Flow chart to avoid procedural flaws in processing of disciplinary cases

The Charged Officers also tend to take advantage of these procedural flaws in processing of disciplinary cases at various stages of their examination

F. No. 43020 /14/2021-Estt.A-III
Government of India
Ministry of Personnel, Public Grievance and Pensions
Department of Personnel & Training
Establishment A-Ill

North Block, New Delhi – 110001
Dated the 8th November, 2021

OFFICE MEMORANDUM

Subject: Aid to processing of departmental proceedings under the CCS (CCA) Rules, 1965- Simplification regarding.

It has been observed that the Disciplinary Authorities, while processing the disciplinary cases under the Central Civil Services (Classification, Control and Appeal) Rules, 1965, sometimes fail to appreciate the vital procedural requirements/ timelines provided under the said Rules, albeit unintentionally, which are required to be mandatorily followed to ensure justice and bringing the cases to logical conclusions. Non-conformity to the requirements as per the established rules also leads to intervention by the Courts on the ground of denial of proper opportunity to the Charged Officers for defending themselves appropriately and, consequently, setting aside of disciplinary proceedings. The Charged Officers also tend to take advantage of these procedural flaws in processing of disciplinary cases at various stages of their examination e.g. sharing of documents, approval of Article of Charge by the DA, sharing of UPSC advice and General Examination of the CO, to quote the few. These procedural lapses have also been noticed in various cases referred to this Department for advice.

2. In this regard, an attempt has been made to indicate the various steps involved in the disciplinary cases in a simple form through the enclosed Flow Chart, for better understanding of Rules in their application by the DAs. It is felt that this exercise will facilitate the Administrative Ministries/ Departments to deal with the disciplinary cases effectively. It is, however, clarified that the detailed provisions under relevant Rules and instructions issued thereunder may be duly followed in its application and, in case of any ambiguity or conflict of the indicative flow Chart with any of the existing Rules/ Instructions, the extant Rules and Instructions will prevail.

(Umesh Kumar Bhatia)
Deputy Secretary to the Government of India

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