F. No.11012/8/2011-Estt.(A)
Government of India
Ministry of Personnel, PG & Pensions
Department of Personnel & Training
North Block, New Delhi- 110 001
Dated November 19th, 2014
OFFICE MEMORANDUM
Subject: Central Civil Services (Classification, Control and Appeal)
Rules, 1965 – Advice of the Union Public Service Commission (UPSC) to be
communicated to the delinquent Government servant – Amendment –
regarding
The Hon’ble Supreme Court in its judgment on 16.03.2011, while
dismissing the Civil Appeal No. 5341 of 2006 in the matter of Union of
India & Ors. v/s S. K. Kapoor, had held that it is a settled
principle of natural justice that if any material is to be relied upon
in departmental proceedings, a copy of the same must be supplied in
advance to the charge sheeted employee so that he may have a chance to
rebut the same. The Hon’ble Court also observed that there may be a case
where the report of the Union Public Service Commission (UPSC) is not
relied upon by the disciplinary authority and in that case it is
certainly not necessary to supply a copy of the same to the concerned
employee. However, if it is relied upon, then a copy of the same must be
supplied in advance to the concerned employee, otherwise, there will be
violation of the principles of natural justice.
2. The matter was examined in consultation with Department of Legal
Affairs and it was decided that in compliance of the above judgement, a
copy of the advice of UPSC, if consulted, may be provided to the Charged
Officer, before a final decision is taken in disciplinary proceedings.
As the UPSC are also consulted in the processes relating to Appeal and
Review, it was decided to also extend the benefit of supply of the
advice to these cases as well.
3. The rules 15, 16, 17, 19, 27, 29 and 29-A of the Central Civil
Service (Classification, Control and Appeal) Rules, 1965, have since
been amended vide G.S.R. No. 769(E) dated 31.10.2014. A copy of the
Gazette Notification is enclosed. The Notification is also available on
the website of this Department at http://persmin.nic.in/DOPT.asp under
OM & Orders -> Establishment -> CCS (CCA Rules). There is no
change in the procedure upto the stage of consultations with UPSC. The
amendment provides that a copy of UPSC advice is to be supplied to the
Government servant and his representation, if any, on such advice is to
be considered by the Disciplinary/ Appellate/ Revisionary/ Reviewing
Authority, as the case may be, before passing the final order.
4. In brief, in the disciplinary cases, where the UPSC are to be consulted, the following procedure should be adopted:
a) The Disciplinary Authority shall forward or cause to be forwarded to UPSC 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 on the representation of the Government servant on the
Inquiry report and disagreement note, if any, with all the case records
of the inquiry proceedings.
b) On receipt of the UPSC advice, the Disciplinary Authority shall
forward or cause to be forwarded a copy of the advice to the Government
servant who shall be required to submit, if he so desires, his written
representation/ submission to the Disciplinary Authority within fifteen
days. The Disciplinary Authority shall consider such representation and
take action as prescribed in sub-rules (4), (5) and (6) of Rule 15 of
CCS (CCA) Rules, 1965.
5. Similarly, in matters relating to Appeal/ Revision/ Review, a copy of
the UPSC advice, if consulted, may be supplied to the Government
servant and his representation, if any, thereon may be considered by the
Appellate/ Revisionary/ Reviewing Authority before passing final
orders.
6. All Ministries/ Departments/Offices are requested to bring the
revised guidelines to the notice of all concerned authorities under
their control.
7. Hindi version will follow.
sd/-
(J. A. Vaidyanathan)
Director (Establishment)
Source: www.persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/11012_8_2011-Estt.A-19112014.pdf]