inquiring
Authority may allow; specified in the list referred to in sub-rule (3);
(ii) submit a list of witnesses to be examined on
his behalf; (ii) submit a list of witnesses to be examined on his behalf;
NOTE.–– If the Government servant applies orally/
in writing for the supply of copies of the statements
NOTE.–– If the Government servant applies orally or in writing for the supply of
of witnesses mentioned in R.14(3), the Inquiring copies of the statements of witnesses mentioned in the list referred to in sub- rule
Authority shall furnish him with such copies as early
as possible and in any case not later than 3 days
(3), the Inquiring Authority shall furnish him with such copies as early as
before the commencement of the examination of possible and in any case not later than 3 days before the commencement of the
the witnesses on behalf of the DA.
examination of the witnesses on behalf of the disciplinary authority.
(iii) GS give a notice for the discovery or
production of any documents which are in the (iii) give a notice within 10 days of the order or within such further time not
possession of Government but not mentioned in
R.14(3), within 10 days of the order or within exceeding 10 days as the Inquiring Authority may allow, for the discovery
such further time not exceeding 10 days as the or production of any documents which are in the possession of
Inquiring Authority may allow.
NOTE.–– The GS shall indicate the relevance of
Government but not mentioned in the list referred to in sub-rule (3).
the documents required by him to be discovered
or produced by the Government. NOTE.–– The Government servant shall indicate the relevance of the
documents required by him to be discovered or produced by the Government.

R.14(12):On receipt of the notice for the

(12) The Inquiring Authority shall, on receipt of the notice for the
discovery or production of documents from GS, discovery or production of documents, forward the same or copies thereof to
the IA shall forward the same to the Authority in
whose custody or possession the documents are
the authority in whose custody or possession the documents are kept, with
kept, with a requisition for the production of the documents by such date as may be specified
a requisition for the production of the
documents by the date specified in the
in such requisition:
requisition:
Provided that the Inquiring Authority may, for reasons to be recorded by it
Provided that: The IA may refuse to requisition in writing, refuse to requisition such of the documents as are, in its opinion, not
such of the documents, by reasons to be
recorded by it in writing, if in its opinion, they relevant to the case.
are not relevant to the case.

R.14(13):On receipt of the requisition referred in (13) On receipt of the requisition referred to in sub-rule (12), every
R.14(12), every authority having the custody/
possession of the requisitioned documents shall
authority having the custody or possession of the requisitioned documents shall
produce the same or issue a non-availability produce the same or issue a non-availability certificate before the Inquiring
certificate before the IA within 1 month of the
receipt of such requisition:
Authority within 1 month of the receipt of such requisition:
Provided that: If the authority is satisfied for Provided that if the authority having the custody or possession of the
reasons to be recorded by it in writing that the requisitioned documents is satisfied for reasons to be recorded by it in writing
production of all or any of such documents
would be against the public interest or security that the production of all or any of such documents would be against
of the State, it shall inform the IA accordingly the public interest or security of the State, it shall inform the Inquiring Authority
and the Inquiring Authority shall, on being so
informed, communicate the information to the GS accordingly and the Inquiring Authority shall, on being so informed,
and withdraw the requisition made by it. communicate the information to the Government servant and withdraw the
requisition made by it for the production or discovery of such documents.

R.14(14): On the date fixed for the inquiry, the

oral and documentary evidence by which the
articles of charge are proposed to be proved shall
(14) On the date fixed for the inquiry, the oral and documentary
be produced by or on behalf of the DA. evidence by which the articles of charge are proposed to be proved shall be
-The witnesses shall be examined by or on
behalf of the Presenting Officer and may be
produced by or on behalf of the disciplinary authority. The witnesses shall be
cross-examined by or on behalf of the GS. examined by or on behalf of the Presenting Officer and may be cross-
-The Presenting Officer shall be entitled to re-
examine the witnesses on any points on which
examined by or on behalf of the Government servant. The Presenting Officer
they have been cross-examined, but not on any shall be entitled to re-examine the witnesses on any points on which they
new matter, without the leave of the IA.
-The inquiring authority may also put such
have been cross-examined, but not on any new matter, without the leave of
questions to the witnesses as it thinks fit. the inquiring authority. The inquiring authority may also put such questions
 to the witnesses as it thinks fit.
R.14(15): If it shall appear necessary before the (15) If it shall appear necessary before the close of the case on behalf of the
close of the case on behalf of the DA, the IA
may, in its discretion, allow the Presenting disciplinary authority, the inquiring authority may, in its discretion, allow the
Officer to produce evidence not included in the Presenting Officer to produce evidence not included in the list given to the
list given to the GS or may itself call for new
evidence or recall and re-examine any witness Government servant or may itself call for new evidence or recall and re-
and in such case the Government servant shall examine any witness and in such case the Government servant shall be
be entitled to have, if he demands it, a copy of
the list of further evidence proposed to be entitled to have, if he demands it, a copy of the list of further evidence
produced and an adjournment of the inquiry for proposed to be produced and an adjournment of the inquiry for 3 clear days
3 clear days before the production of such new
evidence, exclusive of the day of adjournment before the production of such new evidence, exclusive of the day of
and the day to which the inquiry is adjourned. adjournment and the day to which the inquiry is adjourned. The inquiring
The IA shall give the GS an opportunity of authority shall give the Government servant an opportunity of inspecting such
inspecting such documents before they are documents before they are taken on the record. The inquiring authority may
taken on the record.
also allow the Government servant to produce new evidence, if it is of the
The IA may also allow the GS to produce new opinion that the production of such evidence is necessary, in the interests of
evidence, if it is of the opinion that the production of
such evidence is necessary in the interests of justice.
justice.
NOTE.– New evidence shall not be permitted or called for or any witness
NOTE.– New evidence shall not be permitted or
called for or any witness shall not be recalled to fill shall not be recalled to fill up any gap in the evidence. Such evidence may be
up any gap in the evidence. Such evidence may called for only when there is an inherent lacuna or defect in the evidence which
be called for only when there is an inherent
lacuna or defect in the evidence which has been has been produced originally.
produced originally.

