PROCEDURE TO BE FOLLOWED UNDER RULE 8(20) OF THE AIS(D&A) RULES
PROCEDURE TO BE FOLLOWED UNDER RULE 8(20) OF THE AIS(D&A) RULES
1. I am directed to forward herewith a copy of this Department’s Office Memorandum No. 11012/18/77—Ests(A), dated the 2nd September, 1978 and to state that rule 14(19) of C.C.S. (C.C. & A) Rules, 1965 corresponds to sub rule (20) of rule 8 of the All India Services (Discipline and Appeal) Rules, 1969.
2. The clarification contained therein may please be brought to the notice of all concerned. With regard to its application in respect of sub-rule (20) of rule 8 of the AIS (D&A) Rules, 1969. [Letter No. 11018/19/78—AIS (III), dated 15th January, 1979.] Office Memorandum No. 11012/18/77—Est(A), dated 2nd September, 1978. SUBJECT: CCS (CCA) Rules, 1965—Procedure to be followed under rule 14(19) thereof.
1. The undersigned is directed to say that according to rule 14(19) of the CCS (CCA) Rules, 1965 the inquiring authority may, after the completion of the production of evidence, hear the Presenting Officer, if any appointed, and the Government servant or permit them to file written briefs of their respective cases, if they so desire. With reference to this rule, a question has been raised whether the written brief filed by the Presenting Officer should be made available to the accused Government Servant before he files his own written brief. The matter has been examined in consultation with the Ministry of Law and the position is explained in the succeeding paragraph.
2. It will be seen from the phraseology of rule 14(19) that the inquiring authority has to hear arguments that may be advanced by the parties after their evidence has been closed. But he can, on his own or on the desire of the parties, take written briefs. In case he exercises the discretion of taking written briefs, it will be but fair that he should first 312 take the brief from the Presenting Officer, supply a copy of the same to the Government Servant and then take the reply brief from the Government Servant. In case the copy of the brief of the Presenting Officer is not given to the Government Servant, it will be like hearing arguments of the Presenting Officer at the back of the Government servant. In this connection, attention is also invited to the judgment of the Calcutta High Court in the case of Collector of Customs Vs. Mohd Habibul (SLR 1973 (1) Calcutta, 321) in which it is laid down that the requirement of rule 14(19) of the CCS (CCA) Rules, 1965 and the principles of natural justice demanded that the delinquent officer should be served with a copy of the written brief filed by the Presenting Officer before he is called upon to file his written brief.
3. Ministry of Finance etc., are requested to bring the above clarification to the notice of all concerned authorities under their control.