pension. He submits that a specific provision in the
CCS (Pension) Rules, 1972 as Rule 19 has been incorporated for people
like him. As this ... 19(2) of the CCS (Pension) Rules, 1972,
the applicant submits that he had exercised an option to follow Rule
19(1)(b) in order
CCS (CCA) Rules,
1965 is in nature of exception to the general Rules laid down in Rules
14-18 of CCS (CCA) Rules and thus ... CCS
(CCA) Rules by serving upon his show cause notice dated 27.09.2022
and this Court accordingly, holds that management had lawfully
invoked Rule 19
relevant for departmental inquiry in terms of Rule 19 CCS (CCA)
Rules 1965. Moreover, Rule 19 of CCS (CCA) Rules, 1965 is itself
clear that ... 19 CCS (CCA)
Rules, 1965 is in nature of exception to the general Rules laid down
in Rules 14 -18 of CCS (CCA) Rules
CCS (CCA) Rules, 1965 is on a different footings, as compared to application of Rule 9(1) of CCS (Pension) Rules, 1972. While Rule 19 ... CCS (CCA) Rules, 1965 and Rule 9 (2)(a) of CCS (Pension) Rules, 1972 pertain to different stages of departmental proceedings. Provision under Rule 19
special provisions of the rule.
4
The rule 3(1)(e) of the CCS (CCA) Rules, 1965 provides that
where there are special provisions ... CCS (CCA) Rules, 1965 is applicable in
this case and the impugned show cause notice is in accordance
with the rule 19(1). He also
will not come
under Rule 16 of CCS (CC & A) Rule, 1965. In
Rule 19 (1) of the CCS (CC & A) Rules ... Constitution of India as well as Rule 14 of
the CCS (CCA) Rules 1965 as well as Rule 19 of the said rules.
After going
employer invoking provisions
of CCS (CCA) Rules, is not sustainable.
12. Relevant provision of Rule 19 of CCS CCA Rules reads as
under:-
"19 ... rule 19 (i): When action is taken under
Clause (a) of the second proviso to Art. 311 (2) of the
Constitution or Rule 19
been passed by resort to Rule 9 of the CCS Pension Rules, 1972. He
submits that Rule 19 of the CCS (CCA) Rules could ... interfere with the same.
16. Rule 9 of the Pension Rules and Rule 19 of the CCS (CCA) Rules both
provide for imposition of punishment
important role while deciding the
penalty to be imposed under Rule 19 of
CCS (CCA) Rules afier conviction of
1
Government servant ... perfectly
justified. by "virtue cxf the
provisions of Rule 19(1) of CCS
(CCA) Rules. The grounds raised in
E
OA are denied
cannot over
overturn the
restriction of invoking Rule 9 of the CCS (Pension
(Pension) Rules,
1972 ('Rules, 1972' for short) within four years ... orders under Rule 19 (i)
of the CCS (CCA) Rules, or Rule 9 of the Pension Rules - as the
case may be, the conviction
