GOVERNMENT OF KARNATAKA

IMPORTANT GOVERNMENT ORDERS/ OFFICIAL MEMORANDA ETC., RELATED TO THE KARNATAKA CIVIL SERVICES (CCA) RULES, 1957. From 1956 upto 9-2-2005

DPAL 44 RASAPRA 2006

IMPORTANT GOVERNMENT ORDERS/ OFFICIAL MEMORANDA ETC., RELATED TO THE KARNATAKA CIVIL SERVICES (CCA) RULES, 1957. From 1956 upto 9-2-2005

DPAL 44 RASAPRA 2006

Sl. No. 1

Number and date of communication

Subject

Page No.

Cir. AD 19181-94 SE (AC) 5.12.1956 G.O. GAD 18 PHS 57 20.3.1957

Procedure in Anti - Corruption cases.

Prompt transmission of appeals Government Servants with documents.

of relevant

O.M. GAD (S-1) 80 RSR 57 9.5.1957 O.M. OSD 2 SMR 57 29.6.1957

Notifying the dismissal of Government servants. Procedure for consulting the Public Service Commission in Disciplinary and other matters. Departmental conducting of enquiries-Instuctions for

G.O. RD 185-RGP 57/2023-26A 17.7.1957 Cir. GAD (S-1) 25 SSR 57 13.9.1957 O.M. GAD (OM) 9 SMR 57 12.12.1957 O.M. GAD (OM) 3 CAR 57 14.12.1957

Anti-Corruption cases-punishment.

Procedure for submission representation by Government servant.

of

Procedural instructions regarding the holding of Departmental Enquiries under the Mysore civil Services (Classification, Control and Appeal) Rules, 1957. Preparation and submission of quarterly returns of dismissed Government servants

O.M. GAD (S-1) 80 RSR 57 4.1.1958 O.M. GAD (S-1) 80 RSR 57 4.2.1958

10

11 12 13 14 15

16 17

Quarterly statements of dismissals of Government Servants-forwadal of notification. Cir.GAD 11 GEI 58 30.5.1958 Confidential Records-entries O.M.GAD 27 SSR 58 18.10.1958 Procedure in Disciplinary cases avoidance of delay. Cir. GAD (51) 38 SSR 58 Misappropriation of Government money30.10.1958 Enquiry-Procedure for. ADDENDUM Criminal misconduct-Government ServantsProcedure to be followed. Cir. GAD 36 DIF (Int) 58 States Reorganisation-Provisions as to 15.11.1958 services-procedure in respect of disciplinary matters. O.M. GAD (S-1) 86 RSR 58 Disciplinary action against Government 21.11.1958 Servants. Cir. GAD (S-1) 35 SSR 58 8.1.1959 Instructions regarding the Departmental proceedings against Government servants for misconduct.

18

O.M. GAD 6 OSR 59 25.4.1959

Procedural instructions regarding Departmental Enquiries under the C.C.A. Rules. Supply of copies of evidence, etc. to delinquent officers. "Warning" between. and "Censure" Distinction

19

O.M. GAD 8 OSR 59 18.5.1959 O.M. GAD (S-1) 23 SSR 59 2.7.1959 O.M. GAD (S-1) 44 SSR 59 20.7.1959. O.M. GAD (S-1) 56 SSR 59 9.10.1959. O.M.6400/58-15 24.3.1960.

20

21

Imposition of penalty specifying the period.

of

reduction

22

Promotion of Government servants whose conduct is under enquiry. States Reorganisation-Appeals against orders of dismissal, removal or compulsory retirement from service passed by the preReorganised Madras State prior to 1st November 1956-Authority to dispose ofDecisions of the Government of IndiaCommunicated. Procedure matters. in respect of Disciplinary

23

24

O.M. GAD 49 DIF 59 8.4.1960 G.O. GAD 21 OSR 60. 28.7.1960.

25

Departmental enquiries-Taking the assistance of another Government Servant in presenting his defence. Dismissal of Government servants in Public services. Clarification regarding Rule 59, Mysore Civil Services Rules. Criminal misconduct-Government servantsprocedure to be followed. Procedure to be follwed in forwarding investigation papers to the Anticorruption Department. Supply of copies of documents to the delinquent official. Clarification in respect of Rule 11(5) of K.C.S(C.C.A) Rules, 1957. Failure to follow the prescribed procedure laid down for departmental proceedings against Government servants for misconduct. Issue instructions reg: Orders of dismissal, removal or compulsory retirement of Government servants from service set aside by Courts-Issue instructions for guidance of competent authorities.

26

O.M. GAD 35 SSR 60 15.10.1960.

27 28 29

O.M. GAD 92 SRS 60 1.12.1960 Cir. GAD 59 OAC 61 30.9.1961 O.M. GAD 12 OSR 61 dt. 25.10.1961 O.M.GAD 14 OSR 61 dt. 13.11.1961 Cir. GAD (S-1) 43 SRR 62, dt. 1.6.1962 O.M.GAD (S-1) 33 SSR 61, dt. 27.6.1962

30 31 32

33

O.M. GAD 6 SIN 62 dt. 2.4.1963

34

Cir. GAD 46 OAC 64 dt. 16.6.1964

Requisitions for records required for purposes of investigations and inquiries by officers of the Anti Corruption Department. Instructions regarding preparation and submission of half yearly returns of dismissed Government servants. Public service-circumstances under which a Government servant may be placed under suspension-instructions regarding. Public services-Departmental proceedings against Government servants involved in cases of fraud, embezzlement, loss of Government money etc.,-instructionsPreparation and submission of half yearly returns of dismissed/debarred Government servants-further instructions regardDepartmental enquiries under Rule 14 of the Mysore Civil Services (Classification, Control and Appeal) Rules, 1957Issues clarifications reg Instructions to officers to offer cooperation in giving evidence, etc., in any Enquiry by Enquiry Officers during enquiry proceedings under C.C.A. Rules and Vigilance Commission Rules. Promotion of Government servants involved in Departmenal Enquiries. Letter No. G 6598 dated 15.12.1996 from the Compiler, Mysore Gazette. Stipulation of time limit for completing the Departmental Enquiry entrusted by Government to the State Vegilance Commission. Continuance of Departmental Proceedings after retirement, Application of new Rule 214 of Mysore Civil Services Rules. Withholding/withdrawal of pension under Rule 214 of the Mysore Civil Services Rules.

35

O.M. GAD 31 SRR 64 dt. 24.11.1964

36

O.M. GAD 21 SSR 65 dt. 26.2.1965

37

O.M. GAD 105 SRR 64, dt. 23.3.1965

38

O.M. GAD 129 SRR 65 dt. 29.12.1965

39

O.M. GAD 171 SSR 65 dt. 2.2.1966

40

Cir. GAD 18 SSR 66 dt. 2.3.1966

41

O.M.GAD 80 SSR 65 dt. 11.4.1966

42

Cir. ED 34 RPS 67 dt. 27.4.1967 O.M. GAD 42 PVC 66 dt. 5.8.1967

43

44

Letter GAD 54 SRR 67 dt. 14/16.9.1967 O.M. FD 133 SRS 67 dt. 3.1.1968

45

46

O.M. GAD 25 SSR 68 dt. 26.6.1968 O.M. GAD 47 SSR 68 dt. 17.9.1968

Procedure in disciplinary withholding of increments.

cases-

47

Publication of notices in respect of Departmental proceedings against Government servants. Disposal of cases received from the State Vigilance Commission - stipulation of time limit. Publication of notices, etc. in respect of departmental proceedings against Government servants Penalty of reduction-specifying the period Disposal of cases received from the Bureau of Investigation of the Vigilance Commission stipulation of time limit. Bar for promotions during the period of penalty. Departmental Enquiries-failure to follow the prescribed procedure. State Vigilance Commission Nature of cases in which investigations and inquiries are to be entrusted to it. Government servants involved in the Departmental enquiries taking assistance of other Government servant. Withholding of increment (s) with cumulative effect-procedure to be followed in imposing the penalty of. Departmental Enquiry Proceedings sanctions remuneration to the presenting officers appointed in the Withholding of increment (s) with cumulative effect-procedure to be followed in imposing the penalty of Requisitions for records, reports, etc., required for purpose of investigations and inquiries by the officers of the Vigilance Commission Submission of reports of the Vigilance Commission-pendency in the Secretariat. Issue of instructions to Heads of Department etc., regarding assistance of officials of other Departments to the Vigilance Commission.

48

O.M. GAD 57 PVC 68 dt. 18.10.1968 O.M. GAD 47 SSR 68 dt. 8.1.1969

49

50 51

O.M. GAD 7 SSR 69 dt. 25.3.1969 O.M. GAD 57 PVC 68 7.6.1969 O.M. GAD 42 SSR 69 dt. 25.8.1969 O.M. GAD 26 SSR 72 dt. 23.6.1972 Cir. GAD 29 SSR 72 dt. 4.8.1972

52

53

54

55

O.M. GAD 1 SSR 73 dt. 9.2.1973

56

O.M. GAD 18 SSR 73 dt. 2.11.1973

57

G.O. GAD 4 SSR 74 dt. 3.4.1974 O.M. GAD 12 SSR 74 dt. 2.5.1974 Cir. GAD 47 PVC 74 dt. 1.7.1974

58

59

60 61

Cir. GAD 42 PVC 74 dt. 15.7.1974 Cir. GAD 57 PVC 74 dt. 16.9.1974

62

O.M. GAD 63 SSR 74 dt. 3.12.1974

Delay in initiating action against Government servants in cases investigated by Vigilance Commission. Procedure for drawing remuneration by the presenting officer appointed in the Departmental inquiry proceedings. Instructions regarding Disciplinary Proceedings against Government servants under Rule 12 of the K.S.C.S. (C.C.A) Rules, 1957. Cases of Vigilance Commission pending with Government Review of. Rule 59 of the Karnataka Civil Services Rules - clarification regarding. Powers of Deputy Commissioners inrespect of class - III & Class IV posts U/r 10. Appeal petitions/Review petitions to the Governor Disposal of - Procedure to be followed in respect of. Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 Amendments of rule 11-A, 25 and 26 of the - clarifies the position under the Disciplinary proceedings Government servants. against

63

G.O. GAD 6 SSR 75 dt. 31.3.1975

64

Cir. GAD 14 SSR 75 dt. 21.5.1975

65

D.O. GAD 23 IPN 75 dt. 17.6.1975 O.M. FD 213 SRS 71 dt. 20.10.1975 No. GAD 24 SSR 75, dt. 11.12.1975 O.M. GAD 2 SSR 76 dt. 15.3.1976

66

67

68

69

Cir. DPAR 70 SSR 76 dt. 29.1.1977

70

O.M. DPAR 18 SSR 77, dt. 23.5.1977 O.M. DPAR 11 SSR 77 dt. 5.7.1977

71

Suspension of Government servants involved in mis-appropriation cases etc., Re vocation of instructions regarding. Clarification regarding 'mis-appropriation' by a Government servant amounts to corruption. Vigilance Commission - Reference of Complaints, Allegations against the gazetted officers to the by Heads of Departments clarification regarding. Imposition of penalty of withholding of increments and reduction to lower stages in time scale of pay or to a lower post etcinstructions reg. Suspension of Government officials Instructions under Rule 59 of the Karnataka Civil Services Rules-Further clarification regarding.

72

Cir. DPAR 28 SSR 77 dt. 28.7.1977 Cir. DCA 16 ARB 77 dt. 24.11.1977

73

74

Cir. DPAR 24 SSR 78 dt. 14.7.1978

75 76

Cir. DPAR 24 SSR 77 dt. 16.8.1978 O.M. FD 17 SRS 78 dt. 28.9.1978

77

Note

78

Cir. DPAR 22 SSR 78 dt. 29.12.1978 Cir. DPAR 18 SSR 79 dt. 2.3.1979 Cir. DPAR 30 SSR 79 dt. 17.4.1979

Note on the procedure to be followed at the Secretariat level in handling cases coming under Rule 14-A of the K.C.S (Classification Control and Appeal) Rules, 1957. Clarification regarding suspension of Government servants. Departmental enquiries-cases to be referred to Chief Secretary Procedure, regarding. Un-authorised absence of Government servants, instructions regarding quick disposal of enquiry cases. Appointment of Presenting Officers in Disciplinary cases under the C.C.A Rules. Communications to be addressed to the Vigilance Commission-Instruction -reg. Reinstatement of Government servants placed under suspension at the request of the State Vigilance Commission. Karnataka Civil Services (Classification, Control & Appeal) Rules, 1957 Amendment of Rule 11-A-further clarification in respect of issue of Second Show Cause Notice. Clarification regarding sanction of Government for payment of subsistence allowance for a period beyond 6 months.

79

80

81

Cir. DPAR 46 SSR 79 dt. 28.6.1979 Cir. DPAR 2 SIN 79 dt. 4.7.1979 Cir. DPAR 71 PVC 78 dt. 17.7.1979

82

83

84

Cir. DPAR 56 SSR 78 dt. 16.8.1979

85

Cir. DPAR 80 SSR 79 dt. 14.3.1980

86

Cir. DPAR 17 SSR 80 dt. 28.4.1980 Cir. DPAR 61 SSR 80 dt. 1.10.1980

Avoiding unnecessary references to Govt. in initiating disciplinary proceedings. Service of order, notices etc. under Rule 28 A of the K.C.S (Classification, Control and Appeal) Rules, 1957. Suspension of Government servants-further instructions regarding. Departmental inquiry-Appointing Deputy Commissioners of inquiries or Assistant Commissioners of inquiries of the Karnataka State Vigilance Commission as the Inquiry Officers. Departmental Inquiry Appointing Deputy Commissioners of Inquiries or Assistant Commissioners of inquiries of the Karnataka State Vigilance Commission as the Inquiry Officer.

87

88 89

Cir. DPAR 17 SSR 79 dt. 17.10.1980 O.M. DPAR 5 SSR 79 dt. 8.7.1981

90

O.M. DPAR 5 SSR 79 dt. 17.8.1981

91

O.M. DPAR 96 KLU 81 dt. 29.10.1981

Investigation/Enquiry Reports by the Karnataka State Vigilance CommissionPrompt disposal of-instructions-reg. Issue of instructions regarding rendering of assistance by Government servants to the Vigilance Commission in departmental inquiries. Suspension of Government servants Review of cases of prolonged suspension. Review of Court cases. Review of Judgements wherein decisions have been given by the courts against the State. Departmental Proceedings Government servants placed suspension - delay in instituting. against under

92

Cir. DPAR 466 SAS 81 dt. 3.11.1981

93

O.M. DPAR 59 SDE 81 dt. 17.12.1981 O.M. LAW 166 LAG 81 dt. 18.12.1981 O.M. LAW 166 LAG 81(P) dt. 4.3.1982.

94 95

96

Cir. DPAR 12 SDE 82 dt. 13.4.1982

97

Cir. DPAR 10 SDE 82 dt. 19.4.1982 Cir.DPAR 8 SDE 82 dt. 28.4.1982

Departmental enquiries-instructions follow prescribed procedure.

to

98

Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957Clarification regarding second show cause notice. Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957-further clarification regarding second show cause notice. Review of disciplinary cases which are pending finalisation-prescription of monthly progress report. JrE 83, MAz z CAiU w Azg Pj Pgg gz qAiwg ES vSUEU W jU ZU. Review of disciplinary cases which are pending finalisation-further instructions regarding. Defending the cases/suits filed in Courts against Government Instructions-reg. Suspension of Government servants and their promotions pending inquiries instructions regarding. 83, PlP (VPgt, AiAvt v ) AiiU, 1957w DUg Pj Pgg Eg ES vSU tU U.

