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F.No. C-11016/2/2007-Ad.V

Government of India

Ministry of Finance

Department of Revenue

Central Board of Excise & Customs

 

                        New Delhi, Date 13th July, 2010.

 

ORDER

 

            Consequent upon  reclassification of posts of Inspector (C.Ex), Inspector (PO) and Inspector (Examiner) under CBEC as Gr 'B' non-gazetted, based on the norms of the Department of Personnel and Training ,vide Board's Order C 18013/100/2003-Ad.III (B) date 11th December, 2003 read with   letter of even number dated 24th October, 2007 addressed to all Chief Commissioners and Director Generals and designation of 'Commissioner' as the appointing authority for the said reclassified posts of Inspector (C.Ex), Inspector (PO) and Inspector (Examiner) vide Board's Order C 18013/100/2003-Ad.III (B) date 22nd December 2009, as also keeping in view the reclassification of Gr. 'D' posts as Gr 'C' on the recommendations of the Sixth Pay Commission,  the question of specifying authorities to discharge functions as Disciplinary Authority, Appellate Authority and Revisionary Authority under CCS(CCA) Rules, 1965 for various Gr 'B', 'C' and erstwhile Gr 'D' category of posts has been engaging the attention of the Board.

 

2          The matter has been examined in consultation with the Department of Personnel and Training. Considering that  in terms of Rule 12 (4) (a) of CCS(CCA) Rules, 1965,  the level of disciplinary  authority for major penalty can not be lower  than the  Appointing Authority and that  under  Rule 4 to 6 of  CCS(CCA) Rules, 1965 regarding classification of posts as also other rules  such as Rule 24 and 29/29-A, there is no distinction between Gr. 'B' gazetted  and Gr 'B' non-gazetted, it has been decided with the approval of the President  to specify the following authorities as  Disciplinary Authority, Appellate Authority and Revisionary Authority  for  Gr, 'B' and 'C' (including erstwhile Gr. 'D') posts in CBEC

 

 

Classification of posts

Disciplinary Authority

Appellate Authority

Revisionary Authority

Gr. 'B'

Commissioner

Chief Commissioner

President

Gr.'C' (including erstwhile Gr. 'D)

Jt. Commissioner/ Addl. Commissioner

Commissioner

 Chief Commissioner

Gr.'C' (including erstwhile Gr. 'D)

Where Commissioner has passed an order in a common disciplinary proceeding

Chief Commissioner

Chairman, CBEC or Member (P&V)

 

 

3.         The above  Order takes effect from the date of  issue.  Necessary amendment to the Schedule to CCS(CCA) Rules, 1965 is being carried out separately. 

 

4          The pending Appeals/Revision Applications shall be decided by the competent authorities as per extant provisions.

 

5.         In respect of persons serving in various Directorates, officers in rank equal to the above specified authorities shall be the corresponding Disciplinary Authority, Appellate Authority and Revisionary Authority.

 

6.         Hindi version will follow.

[ By Order and in the name of the President]

 

(Akhtarul Hanif) 

 Under Secretary to the Government of India 

 

To

 

All the Chief Commissioners/Directors General in CBEC

All Commissioners/All Addl Directors General in CBEC