Rule 15 — CCS (CCA) Rules
Original Rule Text
# 15. Action on inquiry report
(1) The disciplinary authority, if it is not itself the inquiring authority may, for reasons to be recorded by it in writing, remit the case to the inquiring authority for further inquiry and report and the inquiring authority shall thereupon proceed to hold the further inquiry according to the provisions of Rule 14, as far as may be.
(2) The disciplinary authority shall forward or cause to be forwarded a copy of the report of the inquiry if any, held by the disciplinary authority or where the disciplinary authority is not the inquiring authority, a copy of the report of the inquiring authority together with its own tentative reasons for disagreement, if any, with the findings of inquiring authority on any article of charge to the Government servant who shall be required to submit, if he so desires, his written representation or submission to the disciplinary authority within fifteen days, irrespective of whether the report is favourable or not to the Government servant.
(3)
(a) In every case where it is necessary to consult the Commission, the Disciplinary Authority shall forward or cause to be forwarded to the Commission for its advice:
a copy of the report of the Inquiring Authority together with its own tentative reasons for disagreement, if any, with the findings of Inquiring Authority on any article of charge; and
(ii) comments of Disciplinary Authority on the representation of the Government servant on the Inquiry report and disagreement note, if any and all the case records of the inquiry proceedings.
(b) The Disciplinary Authority shall forward or cause to be forwarded a copy of the advice of the Commission received under clause
(a) to the Government servant, who shall be required to submit, if he so desires, his written representation or submission to the Disciplinary Authority within fifteen days, on the advice of the Commission.
()) The Disciplinary Authority shall consider the representation under sub- rule (2) and/or clause
(b) of sub-rule (3), if any, submitted by the Government servant and record its findings before proceedings further in the matter as specified in sub-rules (5) and (6).
(5) If the Disciplinary Authority having regard to its findings on all or any of the articles of charge is of the opinion that any of the penalties specified in clauses
What This Means
Rule 15 deals with the action taken by the disciplinary authority after the inquiry report is submitted by the Inquiring Authority. This is the stage where the disciplinary authority reviews the findings and decides the final penalty. The rule has a strong procedural requirement: the government servant must be given a copy of the inquiry report and must be given at least 15 days to submit written representations, regardless of whether the report is in their favour or against them.
If the case requires UPSC consultation (for certain categories of services), the disciplinary authority must forward the case — including the inquiry report, the disagreement note if any, and the government servant's representations — to the UPSC for advice. The government servant also gets to see the UPSC's advice and can respond to it. After considering all submissions, the disciplinary authority records its findings and then imposes the appropriate penalty or concludes the proceedings. Notably, if the disciplinary authority disagrees with any of the Inquiring Authority's findings, it must record specific reasons in writing.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1After inquiry, the government servant must receive a copy of the inquiry report and must be given 15 days to comment
- 2If UPSC consultation is required, the entire case file (inquiry report, disagreement note, government servant's representations) goes to UPSC
- 3Government servant receives UPSC's advice and can respond within 15 days
- 4Disciplinary authority must consider all representations before recording final findings
- 5If disciplinary authority disagrees with the Inquiring Authority's findings, it must record reasons for disagreement
- 6If only minor penalties are warranted after inquiry, they can be imposed under Rule 15(5) directly, bypassing Rule 16 process
Practical Example
The Inquiring Authority submits its report in the case of Deputy Secretary Pradeep Mishra (from the Rule 14 example) and finds that only Charge 1 is proved. The disciplinary authority receives the report and disagrees — it believes Charge 2 should also be held proved. The disciplinary authority sends Pradeep a copy of the inquiry report along with its own tentative reasons for disagreement. Pradeep has 15 days to comment on both the report and the disagreement note.
Since Pradeep is an IAS-equivalent Group A officer, the case requires UPSC consultation. The entire file — inquiry report, disagreement note, and Pradeep's representations — goes to UPSC. UPSC sends its advice. Pradeep again gets 15 days to respond to the UPSC advice. The disciplinary authority then considers everything and issues the final penalty order. This multi-stage process, while time-consuming, protects the officer's right to respond at every stage.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Frequently Asked Questions
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This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.