99

Cir. DPAR 8 SDE 82 dt. 17.7.1982

100 Cir. DPAR 21 SDE 83 dt. 1.6.1983

101 O.M. rJDg AP 16.8.1983.

41

102 Cir. DPAR 55 SDE 83, dt. 14.11.1983 103 Cir. DPAR 8 SDE 84 dt. 14.3.1984 104 O.M. DPAR 12 SDE 83 dt. 21.4.1984 105 C.e. rJDg AP 24.5.1984 33 JrE

106 O.M. DPAR 12 SDE 83 dt. 21.6.1984

Reinstatement of Government servants placed under suspension at the request of the State Vigilance Commission. Departmental Inquiry under rule 11 of the K.C.S (Classification, Control and Appeal) Rules, 1957-entrusting the cases to the officers of Karnataka State Vigilance Commission. Joint Inquiry against Government servants under Rule 13 of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 Review of disciplinary cases which are pending finalisation prescription of quarterly progress report. Suspension of Government servants and their promotions pending inquiries instructions regarding. Suspension of Government and their reinstatement. servants

107 O.M. DPAR 16 SDE 84 dt. 2.8.1984

108 O.M. DPAR 30 SDE 84 dt. 27.11.1984

109 O.M. DPAR 43 SDE 84 dt. 14.2.1985 110 O.M. DPAR 12 SDE 83 dt. 4.3.1985

111 O.M. DPAR 13 SDE 85 dt. 3.7.1985 112 O.M. DPAR 14 SDE 85 dt. 5.7.1985

Withholding of special increments such as stagnation increment or increment for passing departmental examinations as a measure of penalty under Rule 8 of the K.C.S (C.C.A) Rules, 1957-clarification regarding. 86, ES vSPAiP PAiP Cx AAig ZguPjAiV Cx G PAiPz CPjAi U.

113 C.e. rJDg AP 22.5.1986

12

JrE

114 C.e. rJDg AP 5.6.1986

JrE

115 C.e. rJDg AP 1.7.1986 116 C.e. rJDg AP 30.12.1986

15

JrE

86, ES vSAi Pg Dv PgU DgU Ai v zqv Cx zvAi DgU nAi vAiij MzV U. 86, ES vSU q Urg PAiP jAiiV Cjg U. 85, Pj Pgg gz s vS: ES Zgu qzg A dP Pv wAi sg A vqUl ZU.

JrE

Pgz qU Ciwqz Pj Pgg PgtU 117 PlP rJDg 35 JrE 86, AP gQ wAi ga U. 711987

118 C.e. DE AP 21.7.1987

87, ES ZguPAiP Cx G PAiP Cx PAiPz A Aig CPjAi ZguPjAiV U. 119 v rJDg 25 JrE 84, PlP (VPgt, AiAvt AP 27.7.1987 v ) AiiU, 1957Dv PgU zAqAi z Jgq P n q U U. 120 C.e. DE 28 E 87, AP PlP (VPgt, AiAvt 17.9.1987 v ) AiiU, 1957gzQu Aiz gt Ag PgtU MUVg Pj Pgg Ciwq U. 121 C.e. DE 32 E 87, AP 26.10.1987 ES Zgu PgtU ES ZguAi q PAiPP U. 88 Sanction for prosecution of servants instructions - reg. Government

16

122 O.M. DPAR dt. 28.3.1988 DE 123 C.e. 6.6.1988 124 C.e. DE AP 6.10.1988

16

SDE

24 E 88, Pj Pgg Ciwq U 35 E 88, gd Pj U zP wzsvAi PjvPlP (VPgt, AiAvt v ) AiiU, 1957g CAzs11 v 111P wzr.

125 C.e. DE 4 E 89, AP 31.1.1989 126

127

128

129

130

CPvV Ug dgVg Pj Pgg PP vUzP UU. C.e. CE 16 E 89, AZ CAiz CrAi AP 26.6.1989 vSU MUVg Pj Pgg Ciwq U. O.M. DPAR 22 SDE 89 Revocation of suspension order on the dt. 11.10.1989 quashing of suspension order by the Courtsguidelines. C.e. rJDg 2 JrE 90, w Pj Pgg g P v AP 22.2.1990 Pj Pgg wAi Avg CAi gu PAiwAi g j. v DE 6 Ai 90, PlP (J) Aii, AP 21.3.1990 1957g Ai 14J CAi PgtU ZguUV PlP PAiPP U z O.M. DPAR 14 SDE 90 Prompt disposal of appeal petition dt. 16.5.1990 submitted by the Government servant against the order of the disciplinary authority by the appellate authorityInstructions reg.

131 O.M. DPAR 18 SDE 90 dt. 10.7.1990 132 v DE 6 J.r.E 91, AP 21.3.1992

Sanction for prosecution of Government servants instructions regarding. PlP (VPgt, AiAvt v ) AiiU, 1957Dv PgU Ppt zAqAi U U. Department Promotion Committee in respect of promotions to the State Services in the basis of seniority-cum-meritProcedure when a departmental enquiry/Court Proceedings is pending. 94, PlP UjP (VPgt, AiAvt v ) AiU, 1957Dv PgjU ES ZguAi Avg Zgu PjAi gAi Pl vzAvg zAqAi U. Unauthorised absence of Government employees instructions to deal with such absence. Ciwqz Pj Pgg PgtU gQ Eg wAi Az Ar U.

133 O.M. DPAR 22 SRR 93 dt. 14.7.1993

134 v CE AP 7.12.1994

12

135 O.M. DPAR 3 SDE 94 dt. 26.2.1994 136 v DE 4 JrE 95, AP 21.2.1995

137 C.e. rJDg 1 JrE 95, AP Pj Pgg Civ v g P 15.3.1995 Pjv 138 C.e. DE AP 16.3.1995 6 E 95, Pj Pgg Civ:g PES Zgu qzg AA vqUl ZU. 95, Ciwqz Pj Pgg PgtU g Q Eg wAi Az Ar U. 95, PlP UjP (VPgt, AiAvt v C) AiU, 1957grAi ES ZguAi q U iUaU. ES Zgu DgAzg A vqUl ZU.

139 v DE AP 28.10.1995

17

140 v DE AP 7.11.1995

13

141 C.e. DE 16 E 95, AP 23.11.1995

ESAi U sUz 142 Pj Dz DE 9 E 96, .D.. AP 22.6.1996 PAiAi g CPjU Ciw PgtU gQ wAi ga U. 143 v DE AP 26.6.1996 9 E 95, Q AiiAiz ZguU Ml CgzsPV zAqU UjAiiz Pj Pgg gz P dgV U iUa.

144 v DE AP 4.7.1996

96, Pj Pgg ES Zgu q PlP PAiP AU z ES Zgu PgtU Pj Pgg w Ai U. Avoiding delay in initiating departmental enquiries-instructions-regarding. PlP UjP (VPgt, AiAvt v C) AiU, 1957g Ca I, II, III v IV P wzr Pjv. 96 Pj Pgg AAiq U g P iq U ZU. 97 CPv Ugdgz Pj Pgg P dgV U. 96 P DgAzg, qzg U CAwUzg A vqUl U Q Eg PgtU UwAi g CQ U U Gj (monitoring) U ZU. U Uz CPjU P dgV zAq U. Pj Pgg Ciwq U

145 Cir. DPAR 4 SDE 96 dt. 28.8.1996 146 C.e. DE 1 E 97, AP 18.2.1997

147 v DE AP 21.4.1997 148 v DE AP 29.5.1997 149 C.e. DE AP 31.5.1997

16

14

150 v DE 6 E 97 AP 2.7.1997 151 C.e. DE 2 E 97 AP 8.7.1997 152 v DE 9 E 97 AP 1181997 153 v DE AP 3111997 8 E

ES Zgu PgtU gQ U ZU. 94 PlP UjP (VPgt, AiAvt v C) AiU, 1957g Ai 28J gr Dz, n, AvzU ej iqzg U. Pj Pgg AiiAiU Q Pz Q EzU Cz DgU P:ES ZguAi q U. Arrest of Civil Servants - regarding Ciwqz Pj Pgg PgtU gQ Cg R PAizAig CzsPvAi gaz wAi Az Ar U. Ciwqz Pj Pgg PgtU gQ Cg R PAiz Aig CzsPvAi gaz wAi Az Ar U.

154 v rJDg 5 E 96 AP 2121997 155 Cir. DPAR 17 SDE 97 dt. 9.12.1997 156 v DE 1 E 98 AP 2411998

157 v DE 1 E 98 AP 1921998

158 v DE AP 641998

96 Pj Pgg AiiAiU Q Pz Q EzU Cz DgU P ES ZguAi q U g ZU. Pj Dz DE 3 E 96, PlP (VPgt, AiAvt 159 AP 2441998 v ) Aii, 1957grAi iq ES ZguU v Aiig U v Pgz CPjUU U. 160 C.e. DE 2 E 98 AP 1671998. Pj Pgg AiiAiz P P dgV Adgw q Ug ZU. 98 ES Zgu DgAzg A vqUl ZU. 98 ES Zgu DgAzg A vqUl ZU. 98 Q PgtU vSAi t Uz Avg, Zel zR Azsz Pj Pgg Jgq j Ciwq U. PlP (VPgt, AiAvt v ) AiU, 1957grAi iq ES ZguU v AiigUU U. E 98 ES ZguAi jz QU Zgu Pgz dgU U ZU. CPv Az

161 v DE AP 2271998 162 v DE AP 3.8.1998 DE 163 C.e. AP 581998 3

164 C.n. 98 JJJA 98 AP 831999

165 v DE AP 1631999

11

166 v DE 4 E 99 AP 9699

PlP (VPgt, AiAvt v ) AiU, 1957g Ai 11(4) U Ai 12(1)(J) gAi qU nU Gvj zRU q CP P U. Engaging the services of retired Judges as inquiry officers in Departmental Proceedings.

167 O.M. DPAR 12 SDE 99 dated 23-7-99 168 v AS DE 17 E 99, AP 9121999 169 Dz AS: DE 15 E 99 AP 1432000

CPvV Ug dgVg Pj Pgg PgtU j Pjv ZU. ES ZguU AqPjAiiV U ES CPjUU qUwg Ugzs a U. v AS: DE 8 E Q AiiAiz ZguU Ml 170 20011 AP: 29.8.2000 CgzsPV zAqU UjAiiz Pj Pgg gz P dgV U iUa

171 v AS: DE 8 E Pj Pgg gz AiiAi z zAqAi AiiAi 2000II AP: 29.8.2000 AAil Azsz Cg Civ Azg U C.e. AS: DE 13 E 2000, Pj Pgg AizU 172 AP: 9.10.2000 qPU gA, Cg vgz Avg zAq PgtU vqAi U. 173 v AS: DE 18 E PlP (VPgt, AiAvt 2000 AP: 4.11.2000 v ) Ai 1957g Ai 11(2) g Pg ES ZguAi PAiP AU U v AS: DE 26 E PlP (VPgt, AiAvt 174 2000 AP: 2.1.2001 v ) Ai 1957g Pg P PgU CgjU zvz CPgU Z U 175 v AS: DE 14 E 99 Pj Pg gz P PzAi AP: 15.1.2001 R irz PgtU Cg gz ES Zgu iq U iUa PAiPPV Aifl 176 C.e. AS: DE 1 E 2001 Zu AP; 7.2.2001 Pj Pgg sgv Zu DAiU Ag CPg Ai U 177 C.e. AS: DE 3 E 2001 Pj Pgg AiiAiz P AP: 24.3.2001 P dgV Adgw q U. Pgg gz P 178 C.e. AS: DE 19 E 2001 Pj AP: 28.6.2001 DgAzg, q U CAwUzg A vqUl UrVg PwAi jgu Pjv 179 C.e. AS: DE 25 E 2001 WPAz CPv UgdjAig AP: 1.8.2001 Pgg Ai Azg U 180 v AS: DE 31 E Pj Pg gz AiiAiz P 2001 AP: 24.8.2001 P dgV Adgw q CPg Ag PgU Adgw DzU PV grwA U gZU v AS: DE 18 E Pj Pg gz vz DgUU 181 2001 AP: 14.9.2001 CUtV zz zAqU Pjv Powers to impose penalties on the various 182 Note No. DPAR 876 SRC 2002
categories of posts Government Secretariat in Karnataka

183 .C. AS: DE 45 E 2001 Pj Pgg gz q ES AP: 4.3.2002 ZguU ZguPjUV U AqPjUV PU v AiigUU Aiit sv (Conveyance Allowance) q U.

184 v AS: DE 47 E Pj Pgg gz ES Zgu 2001 AP: 23.3.2002 q Gzz PgtU Pj Pgg gU U U zgv DzU gr U v AS: DE 22 E P AiiAiz Q DgAz 185 2001 AP: 5.7.2002 RUAq Pj Pgg B U vUzPAq Azsz CjU qPz sU Pjv 186 v AS: DE 25 E AiiAiz w Aiiz AiiU 2002 AP: 19.10.2002 Pg Ez Ez Pz CAv w gz Pgz Ai U ZU 187 v AS: DE 2 E Ciwqz Pj Pgg PgtU 2003 AP: 6.2.2003 gQ gaVz wAi gzr U ZguAi 188 v AS: DE 7 E ES 2003 AP: 12.5.2003 Ct iw zRU wg U 189 v AS DE 12 E Pgz J ESU 2003 PgtU gP U. Eg

Pgg gz P 190 C.e. AS: DE 12 E 2003 Pj AP: 11.9.2003 DgAzg qzg U CAwUzg A vqUl UrVg PwAi Pjv 191 v AS: DE 10 E PlP (VPgt, AiAvt 2003 AP: 12.11.2003 v ) AiU 1957g CrAi ES Zgu qAiwzU, Pj Pg vzU ES ZguAi A Pz Pjv 192 v AS: DE 17 E U Dzsgz Pv wg 2002 AP: 24.11.2003 AAi gz P dgV U 193 C.e. AS: DE 5 E 2004 PlP (VPgt AiAvt AP: 19.6.2004 v ) AiU 1957g Ai 10P wzr 194 v AS: DE 2005 AP: 9.2.2005 1 E ES ZguAi Ct iw/ zRU wg U
Furnishing incomplete information/ records while recommending for initiating Departmental enquires - regarding

195 Circular No. DPAR 1 SDE 2005

date: 9.2.2005

Circular No.AD 19181-94 SE (Ac)1-56-1, dated: 5-12-1956 Sub:- Procedure in Anti-Corruption cases In modification of the procedure indicated in the Official Memorandum No.m.58093/E.A.2-56-1, dated 13th April 1956, where Government propose to pass an original order in disciplinary case files of the Efficiency Audit Department the following revised procedure is brought into force forthwith. 1. The Special Officer, Efficiency Audit may after completion of investigations in a case submit the records of enquiry with the findings and recommendations to the Chief Secretary to Government in the General Administration Department, (2) The General Administration Department will forward it to the Administrative Department concerned for necessary action, except in those extraordinary cases where the issues and the officials involved are such that it is not deemed fit to consult the Administrative Department at all. In such latter cases, the Chief Secretary may take the orders of the Minister in the Administrative Department and Chief Minister, direct. (3) The Administrative Department will examine the report and take necessary disciplinary action promptly as per procedure laid down if it agreed with the report. As and when cases are so disposed of by the Administrative Departments, they should inform the General Administrative Department about the manner of disposal. (4) Where the Administrative Department is not in a position to agree with the report, its comments should come to the General Administration Department, where further action would be considered. G.O.No.GAD 18 PHS 57 dated 20th March 1957 Sub:- Prompt transmission of appeals of Government Servants with relevant documents. A Case has recently come to notice where disciplinary action was taken by a Government Officer against a Subordinate officer. The Subordinate officer appealed and on that appeal the Head of the Department was asked by Government to send up all the relevant papers. Inspite of a number of reminders, the papers did not reach Government for a period of nearly two years. Government issued peremptory orders for the submission of the papers. 2. This state of affairs is thoroughly unsatisfactory and showed that the Head of the Department did not realise his responsibility in the matter. 3. Government rightly insist that appeals and representations from Government Servants will reach Government through the proper channel. This, however casts an equal responsibility on the superior officers to see that such appeal papers or representations are transmitted to Government promptly and are not delayed unduly. Such delay may cause irreparable damage to the Government servant concerned and in its turn, may give rise to a crop of direct representations to higher authorities which is determental to administrative discipline and efficiency. 4. It is accordingly impressed on all officers that appeals and representations against orders addressed to higher authorities should be promptly forwarded with all the

relevant documents. Where any authority delays transmission of such papers, serious notice of such delay may have to be taken. O.M.No.GAD (S-1) 80 RSR 57, dated 9th May 1957 Notifying the dismissal of Government Servants Under the instructions in force, it has been the practice to notify the dismissals of Government Servants of erstwhile Mysore State in the Mysore Gazette in the following cases, viz:(i) When it is necessary to notify to the public of the removal from service of an officer, whether because his appointment was previously gazetted or from any other cause; and (ii) When it is specially desired to exclude from re-employment in the service of Government, a public servant who has been dismissed for a heinous offence such as fraud or falsification of accounts. It is now considered that the above procedure should be made uniformly applicable to the whole of the new Mysore State. Therefore, in supersession of all the previous instructions in the matter, it is hereby directed that all cases of dismissals of Government Servants should be referred to the Chief Secretary to the Government in the General Administration Department (Services) every quarter for notifying the same in the Mysore Gazette and for enabling the compilation and forwardal of such notifications to the Heads of Departments, etc. O.M.No: OSD 2 SMR 57, dated 29th June 1957. Sub:Procedure for consulting the Public Service Commission in Disciplinary and other matters.

