cases relating to sub-letting of Government Accommodation

10. What about the cases relating to sub-letting of Government Accommodation? Based on the following observation of the Hon’ble Supreme Court in its order dated 29.11.1996 in Writ Petition No. 585/94 (S.S.Tiwari Vs. UOI & Others), the Government has issued instructions [DOPT OM No. 11012/2/97-Estt.(A), dated 31.12.1997] for initiating proceedings against the erring Government Servants. However it must be observed that in these types of cases only the findings of the complaints committee are 31 binding and the proceedings under CCA Rules are required to be carried out: It is, therefore, obligatory for the disciplinary authority of the department concerned to initiate disciplinary proceedings against concerned Government servant under Rule 14 of the CCS (CCA) Rules, 1965. As soon as the allotment is cancelled by the Directorate of Estate on the ground of sub-letting, the disciplinary authority of the Department concern shall initiate disciplinary proceedings against the Government servant concerned. The findings of the Directorate of Estates regarding sub-letting shall be binding on the disciplinary authority for the purpose of initiating the disciplinary proceedings. Once the disciplinary proceedings are initiated, the procedure laid down under the CCS (CCA) Rules shall take its own course. Since the disciplinary proceedings in such cases would be initiated on a charge of grave misconduct, the competent authority may consider placing the delinquent Government servant under suspension."