CCS (Revised Pay) Rules,
2008 (hereinafter referred to as "CCS Rules"), the Central Government
serving employees were entitled to give an option stating ... system of pay bands
and grade pays introduced pursuant to the CCS Rules, representations
were made to the Government by various Government servants who were
under Rule 9(1) of the Pension Rules read
with Rule 19(1) of the CCS (CCA) Rules, proposing to withdraw his
pension and gratuity ... have been issued under Rule 9 (1) and not under Rule 9 (2)
of the CCS (Pension) Rules.
22. On this aspect, learned counsels
under Rule 9(1) of the Pension Rules read
with Rule 19(1) of the CCS (CCA) Rules, proposing to withdraw his
pension and gratuity ... have been issued under Rule 9 (1) and not under Rule 9 (2)
of the CCS (Pension) Rules.
22. On this aspect, learned counsels
Rules and the CVO NII
recommended dropping of the charge memo under Rule 16 and
issuance of Charge Sheet under Rule 14 of the CCS ... Rules for violating Rules 15, 16 and 18 of CCS (Conduct)
Rules, 1964.
d. A Fact Finding Committee was constituted by the Governing
Body
CCS (CCA) Rules, and not
in the RRs, which were concerned with recruitment. Rule 57 of the
CCS (CCA) Rules stipulates that the Central Civil ... provisions of sub-rule (1), but subject to the provisions of sub-rule (4), any
of the penalties specified in Rule 11 may be imposed
Allowance, CCS Rules or Rule
2(c) of the Instructions under FR 53 whereas, no such Rule 2(c) exists
under the CCS Rules ... Instruction to a Rule must be read in
harmony with the substantive Rule so as to further the object of the Rule
and not frustrate
charge sheet, and therefore such institution is not
permissible under the rules.
50. Reliance is also placed on Regulation 56 of Pension
Regulations to contend ... Central
Civil Service Rules, 1972 ('CCS Rules', for short). Rule 9 of the
CCS Rules which is analogous to Regulation
constitutionality of Rule 135 (1)(a) of the R&AW (RCS)
Rules or declare that the rule invoked is void, since it
operates ... indisciplined manner, it would have been
proper to invoke the conduct rules (CCS (CCA) Rules)
for taking action against her. Merely because in matters
counsel for the
petitioners that as per Rule 49 of the CCS (Pension) Rules, 1972
(hereinafter referred to as „the Rules‟) the amount of pension ... which is in accordance with the Rule 49(2)(a) of
CCS(Pension) Rules. Relevant formula mentioned in the counter
affidavit filed on behalf
Date:02.09.2021
15:13:53
accordance with Rule 5 of the CCS Rules as the said option was
available only to persons who were already ... purposes of exercising the option under Rule 5 of the CCS Rules.
In the light of the above, the decision of the respondent in
treating