The following instructions are issued to regulate the procedure to be followed by the Departments of the Secretariat in their dealings with the Mysore Public Service Commission: 1. Whenever opinion of the Public Service Commission is required on a disciplinary matter, the present practice of referring the file itself to the Public Service Commission for opinion and the Commission recording its opinion on the Secretariat file itself is not suitable. 2. In such disciplinary cases the Secretariat files should not be referred unofficially to the Public Service Commission for their advice/opinion; instead of a self-contained letter should be sent together with all papers relating to the Departmental Enquiry, viz., the charge-sheet, the proceedings before the Enquiry Officer including the findings recorded, the documents filed and the report of the Enquiry Officer. The Commission's reply will then be sent to Government by a letter and, therefore, this practice will obviate any difficulty which may otherwise arise in supplying copies of papers asked for by the delinquent Government servant. 3. All references to the Commission in disciplinary cases should be made directly by the Administrative Department concerned by an official letter addressed to the Secretary of the Commission. Every such reference should be accompanied by all relevant papers or copies of such papers. In such cases references to be Public Service Commission need be routed through the General Administration (Services) Department only in cases where

general principles of methods of recruitment, promotion and transfer from one service to another are involved. Under no circumstances should any Secretariat file containing Departmental notes and minutes form part of the records sent to the Commission for advice/opinion. 4. All cases of appointment by promotion to services and posts falling within the purview of the Commission should be shown to the General Administration (Services) Department before consulting the Commission under the relevant provisions of the Mysore Public Service Commission Rules in this behalf. 5. When the Commission has come to conclusion in the matter it shall communicate its recommendations/advice to the Department which makes the reference. When the Department concerned has received the Commission's recommendations/advice and has arrived at its own conclusion as to the orders which should be issued, it shall, before issuing the orders, in cases where general principles arise, consult the General Administration (Services) Departments. When the Department is not prepared to accept the recommendations/advice of the Public Service Commission, the case should be put up by the Secretary of the Administrative Department concerned to the Minister of the portfolio Department concerned and the Chief Minister through the Chief Secretary. If it is decided not to accept the advice of the Commission a second reference to the Public Service Commission may be made. 6. If in any case it becomes necessary eventually not to accept the advice of the Commission, a Council Note should then be prepared and submitted to the portfolio Minister of the Administrative Department concerned and the Chief Minister through the Chief Secretary. 7. If the Council decides to over-rule the advice/recommendation of the Public Service Commission then the reasons for non-acceptance of the advice of the Commission should be communicated to the Public Service Commission. 8. The Commission shall be informed of the action taken on its recommendations by the Administrative Department concerned in all cases (including those relating to the recruitment) which have been referred to the Commission for advice. Ordinarily an endorsement forwarding copies of orders issued by Government in such cases will suffice. 9. As soon as a case is received back from the Commission with its advice, the Secretariat Department concerned should without any delay dispose of the case in conformity with the instructions contained in the Mysore Government Rules of Business and Secretariat instructions. 10. These instructions should be followed strictly. REVENUE DEPARTMENT G.O.No.RD 185-RGP 57/2023-26A, dated 17th July 1957. Departmental enquiries - Instructions for conducting of According to orders issued by the Bombay Government, Departmental enquiries against Government Servants should be completed within a period of three months, from the date, a decision has been taken to hold such an enquiry, and that if the enquiry could not be completed that time for any reason, orders of Government should be obtained for the extension of the period. This subject was discussed at the Divisional Commissioner's Conference held in January 1957. In the other integrated areas, there is no stipulation of

time. The Divisional Commissioners were of opinion that the proceedure in vogue in Bombay may also be brought into force in the entire State. Agreeing with the Divisional Commissioners, Government issue the following instructions in the matter of Conducting departmental enquiries in the State. 1. An enquiry should be completed within a period of three months from the date, a decision has been taken to hold such an enquiry. 2. In the case of enquiries held by an officer subordinate to the Deputy Commissioner/ Collector, the Deputy Commissioner/Collector may extend the period by two months. 3. In the case of enquiries conducted by the Deputy Commissioner/Collector, the Divisional Commissioner may extend the period by two months. 4. If further extension of time is considered necessary sanction of Government shall be obtained. Government Circular No.GAD (S-1)25 SSR 57 dated 13th September 1957 Sub:Anti-Corruption cases - Punishment. In an anti-corruption case in which a Sub-Registrar, a Clerk, an Attender and a Peon were involved and the evidence established that (a) the Sub-Registrar had taken a bribe directly in one case and clouded in the taking of a bribe in the second case, (b) the clerk had taken bribe directly in one case, (c) the peon had actively participated in the first case of bribery, and (d) the attender had directly received the bribe in the second case, the recommendation that the head of the office and clerk be reduced to a lower stage of the time-scale that the attender be removed from service and the peon compulsorily retired was accepted and orders issued accordingly. 2. The case came to notice recently on a review petition. The Chief Minister has observed on this case as follows:"I very much wanted to revise the order, But in view of the orders, dated 12th January 1956 and 14th September 1956, I do not want to disturb them. There should be finality. Yet I would like to make an observation. While the more educated and responsible officials like the Sub-Registrar and the clerk from whom, in view of their superior status better moral conduct is expected are punished by lowering their salaries, these two poor possibly illiterate officials, the attender and the peon, are so heavily punished by being dismissed with service. I feel it would have been more equitable and just if the two educated officials the Sub-Registrar and the clerk, had been dismissed and the peon and attender had their pay lowered. That I feel would be maintaining better standards of meeting out justice. I wish this is accepted in future. 3. In bringing these observations to your notice it is requested that the authority awarding punishment should see that the punishment is not only commensurate with the offence but bears a relation also to the relative degrees of responsibility and sense of duty which officials at various levels are expected to display. O.M.NO.GAD (OM) 9 SMR 57, dated 12th December 1957 Sub:Procedure for submission of Representations by Government Servant.

Government is pleased to issue the following instructions in regard to submission of representations by Government Servants in respect of any matters pertaining to their service and in respect of any disciplinary matters or orders affecting their conditions of service. Provision is made for an appeal by the Government Servant under Rules 18 to 22 of the Mysore Civil Services (Classification, Control and Appeal) Rules 1957. Representations should be addressed to the authority competent to entertain the appeal and not to other authorities. 2. All representations should be concise, set out the grounds relied upon by the Government servant and clearly specify the reliefs sought. As a second representation on the same subject will not be entertained, it will be in the interest of the Government servant to set out all relevant grounds and to mention all the reliefs which has seeks, in his representations. 3. Any Government servant who has a grievance from which he seeks relief, must send in his representation in his own name. Joint representations by more than one Government servant will not be considered. This bar does not apply to representations made by recognised Service Associations in accordance with their conditions of recognitions. 4. The representations should invariable be accompanied by a copy of the order appealed against, if any. 5. The representation should be sent through the official superior of the Government servant concerned, who should forward the representation with the relevant papers and his comments, if any, without delay, to the higher authorities, except in the circumstances mentioned in para 9 below. 6. An appeal or representation should be submitted within three months of the order appealed against. An appeal or representation submitted beyond that period will only be entertained at the discretion of the Government, on Government being satisfied that there were adequate reasons for not submitting the representations within time. 7. Where Government has already passed on order on a representation, a fresh representation on the same subject will not be entertained, unless the representation on the face of it discloses new grounds not before Government when the previous order was passed and adequate reasons for not placing those grounds before Government at that time. Any such representations received will be merely recorded and no action will be taken thereon. 8. An Officer who receives the representation from a subordinate office will transmit the papers to proper authorities, with his comments and with the relevant records if any, in his possession, with the least possible delay. 9. The representation should, however, be withheld in the following cases. (i) It is time-barred and sufficient reasons are not assigned for the delay in submitting the representation. (ii) A copy of other order appealed against is not annexed to the representation. (iii) A representation is debarred under paras 3 & 7. The fact that a representation has been withheld and the reasons thereof shall be communicated to the Government servant concerned except where the representations is withheld under clause (iii) above. 10. The representation received from a Government servant should be forwarded by his immediate superior officer through the official channel. The practice sometimes adopted

of handling back the representations to the aggrieved officer himself with the remarks of the higher officer, for being taken personally to the higher authority, is not correct and should cease. All noting on representations by officers at all levels and in the Secretariat is confidential and should not be communicated to unauthorised persons. 11. The Government servant who after having made a representation does not receive an order thereon within a period of two months, shall be entitled to send copies of his representation directly with a copy of such communication to the authority through whom the representation was originally addressed. Where the advance copy received does not show that proper authorities at lower levels have been approached for securing necessary relief, no action need be taken on the representation. Where, however, the advance copy indicates that relief from the appropriate authorities at lower levels has been sought in vain, the authority who receives the representations should take prompt action to get the relevant records and pass suitable orders in the case. 12. The authority who withhold a representation shall, every three months, send a statement of representations withheld by him, to the authority to whom the representations withheld were addressed. 13. These instructions are issued in supersession of all previous rules, orders and instructions on this subject. The procedure prescribed in these instructions shall, save as otherwise provided in any rules made under the proviso to Article 309 of the Constitution of India, be applicable to all representations pending on the date of issue of these instructions. Official Memorandum No.GAD(OM) 3 CAR 57 dated 14th December 1957 Sub:Procedural instructions regarding the holding of Departmental Enquiries under the Mysore Civil Services (Classification, Control and Appeal) Rules 1957.

The procedure to be follwed before an order of reduction to a lower post or timescale or to a lower stage in a time-scale, compulsory retirement before completion of the prescribed number of years of qualifying service, removal or dismissal is passed against a Government servant under rule 8 of the Mysore Civil Services (Classification, Control and Appeal) Rules, 1957, subject of the exceptions mentioned in rule 14, is prescribed in rule 11 of those rules. Neglect in the due observance of the provisions of the rule is liable to vitiate the whole proceedings and the ultimate order passed therein. It may often happen that though on merits on order of punishment may be fully justified, it may have to be set aside an account of some technical defect or irregularity committed in the conduct of the inquiry. This may often enable a guilty party to escape punishment as also cause considerable financial loss to Government. The following instructions are therefore issued for the guidance of officers who may have occasion to hold an inquiry under the above mentioned rule. Before holding an inquiry such officer is requested to go through these instructions carefully and adhere to them:1. Preliminary enquiry:- (a) Before commencing and departmental enquiry against a Government servant with regard to a disciplinary matter, it is necessary that thenar should be sufficient evidence gathered by way of preliminary enquiry and the authority competent to order the enquiry should be satisfied that there is sufficient prima-facie evidence to start disciplinary proceedings against the Government servant concerned. This preliminary enquiry may be made by any officer under whose administrative control the officer alleged to be at fault is working (or was working at the time the acts complained of were

committed), but the decision to hold the enquiry can only be taken by the authority competent to hold the enquiry under the rules. (b) Any officer can ask for an explanation from a subordinate officer in respect of any matter pertaining to his duties and it will often be advisable before initiating a departmental enquiry to obtain the explanation as, after obtaining the explanation, the reporting authority may feel that there is no case to initiate departmental proceedings at all. The asking of such an explanation is, however, not compulsory and the authority competent to order the investigation, will have to decide, according to the circumstances of each case, whether such an explanation should be obtained before issue of a chargesheet or not. 2. Issue of Charge-Sheet:- (a) Once the authority competent to appoint the enquiry officer is satisfied that a departmental enquiry is necessary, or he is directed by higher authority to hold a departmental enquiry the first higher authority to hold a departmental enquiry the first step will be to appoint an Enquiry Officer (if a higher authority has directed the officer to hold the enquiry himself, he himself will be the Enquiry Officer). The Enquiry Officer should frame a charge-sheet containing:(i) definite charge or charges, (ii) under each charge the grounds on which that charge is based, and (iii) any other circumstances which it is proposed to take into consideration in passing orders in the case. Each charge should be drawn up clearly and precisely and care should be taken to avoid vagueness. (b) The charge-sheet should conclude with the following formula:"Please show cause why suitable disciplinary action should not be taken against you on the charges mentioned above." "You are required herewith to put in any written statement you may desire to submit in your defence by ................. (the date to be specified). Please also state whether you desire any oral enquiry and/or to be heard in person. In case you desire any oral enquiry to be held please specify the witnesses you desire to cross-examine and the witnesses you desire to examine in your defence. Your attention is invited in this connection to rule 11(6) of the Mysore Civil Services (Classification, Control and Appeal) Rules 1957. In case you fail to put in your written statement by the above date, the undersigned may proceed with the enquiry on the basis that you have no defence to offer". 3. Written statement in defence-The Enquiry Officer should fix a reasonable time within which the written statement must be filed. In dealing with requests if any, for further time, by the accused Government servant, the Enquiry Officer Will consider whether the accused Government servant is sufficiently active in the preparation of his defence and whether the time asked for is really necessary. An accused Government servant must have reasonable facilities for the preparation of his defence, and subject to this condition, it is the Enquiry Officer's responsibility to complete the Departmental proceedings with the greatest despatch and submit his report to the appropriate authority. Normally, the maximum period for which an officer can be kept under suspension is six months and, as within this period, final orders have to be passed, it would be reasonable to except the Government servant concerned to put in his defence within three to five weeks according to the nature of the case. These limits are only ment for general guidance and are not to be taken as absolute limits. In simple and straight forward cases, even three

