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ambrish (middle management)     12 November 2009

applicability of instruction no 9 of rule 15

Do u no about any thing called GOI instruction no. 9 of rule 15 of CCS (CCA) rules.

(9) Reasons for cancellation of original charge-sheet to be mentioned if for issuing a fresh charge-sheet : It is clarified that once the proceedings initiated under rule 14 or 16 of the CCS (CCA) Rules 1965 are dropped, the disciplinary authority would be debarred from initiating fresh proceedings against the delinquent officers unless the reasons for the cancellation of the original charge-sheet or for dropping the proceedings are appropriately mentioned and it is duly stated in the orders that the proceedings were being dropped without prejudice to further action which may be considered in the circumstances of the case. It is therefore important that when the intention is to issue a subsequent fresh charge-sheet, the order of canceling the original one or dropping the proceedings should be carefully worded so as to mention the reasons for an action and indicating the intention of issuing a subsequent charge-sheet appropriate to the nature of charges the same was based on


[ D.G. P& T's letter no. 114/324/78-Disc.II, dated the 5th July 1979]

One of friend was chargsheeted in 2000 & after 6 monthes same was quashed without reservation. After three years due to bias of some authorities it was reopened. It was revived by the same authority who quashed charge sheet

In my friend s case a fresh chrgesheet was issued on issued under above mentioned rule. But it is an internal document of POST & TELEGRAPH Department

I had filed an RTI application for this information & was replied that the said instruction is never issued by them.

tried here also : https://www.persmin.nic.in/EmployeesC...stotal1.htm#01

https://persmin.nic.in/EmployeesCorne.../contents2.htm

It is called GOI instruction no. 9 of rule 15 but couldnt find any reference in this regard

I wanted to confirm whether it is applicable for all central government dept.s or not.  Kindly guide

regards



Learning

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