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Union of India - Section

Section 18 in Central Civil Services (Classification, Control & Appeal) Rules, 1965

18. Common Proceedings

(1)Where two or more Government servants are concerned in any case, the President or any other authority competent to impose the penalty of dismissal from service on all such Government servants may make an order directing that disciplinary action against all of them may be taken in a common proceeding.NOTE-If the authorities competent to impose the penalty of dismissal on such Government servants are different, an order for taking disciplinary action in a common proceeding may be made by the highest of such authorities with the consent of the others.
(2)Subject to the provisions of sub-rule (4) of rule 12, any such order shall specify-
(i)the authority which may function as the disciplinary authority for the purpose of such common proceeding;
(ii)the penalties specified in rule 11 which such disciplinary authority shall be competent to impose;
(iii)whether the procedure laid down in rule 14 and rule 15 or rule 16 shall be followed in the proceeding.
Government of India's orders/decisions6
Government of India's Instructions(1) Procedure of enquiry when two Government servants accuse each other :-In a recent case, two Government employees working in the same office made complaints against each other. The disciplinary authority initiated departmental proceedings against both the employees under Rule 18 of the CCS (CCA) Rules. The question whether it is legally permissible to enquire into the conduct of the accused and the accuser in one joint proceeding was examined in consultation with the Ministry of Law. Cross complaints arising out of the same or connected incident or transaction are not uncommon, and occur frequently in criminal cases. The Code of Criminal Procedure is silent with regard to the procedure to be adopted in such cases. The general principle as laid down by the Courts is that the accused in cross cases should be tried separately and that both the trials should be held simultaneously or in quick succession so as to avoid conflicting findings and different appraisal of the same evidence. On the analogy of the criminal law practice and procedure, a joint proceeding against the accused and accuser is an irregularity which should be avoided. This should be noted for future guidance.[G.I. MHA Letter No. 6/98/63-AVD dated the 13th June, 1963].