weeks may not be necessary, while a case which involves study of columinous record, not in the Government servant's own office, a longer period than five weeks may be necessary. 4. Request for an oral inquiry and/or to be heard in person:- (a) If within the prescribed time, or such further time as the Enquiry Officer may give, no written statement in defence is filed and no request in writing is made for oral enquiry or for being heard in person, the Enquiry Officer may either record his findings forthwith without holding any further enquiry, or, at his discretion, enquire into the matter further to satisfy himself about the truth of the charges. An enquiry must be held where the Government servant asks for it, or has expressed a desire to be heard in person, or having regard to the written statement in defence or the statement made by the Government servant himself when he is heard in person, a further enquiry is necessary to decide the truth of the charges. (b) Except in respect of very straight forward cases, the Enquiry Officer will always find it useful to examine the Government servant concerned orally, irrespective of whether the Government servant desires to be heard in person or not. 5. Record of evidence:- (a) At the oral enquiry evidence should be heard on charges which are not admitted or which, though admitted, the Enquiry Officers desires to investigate. The enquiry, however, should not extend to matters not mentioned in the charge-sheet. (b) The evidence in support of the charges should be recorded first and the accused Government Servant given an opportunity to cross-examine the witnesses. (c) The evidence of each witness should be recorded in the form of a narrative and when the evidence is completed it should be read over to the witness, and, if necessary explained to him in the language in which it was given. If the witness denied the correctness of any part of the evidence when it is read over to him, the Enquiry Officer may either carry out the correction or, instead of correcting the evidence, make memorandum of the objection and add such remarks as he thinks necessary. Then, the statement shall be signed by the Enquiry Officer. Copies of such evidence as are required by the accused Government servant may be permitted to be taken by him or at the discretion of the Enquiry Officer supplied to him. 6. Enforcing the attendance of witnesses:- (a) The Officer holding the enquiry has no power to enforce the attendance of any non-official witnesses. As regards official witnesses he should be able to procure their presence either by writing to them direct or to their superior officers at appropriate levels. Normally, the request to call an official witness, when his evidence is relevant, should not be rejected. When, however, it appears that the request is frivolous or vexatious or it is made with a view to prolong unnecessarily the enquiry, the request should be refused and the reasons there of recorded in writing. (b) The above instructions for recording the evidences of witnesses apply equally to the record of the examination of the accused Government servant himself. 7. Expenses of witnesses:- Except where they are official witnesses whose evidence is, in the opinion of the Enquiry Officer, relevant the expenses of witnesses called by the Enquiry Officer at the instance of the person charged should be borne by the latter. Before asking such a person to appear before him as a witness, the Enquiry Officer may require the person charged to deposit the necessary expenses with him. The expenses of other witnesses called to give evidence should be borne by Government. As far as official witnesses are concerned, their appearance at the enquiry will form part of their duty. 8. Inspection of documents by the Government servant concerned:- The Enquiry Officer should give every reasonable facility to the accused Government servant to inspect

any documents or records necessary for the purpose of preparing his defence. Such inspection shold be arranged in the presence of a responsible Government servant to ensure that the records are not tampered with in any manner. The documentary evidence in the custody of the accused should be produced by him along with his written statement. If it is produced later, the Enquiry Officer may admit or reject it in his discretion. Normally such evidence should not be rejected unless it has the effect of unnecessarily prolonging the enquiry and the accused Government servant has not offered a reasonable excuse for not having produced the evidence earlier. 9. Enquiry Officer's responsibility:- It is the Enquiry Officer's responsibility to arrive at the truth of falsity of the charges against the Government servant. For this purpose, it is his responsibility to put whatever questions as may be necessary both to the witnesses examined in support of the charge and to the withnesses produced by the accused Government servant. 10. Prohibition against appearance by Lawyers:- Lawyer should not be allowed to appear in departmental enquiries, whether for the accused Government servant or against the accused Government servant. Rule 28 of the Classification Control and Appeal Rule refers. 11. Submission by the accused of another written statement:-After all the evidence has been heard, the person charged shall, if he so desires, put in a further written statement in his defence and also explain his defence orally to the Enquiry Officer. 12. Drawing up of the findings by the Enquiry Officer:- (a) On completion of the enquiry, including the personal examination of the accused Government servant, if any, as the case may be, the enquiry officer shall record his findings in respect of each charge, with reasons thereof, and forward the proceedings to the authority appointing him. (b) The proceedings, forwarded shall contain,(i) the charges framed against the Government servant alongwith the grounds of charge; (ii) written statement filed in defence, if any; (iii) a sufficient record of the evidence, given during the oral enquiry as also the documentary evidence; (iv) a memorandum of the points urged by the Government servant concerned during the personal hearing, if any; (v) a statement of the finding of the Enquiry Officer on the different charges and the grounds therefor; and (vi) the penalty recommended. 13. Provisional conclusion:- The authority competent to impose punishment, on perusal of the proceedings, shall come to a provisional conclusion in regard to the penalty to be imposed. 14. Giving of a second or further opportunity to the person charged:- If this penalty is any one of the penalties mentioned in clauses (v), (vi), (vii) and (viii) of rule 8 of the Rules, the person charged should be supplied with a copy of the report of the enquiring authority and be called upon by t he competent authority or such other officer authorised by it in this behalf to show cause within a reasonable time, not ordinarily less than one week, or exceeding one month, against the particular penalty proposed to be inflicted.

Any representation in this behalf submitted by the person charged shall be duly taken into consideration before final orders are passed. 15. Consultation with the Public Service Commission:- (a) Where the authority to impose punishment is Government it is, save in exceptional cases, necessary, before passing an order, to consult the Public Service Commission. In asking for the advice of the Commission, the complete records of the case, namely, the records mentioned in para 12(b), the show cause notice issued under para 14 and the Government servant's reply, if any, should be forwarded to the Commission. It would not be necessary to examine the case in great detail at this stage, as Government would take a final decision only after receiving the advice of the Public service Commission. For the same reason, unless the Minister concerned has specifically so directed, it is ordinarily undesirable and unnecessary to obtain the orders of the Minister concerned at this stage. (b) On receipt of the advice of the Commission, the papers should be submitted to the Minister concerned for orders. (c) Where, for any reason, it is felt that the Commission's advice cannot be accepted, the papers should be referred to the General Administration Department. The General Administration Department will either take up the case again with the Commission or, in case it is felt necessary to deviate from the advice of the Commission, submit the case to the Council of Ministers for final orders. 16. Drawing up of the final order:- (a) The final order containing the decision of the authority competent to impose the penalty should be a self-contained order. The order should set out briefly the relevant facts, findings of the Enquiry Officer, the advice of the Commission and Government's decision thereon with reasons in brief for any departure from the findings of the Enquiry Officer or advice of the Commission, and it should be signed by an officer authorised to sign orders on behalf of Government under the Rules of Business, if Government issues the order or in other cases by the authority competent to impose the particular punishment. A copy of this order should be supplied to the accused Government servant. (b) A copy of the letter of the Public Services Commission containing its advice may, if applied for, be supplied to the accused Government servant. 17. Cases in which procedure detailed above need not be follwed:- The procedure laid down in rules 11, 12 and 13 of the Rules may not be followed and all or any of the above instructions may be waived in the following cases:(i) when the order of punishment, i.e., reduction, compulsory retirement, removal or dismissal, is based on facts which have led to the conviction of the person charged in a criminal court. In such cases the order of punishment may be passed on the strength of the facts as disclosed in the criminal case; (ii) where the Disciplinary Authority is satisfied for reasons to be recorded in writing that it is not reasonably practicable to follow the procedure prescribed in the said rule, e.g., where the Government servant has absented himslef from duty and the address of the Government servant is not known; or (iii) where the Governor is satisfied that in the interest of the security of the State, it is not expedient to follow such procedure, the Disciplinary Authority may consider the circumstances of the case and pass such orders thereon as it deems fit:

Provided that the Commission shall be consulted before passing such orders in any case in which such consultation is necessary. 18. Procedure to be followed in cases of minor punishments:- It is not necessary, to follow the elaborate procedure detailed in the preceding paragraphs in respect of penalties mentioned in clauses (i), (ii), (iii) and (iv) of rule 8 of the Rules. But before imposing any such punishment, the Government servant should be given a reasonable opportunity to make a representation against the action proposed to be taken. In particular, it is not necessary to give the Government servant, in such cases a notice to show cause against the proposed punishment after he had an opportunity to answer the allegations aganist him. 19. Suspension:- (a) Placing of a Government servant under suspension under rule 10 of the Rules where an enquiry into his conduct is contemplated, or is pending, would imply the commencement of a departmental inquiry in a disciplinary action. This Action shall not require the giving of a prior notice and obtaining the explanation of the Government servant concerned. (b) The purpose in placing an officer under suspension is to keep him away from a position where he can interfere with conduct of the enquiry or temper with the documentary or oral evidence in any manner, or, where, having regard to the nature of the charges against him, it is felt that it would be unsafe to continue to vest in him the powers of his post. (c) Where an officer is placed under suspension, it is particularly necessary to expedite the enquiry proceedings and to complete the departmental enquiry as early as possible. (d) The authority competent to suspend a Government servant, while issuing the orders of suspension should invariably mention in the said order the subsistence allowance which shold be paid to the Government servant concerned under the rules. (e) A Government servant should not be suspended pending enquiry as a measure of punishment. Where, however an officer has been suspended pending enquiry into his conduct, the following courses would be open at the conclusion of the inquiry:Where the authority competent to impose any punishment(i) makes an order fully exonerating or acquitting him, the period during which he was under suspension pending the inquiry shall be deemed to be period of duty and the Government servant shall be entitled to full pay and allowances as if he had not been placed under suspension: (ii) makes an order imposing any penalty, other than a penalty of compulsory retirement, removal from service or dismissal from service, the Government servant shall be paid for the period of suspension such proportion of his pay and allowances not less than subsistences allowance payable under the rules as the said authority may in its discretion specify; and where no such proportion is specified, the Government servant shall be paid the maximum subsistence allowance admissible under the rules relating to grant of subsistence allowance and the period of suspension shall count as duty unless the said authority has otherwise directed: (iii) makes an order imposing the penalty of compulsory retirement, removal from service or dismissal, shall be paid for the period of suspension such proportion of his pay and allowances as the said authority may, in its discretion specify and where no such proportion is specified the maximum subsistence allowance admissible under the rules relating to grant of

subsistence allowance and the period of suspension shall not count as duty for any purpose unless the said authority has otherwise directed. 20. Cases of alleged criminal misconduct of Government Servants:- The following procedure should normally be adopted in cases of alleged criminal misconduct of Government Servants:(a) As soon as sufficient evidence is available for the purpose in the course of investigation in case of misconduct, whether such investigation is conducted departmentally, through the Anti-Corruption Department or through the Police, action should be taken under the Mysore Civil Services (Classification, Control and Appeal) Rules, 1957 or other appropriate disciplinary rules, and disciplinary proceedings should be initiated forthwith. Such departmental proceedings need not interfere with the Police investigation, which may be continued, where necessary. After the departmental proceedings are concluded, the penalty, if any, imposed as a result thereof, the question of prosecution should be considered in the light of such material as may have become available as a result of the investigation. (b) In suitable cases, criminal proceedings should thereafter be initiated. Before initiating such proceedings advice on the evidence should be obtained from Government's legal advisers, including in sufficiently important cases from the Advocate-General. Where the conduct of a Government servant discloses a grave offence of a criminal nature, criminal prosecution should be the rule and not the exception. Where the competent authority is satisfied that there is no criminal prosecution, which can be reasonably sustained against such an officer prosecution should not, of course, be resorted to, but prosecution should not be avoided merely on the ground that the case might lead to an acquittal. (c) Should the decision of the trial court or the appellate court, as the case may be, lead to the acquittal of the accused, it maybe necessary to review the decision taken earlier as a result of the departmental proceedings a point to be taken into account in such review would be whether the legal proceedings and the departmental proceedings covered precisely the same grounds. If they did not, and the legal proceedings related only to one or two charges, i.e., not the entire field of departmental proceedings, it may not be found necessary to alter the decision already taken. Moreover, it should be remembered that while the court may have held that the facts of the case did not amount to an offence under the law, it may well be that the competent authority in the departmental proceedings might hold that the Government servant was guilty of a departmental misdemeanor and he had not behaved in the manner in which a person of his position was expected to behave. O.M.No.GAD(S-1) 80 RSR 57, dated 4th January 1958. Sub: Preparation and submission of quarterly returns of dismissed Government Servants. In continuation of the instructions issued in Official Memorandum No.GAD (S-1) 80-RSR-57, dated the 9th May 1957, it is directed that particulars as noted below be furnished in the prescribed quarterly return in respect of dismissed persons should beincluded in the prescribed return only after the statutory appeal, if any, preferred by him is disposed of; or after the time prescribed in the rules for preferring the appeal has elapsed and no appeal has been preferred by him.

1. Name, Father's Name and Educational Qualification. 2. Date and Place of Birth 3. Place of Residence 4. Marks of identification 5. Post held 6. Reasons for dismissal. 2. Nil returns should also be sent

O.M.No.GAD(S-1) 80, RSR 57, dated: 4th February 1958 Sub:Quarterly statements of dismissals of Government Servants-forwardal of for notification.

Instructions regarding preparation and submission of quarterly returns of dismissed Government Servants have been issued in Official Memorandum No.GAD (S-1) 80, RSR 57, dated 9th May 1957 and 4th January 1958. It is noticed that statements of dismissals of Government Servants are not being submitted to Government punctually. As even 'nil' returns have to be sent it is directed that the returns should be submitted to Chief Secretary to Government so as to reach on the 5th of the following quarter punctually. Circular No. GAD 11 GEI 58, dated 30th May 1958. Confidential Records - entries. Attention is invited to the Chief Secretary's circular No.GAD 11-GEI-58, dated 15th May 1958, wherein it has been impressed that copies of orders regarding action taken against Government Servants in disciplinary proceedings should be placed in their confidential records. Apart from penalties actually imposed, there are case in which orders are passed or directions are given, which have a bearing on the transfers or promotion of the Government servant concerned or on the capacity of the Government servant. It is essential that even though such directions or orders may not amount to a punishment, copies thereof should be kept in the respective confidential records and while considering proposals for transfer or promotion; the confidential record of the particular Government servant should be invariably referred to. O.M.No: GAD 27 SSR 58, dated 18th October 1958 Sub:Procedure in Disciplinary cases - avoidance of delay. It has been brought to the notice of Government that on may occasions the Departments do not send at once all the relevant records pertaining to disciplinary cases referred to the Public Service Commission with the result that it becomes impossible for the Commission to communicate their recommendations without delay. The urgency in the disposal of disciplinary cases need hardly be emphasised. Attention of the Secretariat Department is invited to para 13 of O.M.No:GAD (OM) 3 CAR 57, dated the 14th

December 1957, and it is requested that as laid down in that para, the following documents are invariably sent to the Commission, when it is consulted in disciplinary cases:(i) the charges framed against the Government servant along with the grounds of charge; (ii) written statement filled in defence, if any; (iii) a sufficient record of the evidence given during the oral enquiry as also the documentary evidence; (iv) a memo of the points urged by the Government servant concerned during the personal hearing, if any; (v) statement of the findings of the Enquiry Officer on the different charges and the grounds therefor; (vi) the penalty recommended; (vii) the show cause notice issued to the Government servant and his reply thereto; provided that in cases of minor penalties where as per rule 12 of the M.C.S. (Classification, Control and Appeal) Rules, 1957, no departmental enquiry is held, the question of sending the records mentioned at (iii), (iv) and (v) above would not arise. The service book (or history of services in the case of a Gazetted Officer) and the confidential record of the Government servant should also be sent to the Commission in all cases since they are necessary in determining the quantum of penalty. The Departments are also requested to see that in cases where a Departmental Enquiry is held and the Government servant in reply to the show cause notice states that he has not been provided with adequate opportunity to cross-examine the witnesses or that there has been some flaw in the conduct of the enquiry, etc., the points raised are examined and their remarks on them made available to the commission whenever it is consulted. Some of these points may raise vital issues visa is the validity of the enquiry itself and it is necessary that the Commission is posted with full information with regard to them before it can give its opinion. The Departments are requested to follow these instructions scrupulously. Circular. No: GAD (S.1) 38 SSR 58, dated: 30th October 1958. Sub:Misappropriation of Government Money - Enquiry - procedure for. In a case of misappropriation of government dues, a clarification has been sought, whether immediate steps are to be taken for recovery of the amount and a departmental enquiry started against the delinquent, simultaneously with the launching of a criminal prosecution. 2. Attention is invited, in this connection to the procedure laid down in para 20 of Official Memorandum No. GAD 3 CAR 57, dated 14th December 1957, wherein it has been prescribed the departmental enquiry should first be completed with the greatest despatch before initiating criminal proceedings. Therefore, in misappropriation cases, the proper procedure is first to start a departmental enquiry and to take steps for recovery of the amount from the delinquent, if he is found to have misappropriated the amount.