R.14(16): When the case for the disciplinary (16) When the case for the disciplinary authority is closed, the
authority is closed, the GS shall be required to
state his defence, orally or in writing, as he may
Government servant shall be required to state his defence, orally or in writing,
prefer. as he may prefer. If the defence is made orally, it shall be recorded and the
If the defence is made orally, it shall be recorded
and the Government servant shall be required to
Government servant shall be required to sign the record. In either case, a
sign the record. copy of the statement of defence shall be given to the Presenting Officer, if
In either case, a copy of the statement of
defence shall be given to the Presenting Officer
any, appointed.
appointed.
__________________________________________________________________
R.14(17): The evidence on behalf of the GS shall (17) The evidence on behalf of the Government servant shall then be
then be produced.
produced. The Government servant may examine himself in his own behalf if
The Government servant may examine himself in he so prefers. The witnesses produced by the Government servant shall then be
his own behalf if he so prefers.
The witnesses produced by the GS shall then be
examined and shall be liable to cross-examination, re-examination and
examined and shall be liable to cross- examination by the inquiring authority according to the provisions applicable to
examination, re-examination and examination by
the IA according to the provisions applicable to
the witnesses for the disciplinary authority.
the witnesses for the DA.

R.14(18): After the Government servant closes

his case, the IA may, and shall, if the
(18) The inquiring authority may, after the Government servant closes General exam of
Government servant has not examined himself, his case, and shall, if the Government servant has not examined himself, the Charged
generally question the GS on the circumstances Officer:
appearing against him in the evidence for the
generally question him on the circumstances appearing against him in the Mandatorily
purpose of enabling the GS to explain any evidence for the purpose of enabling the Government servant to explain any done as a
circumstances appearing in the evidence procedure
against him.
circumstances appearing in the evidence against him.

R.14(19): After the completion of the production

of evidence, the IA may hear the Presenting (19) The inquiring authority may, after the completion of the production of
Officer and the Government servant, or permit evidence, hear the Presenting Officer, if any, appointed, and the Government
them to file written briefs of their respective
case, if they so desire. servant, or permit them to file written briefs of their respective case, if they
so desire.

R.14(20): The inquiring authority may hold the (20) If the Government servant to whom a copy of the articles of charge has Daily Order Sheet
inquiry ex parte-
-If the GS to whom a copy of the articles of charge
been delivered, does not submit the written statement of defence on or of the ex parte
proceedings:
has been delivered, does not submit the written before the date specified for the purpose or does not appear in person Mandatorily
statement of defence on or before the date
specified for the purpose or
before the inquiring authority or otherwise fails or refuses to comply with provided to the CO
through any mode
-does not appear in person before the IA or the provisions of this rule, the inquiring authority may hold the inquiry ex of service, as a
-otherwise fails or refuses to comply with
the provisions of this rule.
parte. procedure

R.14(21): (a) Where a DA competent to impose

Minor Penalty u/R 11 (but not competent to impose (21) (a) Where a Disciplinary Authority competent to impose any of the
any of the Major Penalties u/R 11), has itself
penalties specified in clause (i) to (iv) of rule 11 (but not competent to Change
inquired or caused to inquire into the articles of
any charge and that authority, - of DA
impose any of the penalties specified in clauses (v) to (ix) of rule 11), has
-having regard to its own findings or itself inquired into or caused to be inquired into the articles of
-having regard to its decision on any of the findings of any charge and that authority, having regard to its own findings or
any inquiring authority appointed by it,
having regard to its decision on any of the findings of any inquiring
is of the opinion that the Major penalties u/R.11 authority appointed by it, is of the opinion that the penalties specified
should be imposed on the GS,
in clauses (v) to (ix) of rule 11 should be imposed on the Government
that authority shall forward the records of the servant, that authority shall forward the records of the inquiry to
inquiry to
such Disciplinary Authority as is competent to impose the last
such DA as is competent to impose the Major
Penalty.
 mentioned penalties.
R.14(21): (b) The DA to which the records are so (b) The Disciplinary Authority to which the records are so forwarded Change
forwarded may-
-act on the evidence on the record or may act on the evidence on the record or may, if it is of the opinion that of DA
-may recall the witness and examine, cross- further examination of any of the witnesses is necessary in the
examine and re-examine the witness, if it is of
the opinion that further examination of any of the interests of justice, recall the witness and examine, cross-examine
witnesses is necessary in the interests of and re-examine the witness and may impose on the Government
justice,
and may impose on the GS such penalty as it servant such penalty as it may deem fit in accordance with these
may deem fit in accordance with these rules. rules.

