In case of doubt as to the interpretation of any provision of these Rules, the matter shall be referred to the President or to any other authority designated by the President by general or special order, and the President or another authority shall decide. may, at any time, on its own motion or otherwise, request the minutes of an inquiry and review any order made under these Rules of Procedure or the rules repealed by section 34 against which an appeal is admissible but against which no appeal has been brought or against which no appeal is admissible; After consulting the Commission, where such consultation is necessary, and 2. In the event of an appeal against an order imposing any of the sanctions referred to in Article 11 or increasing a penalty imposed under that Regulation, the appellate authority shall: (i) the withholding of surcharges by a government official for failure to pass a ministerial examination in accordance with the rules or orders; applicable to the service to which it belongs. the office he holds or the conditions under which he is appointed; (ii) discharge of the appeal, where such a remedy has been preferred. 3. A request for review shall be treated in the same way as if it were an appeal under this Regulation. [Note II. The powers conferred on the Governor under this rule shall be exercised by the Supreme Court in the case of bailiffs.] Several points relating to Rules 12, 14, 15 and 29 of the CCS (CCA) Rules 1965 are frequently referred to the Ministry of the Interior for clarification. These points are given below and the explanations for each of them. 5. The procedure for withdrawing a resignation after it has taken effect and the official has resigned from his previous post shall be governed by the following statutory provision in paragraphs 4 to 6 of rule 26 of the SCC (pension) Regulations 1972, which corresponds to Article 418(b) of the Civil Service Regulations: 9. When staff members apply for posts in the same or other departments on track and in the process of selection, they are invited to resign from their previous posts for administrative reasons and, if the rules permit, remuneration may be granted for the new post, the resignation being treated as a “technical formality”. The matter has been discussed in consultation with the Ministry of Law and Justice and it has now been decided that if it is found that a staff member who is not qualified or qualified or suitable for initial employment in the service within the meaning of the recruitment regulations, etc., has made false statements or submitted a false certificate in order to obtain the appointment, It shall not be kept in service.
In the case of a probationary or temporary official, he or she should be dismissed or dismissed. If he has become a permanent public servant, an investigation may be conducted under Rule 14 of the SCC Regulations 1965 (CCA) and, if the charge is proven, the government employee must be removed from office or dismissed. Under no circumstances shall any other sanctions be imposed. 6. Since CSC`s rules apply only to permanent incumbents, the above provisions would only apply to a permanent employee who has resigned. Cases of resignation or resignation of staff members involving a relaxation of any of the provisions of the above rules must be approved by the Personnel Department, P.G. & Pensions, in accordance with rule 88 of the CCS (Pensions) Rules, 1972. (6) Provision of the regulations applicable to public undertakings authorising the adoption of disciplinary measures against direct recruitment for acts committed before their cessation One of the points introduced by the National Council at its meeting in September 1970 under the system of joint consultation and compulsory arbitration was a staff proposal that the disciplinary investigation should normally be conducted by a single person. which should be free from official or other influence from disciplinary authority. It was also proposed to amend the rules so that departmental investigations are conducted without exception by a person from another department. Following the subsequent deliberations of the National Council, a committee of the Council was established to deal with the issue in all its aspects.
Within the Committee, staff emphasized that a departmental investigation must ensure that the proceedings are conducted objectively and that the requirement of natural justice must be diluted if the investigation is conducted by the disciplinary authority itself or entrusted to an investigator who is or under the direct influence of the disciplinary authority. In their view, departmental investigations should always be entrusted to an independent and impartial body or tribunal and expenditure considerations related to the establishment of such an independent forum should not be the primary jurisdictional factor. Furthermore, without exception, the investigator should belong to a wing or office or service different from that to which the alleged offender belongs. (a) if it or one of them applies to a person, or The jurisdiction of the court to interfere in disciplinary matters or sanctions cannot be equated with a court of appeal. The Court may not intervene in the conclusions of the investigator or the competent authority if they are not arbitrary or completely perverse. The power to impose a sanction on a delinquent official is conferred on the competent authority either by law or by regulations subject to art.