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Section 29A in Central Civil Services (Classification, Control & Appeal) Rules, 1965
29A. Review.
The President may, at any time, either on his own motion or otherwise review any order passed under these rules, when any new material or evidence which could not be produced or was not available at the time of passing the order under review and which has the effect of changing the nature of the case, has come, or has been brought, to his notice:Provided that no order imposing or enhancing any penalty shall be made by the President unless the Government servant concerned has been given a reasonable opportunity of making a representation against the penalty proposed or where it is proposed to impose any of the major penalties specified in rule 11 or to enhance the minor penalty imposed by the order sought to be reviewed to any of the major penalties and if an enquiry under rule 14 has not already been held in the case, no such penalty shall be imposed except after inquiring in the manner laid down in rule 14, subject to the provisions of rule 19, and except after consultation with the Commission where such consultation is necessary [and the Government servant has been given an opportunity of representing against the advice of the Commission.] [Added by Notification No. G.S.R. 769(E), dated 31.10.2014][within the time limit specified in clause (b) of the sub-rule (3) of rule 15] [Inserted by Notification No. G.S.R. 548(E), dated 2.6.2017.]| Government of India's orders/decisions6 |
| Government of India's Instructions.(1) President's power of review under Rule 29 -Attention is invited to this Department Notification of even number dated the 6th August, 1981 amending Rule 29 of the CCS (CCA) Rules, 1965, and introducing Rule 29-A therein. The amendment has been necessitated by the judgment of the Delhi High Court in the case of Shri R.K.Gupta Vs. Union of India and another (Civil Writ Petition Nos. 196 of 1978 and 322 of 1979) in which the High Court has held that under Rule 29 of the CCS (CCA) Rules, 1965 -(1) the President has power to review any order under the CCS (CCA) Rules, 1965 including an order of exoneration, and(2) the aforesaid power of review is in the nature of revisionary power and not in the nature of reviewing one's own order.The matter has been examined in consultation with the Ministry of Law who has observed that the judgment of the Delhi High Court would indicate that the President cannot exercise his revisionary powers in a case in which the power had already been exercised after full consideration of the facts and circumstances of the case. There is, however, no objection to providing for a review by the President of an order passed by him earlier in revision if some new fact or material having the nature of changing the entire complexion of the case comes to his notice later. Accordingly, Rule 29-A, has been introduced specifying the power of the President to make a review of any order passed earlier, including an order passed in revision under Rule 29, when any new fact or material which has the effect of changing the nature of the case comes to his notice. If may also be noted that while the President and other authorities enumerated in Rule 29 of the CCS (CCA) Rules, 1965 exercise the power of revision under that rule, the power of review under Rule 29-A is vested in the President only and not in any other authority. With the amendment of Rule 29 and the introduction Rule 29-A, the heading of Part VIII of the CCS (CCA) Rules, 1965 has also been appropriately changed as "Revision and Review".[MHA, (D/o P&AR) OM No. 11012/1/80-Ests.(A) dated the 3rd September, 1981]. |