What is the category of employees who are within the jurisdiction of the CCA Rules

2. What is the category of employees who are within the jurisdiction of the CCA Rules? Applicability of CCA Rules is clarified in Rule 3 of the CCA Rules. [This is not being re-produced for the sake of brevity] Several autonomous bodies have adopted the rules applicable to the Government Servants and this includes the CCA Rules as well. Some organizations have their own rules for conducting disciplinary proceedings. Further, the provisions relating to borrowed and lent officers as contained in Rule 21 of the CCA Rules are relevant in the case of such officers. In addition to the provisions of Rule 3 of CCA Rules, the Hon’ble Supreme Court in its judgment in Union of India Vs. K S Subramanian has held that the Defence Civilians are not entitled for the protections under Article 311of the Constitution of India and consequently the CCA Rules 1965 also do not have application to the Defence Civilians. However, subsequently, the Apex Court in Director General of Ordnance Services Vs. P N Malhotra, 1995 Supp (3) SCC 226 upheld the dismissal of a defence civilian by following the procedure laid down in CCA Rules 1965. The position was clarified as under: 10. The learned counsel for the appellants submits that the respondent cannot be said to have suffered any prejudice by following the procedure prescribed by 1965 Rules. He submits that the said Rules are nothing but a codification of the principles of natural justice. Indeed, it is submitted, they are more specific, more elaborate and more beneficial to the employee than the broad principles of natural justice. If we assume for the sake of argument that the respondent was entitled to insist upon an enquiry before he could be dismissed, we must agree with the submission of the learned counsel for the appellants. …… 26 11. We must also mention that neither the Tribunal has stated - nor the respondent has suggested - that there are any other Rules applicable to disciplinary enquiries against such civilian employees which have not been followed - much less has it been stated that any such Rules are qualitatively different or more beneficial to the respondent. 12. The order under appeal shows, that though several grounds were raised in the original application filed by the respondent, the only point urged by his counsel at the time of arguments before the Tribunal was the one relating to inapplicability of the 1965 Rules. No other contention appears to have been urged. 13. In the circumstances, the appeal is allowed and the order of the Tribunal is set aside. The order dismissing the respondent as confirmed by the appellate order is restored. No costs. : From the above, it may be inferred that there can be no objection to the application of the inquiry procedure laid down in CCA Rules in such cases where no specific procedure under any statutory provision has been laid down. Further it must be ensured that no prejudice is caused to the individual by the application of CCA Rules. It must be understood that the inquiry procedure laid down in the CCA Rules is only a codification of the Principles of Natural Justice which seek to protect the interest of the delinquent.