Rule 2 — CCS (CCA) Rules
Original Rule Text
2. Interpretation
In these rules, unless the context otherwise requires, -
(a)"appointing authority", in relation to: a Government servant, means - 0 the authority empowered to make appointments to the Service of which the Government servant is for the time being a member or to the grade of the Service in which the Government servant is for the time being included, or
(ii) the authority empowered to make appointments to the post which the Government servant for the: time being holds, or
(iii) the authority which appointed the Government servant to such Service, grade or post, as the case may be, or
(iv) where the Government servant having been a permanent member of any other: Service or. having: substantively held any other permanent post, has been in continuous employment of the Government, the authority which appointed him to that Service or to any grade in that Service or to that post, whichever: authority is the highest authority;
(b)"cadre authority", in relation to a Service, has the same meaning as in the rules regulating that Service;
(c) "Central Civil Service and Central Civil post" includes a civilian Service or civilian post, as the case may be, of the corresponding Group in the Defence Services;
(d) "Commission" means the Union Public Service Lommission;
(e) "Defence Services" means services under the Government of India in the Ministry of Defence, paid out oft the Defence Services Estimates, and not: subject to the Army Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957) and the Air Force Act, 1950 (45 of: 1950);
- "Department of the Government of India" means any establishment or organization declared by the President by a notification in the Official Gazette to be a department ofthe Government of India;
(g) disciplinaryautthority" means the authority competent under these rules to impose on a Government servant any of the penalties: specified in Rule 11;
(h) "Government servant" means a person who -
0 is a member of a Service or holds a civil post under the Union, and includes any such person on foreign service or whose services are temporarily placed at the disposal of a State Government, or a local or other: authority;
What This Means
Rule 2 is the definitions section. It gives precise legal meanings to key terms used throughout the rules. Understanding these definitions is essential because the rights and obligations of a government servant depend heavily on who qualifies as the 'appointing authority', 'disciplinary authority', 'government servant', or 'head of department'.
The 'appointing authority' is defined broadly — it can be the authority that made the appointment to the service, the grade, or the post, whichever is the highest. The 'disciplinary authority' is the authority competent to impose penalties under Rule 11. A 'Government servant' includes not just regular central government employees but also those on deputation to state governments or local authorities, as well as state government employees whose services are temporarily placed with the Central Government. The 'Commission' refers to the Union Public Service Commission, which has a consultation role in certain disciplinary matters.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1Appointing authority: the highest of the authority that appointed the servant to the service, grade, or post
- 2Disciplinary authority: the authority empowered to impose penalties listed in Rule 11
- 3Government servant: includes persons on deputation to state/local bodies and state servants on central deputation
- 4Commission: means the Union Public Service Commission (UPSC)
- 5Head of department and head of office are defined separately for the purpose of appointing, disciplinary, and appellate powers
- 6Defence Services civilian employees are included within the definition of Central Civil Service
Practical Example
Rajesh Kumar is a Section Officer in the Central Secretariat Service. He is currently on deputation to a State Government of Maharashtra. Even while on deputation, he remains a 'Government servant' under Rule 2(h) and the disciplinary jurisdiction of the Central Government continues over him.
If disciplinary action is to be initiated against him for misconduct during his deputation period, the Central Government's appointing authority (as defined in Rule 2(a)) would be the competent authority, not Maharashtra state. This definition also protects Rajesh — he cannot be penalised by the state government using its own disciplinary rules; the Central Government's rules apply.
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.