COMMUNICATING TENTATIVE REASONS FOR DISAGREEMENT UNDER RULE 15(2) OF THE CCS (CCA) RULES, 1965

F.No.11012/12/2010-Estt. (A)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)

North Block,
New Delhi
Dated the 12th November, 2010

OFFICE MEMORANDUM

Subject: Communicating tentative reasons for disagreement under rule 15(2) of the CCS (CCA) Rules, 1965.

The undersigned is directed to say that rule 15(2) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 states that 'The Disciplinary Authority shall forward or cause to be forwarded a copy of the report of the inquiry, if any, held by 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 Inquiry 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.

2. The necessity of following the aforementioned rule 15(2) both in letter and spirit is reiterated. The communication forwarding the I0's report alongwith the 7 tentative reasons for disagreement, if any, seeking comments / representation of the Charged officer should reflect this position. All Ministries / Departments are, therefore, requested to ensure that the communication forwarding 'the I0's report etc. does not contain phrases such as 'Article of charge is fully proved' or 'Article of charge is fully substantiated' which could be construed to mean that the disciplinary authority is biased even before considering the representation of the charged officer and this would be against the letter and spirit of the CCS (CCA) Rules, 1965.

3. Ministry of Finance etc. may bring the contents of the above OM to the notice of all concerned.
Sd/-
(A. Balaram)

GUIDANCE ABOUT POST MASTER CADRE

Members from various divisions are seeking guidance about PM cadre. Some of them are in puzzle about furnishing option etc. Circle union will provide guidance to any member even on telephone talk. Some divisions are requesting staff meeting on the issue. We are ready for holding such meetings. However it is to put forward that the orders relating to this subject are not complicated.

Brief highlights of the orders are as under.

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1 Post of PM cadre will be initially filled up only among the officials working on the post of Norm Based LSG, HSG II or HSG I.
2 On opting PM cadre, official working as regular LSG SPM would be designated as PM Gr I the same would be applicable for HSG II & HSG I and would be designated as PM Gr. II & PM Gr. II respectively.
3 Among some of the current post of LSG, HSG II & HSG I would convert in PM cadre and remaining will continue and will continue to be known as General line post of LSG, HSG II & HSG I.
4 Option will be asked from regular Norm Based LSG official for PM Gr. I post.
5 Option will be asked from regular Norm Based HSG II officials for PM Gr. II post.
6 Option will be asked from regular Norm Based HSG I officials for PM Gr. III post.
7 The process for furnishing option will start from 14-12-2010 and the last date for furnishing option is 15-01-2011.
8 Officials who are working in regular Norm Base either in LSG, HSG II, HSG I and who willing to work in SO or willing to work as PM in HO( present general line Norm Base HSG I ) should give option.
CONTANCT

Any member may contact Com. Mihir Gandhi D/S Kachchh Division ( APM Account ) Bhuj HO on – 98257-77771 for any questions and discussion.

Services of Sr. Com K B Barot Ex.Circle Secretary are also usefully available for such matters.