R.14(22): Whenever any IA ceases to exercise (22) Whenever any inquiring authority, after having heard and recorded the
jurisdiction therein, after having heard and whole or any part of the evidence in an inquiry ceases to exercise jurisdiction Change
recorded the whole or any part of the evidence in an of IA
inquiry and is succeeded by another IA which therein, and is succeeded by another inquiring authority which has, and which
has, and which exercises, such jurisdiction, the exercises, such jurisdiction, the inquiring authority so succeeding may act on
IA so succeeding may act on the evidence so
recorded by its predecessor, or partly recorded the evidence so recorded by its predecessor, or partly recorded by its
by its predecessor and partly recorded by itself: predecessor and partly recorded by itself:
Provided that if the succeeding IA is of the
opinion that further examination of any of the Provided that if the succeeding inquiring authority is of the opinion that
witnesses whose evidence has already been
recorded is necessary in the interests of justice,
further examination of any of the witnesses whose evidence has already been
it may recall, examine, cross-examine and re- recorded is necessary in the interests of justice, it may recall, examine, cross-
examine any such witnesses as hereinbefore
provided.
examine and re-examine any such witnesses as hereinbefore provided.

R.14(23): (i) Final Inquiry Report shall be (23) (i) After the conclusion of the inquiry, a report shall be prepared
prepared and it shall contain– and it shall contain–
(a) the articles of charge and the statement of
the imputations of misconduct or misbehaviour;
(b) the defence of the Government servant in (a) the articles of charge and the statement of the imputations of
respect of each article of charge; misconduct or misbehaviour;
(c) an assessment of the evidence in respect of
each article of charge;
(d) the findings on each article of charge and the
(b) the defence of the Government servant in respect of each
reasons therefor. article of charge;
(c) an assessment of the evidence in respect of each article of
charge;
(d) the findings on each article of charge and the reasons therefor.

Charge different from the original articles of the EXPLANATION.–– If in the opinion of the inquiring authority the proceedings of
charge: the inquiry establish any article of charge different from the original articles
-IA may record its findings on such AoC;
Provided: of the charge, it may record its findings on such article of charge:
i. GS has admitted the facts of such AoC;
ii. GS had a reasonable opportunity of defending Provided that the findings on such article of charge shall not be
himself against such AoC.
recorded unless the Government servant has either admitted the facts on which
such article of charge is based or has had a reasonable opportunity of
defending himself against such article of charge.
(ii) The Inquiring Authority, where it is not itself the disciplinary authority,
shall forward to the Disciplinary Authority the records of inquiry
which shall include :-
(a) the report prepared by it under clause (i);
(b) the written statement of defence, if any, submitted by the
Government servant;
(c) the oral and documentary evidence produced in the course of the
inquiry;
(d) written briefs, if any, filed by the Presenting Officer or the
Government servant or both during the course of the inquiry; and
(e) the orders, if any, made by the disciplinary authority and the inquiring
authority in regard to the inquiry.

R.14(24): (a) The Inquiring Authority should 24 (a) The Inquiring Authority should conclude the inquiry and submit
conclude the inquiry and submit his report his report within a period of 6 months from the date of receipt of order of
within a period of 6 months from the date of
receipt of order of his appointment as Inquiring his appointment as Inquiring Authority.
Authority.
(b) Where it is not possible to adhere to the (b) Where it is not possible to adhere to the time limit specified in clause
time limit specified in clause (a), the Inquiring
Authority may record the reasons and seek
(a), the Inquiring Authority may record the reasons and seek extension of
extension of time from the disciplinary authority time from the disciplinary authority in writing, who may allow an
in writing, who may allow an additional time not
exceeding 6 months for completion of the
additional time not exceeding 6 months for completion of the Inquiry,
Inquiry,
 at a time.
(c) The extension for a period not exceeding 6 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.

