‘Standing Orders’ Being Special Rules Will Override 'General' CCA Rules, 1965: Supreme Court
The Supreme Court held that the ‘Standing Orders’ being in the nature of special Rules will override any other general Rule including Central Civil Services (Classification, Control and Appeal) Rules, 1965 (CCA Rules).
The Court held thus in a batch of two appeals filed by the Union of India against the order of the Andhra Pradesh High Court that set aside the order of the Central Administrative Tribunal, Hyderabad (CAT) which had upheld the initiation of disciplinary proceedings against a workman under CCA Rules.
The three-Judge Bench comprising Justice S.K. Kaul, Justice C.T. Ravikumar, and Justice Sudhanshu Dhulia observed, “Any modification sought to be made to the service conditions of the respondent can only be done as per the procedure which is given under Section 10 of the Standing Orders Act, 1946. … Service conditions of respondents will be governed by the ‘Standing Orders’ as far as the disciplinary proceedings are concerned. ‘Standing Orders’ being in the nature of special Rules will override any other general Rule including CCA Rules, 1965.”
The Bench said that the CCA Rules are General Rules which apply to all Government Servants.
Advocate Arkaj Kumar appeared on behalf of the appellants while Advocate Anand Padmanabhan R. appeared on behalf of the respondent.
In this case, the High Court had upheld the initiation of disciplinary proceedings by the Nuclear Fuel Complex-Hyderabad (NFC) against the respondent workman under the CCA Rules, 1965. The short question before the Apex Court was whether the said disciplinary proceedings could be initiated under CCA Rules or it could be done only under the Standing Orders certified for the NFC under the Industrial Employment (Standing Orders) Act, 1946.
The respondent workman was appointed as a ‘helper’ in NFC and the eligibility requirement for the post was a Class VI certificate which he had submitted. However, he received a memorandum stating that he gave false declaration of passing Class VI as the transfer certificate was found to be fake. He approached CAT with a prayer to set aside the disciplinary proceedings against him but the Tribunal dismissed his application on the ground that NFC employees were governed by the CCA Rules and not Standing Orders. Such an order of CAT was challenged before the High Court which allowed the writ petition of the workman and set aside the disciplinary proceedings. Hence, the matter was before the Supreme Court.
The Apex Court after hearing the contentions of the counsel noted, “… CCA Rules, 1965 are the general Rules whereas Standing Orders are the Special Rules, and therefore the Standing Orders would override the CCA Rules, 1965. Moreover, the Standing Orders cover a wide area of activities of a workman and are workmen specific yet in view of Section 13B of 1946 Act a specific notification can be made applying CCA Rules, 1965 to that specific aspect. But a notification is necessary. In view of the Hari Shankar Jain (supra), this can be the only interpretation of Section 13B of the 1946 Act.”
The Court said that, once the standing orders have been notified and have come into force, there is a procedure prescribed under the 1946 Act for modifying or withdrawing such a standing order.
“There is nothing or record to show that after the standing orders, which stood certified in the year 1973 and were in force, any subsequent modification was made or any order passed curtailing these standing orders, under Section 10 of the 1946 Act. … we do not find any fault with the order of the Andhra Pradesh High Court which has held that it will be the standing orders and not the CCA Rules, 1965 which will be applicable”, added the Court.
The Court further noted that, when the Standing Orders for the Department have clearly laid down a procedure to be followed in cases of Disciplinary proceedings under Order Nos. 38, 39 & 40, there is no reason for the Department to initiate the said proceedings under the CCA Rules.
“This Court in the case of Hari Shankar Jain (supra) held that Standing Orders have the nature of Special Rules. It is a settled principle of law that only in those cases, where the Special Rules fail to lay down provisions for dealing with certain subjects, can the General Rules be pressed into service”, also observed the Court.
Accordingly, the Supreme Court dismissed the appeals and upheld the order of the High Court.
Cause Title- Union of India & Ors. v. K. Suri Babu (Neutral Citation: 2023 INSC 1033)
