Section 16(1) in Central Civil Services (Classification, Control & Appeal) Rules, 1965
(1)Subject to the provisions of [sub-rule (5)] [Substituted 'sub-rule (3)' by Notification No. G.S.R. 769(E), dated 31.10.2014] of rule 15, no order imposing on a Government servant any of the penalties specified in clause (i) to (iv) of rule 11 shall be made except after-(a)informing the Government servant in writing of the proposal to take action against him and of the imputations of misconduct or misbehaviour on which it is proposed to be taken, and giving him reasonable opportunity of making such representation as he may wish to make against the proposal;(b)holding an inquiry in the manner laid down in [sub-rules (3) to (24) of rule 14] [Substituted 'sub-rules (3) to (23) of rule 14' by Notification No. G.S.R. 548(E), dated 2.6.2017.], in every case in which the disciplinary authority is of the opinion that such inquiry is necessary;(c)taking the representation, if any, submitted by the Government servant under clause (a) and the record of inquiry, if any, held under clause (b) into consideration;(d)[ consulting the Commission where such consultation is necessary. The Disciplinary Authority shall forward or cause to be forwarded a copy of the advice of the Commission to the Government servant, who shall be required to submit, if he so desires, his written representation or submission on the advice of the Commission, to the Disciplinary Authority within fifteen days; and [Substituted by Notification No. G.S.R. 769(E), dated 31.10.2014](e)recording a finding on each imputation or misconduct or misbehavior.](1-A) Notwithstanding anything contained in clause (b) of sub-rule (1), if in a case it is proposed after considering the representation, if any, made by the Government servant under clause (a) of that sub-rule, to withhold increments of pay and such withholding of increments is likely to affect adversely the amount of pension payable to the Government servant or to withhold increments of pay for a period exceeding three years or to withhold increments of pay with cumulative effect for any period, an inquiry shall be held in the manner laid down in [sub-rules (3) to (24) of rule 14] [Substituted 'sub-rules (3) to (23) of rule 14' by Notification No. G.S.R. 548(E), dated 2.6.2017.], before making any order imposing on the Government servant any such penalty.