Rule 15.
(1) The Disciplinary Authority, if it is not itself the inquiring authority
Action on the may, for reasons to be recorded by it in writing, remit the case to the
inquiry report 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 15 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(UPSC), 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 15 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 proceedings 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. [MINOR 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*. [MAJOR PENALTY] [*Art. 311 CoI]

Rule 16. (1) (1) Subject to the provisions of sub-rule (5) of rule 15, no order imposing
on a Government servant any of the penalties specified in clause (i) to (iv)
Procedure for of rule 11 shall be made except after––
imposing of
minor penalties
(a) informing the Government servant in writing of the proposal to take
 action against him and of the imputations of misconduct or
misbehaviour on which it is proposed to be taken, and giving him
reasonable opportunity of making such representation as he may
wish to make against the proposal;
Holding Inquiry: In every case in which the
disciplinary authority is of the opinion that (b) holding an inquiry in the manner laid down in sub-rules (3) to (24) of
such inquiry is necessary
rule 14, in every case in which the disciplinary authority is of the
opinion that such inquiry is necessary;
(c) taking the representation, if any, submitted by the Government servant
under clause (a) and the record of inquiry, if any, held under clause (b)
into consideration;
(d) consulting the Commission where such consultation is necessary. The
Disciplinary Authority shall forward or cause to be forwarded a copy of
the advice of the Commission to the Government servant, who shall
be required to submit, if he so desires, his written representation or
submission on the advice of the Commission, to the Disciplinary
Authority within 15 days; and
(e) recording a finding on each imputation or misconduct or misbehavior.

(1-A) Notwithstanding anything contained in clause (b) of sub-rule (1), if

in a case it is proposed after considering the representation, if any, made by
the Government servant under clause (a) of that sub-rule, to withhold
increments of pay and such withholding of increments is likely to affect
adversely the amount of pension payable to the Government servant or
to withhold increments of pay for a period exceeding 3 years or to withhold
increments of pay with cumulative effect for any period, an inquiry shall be
held in the manner laid down in sub-rules (3) to (24) of Rule 14, before
making any order imposing on the Government servant any such penalty.

(2) (2) The record of the proceedings in such cases shall include––
(3)
(i) a copy of the intimation to the Government servant of the proposal to take
action against him;
(ii) a copy of the statement of imputations of misconduct or misbehaviour
delivered to him;
(iii) his representation, if any;
(iv) the evidence produced during the inquiry;
(v) the advice of the Commission, if any;
(vi) representation, if any, of the Government servant on the advice of the
Commission;
(vii) the findings on each imputation of misconduct or misbehavior; and
(viii) the orders on the case together with the reasons therefor.

Rule 17.
Orders made by the disciplinary authority shall be communicated to the
Government servant who shall also be supplied with ––
Communication
of Orders • a copy of its finding on each article of charge, or
• where the disciplinary authority is not the inquiring authority, a statement
of the findings of the disciplinary authority together with brief reasons for
its disagreement, if any, with the findings of the inquiring authority and
also a copy of the advice, if any, given by the Commission, and
• where the disciplinary authority has not accepted the advice of the
Commission, a brief statement of the reasons for such non-acceptance.

Rule 18.
(1) Where two or more Government servants are concerned in any
case, the President or any other authority competent to impose the penalty of
Common
dismissal from service on all such Government servants may make an order
Proceedings
directing that disciplinary action against all of them may be taken in a
common proceeding.
NOTE. – If the authorities competent to impose the penalty of dismissal
on such Government servants are different, an order for taking disciplinary
 action in a common proceeding may be made by the highest of such
authorities with the consent of the others.

(2) Subject to the provisions of sub-rule (4) of rule 12, any such order shall
specify––

(i) the authority which may function as the disciplinary authority for
the purpose of such common proceeding;
(ii) the penalties specified in rule 11 which such disciplinary authority
shall be competent to impose;
(iii) whether the procedure laid down in rule 14 and rule 15 or rule 16
shall be followed in the proceeding.

Rule 19. Notwithstanding anything contained in rule 14 to rule 18––

Special procedure (i) where any penalty is imposed on a Government servant on the
in certain cases ground of conduct which has led to his conviction on a criminal
charge, or
(ii) where the disciplinary authority is satisfied for reasons to be recorded
by it in writing that it is not reasonably practicable to hold an inquiry in
the manner provided in these rules, or
(iii) where the President is satisfied that in the interest of the security of
the State, it is not expedient to hold any inquiry in the manner provided
in these rules,

the Disciplinary Authority may consider the circumstances of the case

and make such orders thereon as it deems fit:

Provided that the Government servant may be given an opportunity of

making representation on the penalty proposed to be imposed before any
order is made in a case under clause (i):

Provided that the Commission shall be consulted, where such

consultation is necessary, and the Government servant has been given an
opportunity of representing against the advice of the Commission, within the
time limit specified in rule 15(3)(b) [i.e., 15 days], before any orders are made
in any case under this rule.

Rule 20. (1) Where the services of a Government servant are lent by one
department to another department or to a State Government or an authority
Provisions subordinate thereto or to a local or other authority (hereinafter in this rule
regarding officers referred to as "the borrowing authority"), the borrowing authority shall
lent to State have the powers–
Governments,
etc. • of the Appointing Authority for the purpose of placing such
Government servant under suspension and
• of the disciplinary authority for the purpose of conducting a
disciplinary proceeding against him:

Provided that the borrowing authority shall forthwith inform the

authority which lent the services of the Government servant (hereinafter in this
rule referred to as "the lending authority") of the circumstances leading to
the order of suspension of such Government servant or the commencement
of the disciplinary proceeding, as the case may be.