3. If, after completing Departmental proceedings, it is considered that the case is suitable for proceedings against the delinquent in a Criminal Court, such action should be taken. Once the criminal proceedings have been initiated no steps for recovery of the amount should be taken, until the criminal case is decided. Though there is no legal bar for recovery of the amount pending a criminal trial, it has been recognised as a rule of equity that nothing should be done during the pendency of a criminal trial that would prejudice the defence of the accused. 4. Further, in any case where criminal proceedings have already been initiated before the departmental enquiry has been completed, the departmental proceedings should also be stayed until the disposal of the criminal case, if the subject matter of such proceedings is also the subject matter of a charge against the delinquent in a criminal Court. Such cases should not normally occur hereafter. ADDENDUM Sub:Criminal misconduct - Government Servants - Procedure to be followed. Several doubts have been expressed regarding the exact procedure to be followed in cases of criminal misconduct committed by Government Servants. The following clarifications are issued in partial modification of Instruction 20 of Procedural Instructions issued in O.M.No.GAD (OM) 3 CAR 57, dated 14-12-57 and Circular No.GAD (S.1) 38 SSR 58, dated 30th October 1958, namely:1. Where officers are trapped or caught red handed while accepting illegal gratification, the investigation should be continued and completed and regular charge-sheet in the Court of the concerned Special Judge should be filed. 2. Where cases are initiated by the police either SUO MOTU or at the instance of the Head of a Department, if on completion of the investigation, it is found that the evidence collected is not sufficient so as to warrant a conviction in a Court of Law, the AntiCorruption Department or the Police Department, as the case may be, should consider and move the concerned Court for obtaining the relevant summary for dropping the proceedings. After obtaining such a summary, the records of investigation should be forwarded to the Head of the Department who should decide about the sufficiency of the material for initiating a departmental enquiry under the M.C.S.(CCA) Rules, 1957 and take action accordingly. 3. Where departmental enquiries have been started without reference to the police, such enquiries should be continued and completed according to the rules. If at any stage of the enquiry, the Disciplinary Authority considers that the Offences disclosed are so grave that a prosecution in a Court of Law is essential in the interest of administration, then steps should be taken to launch regular prosecution and the Departmental enquiry should be kept in abeyance. 4. It is impressed on all concerned that delay in the institution of criminal prosecution not only frustrates the object of the prosecution but may possibly affect the credit to be attached to the evidence that will be adduced in support of the prosecution. Delayed prosecutions are looked upon with suspicion by Courts. It is essential therefore that prosecution should normally be conceived at the earliest stage as soon as the offence is committed and detected. If in any case there is delay in launching a prosecution, then such cases should be continued only departmentally.

5. Where a prosecution ends in an order of acquittal, then the question of Departmental enquiry does not arise if the accused has been acquitted on merits. If the order of acquittal is on some technical ground, then the propriety of starting a Departmental enquiry should be considered on the merits of each case after a careful scrutiny of the judgement. Circular No.GAD 36 DIF(Int) 58, dated: 15th November 1958 Sub:States Reorganisation-Provisions as to Services-Procedure in respect of disciplinary matters.

I am directed to forward herewith for information a copy of letter number 21/3/58 SR (S) dated 30th October 1958, received from the Secretary to Government of India Ministry of Home Affairs, New Delhi, on the subject mentioned above. These instructions may be followed in dealing with cases of disciplinary proceedings initiated prior to 1st November 1956. Copy of the letter No.21/3/58 SR(S) dated 30th October 1958 from Shri D.D.Gothi, Under Secretary to Government of India, Ministry of Home Affairs, to the Additional Secreatry to the Government of Mysore, General Administration Department, (Integration), Bangalore. I am directed to refer to the State Government's letter No.GAD (INT) 36/DIF/58, dated the 17th May 1958 in which they asked for the views of the Government of India regarding the procedure to be adopted in dealing with:(i) appeals or petitions for reinstatement preferred after 1st November 1956 by officials who were dismissed removed or compulsorily retired before 1st November 1956 while serving in areas which now form part of the State of Mysore. (ii) pending departmental proceedings in which final orders have not been passed;

(iii) the appeals or petitions preferred prior to 1st November 1956 by persons compulsorily retired, removed or dismissed; (iv) the cases, in which departmental enquiris are to be held against the officials in respect of acts of misconduct while serving in areas forming part of States of Bombay, Andhra Pradesh and Madras. 2. The Government of India have considered the matter and they are of the view that a person who was dismissed, removed or compulsorily retired by a competent authority before 1st November 1956 was not one who held a post within the meaning of section 116 of the S.R.Act 1956, and as such cannot be alloted to any State under section 115 of the said Act. In the circumstances, the Government of India consider that appeals or petitions from such persons preferred before or after 1st November 1956 should be disposed of by the principal successor State. In case it is ultimately decided to reinstate the Government servant the question of his allocation will be decided in consultation with the State Governments concerned. 3. The procedure followed by the State Government in the case of appeals or petitions of officers of the former States of Mysore and Coorg is correct.

4. As regards pending departmental proceedings and appeals and petitions, a distinction may be drawn between:(a) cases where an officer held a post or would be deemed to have held a post under any State immediately before 1st November 1956 and (b) cases where the officer did not hold any post and is also not deemed to have held any post immediately before 1st November 1956. In the case of (a) above, the proceedings may be continued by the appropriate authority of the State to which such officer has been allotted or is deemed to have been allotted by general or special orders of the Central Government, whereas in the case of (b) the enquiry will have to be continued by the authority in the principal successor state. Pending appeals and petitions may also be disposed of accordingly. 5. As regards cases in which departmental enquiries have to be held against officials in respect of acts of mis-conduct while serving in areas which form part of States of Bombay, Madhya Pradesh and Madras, I am to invite your attention to this Ministry's letter No.F6/12/58-SR(S), dated 22nd August 1958 (copy enclosed) Copy of the letter No.F.6/12/58SR(S), dated the 22nd August 1958 from Shri D.D.Gothi, Under Secretary to the Govt. of India to the Secretary to the Government of Mysore Education Department, Bangalore. Sub:Departmental enquiry against Shri M.S.Mahamood III Grade Clerk (under suspension) of the Office of the Director of Public Instruction, Hyderabad now transferred to the office of the Deputy Director of Public Instruction, Raichur. Circular No.21/3/58-SR(S), dated New Delhi-1, 30th October 1958 Copy with a copy of letter replied to is forwarded to the Governments of Andhra Pradesh, Bombay, Bihar, Kerala, Madras, Madya Pradesh, Rajasthan and West Bengal. I am directed to refer to your letter No.ED 29 SES 57 dated the 1st May 1958 on the above subject, and to say that the question raised therein has been examined in consultation with the Law Ministry here. The Government of India consider that the best course will be for the Government of Mysore to appoint one of their own officers to do the enquiry, who may, if found necessary to go to Andhra Pradesh for the purpose of conducting the enquiry. I am to add that an alternative method would be to cancel the provisional allocation of Shri Mahmood to Mysore so that he may be brought over to Andhra Pradesh for completion of the enquiry by the Government of that State. This course is however, of doubtful legal validity, and would also not be consistent with the general position indicated in para 4 of this Ministry's Circular letter No.6/3/58-SR(S) dated 8th March 1958. In the opinion of the Government of India, there should be no difficulty in following the first alternative, namely, that the Government of Mysore should appoint one of their own officer who should, if necessary visit Hyderabad to complete the enquiry. I am accordingly to suggest this procedure. O.M.No.GAD(S-1) 86 RSR 58, dated 21st November 1958 Sub:Disciplinary action against Government Servants. Sub-rule (9) of Rule 11 of the Mysore Civil Services (C.C&A) Rules 1957, provides that the disciplinary authority shall, if it is not Inquiring authority, consider the record of

the inquiry and record its findings on each charge. Further sub-rule 10(1) requires that if the disciplinary authority, having regard to its findings on the charges, is of the opinion that any of the penalties specified in clauses (v) to (viii) of Rule 8 should be imposed, it shall give to the accused Government servant a notice stating the action proposed to be taken in regard to him and asking him to show cause, within a specified time, why the action proposed to be taken against him should not be taken. The disciplinary authority is required, at the same time, to furnish to the Government servant a copy of the Inquiring authority's report and, where the disciplinary authority is not the Inquiring authority, a statement of its findings together with brief reasons for disagreement, if any with the findings of the Inquiring authority. Regulation 5 of the Mysore Public Service Commission (Consultation) Regulations, 1958, classifies the cases in which the disciplinary authority should consult the Commission before passing final orders. The question has been raised whether it is necessary under the provisions of the Constitution that at the conclusion of the enquiry, the disciplinary authority should record its findings on each charge before issuing a show cause notice on the delinquent Government servant and whether the Public Service Commission should be consulted only once before passing the final orders after receipt of reply to the show cause notice or twice. Once before issuing the show cause notice to the accused Government servant and again before passing final orders in the matter. It is hereby clarified that the disciplinary authority should record its provisional findings on each charge before calling on the Government servant to show cause why any of the penalties specified in clauses (v) to (viii) of Rule 8 of the Mysore Civil Services (C.C.& A) Rules should not be imposed on him and that a reference to the Public Service Commission where necessary, should be made only after service of show cause notice on the accused Government servant and receipt of his reply, if any, thereto. The disciplinary authorities are requested to bear this requirement under the provisions of the Constitution as any lapse on their part is likely to vitiate the proceedings in the cases of disciplinary matters. CIRCULAR No.GAD(S-1) 35 SSR 58, Bangalore, dated 8th January 1959 Issue instructions regarding the Departmental Proceedings against Government Servants for misconduct. A number of instances have come to the notice Government in which the Departmental proceedings taken against Government Servants have been quashed by the High Court on the Ground that the proceedings were procedurally defective. While this is especially true of departmental enquiries held before the issue of the Mysore Civil Services (Classification, Control and Appeal) Rules, 1957, it is observed that even in some of the enquiries held after the issue of these Rules, the enquiries have not been held in conformity with the procedure laid down therein. The common defects noticed in the large majority of cases are as under:1) failure to frame specific charges, 2) recording of evidence of witnesses in support of the charges, in the absence of the delinquent Government servant, of merely giving him an opportunity to cross-examine the witnesses without first recording his evidence as against the delinquently, 3) failure to comply with reasonable requests for inspecting the relevant records. 4) failure to furnish the reasons for the findings on the charges.

5) the imposition of a major penalty without giving a show cause notice to the official concerned, as required under Article 311 (2) of the Constitution, and 6) failure to furnish a copy of the report of the enquiry to the delinquent alongwith the show cause notice. 2. It would appear from these defects that Enquiry Officers do not study the instructions on the subject. This is inexcusable. The attention of all officers is invited to Official Memorandum No.GAD 3 CAR 57 dated 14th December 1957, which contains detailed instructions regarding the manner of holding Departmental enquires. In particular, the disciplinary authorities should bear in mind that failure to comply with the provisions of Article 311(2) of the Constitution, which requires that a reasonable opportunity to show cause against the action proposed to be taken in regard to him, should be given in any case in which a Government servant is proposed to be dismissed or removed or reduced in rank, will vitiate the entire proceedings. As provided in Rule 11(8) to (12) of the Mysore Civil Services (Classification, Control and Appeal) Rules, it is mandatory that whenever any major penalty such as is mentioned in Rule imposed on a Government servant, a show cause notice must be issued to the accused Government servant, stating the action proposed to be taken against him, and asking him to show cause, within a specified time, why such action should not be taken. The official is also entitled to know the reasons of the disciplinary authority in coming to the conclusion that the charges against him have been proved. Therefore, while issuing a hx show cause notice, it is essential that a copy of the enquiry officer's report is also furnished. Where the disciplinary authority is not the inquiring authority, a statement of its findings to-gether with the reasons for disagreement, if any with the findings of the inquiring authority, should also be made available to the accused Government servant. 3. In this connection, It may be noted that reduction in pay or postponement of increment with retrospective effect except where the pay is held up at an efficiency bar is a major penalty which attracts the provisions of Article 311 (2) of the Constitution requiring the disciplinary authority to serve a show cause notice on the delinquent Government servant before imposing such a penalty. 4. It is impressed upon all officers that neglect in the due observance of the procedure prescribed in the Rules, is liable to vitiate the whole proceedings and the ultimate order passed therein. It may happen that though on merits the order of punishment may be fully justified, it may have to be set aside on account of some technical defect or irregularity committed in the conduct of the enquiry. This may often enable a guilty party to escape punishment, as also cause considerable financial loss to Government. It should be noted that glaring faults in procedure by officers conducting enquiries will be deemed a failure of duty and Government will be constrained to take suitable action against the defaulting officers. O.M.No.GAD 6 OSR 59, Bangalore, dated the 25th April 1959 Procedural instructions regarding Departmental Enquiries under the C.C.A. Rules. In para 4 of the Offical Memorandum issued with No.GAD 3 CAR 57, dated 14th December 1957, laying down the procedure for dealing with the request by a Government servant for an oral enquiry and/or to be heard in person it is stated that "an enquiry must be held where the Government servant asks for it" etc., The intention of the said rule is that an enquiry should be held only if the Government servant desires such enquiry and not otherwise. The word "WHERE" is used only in the above sense, and is not intended to

confer the right to choose venue of the enquiry on the Government servant. To place the matter beyond doubt, it is directed that the word "if" be substituted for the word "where" occurring in para 4 of the Official Memorandum referred to above line 10 of the printed copy. O.M.No.GAD 8 OSR, 59 dated 18th May1959 Sub:Supply of copies of Evidence, etc. to delinquent officers. In para 5 of the procedural instruction in regard to holding departmental enquires under the Mysore Civil Services (C.C.A) Rules, 1957, issued with O.M.No.GAD (OM) 3 CAR 57, dated the 14th December 1957, it has been stated that copies of such evidence as are required by the accused Government servant may be permitted to taken by him or at the discretion of the enquiry officer supplied to him. The question has been arised whether the supply of copies is to be free or charged for. It is hereby directed that normally the procedure should be that the Government servant himself should be permitted to take copies if he so desires and in this case there can be no charges. If in any particular case for special reasons, the enquiry officer feels that he should arrange to supply copies himself he may furnish uncertified copies and, consiering the labour involved a charge of 14 N.P. per 100 words may be levied. The enquiry officer should as far as possible should avoid the regular system of supplying copies and arrange that the delinquent official himself takes copies, as otherwise it will mean the setting up of a copying organisation in offices which have to deal with a large number of enquiries.

