Rule 24 — CCS (CCA) Rules
Original Rule Text
# 24. Appellate Authority
(1)A Government servant, including a person who has ceased to be in Government service, may prefer an appeal against all or any of the orders specified in Rule 23 to the authority specified in this behalf either in the Schedule or by a general or special order ofthe President or, where no such authority is specified-
( where such Government servant is or was a member of a Central Service, Group 'A' or Group '' or holder of: a Central Civil Post, Group A' or Group 'B'-
(a) to the appointing authority, where the order appealed against is made by an authority subordinate to it; or
(b) to the President where such order is made by any other authority;
(ii) where such Government servant is or was a member of a Central Civil Service, Group 'C' or Group D', or holder of a Central Civil Post, Group C or Group 'D', to the authority to which the authority making the order appealed against his immediately subordinate.
(2) Notwithstanding anything contained in sub-rule (1)-
0 an appeal against an order in a common proceeding held under Rule 18 shall lie to the authority to which the authority functioning as the disciplinary authority for the purpose oft that proceeding is immediately subordinate :
Provided that where such authority is subordinate to the President in respect of a Government servant for whom President is the appellate authority in terms of sub- clause
(b) of clause () of sub-rule (1), the appeal shall liet to the President.
(ii) where the person who made the order appealed against becomes, by virtue of his subsequent appointment or otherwise, the appellate authority in respect of such order, an appeal against such order shall lie to the authority to which such person is immediately subordinate.
(3) A Government servant may prefer an appeal against an order imposing any of the penalties specified in rule 11 to the President, where no such appeal lies to him under sub-rule (1) or sub-rule (2), if such penalty is imposed by any authority other than the President, on such Government servant in respect of his activities connected with his work as an office-bearer of an: association, federation or union, participating in the Joint Consultation and Compulsory Arbitration Scheme.
What This Means
Rule 24 answers a crucial practical question: once you decide to appeal, who do you appeal to? The answer depends on the employee's grade and on who made the order being appealed against. For Group A and Group B officers, the appeal goes either to the appointing authority (if the order was made by someone below the appointing authority) or directly to the President (if the order was made by the appointing authority or anyone above it). For Group C and Group D employees, the appeal goes one level up from the authority that made the order.
There are two important special situations. First, when a common proceeding has been held under Rule 18 — covering employees from multiple departments — the appeal lies to the authority immediately above the designated disciplinary authority for that common proceeding. If that means the appeal would ultimately go to the President for someone, it goes to the President. Second, if the person who originally made the order has since been promoted or posted as the appellate authority for that very order, they cannot hear their own appeal. The appeal then automatically shifts to the authority above that person.
A third and often forgotten provision: any employee — regardless of grade — can appeal to the President if the penalty was imposed by an authority other than the President in connection with their activities as an office-bearer of a recognised service association, federation, or union under the Joint Consultation and Compulsory Arbitration Scheme. This reflects the special status of service association representatives.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1Appellate authority depends on the grade of the employee and on who made the original order.
- 2Group A and B: appeal goes to the appointing authority or the President, depending on who made the order.
- 3Group C and D: appeal goes to the authority immediately above the one that made the order.
- 4In common proceedings (Rule 18), the appeal goes to the authority above the designated disciplinary authority for that proceeding.
- 5If the original authority has since become the appellate authority, the appeal moves one level further up.
- 6Office-bearers of service associations penalised for association-related activities can always appeal to the President, regardless of the normal hierarchy.
- 7The Schedule and Presidential orders may specify different appellate authorities for specific services — check those first.
Practical Example
Shri Vikas Gupta, a Deputy Secretary (Group A) in the Ministry of Agriculture, was awarded a major penalty of compulsory retirement by the Joint Secretary (Administration), who was functioning as the disciplinary authority. The appointing authority for Deputy Secretaries is the ACC (Appointments Committee of the Cabinet)/President. Since the order was made by an authority subordinate to the appointing authority, Vikas appealed to the appointing authority — in this case, the Secretary of the Ministry under delegated powers.
However, shortly after the order, the Joint Secretary (Administration) was promoted and posted as the Additional Secretary heading the very administration wing that would hear Vikas's appeal. In this situation, Rule 24(2)(ii) applied: since the person who made the order had become the appellate authority, the appeal shifted automatically to the Secretary, Ministry of Agriculture. Vikas re-routed his appeal to the Secretary and it was duly entertained.
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.