(2) In the light of the findings in the disciplinary proceeding

conducted against the Government servant–
(i) if the borrowing authority 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 may, after consultation with the lending
authority, make such orders on the case as it deems necessary:

Provided that in the event of a difference of opinion between the

borrowing authority and the lending authority, the services of
the Government servant shall be replaced at the disposal of
 the lending authority;

(ii) if the borrowing authority 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 replace his services at the disposal
of the lending authority and transmit to it the proceedings of the
inquiry and thereupon the lending authority may, if it is the
disciplinary authority, pass such order thereon as it may deem
necessary, or, if it is not the disciplinary authority, submit the case
to the disciplinary authority which shall pass such orders on the case
as it may deem necessary:

Provided that before passing any such order the disciplinary

authority shall comply with the provisions of sub-rules (3) and (4) of
rule 15.

EXPLANATION.– The Disciplinary Authority may make an order under this

clause on the record of the inquiry transmitted to it by the borrowing
authority or after holding such further inquiry as it may deem necessary,
as far as may be, in accordance with rule 14.

(1) Where an order of suspension is made or a disciplinary proceeding is

Rule 21. conducted against a Government servant whose services have been borrowed by one
department from another department or from a State Government or an authority
Provisions subordinate thereto or a local or other authority, the authority lending his services
regarding officers (hereinafter in this rule referred to as "the lending authority") shall forthwith be
borrowed from informed of the circumstances leading to the order of the suspension of the
State Government servant or of the commencement of the disciplinary proceeding, as the
Governments, case may be.
etc.

(2) In the light of the findings in the disciplinary proceeding conducted against
the Government servant, if the disciplinary authority is of the opinion that any of the
penalties specified in clauses (i) to (iv) of rule 11 should be imposed on him, it may,
subject to the provisions of rule 15(3) and except in regard to a Government servant
serving in the Intelligence Bureau up to the rank of Assistant Central Intelligence
Officer, after consultation with the lending authority, pass such orders on the case
as it may deem necessary––

(i) provided that in the event of a difference of opinion between the

borrowing authority and the lending authority, the services of the
Government servant shall be replaced at the disposal of the lending
authority;
(ii) if the disciplinary authority 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 replace the services of such Government
servant at the disposal of the lending authority and transmit to it the
proceedings of the inquiry for such action, as it may deem necessary.

PART VII – APPEALS

Rule 22.
Notwithstanding anything contained in this Part, no appeal shall lie against–
Orders against
which no appeal (i) any order made by the President;
lies (ii) any order of an interlocutory nature or of the nature of a step-in-aid of the
final disposal of a disciplinary proceeding, other than an order of suspension;
(iii) any order passed by an inquiring authority in the course of an inquiry under
Rule 14.

Rule 23.
Subject to the provisions of rule 22, a Government servant may prefer an appeal against
Orders against all or any of the following orders, namely: –
which appeal lies
 (i) an order of suspension made or deemed to have been made under rule 10;
(ii) an order imposing any of the penalties specified in rule 11, whether made
by the disciplinary authority or by any appellate or revising authority;
(iii) an order enhancing any penalty, imposed under rule 11;
(iv) an order which–
(a) denies or varies to his disadvantage his pay, allowances, pension
or other conditions of service as regulated by rules or by agreement;
or
(b) interprets to his disadvantage the provisions of any such rule or
agreement;
(v) an order–
(a) stopping him at the efficiency bar in the time-scale of pay on the
ground of his unfitness to cross the bar;
(b) reverting him while officiating in a higher service, grade or post, to
a lower service, grade or post, otherwise than as a penalty;
(c) reducing or withholding the pension or denying the maximum pension
admissible to him under the rules;
(d) determining the subsistence and other allowances to be paid to
him for the period of suspension or for the period during which he is
deemed to be under suspension or for any portion thereof;
(e) determining his pay and allowances –
(i) for the period of suspension, or
(ii) for the period from the date of his dismissal, removal or
compulsory retirement from service, or from the date of his
reduction to a lower service, grade, post, time-scale or stage in a
time-scale of pay, to the date of his reinstatement or restoration to
his service, grade or post; or

(f) determining whether or not the period from the date of his
suspension or from the date of his dismissal, removal,
compulsory retirement or reduction to a lower service, grade, post,
time-scale of pay or stage in a time-scale of pay to the date of his
reinstatement or restoration to his service, grade or post shall be
treated as a period spent on duty for any purpose.

EXPLANATION. – In this rule–

(i) the expression 'Government servant' includes a person who has ceased to be in
Government service;
(ii) the expression 'pension' includes additional pension, gratuity and any other
retirement benefits.
Rule 24.
(1) A Government servant, including a person who has ceased to be in
Appellate Government service, may prefer an appeal against all or any of the orders specified
Authority in Rule 23 to the authority specified in this behalf either in the Schedule or by a
general or special order of the President or, where no such authority is specified–

(i) where such Government servant is or was a member of a Central

Service, Group ‘A’ or Group ‘B’ or holder of a Central Civil Post,
Group ‘A’ or Group ‘B’, ––
(a) to the Appointing Authority, where the order appealed against is
made by an authority subordinate to it; or
(b) to the President where such order is made by any other authority;

(ii) where such Government servant is or was a member of a Central Civil

Service, Group ‘C’ or Group ‘D’, or holder of a Central Civil Post,
Group ‘C’ or Group ‘D’, to the authority to which the authority making
the order appealed against his immediately subordinate.