GOVERNMENT OF MYSORE No.GAD (S1) 23 SSR 59. Mysore Government Secretariat, Vidhana Soudha, Bangalore, Dated: 2nd July, 1959. Ashada 11 S.E. 1881. OFFICIAL MEMORANDUM Sub:"Warning" and "Censure" - Distinction between. Enquiries are being received by Government as to the distinction between "Warning" and "Censure". The main distinction is that an order of "Censure" is a formal and public act intended to convey that the person concerned has been held guilty of some blameworthy act or omission for which it has been found necessary to award him a formal punishment. And nothing can amount to a 'Censure' unless it is intended to be such a formal punishment and imposed for 'good and sufficient reasons' after following the procedure prescribed in the Mysore Civil Services (C.C.A) Rules 1957. A record of the punishment so imposedis kept on the Officer's confidential roll and the fact that he has been 'Censured' will have its bearing on the assessment of his merit or suitability for promotion to higher posts. 2. It is the duty of superior officer to see that he gives to his subordinates at all time advice, guidance and assistance to correct their faults and dificiencies. There may be occasions when a superior officer may find it necessary to criticise adversly the work of his subordinates (e.g. point out negligence, carelessness, lack of thoroughness, delays, etc)

or he may call for an explanation for some act or omission and taking all circumstances into consideration, it may be felt that, while the matter is not serious enough to justify the imposition of the formal punishment of 'Censure', it calls for some informal action, such as the communication of written warning, admonition or reprmand. 3. It is a matter of simple nature justice that written warnings, repremands etc., should not be administered or placed on a Government servant's confidential record unless the authority doing so is satisfied that there is good and sufficient reason to do so. Thus, if the circumstances, justify it, a mention may also be made of such a warning etc., in the officer's confidential roll; however, the mere fact that it is so mentioned in the character roll does not convert the warning etc., into a 'Censure', because it has not intended that a "Formal punishment" should be inflicted nor were any formal proceedings as required under the C.C.A. Rules held. The Heads of Departments are required to bear in mind this distinction between 'Warning' and 'Censure'. Sd/Under Secretary to Government, G.A.D. (Services-I). O.M.No.GAD (S-1) 44 SSR 59, Bangalore, dated 20th July 1959. Imposition of Penalty of reduction-specifying the period One of the penalties specified in Rule 8 of the Mysore Civil Services (Classification, Control & Appeal) Rules, 1957 is reduction to a lower service, grade or post. According to Rule 7 of Mysore Govt. Servants (Seniority) Rules, 1957 when a Government servant is reduced to lower service, class or grade without specifying the rank to which he should be reduced in the lower service, class or grade or the period for which he should be reduced, he is normally placed at the top of the lower service, class or grade. In such cases he will be eligible for promotion when the next vacancy in the higher grade occurs. In case such a vacancy arises immediately after a Government servant is reduced to a lower grade or class and the delinquent Government servant is promoted to the higher grade the intention underlying his reduction to a lower service or grade would be defeated. In order to avoid such contingencies, the disciplinary authorities are requested to see that while issuing orders imposing the penalty of reduction to a lower service, class or grade(a) the rank to which the Government Servants concerned should be reduced in the lower grade or service is expressly specified and (b) the period for which the reduction order should be in effect, i.e., during which he shall not be considered for promotion, is specifically mentioned. The result of such an order will be that the Government servant cannot be promoted (i.e., restored) to the higher grade until the period expires. After the period expires, he is not automatically restored to the higher grade but will be eligible to be considered for promotion when the next vacancy occurs. O.M.No.GAD (S-1)56 SSR 59, Bangalore, dated the 9th October 1959. Promotion of Government Servants whose conduct is under enquiry. Government has had under consideration the question whether a Government servant whose conduct is under enquiry should be considered for promotion if his seniority and previous record of service apart from the case under enquiry justify it. It is now directed

that a Government servant on whom charge sheet has been served after a prima facie case had been established against him should not be considered for promotion till the enquiry is completed. In case the Government servant is exonerated in the enquiry held against him and if his record of service is otherwise satisfactory as would entitle him for promotion, he should be promoted immediately after completion of the departmental enquiry, his seniority and rank remaining the same as would have been the case if there had been no departmental enquiry instituted against him. The Secretariat Department and Heads of Departments are requested to follow these instructions carefully in future. O.M.No: 6400/58-15, dated 24th March 1960. Sub:States Reorganisation - Appeals against orders of dismissal, removal or compulsory retirement from service passed by the pre-Reorganised Madras State prior to 1st November 1956 - Authority to dispose of - Decisions of the Government of India-Communicated. From the Government of India, Ministry of Home Affairs, letter No.21/3/58SR(S), dated 5th February 1960.

Ref:-

It has been brought to the notice of the Government that several officers in the service of the pre-Reorganised Madras State prior to 1st November 1956, who would in the normal course have been allotted to Kerala or Mysore State consequent on the Reorganisation of States, if they had been available for allotment just before the date of Reorganisation, but were dismissed, removed or compulsorily retired from service before that date, had before or after the date, preferred petitions or appeals against orders passed in their case by the pre-Reorganised Madras State. The question as to the State Government which should deal with such petitions or appeals, was examined by the Government in consultation with the Government of India. 2. The Government have decided to accept the decision of the Government of India in the matter and direct that the present Madras State which is the principal successor State in respect of the pre-Reorganised Madras State, should consider and decide on merits any appeal or petition preferred before or after the 1st November 1956 by an officer dismissed, removed, or compulsorily retired from service prior to 1st November 1956. If on a consideration of the merits of the case, it is decided by this Government to allow the appeal after undergoing all the procedures and formalities prescribed therefor and to reinstate the officer necessary orders should be passed by this Government and the officer should be reinstated in this State. Thereafter, the question of the allocation of the officer to the new Kerala or Mysore State, as the case may be, as if he was available for allotment on the 31st October 1956 should be taken up for consideration. If it is decided to allot the officer to any other State, the concurrence of the other State Government should be obtained. In cases of disagreement, the Government of India in the Ministry of Home Affairs, should be approached for passing necessary orders. 3. The Heads of Departments and the Departments of Secretariat are requested to take action as outlined in para 2 above and dispose of the appeals or petitions already pending with them and that may be received by them hereafter. 4. The receipt of this memorandum should be acknowledged. O.M.No: GAD 49 DIF 59, dated 8th April 1960. Sub:Procedure in respect of Disciplinary matter.

Ref:-

Circular letter No. GAD 36 DIF(Int) 58, dated 15th November 1958.

In paragraph 2 of Government of India, Ministry of Home Affairs, letter No. 21/3/58(S), dated 30th October 1958, a copy of which was forwarded to Heads of Department and Secretaries to Government for information with the Circular letter referred to above, it was suggested that appeals or petitions preferred before or after the 1st November 1956 by persons dismissed, removed or compulsorily retired from service prior to 1st November 1956 should be disposed of by the principal successor State and in case it was ultimately decided to reinstate the Government servant, the question of his allocation will be decided in consultation with the State Governments concerned. It was pointed out to the Government of India by certain State Governments that while following this procedure, difficulties were likely to arise in the cases of persons who were serving in an area which after reorganisation formed part of another State, as the conclusions arrived at by the Government of the principal successor State might not necessarily be acceptable to the Government of the other State and the latter might not agree to the reallocation of that person to that State. The Government of India have re-examined the matter in the light of the views expressed by the State Governments and have decided as follows:(i) The principal successor State should consider and decide on merits any appeal or petition preferred before or after the 1st November 1956 by an officer dismissed, removed or compulsorily retired prior to 1st November 1956. (ii) If on a consideration of the merits of the case, it is decided by the principal successor State to allow the appeal and to reinstate the officer, necessary orders may be passed by them and the officer should be reinstated in the principal successor State. Thereafter, they may take up the question of the allocation of the officer and deal with the matter as if the officer concerned was available for allocation on the 31st October 1956. (iii) If it is decided to allot the officer to any other State, the other Government's concurrence should be obtained. In case of disagreement the Central Government may be approached for passing necessary orders. The above decisions of the Government of India are communicated to the Secretaries to Government and Heads of Departments for information and future guidance in dealing with cases of disciplinary proceedings initiated before or after 1st November 1956. No.GAD 21 OSR 60, dated, Bangalore, 28th July1960 (Sravana 6, Saka Era 1882) According to Sub-Rule (5) of Rule 11 of the Mysore Civil Services (Classification, Control and Appeal) Rules, 1957, relating to the procedure for imposing major penalties, a Government servant against whom Departmental proceeding are being held, can take the assistance of another Government servant with the approval of the disciplinary authority, in presenting his defence before the Enquiry Officer. Government had under consideration in this behalf the question whether it is necessary to obtain in writing the consent of the latter and is now pleased to direct that the disciplinary authority should require the Government servant who desires another Government servant to assist him in presenting his defence, to produce the consent of that Government servant in writing and should also formally consult the Head of the Department concerned, before granting approval.

By Order and in the name of the Governor of Mysore, Sd/B.R.Verma, Under Secretary to Government, General Administration Department (O.M). O.M.No: GAD 35 SSR 60, dated 15th October 1960. Sub:Dismissal of Government Servants in public services. 2. Official Memorandum No. GAD 80 RSR 57, dated 4th January 1958. 3. Official Memorandum No. GAD 80 RSR 57, dated 4th February 1958. Ref:-1. Official Memorandum No. GAD 80 RSR 57, dated 9th May 1957.

In the Official Memoranda cited above instructions have been issued that all cases of dismissals of Government Servants should be reported to the Chief Secretary to Government in the General Administration Department (Services) every quarter for notification in the Mysore Gazette. According to these instructions, the return should be in the prescribed form and it should contain only the names of Government Servants (1) whose statutory appeals, if any, against their dismissal has been disposed of; and (2) those who have not preferred appeals against their dismissal within the time prescribed in the rules for preferring such appeals. 2. Experience has shown that the compilation of the return at the end of each quarter involves considerable labour and delay and that the purpose can equally be served by halfyearly returns instead of quarterly returns. It has therefore, been decided that beginning with the hlaf-year ending 31st December 1960, the return should be converted into a half yearly return. 3. It is therefore directed that all the cases of dismissals of Government Servants should be reported to Government every half year, in January and July. The return should invariably be in the prescribed from as in the Annexure and each column in the form should be correctly filled up without leaving any column blank. Nil returns should also be sent. ANNEXURE FORM 1. Name of the Person dismissed 2. Father's name 3. Educational qualification 4. Date and Place of birth 5. Place of residence 6. Marks of identification 7. Post held : : : : : : :

8. Reasons for dismissal

O.M.No.FD 92 SRS 60, dated: 1st December 1960. Sub:Clarification regarding Rule 59, Mysore Civil Services Rules. Doubts have been expressed as to the exact interpretation of Rule 59 of the Mysore Civil Services Rules, and therefore the following clarifications are issued for the information and guidance of all concerned. "Instruction" below Rule 59:"(a) Every order passed by a competent authority imposing on a Government servant the penalty of reduction to a lower stage in a time-scale should indicate. (i) the date from which it will take effect and the period (in terms of years and months) for which the penalty shall be operative; (ii) the stage in the time-scale (in terms of rupees to which the Government servant is reduced; and (iii) the extent (in term of years and months) if any, to which the period referred to at (i) above should operate to postpone future increments. It should be noted that reduction to a lower stage in a time-scale is not permissible under the rules either for an unspecified period or as a permanent measure. * Deleted by on No. FD 17 SRS 76 Dated 28th September 1978 [Also when a Government servant is reduced to a particular stage, his pay will remain constant at that stage for the entire period of reduction.] The period to be specified under (iii) should in no case exceed the period specified under the period specified under (i); (b) The question as to what should be the pay of a Government servant on the expiry of the period of reduction should be decided as follows:(i) If the order of reduction lays down that the period of reduction shall not operate to post-pone future increments, the Government servant should be allowed the pay which he would have drawn in the normal course but for the reduction. If however, the pay drawn by him immediately before reduction was below the efficiency bar he should not be allowed to cross the bar except in accordance with the he provision of rule 52; (ii) If the order specifies that the period of reduction was to operate to postpone future increments for any specified period the pay of the Government servant shall be fixed in accordance with (i) above but after treating the period for which the increment were to be postponed as not counting for increments. CIRCULAR NO: GAD 59 OAC 61, dated 30th September 1961. Sub:Criminal misconduct-Government Servants- Procedure to be followed. Several doubts have been expressed regarding the exact procedure to be followed in cases of criminal misconduct, committed by Government Servants. The following clarifications are issued in partial modification of instruction 20 of Procedural Instructions

issued in Official Memorandum No.GAD (OM) 3 CAR 57, dated 14th December 1957 and Circular No.GAD (S-1) 38 SSR 58, dated 30th October 1958, namely:1. Where officers are trapped or caught red-handed while accepting illegal gratification, the investigation should be continued and completed and regular charge-sheet in the Court of the concerned Special Judge should be filed. 2. Where cases are initiated by the police either suo motu or at the instance of the Head of a Department, If on completion of the investigation it is found that the evidence collected is not sufficient so as to warrant a conviction in a Court of law, the AntiCorruption Department or the Police Department, as the case may be, should consider and move the concerned Court for obtaining the relevant summary for dropping the proceedings. After obtaining such a summary the records of investigation should be forwarded to the Head of the Department who should decide about the sufficiency of the material for initiating a departmental enquiry under the M.C.S. (CCA) Rules, 1957 and take action accordingly. 3. Where departmental enquiries have been started without reference to the Police, such enquiries should be continued and completed according to the rules. If at any stage of the enquiry the Disciplinary Authority considers that the offences disclosed are so grave that a prosecution in a Court of law is essential in the interest of administration, then steps should be taken to lunch regular prosecution and the Departmental enquiry should be kept in abeyance. 4. It is impressed on all concerned that delay in the institution of criminal prosecution not only frustrates the object of the prosecution but may possibly affect the credit to be attached to the evidence that will be adduced in support of the prosecution. Delayed prosecutions are looked upon with suspicion by Courts. It is essential therefore that prosecution should normally be conceived at the earliest stage as soon as the offence is committed and detected. If in any case there is delay in launching a prosecution, then such cases should be continued only departmentally. 5. Where a prosecution ends in an order of acquittal, then the question of Departmental enquiry does not arise if the accused has been acquitted on merits. If the order of acquittal is on some technical ground, then the propriety of starting a Departmental enquiry should be considered on the merits of each case after a careful scrutiny of the judgement. O.M.No: GAD 12 OSR 61, dated 25th October 1961. Sub:Procedure to be followed in forwarding investigation papers to the AntiCorruption Department.

The Department of Anti-Corruption and Technical Audit (P.W.D) as at present constituted is responsible for investigations into(a) the allegations of inefficiency and corruption against Gazetted Officers; (b) to conduct Departmental Enquiries in cases where the Director, AntiCorruption, is appointed as an Enquiry Officer under Rule 14(A) of Mysore Civil Services (Classification, Control and Appeal) Rules, 1957; 2. The above character of duties should not be construed to exclude the responsibility of the heads of departments and the Secretaries to Government to look after the 'moral health' of Government Servants working under their control.

3. With this object in view, it is necessary that whenever representations containing allegations against Government Servants working in any department are received, the supervisory officers should in the first instance carefully scrutinise the allegations to see if 'prima facie' the allegations are serious or frivolous. In the latter event, it will be for the head of the department to give a summary disposal to the communication in question and file the papers. Where, however, preliminary study discloses the desirability or necessity of further probe, it will be the duty of the department to check on the allegations with reference to the available records or other relevant material held in the Office. If after this check more detailed and systematic investigation is considered desirable, a reference should be made to the Director of Anti-Corruption. It will be necessary to send all records connected with the allegations under references as well as the preliminary observations of the Department to the Director of Anti-Corruption. 4. In no case the communication containing allegations against Gazetted or nonGazetted Officers should be sent "mechanically" to the Director, Anti-Corruption without the considered views or observations of the department. 5. The Director of Anti-Corruption after conducting detailed investigations into the cases remitted to him by concerned, departments, will formulate his view precisely regarding the nature of allegations, the extent to which they have been substantiated by facts and the Officers who are to be held answerable. He will also propose appropriate action against the concerned officials, e.g., Departmental proceedings, Enquiry or Summary, departmental proceedings under Rule 12 or Criminal proceedings in a Court of Law. 6. The recommendation of the Director of Anti-Corruption on the above points together with the records of preliminary investigation will be sent to the Secretary of the Department concerned. 7. It will be the duty of the Secretary of the Department to examine the report of the Director of Anti-Corruption and record of investigation and after careful examination, obtain orders of Government on the following points:(a) Whether on the basis of the report of preliminary enquiry conducted by the Director, Anti-Corruption, prima facie case for holding a Departmental Enquiry has been made out or whether the case warrants criminal prosecution in the Court of Law. (b) If Departmental Enquiry is called for the Officer who should be appointed to conduct the departmental enquiry (it need not in all cases be conducted by the Director, Anti-Corruption. In fact, in large number of cases it will be desirable to appoint Departmental Officers as Enquiry Officers. (c) The officers against whom the enquiry is to be held and the charges on which the enquiry should be held. For this purpose, it will be necessary for the department to specify the proposed charges in the form of a draft. (d) The nature of proceedings, namely, whether Rule 11 or Rule 12 of the C.C.A. Rules should be applied. In the latter case it will not be necessary to appoint an Officer as an Enquiry Officer. The required notices under Rule 12 would have to be issued by the Secretariat Departmental concerned. (e) If enquiry under Rule 11 is decided upon, the time within which the enquiry should be completed, and

