Rule 26 — CCS (CCA) Rules
Original Rule Text
26. Form and contents of appeal
(1) Every person preferring an appeal shall do so separately and in his own name.
(2) The appeal shall be presented to the authority to whom the appeal lies, a copy being forwarded by the appellant to the authority which made the order appealed against. It shall contain all material statements and arguments on which the appellant relies, shall not contain any disrespectful or imrrperr language, and shall be complete in itself.
(3) The authority which made the order appealed against shall, on receipt of a copy of the appeal, forward the same with its comments thereon together with the relevant records to the appellate authority without any: avoidable delay, and without waiting for any direction from the appellate authority.
What This Means
Rule 26 prescribes the form and content of an appeal — the procedural rules that must be followed when drafting and submitting an appeal. While the CCS (CCA) Rules do not prescribe a rigid paper format (unlike a court plaint), they lay down essential requirements to make the appeal proper and effective.
First, every appeal is personal — it must be preferred by the individual concerned, separately and in their own name. A group of employees cannot collectively sign a single appeal against their individual penalty orders. Second, the appeal must be submitted to the appellate authority with a copy sent to the authority that made the impugned order. Both submissions happen simultaneously — the appellant does not wait for any acknowledgement before sending the copy. Third, the content must be substantive: all material facts and legal arguments must be included in the appeal itself. An appeal that merely says 'the order is wrong' without specifying reasons will not receive a fair hearing on the merits. Fourth, the language must be respectful — no intemperate, disrespectful, or abusive language is permitted, regardless of how strongly the employee feels aggrieved.
Once the authority that made the order receives the copy of the appeal, it is under an obligation to forward the copy to the appellate authority along with its own comments and all relevant records, without avoidable delay and without waiting for any direction. This obligation on the lower authority is important because the appellate authority often cannot meaningfully consider the appeal without the original records.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1Each appeal must be preferred separately and in the individual employee's own name — joint or group appeals are not allowed.
- 2The appeal is submitted to the appellate authority; a copy must simultaneously be sent to the authority that made the order.
- 3The appeal must contain all material statements and arguments — it must be complete in itself.
- 4Disrespectful or improper language is prohibited; the appeal may be returned or dismissed on this ground.
- 5The authority that made the order must forward the copy to the appellate authority with its comments and all records, without avoidable delay.
- 6The lower authority cannot wait for a direction or reminder before forwarding records — it is an automatic duty.
- 7A well-drafted appeal should address the findings, the penalty, and any procedural violations by the disciplinary authority.
Practical Example
Shri Narendra Sharma, a Senior Section Officer, received a penalty order imposing a major penalty of reduction to a lower scale for two years. He approached his union, which drafted a single petition signed by Narendra and three other employees facing similar charges. The union representative submitted this joint petition as an appeal. The appellate authority returned the petition, pointing out that Rule 26(1) requires each employee to prefer an appeal separately and in their own name. Narendra was asked to file a fresh individual appeal.
Narendra then filed a proper individual appeal to the appellate authority (a copy to the imposing authority), setting out all the facts: that the inquiry was vitiated by procedural irregularities, that the findings were not warranted by the evidence, and that the penalty was disproportionate. The imposing authority, on receiving the copy, forwarded all records including the inquiry report and its own comments to the appellate authority within the week, without waiting for any reminder.
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.