(2) Notwithstanding anything contained in sub-rule (1)––

 (i) an appeal against an order in a common proceeding held under Rule
18 shall lie to the authority to which the authority functioning as the
disciplinary authority for the purpose of that proceeding is immediately
subordinate:

Provided that where such authority is subordinate to the President in

respect of a Government servant for whom President is the appellate authority in
terms of Rule 24(1)(i)(b), the appeal shall lie to the President.

(ii) where the person who made the order appealed against becomes,
by virtue of his subsequent appointment or otherwise, the appellate authority
in respect of such order, an appeal against such order shall lie to the
authority to which such person is immediately subordinate.

(3) A Government servant may prefer an appeal against an order imposing any
of the penalties specified in rule 11 to the President, where no such appeal lies to
him under sub-rule (1) or sub-rule (2), if such penalty is imposed by any authority
other than the President, on such Government servant in respect of his activities
connected with his work as an office-bearer of an association, federation or union,
participating in the Joint Consultation and Compulsory Arbitration Scheme.

Rule 25.
No appeal preferred under this part shall be entertained unless such appeal is
Period of preferred within a period of 45 days from the date on which a copy of the order
Limitation of appealed against is delivered to the appellant :
appeals
Provided that the appellate authority may entertain the appeal after the expiry of the
said period, if it is satisfied that the appellant had sufficient cause for not preferring
the appeal in time.

Rule 26.
(1) Every person preferring an appeal shall do so separately and in his own
Form and name.
contents of
appeal (2) The appeal shall be presented to the authority to whom the appeal lies, a
Appeal to Authority: To whom the appeal lies, by copy being forwarded by the appellant to the authority which made the order appealed
the Appellant, separately, in own name.
Copy of the Appeal to: The authority which made against. It shall contain all material statements and arguments on which the appellant
the order appealed against (Authority who passed relies, shall not contain any disrespectful or improper language, and shall be complete
the Order).
Appeal (complete in itself) should contain: All in itself.
material statements + Arguments on which the
appellant relies.
Authority who passed the Order, on receipt of (3) The authority which made the order appealed against shall, on receipt of a
Appeal: shall forward to the appellate authority copy of the appeal, forward the same with its comments thereon together with the
without any avoidable delay, and without waiting for
any direction from the appellate authority - relevant records to the appellate authority without any avoidable delay, and without
Appeal + Comments + Relevant records waiting for any direction from the appellate authority.

Rule 27.
(1) In the case of an appeal against an order of suspension, the appellate
Consideration of authority shall consider whether in the light of the provisions of rule 10 and having
appeal regard to the circumstances of the case, the order of suspension is justified or not
1.Appeal against Order of Suspension: AA shall and confirm or revoke the order accordingly.
consider–– whether the order of suspension is
justified or not (in the light of Rule 10 & the
circumstances of the case) & confirm or revoke the (2) In the case of an appeal against an order imposing any of the penalties
order accordingly.
2.Appeal against Order Imposing or Enhancing specified in rule 11 or enhancing any penalty imposed under the said rules, the
any of the imposed penalties in Rule 11: AA shall appellate authority shall consider––
consider––
(a) whether the procedure laid down in these rules
have been complied with and (a) whether the procedure laid down in these rules have been complied with and
if not,
whether such non-compliance has resulted in the if not, whether such non-compliance has resulted in the violation of any
violation of any provisions of the Constitution of provisions of the Constitution of India or in the failure of justice;
India or in the failure of justice;
(b) whether the findings of the disciplinary
authority are warranted by the evidence on the
(b) whether the findings of the disciplinary authority are warranted by the
record; and evidence on the record; and
(c) whether the penalty or the enhanced penalty
imposed is adequate, inadequate or severe; (c) whether the penalty or the enhanced penalty imposed is adequate, inadequate
and pass orders- or severe;
(i) confirming, enhancing, reducing, or setting
aside the penalty; or
(ii) remitting the case with such direction as it and pass orders-
may deem fit in the circumstances of the case, to:
- the authority which imposed or
- enhanced the penalty or (i) confirming, enhancing, reducing, or setting aside the penalty; or
- to any other authority