(f) any other relevant instructions that Government may like to issue, e.g., in cases where common proceedings are necessary against more than one Officer, specific direction of the Government to this Department under the relevant Rules would have to be issued. O.M.No: GAD 14 OSR 61, dated 13th November 1961. Sub:Supply of copies of documents to the delinquent official. Doubts often arise whether a particular document or set of documents asked for by a Government servant in a Departmental enquiry may be made available to him or not. The question of the extent of access to official records to which a Government servant is entitled under sub-rule (3) of Rule 11 of the Mysore Civil Services (Classification, Control and Appeal) Rules, 1957 has been examined in the light of the Official Memorandum issued by the Government of India (Ministry of Home Affairs No.F-30-5-61-AVD dated 25th August 1961) and the following clarifications are issued regarding the access to and/or supply of copies of the following documents to a Government servant:(1) Documents to which reference has been made in the statement of allegations; A list of documents which are proposed to be relied upon to prove the charge and the facts stated in the statement of allegations should be drawn up and supplied to the officer along with the charge sheet or as soon thereafter as possible, and the officer be permitted to inspect the documents mentioned in the list, if he so desires. (2) Documents and records not so referred to in the statement of allegations but which the Government servant concerned considers are relevant for the purpose of his defence; Such a request should ordinarily be acceded to. But it is open to the Government to deny inspection of these documents if in its opinion such records are not relevant to the defence of the case or it is not desirable in public interest to permit inspections. Where inspections or supply of copies of documents is denied, an order should be recorded in that behalf assigning reasons for the denial. (3) Statements of witnesses recorded in the course of (a) preliminary enquiry conducted by the Department or (b) investigation made by the Police; These statements can be used only for purposes of cross examination and the Government servant is called upon to discredit only those witnesses relied upon by the prosecution and as such the Government servant may be allowed access to the statements only of those witnesses who are proposed to be examined in proof of the charges or the facts stated in the statement of allegations, the demand for copies however being made when the witnesses are called for examination at the time of oral enquiry. However if the Government servant applies for copies of these statements the same may be furnished sometime prior to the cross-examination of the witnesses. (4) Reports submitted to Government or other competent authority including the disciplinary authority by (a) an officer appointed to hold a preliminary inquiry to ascertain facts, (b) by the Police after investigation; Such reports other than those referred to in clause (a) of sub-section (1) of Section 173 of the Code of Criminal Procedure, 1898 are usually confidential and intended only to satisfy the competent authority whether further action is called for, and as such it is not necessary to permit the Government servant to inspect these reports. Any reference to

such reports in the statement of allegations should be avoided as otherwise it would not be possible to deny access to these reports if required. The procedure with regard to supply of copies and documents has been indicated in O.M.No.GAD 8 OSR 59, dated 18th May 1959. It is not ordinarily necessary to supply copies of the various documents and it is sufficient if the Government servant is given such access as is permitted under the rules. A Government servant should not however be permitted to take photostat copies of the documents. GOVERNMENT OF MYSORE No.GAD (S-1) 43 SRR 62 Mysore Government Secretariat, Vidhana Soudha, Bangalore, dated 1st June, 1962. Jyeshta 11, S.E. 1884. CIRCULAR According to Rule 11 (5) of the Mysore Civil Services (Classification, Control & Appeal) Rules, 1957, Government servant against whom departmental proceedings are taken can take the assistance of another Government servant with the approval of the disciplinary authority in presenting his defence before the Enquiry Officer; but may not engage a Legal Practitioner for the purpose, unless the person nominated by the Disciplinary Authority or a specially empowered authority, as the case may be is a Legal Practitioner. This is in lieu of the assistance of the Legal Practitioner. It implies that the assisting Government Servant may do whatever a Legal Practitioner would do for his Client i.e., to cross-examine witnesses examined in support of the charges, examine defence witnesses and even argue. It has been brought to the notice of Government that a Government servant nominated under Rule 11 (5) of the said rules by an accused Government servant was not permitted by an Enquiry Officer to cross-examine witnesses in support of the charges and to argue the case for the defence, the contention being that Rule 11 (5) of the Classification, Control and Appeal Rules, permits an accused Government servant to take only the services of another Government servant and that such assistance cannot include the right to cross-examine the witnesses and to argue the case. The procedure adopted by the Enquiry Officer if this case is not correct. Government Servants are denied the benefit or expert legal practitioner in defending themselves and whatever little assistance they expect from their colleagues who are Government Servants, will be thwarted, if the enquiry officer does not permit a Government servant whose assistance, another Government servant takes under Rule 11(5) to cross-examine the witness. Government servant assisting another Government servant under Rule 11(5) of the Classification, Control and Appeal Rules should be permitted to do whatever a Lawyer would do for his Client viz. to cross-examine witnesses examined in support of the charges, examine defence witnesses and even argue the case. Sd/B.Purushotham, Uneder Secretary to Government, General Administration Department, (Services-1) OFFICIAL MEMORANDUM

NO.GAD (S.1) 33 SSR 61, BANGALORE, DATED: 27-6-62. (ASHADHA 6, SAKA ERA 1884) Sub:Failure to follow the prescribed procedure laid down for departmental proceedings against Government Servants for misconduct. Issue Instructions - reg. The following questions in connection with the reinstatement of dismissed/removed/ discharged Government Servants whose services have been terminated, have been considered. 1. Whether before the Government decide to reinstate an individual on grounds of equity, the concurrence of the Finance Department should be obtained for payment of pay and allowances for the intervening period, or whether the administrative authorities could themselves, after following the prescribed procedure reinstate the person and sanction payment of pay and allowances under Rule 99 of the Mysore Civil Services Rules. 2. Whether in cases of reinstatement on the grounds of dismissal/removal/discharge from or termination of service being held by a Court of Law or by an Appellate/reviewing authority to have been made without following the procedure required under Article 311 of the Constitution, payment of full pay and allowances for the intervening period is automatic and compulsory. 3. As regards Question No.1, it has been decided that the concurrence of the Finance Department will not be necessary for reinstating a Government servant if the authority which reinstates the Government servant is competent to appoint him. The question as to what pay and allowances should be allowed for the intervening period and whether or not the period should be treated as duty will be dealt with under Rule 99 of the Mysore Civil Services Rules. 4. Regarding Question No.2 stated in para 1 above, it has been decided that Rule 99 of the Mysore Civil Service Rules is inapplicable in cases where dismissal/removal/discharge from or termination of service is held by a Court of Law or by an Appellate/reviewing authority to have been made without following the procedure required under Art. 311 of the Constitution. In Such cases: (i) if it is decided to hold a further enquiry and the Government servant is deemed to have been placed under suspension from the date of dismissal/removal/ discharge/termination under Rule 10 of the Mysore Civil Services (Classification, Control and Appeal) Rules, 1957, the Government servant will be paid a subsistence allowance from the date he is deemed to have been placed under suspension, under Rule 98 of the Mysore Civil Services Rules, 1958. (ii) If the Government servant is not deemed to have been placed under suspension as envisaged under (i) above, the payment of full pay and allowances for the intervening period and treatment of that period as duty for all purposes will be automatic and compulsory, provided that:(a) the arrears should be paid subject to the law of limitation (b) where the reinstated Government servant has secured employment during any period between the dismissal/removal/discharge/termination and reinstatement, the pay and allowances admissible to him after reinstatement for the intervening period shall be reduced by the emoluments earned by him during such employment unless the

emoluments earned by him exceeds the pay and allowances admissible to him provided that the amount to be paid under (i) and (ii) above will be determined subject to the directions, if any, in the decree of the Court regarding arrears of salary. 5. As the dismissal/removal/discharge/termination of service of a Government servant without following the procedure laid down in the Mysore Civil Services (Classification, Control and Appeal) Rules, 1957, results in the payment of arrears by way of pay and allowances, the need for meticulously observing the proper procedure in such cases is once again impressed on all concerned. In all cases where the circumstances leading to a Government servant's reinstatement reveal that the authority which terminated his services, either wilfully did not observe, or through gross negligence failed to observe, the proper procedure before terminating the services of any Government servant, proceedings should be reinstituted against such authority under the Mysore Civil Services (Classification, Control and Appeal) Rules, 1957 and the question of recovering from such authority the whole or part of the pecuniary loss arising from the reinstatement of the Government should be considered. GOVERNMENT OF MYSORE No.GAD 6 SIN 62 Mysore Government Secretariat, Vidhana Soudha, General Administration Department (Services -2), Bangalore, dated 2nd April 1963. Chaitra 12 Saka Era 1885. OFFICIAL MEMORANDUM Sub: Orders of dismissal, removal or compulsory retirement of Government Servants from service set aside by Courts - Issue instructions for guidance of competent authorities.

It has been brought to the notice of Government that in many cases there has been undue delay on the part of competent authorities in taking appropriate action whenever an order dismissing, removing or compulsorily retiring a Government servant from service has been set aside by the Courts. Delays in such cases are not excusable. In order to ensure that delays in such matters do not occur, Government are pleased to issue the following instructions for the guidance of competent authorities. 2. According to sub-rule (4) of rule 10 of the Mysore Civil Service (Classification, Control & Appeal) Rules, 1957, when a penalty of dismissal, removal or compulsory retirement from service imposed on a Government servant is set aside or declared to render void in a consequence of a decision of a court of law, if the Disciplinary Authority, on a consideration of the circumstances of the case, decides to hold a further enquiry, the Government servant shall be deemed to have been placed under suspension by the Appointing Authority from the date of the original order of dismissal, removal or retirement and shall continue to remain under suspension until further orders. Consequently, the question of reinstatement of the concerned Government Servant should be decided after considering the feasibility of holding a fresh or a further enquiry into the matter. There may be cases where the competent authority finds that it is not expedient to hold a fresh or further enquiry because by lapse of time, evidence which was originally

available is not longer available. In such cases, a decision should be taken, and where the original order had been the subject matter of an appeal to a higher authority with the approval of that authority, and the Government servant should be reinstated as soon as possible after the orders of the Court. 3. In cases where it is decided to hold a fresh or a further enquiry, it is open to the competent authority to reinstate the Government servant concerned if his continuance on duty would not prejudice the fresh or further enquiry so instituted or the gravity of the misconduct is not such as to be in-expedient in public interests to allow him to hold office. The important question will be whether in the light of the charges, the Govt. servant may be allowed to function in office or should be continued under suspension. Any decision for reinstatement depends on the decision of the competent authority on this question. 4. Where an appeal is preferred against the decision of the Court no action should be taken under these instructions except with the approval of the Government. 5. The above instructions should be followed scrupulously and no delay should be allowed to occur between the date of the direction of a Court and action by the competent authority consequent upon the decision. Sd/K.Narayanaswamy, Chief Secretary to Government. GOVERNMENT OF MYSORE No.GAD 46 OAC 64 Mysore Government Secretariat, Vidhana Soudha,Bangalore, dated the 16th June 1964. Jyeishta 26, SE. 1886. CIRCULAR Sub:Requisitions for Records required for purposes of investigations and inquiries by officers of the Anti-corruption Department -

In Circular No.GAD 18 EAD 57 dated the 26th March 1957, all Heads of Departments, Divisional Commissioner and Deputy Commissioners were instructed to comply promptly and without under delay, all requisitions from the Special Officer (now Director Anti-Corruption) for any record, report or information required for purposes of investigation. The Director, Anti-Corruption and Inspection has brought to notice of Government that some offices are not complying with the requisition of the Investigating Officers of his Department on a literal interpretation of the Circular mentioned above and that in order to avoid delay in sending every requisition for record under his signature, he has suggested that requisition signed by him or by any officer authorised by him may be accepted and acted upon by all officers. 2. On a consideration of all aspects of the matter it is hereby clarified that all requisitions for records, reports etc., received from the Director, Anti-Corruption and Inspection or any Gazetted Officer under him may be accepted and honored by all Presiding Officers incharge of Government Offices and institutions. If in any case the head of the Office feels that any particular document or record should not be made available to the Officer of the Anti-Corruption Department, he has to report the facts of the

case and the reasons for withholding the document and seek orders of his immediate superior gazetted officer and intimate the anti corruption department of the action taken. Such authority has to consider the matter in all aspects without delay and explain the reasons why any document is withheld. 3. These instructions may be communicated to all concerned for guidance. P. Venkatraman, Deputy Secretary to Government, General Administration Department (Political & O & M)

GOVERNMENT OF MYSORE No.GAD 31 SRR 64 Mysore Government Secretariat, Vidhana Soudha, Bangalore, dated: 24-11-1964 OFFICIAL MEMORANDUM Sub: Instructions regarding preparation and submission of half yearly returns of dismissed Government Servants. 2. O.M.No.GAD 80 RSR 57, dt: 4-1-1958. 3. O.M.No.GAD 80 RSR 57, dt: 4-2-1958. 4. O.M.No.GAD 35 SSR 60, dt: 15-10-1960. Instructions have been issued in the Official Memorandum cited above that all cases of dismissal of Government Servants should be reported to the Chief Secretary to Government in General Administration Department every half year in the prescribed proforma for notifying in the Mysore Government Gazette. To avoid the present cumbrors procedure of reporting cases of dismissal of Government Servants to Government in General Administration Department for consolidation and then forwarding the copies of such notifications to all the Appointing Authorities under the State Government and other State Government for information and guidance, Government consider that it would be appropriate if all such information is sent to the Deputy Inspector General of Police (CID) of the State as this will facilitate the Deputy Inspector General of Police (CID) to have a proper check of all cases referred to him for verification of the character and antecedents of candidates selected for appointment to public services. Deputy Inspector General of Police (CID) will have to maintain a record of such names for giving the required certificate whenever asked for by any appointing authority. Generally, persons convicted of offences involving moral turpitude or who have been dismissed from service or debarred for future employment by the Government of India or any State Government or any Local Body should be deemed ineligible for appointments under the Mysore Government.

Ref:1. O.M.No.GAD 80 RSR 57, dt: 9-5-1957.

