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Central Civil Services (Classification, Control and Appeal) Rules, 1965 - Page: 6 of 6
Revision & Review (PART VIII) - Revision (Rule 29)
Notwithstanding anything contained in these rules:
the President or
the Comptroller and Auditor-General, in the case of Central Government servant serving the Indian Audit and Accounts Department, or
the Member(Administration), Posts and Telegraphs in the case of a Government servant serving in or under the Posts and Telegraphs Board, or
the head of the department directly under the Central Government, in the case of a Government servant the department or office (not being the Secretariat or the Posts and Telegraphs Board), under the control of such head of department, or
the appellate authority, within six months of the date of the order proposed to be revised, or
any other authority specified in this behalf by the President by a general or special order, and within such time as may be prescribed in such general or special order.
may at any time, either on his or its own motion or otherwise call for the records of any inquiry and revise any order made under these rules or under the rules repealed by Rule 34 from which an appeal is allowed, but from which no appeal is preferred or from which no appeal is allowed, after consultation with the Commission where such consulation is necessary, and may-
confirm, modify or set aside the order; or
confirm, reduce, enhance or set aside the penlalty imposed by or by the order, or impose any penalty where no penalty has been imposed; or
remit the case to the authority which made the order or to any other authority directing such authority to make such further enquiry as it may consider proper in the circumstances of the case; or
pass such order as it may deem fit
Provided that no order imposing or enhancing any penalty shall be made by any revising authority unless the Government servant concerned has been given a reasonable opportunity of making a representation against the penalty proposed and where it is proposed to impose any of the penalties specified in clauses (v) to (ix) of Rule 11 or to enhance the penalty imposed by the order sought to be reviewed to any of the penalties specified in those clauses, no such penalty shall be imposed except after an inquiry in the manner laid down in Rule 14 and except after consultation with the Commission where such consultation is necessary:
Provided further that no power of revision shall be exercised by the Comptroller and Auditor-General, the Member (Administration), the Posts and Telegraphs Board or the head of the department, as the case may be, unless-
the authority which made the order in appeal, or
the authority to which an appeal would lie, where no appeal has been preferred, is subordinate to him.
No proceeding for revision shall be commenced until after-
the expiry of the period of limitation for an appeal, or
the disposal of the appeal, where any such appeal has been preferred.
An application for revision shall be dealt with in the same manner as if it were an appeal under these rules.
Review (Rule 29-A)
The President may, at any time, either on his own motion or otherwise, review any order passed under these rules, when any new material or evidence which could not be produced or was not available at the time of passing, the order under review and which has the effect of changing the nature of the case, has come, or has been brought, to his notice:
Provided that no order imposing or enhancing any penalty shall be made by the President unless the Government servant concerned has been given a reasonable opportunity of making a representation against the penalty proposed or where it is proposed to impose any of the major penalties specified in Rule 11 or to enhance the minor penalty imposed by the order sought to be reviewed to any of the major penalties and if the inquiry under Rule No. 14 has not already been held in the case, no such penalty shall be imposed except after inquiring in the manner laid down in Rule 14, subject to the provisions of Rule 19, and except after consultation with the Commission where such consultation is necessary.
Miscellaneous - Part IX
Service of orders,notices etc. (Rule 30)
Every order, notice and other process made or issued under these rules shall be served in person on the Government servant concerned or communicated to him by registered post.
Power to relax time-limit and to condone delay (Rule 31)
Save as otherwise expressly provided in these rules, the authority competent under these rules to make any order may, for good and sufficient reasons or if sufficient cause is shown, extend the time specified in these rules for anything required to be done under these rules or condone the delay.
Supply of copy of Commission's advice (Rule 32)
Whenever the commission is consulted as provided in these rules, a copy of the advice by the Commission and where such advice has not been accepted, also a brief statement of the reasons for such non-acceptance, shall be furnished to the Government servant concerned along with a copy of the order passed in the case, by the authority making the order.
Transitory provisions (Rule 33)
On from the commencement of these rules, and until the publication of the schedules to the Centrtal Civil Services (Classification, Control and Appeal) Rules, 1957 and the Civilians in Defence Services (Classification, Control and Appeal) Rules, 1952, as amended from time to time, shall be deemed to be the Schedules relating to the respective categories of Government servants to whom they are, immediately before the commencement of these rules, applicable and such Schedules shall be deemed to be the Schedules referred to in the corresponding rules of these rules.
Repeal and Savingh [Rule 34]
Subject to the provisions of Rule 33, the Central Civil Services Classificaton Control and Appeal)Rules, 1957, and the Civilians in Defence Services (Classification, Control and Appeal) Rules, 1952, and any notifications or orders issued thereunder in so far as they are inconsistent with these rules, are hereby repealed:
Provided that-
such notification shall not affect the previous operation of the said rules, or any notification or order made, or anything done, or any action taken, thereunder;
any proceedings under these rules, pending at the commencement of these rules shall be continued and disposed of, as far as may be, in accordance with the provisions of these rules, as if such proceedings were proceedins under these rules.
Nothing in these rules shall be construed as depriving any person to whom these rules apply, of any right of appeal which had accrued to him under these rules, notification or orders before the commencement of these rules.
An appeal pending at the commencement of these rules against an order made before the commencement shall be considered and orders thereon shall be made, in accordance with these rules as if such orders were made and the appeals were preferred under these rules.
As from the commencement of these rules any appeal or application for review against any orders made before such commencement shall be preferred or made under these rules, as if such orders were made under these rules;
Provided that nothing in these rules shall be construed as reducing any period of limitation for any appeal or review provided by any rule in force before the commencement of these rules.
Removal of doubts (Rule 35)
If any doubt arises as to the interpretation of any of the provisions of these rules, the matter shall be referred to the President or such other authority as may be specified by the President by general or special order, and the President or such other authority shall decide the same.
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