provided that-

..contd/-
from above: (ii) remitting the case to the authority which imposed or enhanced the
provided that- penalty or to any other authority with such direction as it may deem fit in
the circumstancesof the case :
(i) UPSC shall be consulted, where necessary, &
opportunity of representation to the GS against
the advice of UPSC, as in rule 15(3)(b).
(ii) Where enhanced penalty as Major Penalty is provided that-
proposed by the AA and Inquiry u/R.14 has not
already been held in the case, the AA shall, s.t.
R.19, itself hold such inquiry or direct that such (i) The Commission shall be consulted in all cases where such consultation
inquiry be held (as in R.14) and thereafter, on
consideration of the proceedings of such inquiry, is necessary, and the government servant has been given an opportunity
make such orders as it may deem fit; of representing against the advice of the Commission within the time
(iii) Where enhanced penalty as Major Penalty is
proposed by the AA and Inquiry u/R.14 has limit specified in rule 15(3)(b).
already been held in the case, the AA shall make
such orders as it may deem fit after giving the
appellant a reasonable opportunity of making a (ii) If such enhanced penalty which the appellate authority proposes to
representation against the proposed penalty; and impose is one of the penalties specified in clauses (v) to (ix) of rule 11 and
(iv) no order imposing an enhanced penalty shall
be made in any other case unless- the appellant Major Penalty an inquiry under rule 14 has not already been held in the case, the
has been given a reasonable opportunity, as far appellate authority shall, subject to the provisions of rule 19, itself hold
as may be, as in R.16, of making a representation
against such enhanced penalty. such inquiry or direct that such inquiry be held in accordance with the
provisions of rule 14 and thereafter, on a consideration of the
3. In an appeal against any other order specified
in R.23 (that is, iv & v), the AA shall consider all proceedings of such inquiry and make such orders as it may deem fit;
the circumstances of the case and make such
orders as it may deem just and equitable.
(iii) if the enhanced penalty which the appellate authority proposes to impose is
one of the penalties specified in clauses (v) to (ix) of rule 11 and an
Major Penalty
enquiry under rule 14 has been held in the case, the appellate authority
shall make such orders as it may deem fit after the appellant has been
given a reasonable opportunity of making a representation against the
proposed penalty; and

(iv) no order imposing an enhanced penalty shall be made in any other case
unless the appellant has been given a reasonable opportunity, as far
Minor Penalty as may be, in accordance with the provisions of rule 16, of making a
representation against such enhanced penalty.

Orders under (3) In an appeal against any other order specified in rule 23, the appellate
R.23( iv & v) authority shall consider all the circumstances of the case and make such orders as
it may deem just and equitable.

Rule 28.
The authority which made the order appealed against shall give effect to the orders passed
Implementation of by the appellate authority.
orders in appeal

PART VIII – REVISION AND REVIEW

Rule 29.
(1) Notwithstanding anything contained in these rules-
Revision
(i) the President; or
REVISING AUTHORITIES

1. President: in All cases.

(ii) the Comptroller and Auditor-General, in the case of a Government
2.Comptroller and Auditor-General: in the case of servant serving in the Indian Audit and Accounts Department; or
a GS serving in the Indian Audit and Accounts Dept.
3.Member (Personnel) Postal Services Board: in
the case of a GS serving in or under the Postal (iii) the Member (Personnel) Postal Services Board in the case of a
Services Board.
4. Adviser (Human Resources Development),
Government servant serving in or under the Postal Services Board and
Department of Telecommunications: in the case of Adviser (Human Resources Development), Department of
a GS serving in/under the Telecommunications
Board.
Telecommunications in the case of a Government servant serving in or
5. Head of a Department directly under the Central under the Telecommunications Board; or
Government: in the case of a GS serving in a dept/
office under the control of such Head of a Dept (not
being the Secretariat or the Posts and Telegraphs (iv) the Head of a Department directly under the Central Government, in the
Board).
6. Appellate authority: within 6 months of the date case of a Government servant serving in a department or office (not being
of the order proposed to be revised. the Secretariat or the Posts and Telegraphs Board), under the control of
7. Any other authority: specified in this behalf by
the President by a general or special order, and such Head of a Department; or
within such time as may be prescribed in such
general or special order.
(v) the appellate authority, within six months of the date of the order proposed
CONDITION: to be revised or Where appeal is not preferred by the GS; revision should be submitted within 6 months of the
Power of revision shall be exercised by the order on which revision is sought, and after limitation period of appeal: 45 days [R.29(2)]
Authorities 2 to 5 above only if the concerned
Appellate Authority is subordinate to him, i.e. (vi) any other authority specified in this behalf by the President by a general
(i) the authority which made the order in appeal, or orspecial order, and within such time as may be prescribed in such general
(ii) the authority to which an appeal would lie, where
no appeal has been preferred. or special order;
may at any time, either on his or its own motion or otherwise call for the records of

Note: 1. Original Punishing Authority not competent to revise or cancel its own order in Revision.
2. Appellate Authority cannot revise its own order [in R.29(1)(v)]
 any inquiry and revise any order made under these rules or under the rules repealed by
rule 34 from which an appeal is allowed, but from which no appeal has been preferred
or from which no appeal is allowed, after consultation with the Commission where
such consultation is necessary, and may––

(a) confirm, modify or set aside the order; or

(b) confirm, reduce, enhance or set aside the penalty imposed by the order, or
impose any penalty where no penalty has been imposed; or

(c) remit the case to the authority which made the order to or any other authority
directing such authority to make such further enquiry as it may consider proper
in the circumstances of the case; or

