Appeal To Deppt Against Action

Appeal To Deppt Against Action

under Rule 23 of CCS (CCA) Rules 1965 

23.       Orders against which appeal lies

Subject to the provisions of rule 22, a Government servant may prefer an appeal against all or any of the following orders, namely:-

(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.

24.          Appellate Authority

(1)        A Government servant, including a person who has ceased to be in Government service, may prefer an appeal against all or any of the orders specified 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;

which the authority making the order appealed against is immediately subordinate (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 toe.

(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 sub-clause  (b) of clause (i) of sub-rule (1), 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.

Government of India’s Instructions

(1)     Appeal in the case of a disciplinary order against an office-bearer of an association or union :-  

All appeals to the President under sub-rule (3) of Rule 24 should be placed before the Minister-in-charge for final orders irrespective of whether the general directions in various Ministries, relating to the disposal of appeals addressed to the President, require such submission or not.

In respect of persons serving in the Indian Audit and Accounts Department, the appeals referred to in the preceding para, shall be disposed of by the Comptroller and Auditor General of India.

25.         Period of Limitation of appeals

No appeal preferred under this part shall be entertained unless such appeal is preferred within a period of forty-five days from the date on which a copy of the order appealed against is delivered to the appellant :

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.

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