Please read Rule 3 of CCS(CC&A) Rules

(1)       These rules shall apply to every Government servant including every civilian Government servant in the Defence Services, but shall not apply to –

(a)        any railway servant, as defined in Rule 102 of Volume I of the Indian Railways Establishment Code,

(b)        any member of the All India Services,

(c)        any person in casual employment,

(d)        any person subject to discharge from service on less than one month's notice,

(e)        any person for whom special provision is made, in respect of matters covered by these rules, by or under any law for the time being in force or by or under any agreement entered into by or with the previous approval of the President before or after the commencement of these rules, in regard to matters covered by such special provisions.

(2)       Notwithstanding anything contained in sub-rule (1), the President may by order exclude any Group of Government servants from the operation of all or any of these rules.

(1)                    Persons to whom not applicable – 

In exercise of the powers conferred by sub-rule (2) of rule 3 of the Central Civil Services (Classification, Control and Appeal) Rules, 1957 (now 1965), the President hereby directs that the following classes of Government servants shall be wholly excluded from the operation of the said rules, namely :-

MINISTRY OF EXTERNAL AFFAIRS

Locally recruited staff in Missions abroad.

MINSITRY OF COMMUNICATIONS

(Posts and Telegraphs Department)

(i)         Extra-Departmental Agents

(ii)        Monthly-rated staff paid from contingencies other than those brought on to regular establishment.

(iii)       Monthly-rated work-charged and other employees not on regular establishment.

(iv)       Daily-rated staff paid from contingencies.

(v)        Daily-rated workmen paid by the day, week, month, etc.

(vi)       All hot weather and monsoon establishment.

(vii)      Non-departmental telegraphic and telephone operators.

[M.H.A. Notification No. S.R.O. 609, dated the 28^th February, 1957].

MINISTRY OF HOME AFFAIRS

Police Officers up to the rank of Inspector of Police in Delhi Special Police Establishment.

[M.H.A., Notification No. F.7/24/61-Ests. (A), dated the 15^th December, 1961].

MINISTRY OF URBAN DEVELOPMENT

 The President’s Garden Establishment and Estate Office.

[M.H.A., Notification No. 7/5/1959-Ests. (A) dated the 25^th May, 1959 as amended by Notification No. 11012/19/84-Estt. (A), dated 28^th July, 1986].

MINISTRY OF TOURISM AND CIVIL AVIATION AND MINISTRY OF SHIPPING AND TRANSPORT

(i)         Locally recruited staff in Tourist Offices abroad.

(ii)        Work-charged personnel of the Mangalore Projects and the Tuticorin Harbour Projects.

[M.H.A., Notification No. 7/1/66-Ests. (A), dated the 11^th April, 1966].

(3)        Notwithstanding anything contained in sub-rule (1), or the Indian Railways Establishment Code, these rules shall apply to every Government servant temporarily transferred to a Service or post coming within Exception (a) or (e) in sub-rule (1), to whom, but for such transfer, these rules would apply.

(4)        If any doubt arises, -

(a)        whether these rules or any of them apply to any person, or

(b)            whether any person to whom these rules apply belongs a particular Service,

the matter shall be referred to the President who shall decide the same.

All disciplinary proceedings against all Civilians in Defenc eare conducted as per CCS(CC&A) Rules.

I hope this clarifies your anxiety.

Dear Sir,

I understand that CCS Applies, however, there is no authorative decision of any costitutional court that  CCS Rules applies to civilian in defence services as there is a clear bar for its applicability 

I mean Art 309 should be read subject to other provisions of constitution namely Art 310/311.

please note that CCS rules are made taking the aid of Art 309 .

please reclarify me by taking the aid of new points.

Regards,

Ravi

What is your query and how are you related to CCS(CC&A) Rules in Defnece service.

Courts are entertaining greivance sof Defence civilians arising out of non-application of CCS(CC&A) Rule provisions and in case of violatin of the procedure are even setting aside penalties.

Dear Sir,

whereas, in my own case, even Supreme court  could not do the justice as they have said that CCS rules and art 311 are not applies to any civilian in defence services.

Regards,

Ravi

send pm with details of case

Dear Sir,

I shall send you all  proceedings copiesI mean judicial orders to your personal email

please send your personal mail and phone number please

Regards,

I do not declare PM on open forum.  Send me PM through LCI.

sampige_huve@rediffmail.com

I cn visualise the reasons for your problme. I will be happy to discuss you problem please send me PM through LCI and only then I will share my mail ID.