(d) pass such other orders as it may deem fit:

Provided that no order imposing or enhancing any penalty shall be made by any
revising authority unless the Government servant concerned has been given a
reasonable opportunity of making a representation against the penalty proposed
and where it is proposed to impose any of the penalties specified in clauses (v) to (ix) of
rule 11 or to enhance the penalty imposed by the order sought to be revised to any of the
penalties specified in those clauses, and if an inquiry under rule 14 has not already
been held in the case no such penalty shall be imposed except after an inquiry in
the manner laid down in rule 14 subject to the provisions of rule 19, and except
after consultation with the Commission where such consultation is necessary and the
Government servant has been given an opportunity of representing against the advice of
the Commission within the time limit specified in rule 15(3)(b),

Provided further that no power of revision shall be exercised by the Comptroller

and Auditor-General, Member (Personnel), Postal Services Board, Adviser (Human
Resources Department), Department of Telecommunications or the Head of Department,
as the case may be, unless––
(i) the authority which made the order in appeal, or
(ii) the authority to which an appeal would lie, where no appeal has been
preferred, is subordinate to him.

R.29(2): Revision proceedings shall (2) No proceeding for revision shall be commenced until after––
be commenced only after––
(i) the expiry of the period of limitation (i) the expiry of the period of limitation for an appeal, or
for an appeal, or
(ii) the disposal of the appeal, where (ii) the disposal of the appeal, where any such appeal has been preferred.
any such appeal has been preferred.

(3) An application for revision shall be dealt with in the same manner as if it were
an appeal under these rules.

Rule 29-A.
The President may, at any time, either on his own motion or otherwise review any
order passed under these rules, when any new material or evidence which could not
Review
be produced or was not available at the time of passing the order under review and
which has the effect of changing the nature of the case, has come, or has been brought,
to his notice:
Provided that no order imposing or enhancing any penalty shall be made by the
President unless the Government servant concerned has been given a reasonable
opportunity of making a representation against the penalty proposed or where it is
proposed to impose any of the major penalties specified in rule 11 or to enhance the minor
penalty imposed by the order sought to be reviewed to any of the major penalties and if
an enquiry under rule 14 has not already been held in the case, no such penalty shall be
imposed except after inquiring in the manner laid down in rule 14, subject to the
provisions of rule 19, and except after consultation with the Commission where such
consultation is necessary and the Government servant has been given an opportunity of
representing against the advice of the Commission within the time limit specified in rule
15(3)(b).

PART IX – MISCELLANEOUS

Rule 30.
Every order, notice and other process made or issued under these rules shall be served
 in person on the Government servant concerned or communicated to him by registered
Service of orders, post.
notices, etc.
Rule 31.
Save as otherwise expressly provided in these rules, the authority competent under
Power to relax these rules to make any order may, for good and sufficient reasons or if sufficient
time-limit and to cause is shown, extend the time specified in these rules for anything required to
condone delay be done under these rules or condone any delay.
Rule 32. Omitted
Rule 33.
On and from the commencement of these rules, and until the publication of the Schedules
Transitory under these rules, the Schedules to the Central Civil Services (Classification, Control and
Provisions Appeal) Rules, 1957, and the Civilians in Defence Services (Classification, Control and
Appeal) Rules, 1952, as amended from time to time, shall be deemed to be the Schedules
relating to the respective categories of Government servants to whom they are,
immediately before the commencement of these rules, applicable and such Schedules
shall be deemed to be the Schedules referred to in the corresponding rules of these
rules.

Rule 34.
(1) Subject to the provisions of rule 33, the Central Civil Services (Classification,
Repeal and Controland Appeal) Rules, 1957, and the Civilians in Defence Services (Classification,
Saving Control and Appeal) Rules, 1952, and any notifications or orders issued thereunder in so
far as they are inconsistent with these rules, are hereby repealed:

Provided that––

(a) such repeal shall not affect the previous operation of the said rules, or any
notification or order made, or anything done, or any action taken, thereunder;

(b) any proceedings under the said rules, pending at the commencement of these
rules shall be continued and disposed of, as far as may be, in accordance
with the provisions of these rules, as if such proceedings were proceedings under
these rules.

(2) Nothing in these rules shall be construed as depriving any person to whom these
rules apply, of any right of appeal which had accrued to him under the rules, notification
or orders in force before the commencement of these rules.

(3) An appeal pending at the commencement of these rules against an order made
before such commencement shall be considered and orders thereon shall be made, in
accordance with these rules as if such orders were made and the appeals were
preferred under these rules.

(4) As from the commencement of these rules any appeal or application for
review against any orders made before such commencement shall be preferred or
made under these rules, as if such orders were made under these rules :

Provided that nothing in these rules shall be construed as reducing any period
of limitation for any appeal or review provided by any rule in force before the
commencement of these rules.

Rule 35. If any doubt arises as to the interpretation of any of the provisions of these rules, the
matter shall be referred to the President or such other authority as may be specified
Removal of by the President by general or special order, and the President or such other authority
doubts shall decide the same.

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