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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

(Ad. V Section)

 

6th Floor, C-Wing, Hudco Vishala Bldg,

Bhikaji Cama Place, New Delhi.

Date the 18th April, 2011.

To

 

All Director Generals

All Chief Commissioners of Customs, Central Excise & Service Tax Zones

The Narcotics Commissioner

Directorate of Publicity & Public Relations

Sub:  Disciplinary Authority - clarification regarding.

 

            Attention is invited to Board's order F.No. C-11016/2/2007-Ad.V dated 13.7.2010 conveying the orders of the President specifying   Disciplinary Authority, Appellate Authority and the Revisionary Authority  in respect of different  Groups of posts for proceedings held under the CCS(CCA) Rules, 1965 . In the said orders , while  earlier provisions  of Presidential Order C No. 11016/18/2002-Ad.V dated 1st August, 2002   relating to Gr 'C' and 'D' posts have  been retained as such, for  Gr B posts, which were hitherto governed by provisions of the Schedule to the CCS(CCA) Rules, 1965 and  other relevant provisions of the Rules, a separate Presidential order specifying the various authorities has been  issued for the first time .  

 

2.            A question has been raised whether an officer of the appropriate level can be designated as the Disciplinary Authority  for all officers of the specified Group in the entire Zone. It is  clarified that Jt. Commissioner/ Additional Commissioner /Commissioner  referred to therein  to function as Disciplinary Authority for Gr. C /erstwhile Gr. D and Gr. B officers respectively   are the   authorities  in the respective commissionerates  where the officer in respect of whom action under CCS(CCA) Rules, 1965 is contemplated/pending,  is working for the time being.   The Board has consistently held in the past that posting of the officer would determine the disciplinary authority. For example, in  Board's letter C 17013/3/76-Ad.V dated 20th April, 1977,  with a view to ensure that no action for suspension/issue of charge sheet is  taken by an authority other than the  competent authority, it was specified that  it must be  kept, inter-alia, in mind under whose charge the officer is working  at the time of suspension or issuing of the charge sheet etc.   In letter C.11016/64/79-Ad.V dated 29th December, 1979 , it was clarified after consulting DoPT and the Ministry of Law that when charge sheet was issued to the Inspector working  under charge of one Commissioner of Central Excise  and later  during the pendency of the proceedings , he was transferred under the charge of another Collector of Central Excise, the latter can pass the final order on the basis of the inquiry report  and he need not appoint a new Enquiry officer in the case.  In Board's letter A 11013/155/82-Ad.IV dated 14th January, 1983 read with C 16013/12/1987 -Ad.V dated 23rd October, 1987, it has been stated that one Dy. Collector in each Collectorate would be incharge of all personnel, Establishment, administration and vigilance matters  and such officer  alone would be the disciplinary authority for Gr. C and D officers.

 

3.    Therefore, if any arrangement different from one as clarified above exists in any Zone , the same shall be reviewed in the light of the aforesaid clarification. However, it is made clear that discussions action already taken in accordance with an extant alternate arrangement shall continue to be valid. 

 

4.      Where , however, a different authority is appointed as a common  Disciplinary Authority under Rule 18 of CCS(CCA) Rules, 1965, such authority shall function as the Disciplinary Authority notwithstanding the above general position.

 

   5.    In respect of officers on deputation, the borrowing authority can take action as per provisions of Rule 20 and 21 of CCS(CCA) Rules, 1965

 

           

Yours faithfully,

(Vijay Kumar)

Deputy Secretary to the Government of India