3. Armed Forces Headquarters Civil Service (Section Officer’s Grade)
Bilingual publication of Central Community Services Handbook
(Separation, Control & Transfer) Laws, 1965 were published in 1993.
A few provisions of the rules have been amended along with the amount
definitions are issued after that. Therefore, it has been decided
to bring the latest program.
However, this Booklet is intended to be the only guide to date
as the actual application of the Government orders mentioned below
Various rules are applicable, O.M appropriate. can be consulted.
appointing authority “, in relation to a public servant, means –
the delegated authority of the Service
A public servant is for a period of time as a member or degree of Service
which is a part-time Government employee appointed, or
the delegated authority of the Government
employee currently, though
an official designating an employee of the Public Service, a degree or
posts, as possible, or
where an employee has been a full member of any other employee
The service or the legal holding of any other permanent position, has entered
continuous employment of the State, mandated authority
that Service or at any distance in that Service or Post,
any authority with the highest authority;
cadre authority”, in relation to the Service Service, has the same meaning as in the legislature.
governing that Service;
“Central Public Service and Central Public Service” includes the Public Service or the public
the position, as the case may be, of the Associated Party in the Department of Defense;
(d) “Commission” means the Public Service Commission;
(e) “Security Services” means the services of the Indian government in the Department
Defense, which is paid by the Standards for Defense Services, and which is not under the Armed Forces
Act, 1950 (46 of 1950), the Navy Act, 1957 (62 of 1957) and the Air Force Act, 1950
(45 of 1950);
(f) “Department of Government of India” means any institution or organization
announced by the President by notice in the Official Gazette a
department of Government of India;
(g) “disciplinary authority” means the competent authority under these rules
to impose on an employee any penalties specified in Rule 11;
(h) “public servant” means a person –
(i) is a member of the Unit or holds a public office within the Union, and includes any
the person working abroad or whose services are temporarily suspended
the dissolution of a State government, or a local authority or another;
ii) is a member of the Service or holds a public office under the National Government and their own
resources are temporarily placed in the hands of the Central Government;
iii) works for a place or other authority and its services are temporary
placed in Central Government;
(i) “head of department” for the purpose of exercising a power of appointment,
disciplinary action, appeal or review authority, means an official declared to be
head of department under the Basic and Supplementary Rules or
Public Service Regulations, as the case may be;
(j) “head of office” for the purpose of exercising a power of appointment,
disciplinary action, appeal or review authority, means an official declared to be
head of office under General Financial Laws;
(k) “Schedule” means the Schedule to these rules;
(l) “Secretary” means the Secretary of the Government of India to any Department or
Department, and includes-
(i) Special Secretary or Additional Secretary,
(ii) the Joint Secretary responsible for an independent department or departmental department,
(iii) in relation to the Office of the Cabinet Secretary, Cabinet Secretary,
These rules will apply to all employees, including all citizens
An employee of the Defense Department, but will not work in –
(a) any railway worker, as defined in Rule 102 of Volume I of Indian Railways
Inventory code,
(b) any member of All India Services,
(c) any person employed on a temporary basis,
(d) any person who may be dismissed with less than one month’s notice,
(e) any person to whom a special provision is provided, in respect of matters under discussion
these rules, by any law or under any law currently in force or under any law
an agreement entered into or with the prior approval of the President before or
after the implementation of these rules, in relation to the issues discussed by this special
provisions.
(2) Notwithstanding anything contained in subsection (1), the President may by order
does not include any Public Service Group in the performance of any or all of these functions
rules.
Except for anything contained in subsection (1), or Indian Railways
Establishment code, these rules will apply to all employees
temporarily transferred to the Service or post that comes within Exception (a) or (e) internally
subsection (1), to whom, but in such a transfer, these rules shall apply.
If doubts arise, –
whether these rules or any of them apply to any person, or
any person to whom these laws apply belongs to a particular Service,
the matter will be referred to the President who will make the same decision.
Department of Home Affairs OM No. 221/18/65-AVD, dated 7 September, 1965,
the attention of all the disciplinary authorities was drawn to the need for immediate dismissal of cases
Civil servants under suspension also wished, in particular, that the investigation into
such cases must be completed and the case-sheet filed in court, prosecution cases, or
issued to a public servant, in a departmental court case, within six months. I
The matter was reconsidered at a meeting of the National Council on January 27, 1971
and in modifying part of the previous instructions it has been determined that every effort should be consistent
cause him to file a lawsuit in court or to prosecute a public servant
the case may be within three months from the date of suspension, and in cases where it may not be
it is possible to do so, the disciplinary authority must report the matter to the next executive council
explaining the reasons for the delay.
[Cabinet plan. (Department of Labor) Memo. No. 39/39/70-Ests. (A) dated 4th February,
1971].
The government has already reduced the suspension period during the investigation, otherwise
special cases to be reported to the high court, from six to three months
months. It was determined that while the instructions contained in Office 4 Memorandum 4
February, 1971 will continue to work in relation to pending court cases
a period of suspension pending an investigation before the filing of a case in Court as
and in connection with the provision of a pay sheet to a public servant in departmental cases
trials, in cases other than those pending in the courts, a full term of suspension i.e., both
about investigations and disciplinary action should not exceed six months.
In rare cases where it is impossible to adhere to this time limit, disciplinary authority
must report the matter to the next chief executive officer, stating the reasons for the delay.
