F.No.C- 11016/2/2007-Ad.V

Government of India

Ministry of Finance

Department of Revenue

Central Board of Excise & Customs

(Ad. V Section)

6^th Floor, C-Wing, Hudco Vishala Bldg,

Bhikaji Cama Place, New Delhi.

Date the 18^th April, 2011.

To

All Director Generals

All Chief Commissioners of Customs, Central Excise & Service Tax Zones

The Narcotics Commissioner

Directorate of Publicity & Public Relations

Sub: Disciplinary Authority – clarification regarding.

Attention is invited to Board’s order F.No. C-11016/2/2007-Ad.V dated 13.7.2010 conveying the orders of the President specifying Disciplinary Authority, Appellate Authority and the Revisionary Authority in respect of different Groups of posts for proceedings held under the CCS(CCA) Rules, 1965 . In the said orders , while earlier provisions of Presidential Order C No. 11016/18/2002-Ad.V dated 1^st August, 2002 relating to Gr ‘C’ and ‘D’ posts have been retained as such, for Gr B posts, which were hitherto governed by provisions of the Schedule to the CCS(CCA) Rules, 1965 and other relevant provisions of the Rules, a separate Presidential order specifying the various authorities has been issued for the first time .

2. A question has been raised whether an officer of the appropriate level can be designated as the Disciplinary Authority for all officers of the specified Group in the entire Zone. It is clarified that Jt. Commissioner/ Additional Commissioner /Commissioner referred to therein to function as Disciplinary Authority for Gr. C /erstwhile Gr. D and Gr. B officers respectively are the authorities in the respective commissionerates where the officer in respect of whom action under CCS(CCA) Rules, 1965 is contemplated/pending, is working for the time being. The Board has consistently held in the past that posting of the officer would determine the disciplinary authority. For example, in Board’s letter C 17013/3/76-Ad.V dated 20^th April, 1977, with a view to ensure that no action for suspension/issue of charge sheet is taken by an authority other than the competent authority, it was specified that it must be kept, inter-alia, in mind under whose charge the officer is working at the time of suspension or issuing of the charge sheet etc. In letter C.11016/64/79-Ad.V dated 29^th December, 1979 , it was clarified after consulting DoPT and the Ministry of Law that when charge sheet was issued to the Inspector working under charge of one Commissioner of Central Excise and later during the pendency of the proceedings , he was transferred under the charge of another Collector of Central Excise, the latter can pass the final order on the basis of the inquiry report and he need not appoint a new Enquiry officer in the case. In Board’s letter A 11013/155/82-Ad.IV dated 14^th January, 1983 read with C 16013/12/1987 –Ad.V dated 23^rd October, 1987, it has been stated that one Dy. Collector in each Collectorate would be incharge of all personnel, Establishment, administration and vigilance matters and such officer alone would be the disciplinary authority for Gr. C and D officers.

3. Therefore, if any arrangement different from one as clarified above exists in any Zone , the same shall be reviewed in the light of the aforesaid clarification. However, it is made clear that discussions action already taken in accordance with an extant alternate arrangement shall continue to be valid.

4. Where , however, a different authority is appointed as a common Disciplinary Authority under Rule 18 of CCS(CCA) Rules, 1965, such authority shall function as the Disciplinary Authority notwithstanding the above general position.

5. In respect of officers on deputation, the borrowing authority can take action as per provisions of Rule 20 and 21 of CCS(CCA) Rules, 1965

Yours faithfully,

(Vijay Kumar)

Deputy Secretary to the Government of India