[Cabinet plan. (Department of Labor) OM No. 39/33/72-Est. (A) dated 16 December,
1972].
Despite the above-mentioned instructions, there have been cases in which the Government has recognized
workers continued to be unjustly suspended for a long time. Improperly suspended
while placing the affected employee in unnecessary hardship, including being paid a living wage
a government grant without the employee performing any other useful service to the Government. Icon,
therefore it emphasized to all relevant authorities that they should be careful to maintain it
the time limits set out in the Office Memorandum mentioned in the preceding paragraph and the review
suspension cases to determine whether continuous suspension in all cases is really necessary. I
Higher authorities than disciplinary officials should also pay close attention to cases
which is the delay that occurred and provided appropriate guidance to the retaining disciplinary authorities
refer to the provisions contained in the Office Memorandum mentioned above.
[Department of Labor and AR OM No. 11012/7/78-Ests. (A) dated 14th September, 1978].
Treasury Care etc. is invited to OM of Department No. 11012/7 / 78-
Est. (A) dated 14 September, 1978, when existing orders regarding suspension
Civil servants are included. On top of these guidelines are named
to inform the Department that Government employees are sometimes kept under suspension
long unfairly. Therefore, it is repeated that the provisions of the above
instructions on the matter of suspension of public servants and the action to be taken
after which it should be strictly followed. Therefore, the Department of Finance, etc. you can take what is right
the act of submitting the contents of the OM dated 14.09.1978, to the notice of all relevant authorities.
under their control, directing them to follow those instructions strictly.With regard to the payment of a subsistence allowance, the Department of Finance etc.
and request that you submit the contents of FR 53 to the specific notice of all subordinates
regulation, in particular to the provisions in the above-mentioned law regarding the need
review of the subsidy rate after a continuous suspension of more than 90 days, of
strict obedience.
An employee is also subject to suspension under the
jurisdiction in the circumstances referred to in rule 10 (2) of the above rules.Where an employee is suspended on suspicion, he or she has the right to appeal
statutory suspension order 23 (i) of CCS (CCA) Rules, 1965. This may mean
An employee suspended under suspension must know the reasons for his or her remuneration
on his suspension so that he could file an appeal. Where the Government
an employee is suspended on the grounds of disciplinary action against him or her
pending or case against him in connection with any criminal case is being investigated, investigated or
at trial, the order subject to suspension may contain the subject matter and
therefore he would have known the reasons that led to his suspension When an employee is suspended on the grounds of “contemplation”
disciplinary action, the existing instructions provide that every effort will be made to
complete cases, be charged by a public servant within three months from the date
suspension. If these instructions are strictly adhered to, a public servant is appointed
subject to suspension due to disciplinary proceedings will be known
reasons for his suspension without wasting much time. However, there may be other situations
which may not happen for one reason or another to issue a billing paper between the three
months from the date of suspension. In such cases, the reasons for the suspension should be
contact the relevant Public Service as soon as possible at the end of the above
the deadline for issuing a billing sheet, so that he is in a position to perform effectively
exercise the right of appeal contained in him under Act 23 (i) of the CCS (CCA) Rules, 1965, if
he desires so. When the reasons for the suspension are explained at the end of the time limit
limited to issuing a billing sheet, a time limit of forty-five days to lodge an appeal
must be calculated from the date on which the reasons for the suspension are stated.The decision contained in the preceding paragraph will not, however, apply
cases where an employee has been suspended for any reason
became involved in activities that jeopardized the security of the State
In the case of Ghanshyam Das Srivastava Vs. State of Madhya Pradesh (AIR 1973 SC 1183), the
The Supreme Court has seen that when a suspended public servant pleads with him
inability to attend the investigation due to financial constraints caused by non-payment
the living expenses for him the trial of the cases that will be prosecuted outside of him will be by
violation of the provisions of Section 311 (2) of the Constitution as the person concerned did not
get sufficient opportunity to respond to disciplinary proceedings.Subject to the above-mentioned judgment, it may be emphasized to all authorities
they are worried that they will have to pay maintenance to the Government on time
employees suspended under suspension to avoid financial hardship. It
it may be noted that, by its very nature, food money is meant to live
a suspended civil servant and his or her family at a time when they are not allowed to do anything
job and thus earn an income. Keeping this in mind, all concerned authorities should take it
Immediate steps to ensure that, after the employee has been placed under suspension, receive
livelihood without delay
One of the issues considered by the National Council (JCM) at its January 1977 meeting
it was a proposal by the Labor Party to appoint a public servant who is considered to be appointed
subject to suspension due to his detention or prosecution
must be paid full salary and suspension allowances upon release
in detention or release by the Court.During the interview, it was made clear to the Human Resources Department that the mere fact that a
A civil servant who is considered suspended, due to arrest or continuation
in connection with the charges against him, he was released from custody
prosecution or release by the Court will not qualify him for full payment again
grants because usually the withdrawal may be for technical reasons but the suspension may be
fully forgiven. However, the Staff Side was informed that if an employee is such
he was detained in a police cell by mistake or without basis and was later released on bail
any prosecution, in such cases the officer will be entitled to full payment and benefits.Thus it has been decided that in the case of an existing Public Servant
allegedly suspended under suspension for his accidental detention in a police cell
or without basis and thereafter released without trial of any persecution, i
The competent officer must exercise his discretion during the suspension of the suspension and reinstatement officer and upon reaching the conclusion that the suspension was complete.
inadequacies, full salaries and grants may be allowed.