It is therefore directed that particulars of all cases of Government servants dismissed from service or debarred from future employment under the Government should in future be forwarded by the Heads of Department/Appointing Authority to the Deputy Inspector General of Police (CID) Bangalore of the State and to the Superintendent of Police of the District where the Government servant concerned is a permanent resident in the form enclosed instead of sending them to Government in the General Administration Department. These lists should be sent before the 5th of every month and if there are no instances of dismissals etc., a 'nil' reports should be sent, the Deputy Inspector General of Police (CID) will compile the information so received from all Heads of Department/appointing authorities and publish a consolidated list received, by the 5th June and 5th December in the Mysore Government Gazette once in six months. The Deputy Inspector General of Police (CID) will circulate a copy of this list to the Director, Central Intelligence Bureau, New Delhi and Deputy Inspector General of Police (CID) of other State Governments. There is no need to circulate a copy of this list to the Heads of departments or to the Recruiting Authorities in Mysore State. They will however checkup from the Mysore Gazette whether any of the candidates selected for appointment have either been dismissed or debarred from services. The Inspector General of Police (CID) will also similarly collect names of such dismissed / debarred, persons from the Director of Central Intelligence Bureau, New Delhi and Deputy Inspector General of Police (CID) of other State Governments. Whenever Heads of Departments and Appointing Authorities have to make appointments of persons from other states they should make a reference to the Deputy Inspector General of Police (CID), as to the character and antecedents of such persons. In the case of dismissed/debarred State Government Servants who are permanent residents of Calcutta, Bombay, Madras, such particulars should be sent by the Deputy Inspector General of Police (CID) Bangalore to the Commissioner or the Deputy Commissioner of Police who is incharge of Special Branch in those State Governments. The Deputy Inspector General of Police (CID), Bangalore is also requested to collect similar particulars of persons who are permanent residence in the cities of Calcutta, Bombay and Madras and who have been dismissed or debarred from State Government service. The above procedure is also applicable to all Panchayat Municipalities, District and Taluk Boards and other Local Bodies and State Government Undertakings. The Administrative Departments of the Secretariat are therefore requested to issue suitable instructions to the Local Bodies and Public Undertakings under them to send particulars of dismissed/debarredofficials employed under them to the Deputy Inspector General of Police (CID) of the State through their Heads of Department. sd/C.K.Seshadri, Deputy Secretary to Government GAD (Pol. and O.M.) Annexure to Official Memorandum No.GAD 31 SRR 64, dt: 24-11-1964. FORM

Name of the Person dismissed Father's name Educational qualification Date and Place of birth Place of residence Marks of identification Post held Reasons for dismissal CONFIDENTIAL Sub:: : : : :

: :

Public Service-circumstances under which a Government servant may be placed under suspension-instructions regarding. GOVERNMENT OF MYSORE Mysore Government Secretariat, Vidhana Soudha, Bangalore, dated 26th Feb. 1965. OFFICIAL MEMORANDUM

No.GAD 21 SSR 65

On the recommendation of the Committee on Prevention of Corruption, the Government of India, Ministry of Home Affairs have issued certain instructions, in their Confidential Official Memorandum No.43/56/64-AVD dated 22-10-1964, for consideration of the disciplinary authority as a guiding factor when Central Government Servants may be placed under suspension. Based on these instructions, the State Government have decided that while public interest should be the guiding factor in deciding to place a Government servant under suspension, and the disciplinary authority should have the discretion to decide this taking all factors into account the following circumstances are indicated in which a disciplinary authority may consider it appropriate to place Government servant under suspension. These are only intended for guidance and should not be taken as mandatory. (i) Cases where continuance in office of the Government servant will prejudice the investigation, trial or any enquiry (e.g.apprehended tampering with witnesses or documents); (ii) Where the continuance in office of the Government Servant is likely to seriously subvert discipline in the office in which the public servant is working; (iii) Where the continuance in office of the Government servant will be against the wider public interest (other than those covered by (i) and (ii) such as there is a public scandal and it is necessary to place the Government servant under suspension to demonstrate the policy of the Government to deal strictly with officers involved in such scandals particularly corruption, (iv) Where allegations have been made against the Government servant and the preliminary inquiry has revealed that a prima facie case is made out which would justify his prosecution or his being proceeded against in departmental

proceedings, and whether the proceedings are likely to end in his conviction and/or dismissal, removal or compulsory retirement from service. NOTE: (a) In the first three circumstances, the disciplinary authority may exercise his discretion to place a Government servant under suspension even then the case is under investigation and before a primafacie case has been established. (b) Certain types of misdemeanor where suspension may be desirable in the four circumstances mentioned are indicated below:(i) any offence or conduct involving moral turpitude. (ii) corruption, embezzlement or misappropriation of Government money, possession of disproportionate assets, misuse of official powers for personal gain. (iii) serious negligence and dereliction of duty resulting in considerable loss to Government. (iv) desertion of duty; (v) refusal or deliberate failure to carry out written orders of superior officers. In respect of the type of misdemeanour specified in sub-clauses (iii), (iv) and (v) discretion has to be exercised with care. The Secretaries to Government and Heads of Department are requested to being the above instruction to the notice of all concerned confidentially for guidance. sd/C.R.Sheshadri, Deputy Secretary to Government GAD., (POL., & O & M) GOVERNMENT OF MYSORE No.GAD 105 SRR 64 Mysore Government Secretariat, Vidhana Soudha, Bangalore, dated the 23rd March 65. OFFICIAL MEMORANDUM Sub:Public Services - Departmental Proceedings against Government Servants involved in cases of fraud, embezzlement, loss of Government money etc. instructionsCircular No.GAD (S-1) 38 SSR dated, 30th October 1958.

Ref:

Instances have come to the notice of Government where prompt action has not been taken against Government Servants involved in loss of Government money due to fraud, embezzlement, etc., It is very important to avoid delay in such cases in investigation since any delay in taking action either departmentally or by recourse to original proceedings results in loss to Government in as much as the amounts misappropriated

become irrecoverable due to the fact the Government Servants concerned either retire or are dead. 2) It has also been noticed that in cases of fraud or embezzlement by Government Servants, there is a tendency on the part of the Head of the Office or a Department to consider that lodging a criminal complaint saves the trouble of initiating departmental proceedings and is therefore easier to have recourse to it. As soon as cases of loss of Government money come to notice, prompt action should be taken to investigate the same and fix the responsibility, both directed and indirect for the loss on the persons involved and to decide as to who among them should be prosecuted or in whose cases departmental proceedings would suffice or are possible irrespective of the decisions to prosecute all or some of the delinquents in a Court of Law, departmental proceedings may be commenced against all of them without undue delay and such proceedings should be carried as far as possible, short of the stage of recording of a finding and imposing a penalty, before the case against those whom it is decided to prosecute is put in Court. When a charge sheet is filed against any one of the delinquents in a Court of Law, the departmental proceedings against him should be stayed. It should be formally resumed or concluded or dropped according to the merits of the case after the decision of the court is available. If the subject matter of the charge-sheet in a criminal court is also a point of issue or relevant fact with respect to disciplinary proceedings against other delinquents, then the entire proceedings shall have to be stayed, and if the subject matter of the charge-sheet in a Court of Law and the charge framed in the disciplinary proceedings against the other delinquents are not the same but distinct, then the departmental proceedings should be continued. The stage upto which departmental proceedings prior to prosecution, should be taken must however depend on the circumstances of each case and cannot be precisely defined. Where it appears that recourse to judicial proceedings is likely to be involved, competent legal advice should be taken by the departments concerned and where there is a reasonable suspicion of fraud or other criminal offence, a prosecution should be the rule unless the legal advisers consider that evidence available is not such as will secure a conviction. If the accused government servant is convicted by the court and awarded an adequate sentence the departmental proceedings against him should be formally completed and proceedings against other delinquents continued. If the accused is not convicted, or the accused is inadequately punished, the departmental proceedings against him will be resumed as also against the remaining delinquent government Servants. 3. As regards the question of taking action against government Servants who by their failure to prevent fraud or embezzlement have also become responsible for the loss of government money, in the case of such government Servants also departmental proceedings should be commenced along with the actual miscreants without any delay irrespective of the question of prosecuting them in a court of law. However, it may not be possible to take a final position on the charges against such government Servants until the Court's findings against such principle offenders are available. The administrative authority concerned should decide on the basis of the facts and records of each case how far and in what cases he can proceed departmentally at once against such government Servants. It is difficult to lay down any hard and fast rule when the departmenta proceedings against such a Government Servants. It is difficult to lay down any hard and fast rule when the departmental proceedings against such a government Servants without assuming or even referring to the guilt of the principle offenders and without pre-judging the issue before the court and thus avoid committing contempt of court. The authorities concerned will have to find out that the evidence already avoidable would be sufficient and in any case they may get written copies of such documents as may have to be put in a Court.

4. All Heads of Departments are requested to go through these instructions carefully and bring them to the notice of all concerned. The departmental proceedings of loss of government money should be dealt with as expeditiously as possible and where the loss of government money is due to failure on the part of the officers concerned for proper supervision of accounts, the matter will have to be viewed seriously in accordance with these instructions. Sd/K.Balachandran, Chief Secretary to Government. GOVERNMENT OF MYSORE No.GAD 129 SRR 65 Mysore Government Secretariat, Vidhana Soudha, Bangalore, dated 29th Dec. 1965. OFFICIAL MEMORANDUM Sub:Ref:Preparation and submission of half-yearly returns of dismissed/debarred Government Servants - Further instructions regard O.M.NO.GAD 31 SRR 64 dated 24th November 1964.

Instructions have been issued in the Official Memorandum cited above, that all cases of dismissal of Government Servants should be reported to the Deputy Inspector General of Police (C.I.D.) Bangalore for compilation and publication in the Mysore Government Gazette. Generally persons convicted of offences involving moral turpitude or who have been dismissed from service/debarred from future employment by the Government of India or any State Government or any Local Body are deemed ineligible for appointments under the Government of Mysore. It has come to the notice of Government that a certain Heads of a department included in the list of dismissed Government Servants, the name of a local candidate whose services were terminated on the expiry of the leave vacancy and also due to his misconduct. It was also stated that his services would, in the normal course, have been terminated with the reporting to duty of the regularly recruited candidate as he was only a local candidate. It is hereby clarified that the returns of dismissed/debarred Government Servants should include only the names of Government Servants on whom the penalty of dismissal from service has been imposed as a result of disciplinary action taken against them under the Mysore Civil Services (Classification, Control & Appeal) Rules. It should also include the names of Government Servants who have been dismissed from service as a result of conviction for criminal offices. Termination of services of a local candidate as a result of any other cause viz., ceasing of that vacancy, termination of leave vacancy, otherwise than as a penalty cannot be creation for inclusion of names in the list of dismissed/debarred Government Servants. Every Government servant has a right to appeal to the extent and to the authorities as provided for under the Mysore Civil Services (Classification, Control & Appeal) Rules against the orders imposing any of the penalties specified in the said rules. It is not therefore appropriate to include the names of any dismissed Government Servants in the list of dismissed Government Servants until after the expiry of the period

allowed for such appeal or if an appeal is made within the period, till the disposal of the appeal. The Secretaries to Government and Heads of Departments are requested to observe these instructions while sending the returns to the Deputy Inspector General of Police (C.I.D.) Bangalore. K.S.N.Murthy, Dy. Secy. to Government, General Administration Department, (Services) GOVERNMENT OF MYSORE Chief Secretariat (GENERAL ADMINISTRATION DEPARTMENT) No.GAD 171 SSR 63, dated 2nd Feb. 1966 OFFICIAL MEMORANDUM Sub :- Departmental enquiries under Rule 14 of the Mysore Civil Services (Classification, Control & Appeal) Rules, 1957. Issues Clarifications re.Rule 14 of the Mysore Civil Services (Classification, Control and Appeal) Rules, 1957, (as amended by Notification No.GAD 62 SSR 65, dated 21st August 1965), provided that, where an officer against whom a departmental enquiry is initiated has absconded, or where such officer does not take part in the inquiry or where for any reasons to be recorded in writing, it is impracticable to communicate with him, or where the Disciplinary Authority, for reasons to be recorded in writing, is satisfied that it is not reasonably practicable to follow the procedure prescribed in the said rules, the Disciplinary Authority may consider the circumstances of the case and pass such orders thereon as it deems fit. 2. The circumstances in which an inquiry can be proceeded within the absence of an accused person are clearly laid down in the rule itself. However, as it is necessary in all such cases to ensure that no irregularity in the procedure occurs which may vitiate the orders passed, the following clarifications are hereby issued for the information of all the Disciplinary and Inquiring Authorities:(a) The Disciplinary Authority should satisfy himself that there are circumstances warranting an ex-parte inquiry and pass an order in that behalf: (b) Thereafter the Inquiring Authority should bring on record the evidence in support of the charge or charges and record his findings and submit his report to the Disciplinary Authority;

(c) The Disciplinary Authority shall consider the record of such enquiry and after satisfying himself that the charge or charges are proved, pass further orders. sd/K.Balachandran, Chief Secretary to Government. GOVERNMENT OF MYSORE Chief Secretariat (GENERAL ADMINISTRATION DEPARTMENT) Circular No.GAD 18 SSR 66 dated 2nd March 1966 CIRCULAR Instructions to officers to offer co-operation in giving evidence, etc., in any Enquiry by Enquiry Officers during enquiry proceedings under C.C.A. Rules and Vigilance Commission Rules. IssuesIt has been reported by the Director of Vigilance that a Senior Officer of Government was reluctant to come before the Enquiry Officer and give evidence in a disciplinary proceedings. Even when he came, he raised all sorts of objections to answer the questions during the time of cross-examination. A witness has no right to content that the question put to him is irrelevant. It is entirely left to the discretion of the enquiry officer to decide as to the nature of the questions that may be put to witnesses. Since Government's intention in framing the C.C.A. Rules and also in conducting enquiries is to find out the truth as to whether any allegation made against an officer is proved or not, it is the duty of every Government servant to come and give evidence before an Enquiry Officer irrespective of the fact whether the accused officer is a subordinate or not. Therefore, it is hereby impressed that all officers/Government Servants should offer their fullest co-operation to the Vigilance Commission in any enquiry without any mental reservation, either during the examination-in-chief or during cross-examinations. sd/K.S.N.Murthy, Deputy Secretary to Government, General Administration Department, (Services). GOVERNMENT OF MYSORE No.GAD 80 SSR 65. Mysore Government Secretariat, Vidhana Soudha, Bangalore, dated 11th April, 1966. OFFICIAL MEMORANDUM

Sub:-

Promotion of Government Servants involved in Departmental Enquiries.

Instructions have been issued in Official Memorandum No.GAD (S.1) 56 SSR 59, dated 9th October 1959 in the matter of promotion of Officers whose conduct comes under Departmental enquiry and who are subsequently exhonerated. 2. Government have considered the question further and in modification of the instructions contained in the Official Memorandum cited in para 2 above, hereby issue the following instructions for the guidance of the appointing and disciplinary authorities. (a) While considering the question of promotion of a Government Servant from one grade to another, the fact that a departmental enquiry is pending against him whatever may be the stage of the enquiry, should not be taken into consideration except in those cases where the Government Servant is under suspension. In determining the quantum of punishment at the culmination of the enquiry, the fact that the Officer has in the meantime been promoted may of course be taken into account. (b) If the offence for which a departmental enquiry is started against a Government Servant is so serious that his further promotion would not be in public interest, the Government Servant concerned should be placed under suspension forthwith and the question of his promotion, if any, should be decided after completion of the enquiry in accordance with instructions issued in O.M. dated 9-10-1959. 3. All Departmental enquiries should be completed within a period of six months in order to avoid hardships to the accused Government Servants. Officers and Officials responsible for delay in holding and finalising departmental enquiries will be held personally responsible, if inordiante delays come to Government's notice. sd/K.Balachandran, Chief Secretary to Government. GOVERNMENT OF MYSORE No.ED 34 RPS 67. Mysore Government Secretariat, Vidhana Soudha, Bangalore, dated 27th April 67, Vysk.7 Saka Era 1889. CIRCULAR Ref:Letter No.G.6598, dated 15-12-1966 from the Compiler, Mysore Gazette. A number of Notifications or notices regarding unauthorised absence of Government Servants of Class-III and Class-IV are being received in the office of the Compiler, Mysore Gazette, for publication in the Mysore Gazette. In some cases, the Government Servants who have been repatriated or reverted back to the parent Department do not immediately report to duty inspite of instructions or do not resume duty inspite of recall notice when they are on leave, or do not obey the transfer orders and remain absent unauthorisedly. The question whether publication of such notifications or notices in the Mysore Gazette is necessary, particularly in view of the need for economy in Government

expenditure, has been examined and the following instructions are issued for the guidance of all the concerned:In view of the provisions contained in Rules 106-A to 108 of the M.C.S. Rs, it is not necessary to publish in the Government gazette all the notices, Memos etc., served on the Government Servants who are absent anauthorisedly. Only the final notice in cases where the Government Servants have not replied to the usual notice or in cases when the whereabouts of the Government Servants are not known for a considerable time and when disciplinary action is proposed to be taken need be published in the Mysore Gazette for information as it is a statutory requirement. Unless such a notice is published in the Mysore Gazette, no action can be taken to terminate the services of any Government Servant who is absconding or has remained absent unauthorisedly for a long time. GOVERNMENT OF MYSORE No.GAD 42 PVC 66. Mysore Government Secretariat, Vidhana Soudha, Bangalore, dated 5th August, 1967. OFFICIAL MEMORANDUM Sub:Stipulation of time limit for completing the Departmental Enquiry entrusted by government to the State Vigilance Commission.

It has been brought to the notice of Government by the State Vigilance Commission, that the disciplinary authority while entrusting the enquiry to the District Officers are stipulating time limit when enquiry officers are appointed under Rule 11 (2) of the Mysore Civil Services (Classification, Control & Appeal) Rules, 1957. Disciplinary authorities need not stipulate any time limit when enquiry officers are appointed under Rule 11 (2) of the Mysore Civil Services (Classification, Control and Appeal) Rules 1957, and Enquiries entrusted to them. If the disciplinary authority so desire it may separately cause a letter to be issued to the Enquiry Officer impressing on him the need for completion of the Enquiry as early as possible for reasons to be stated in writing such as, the accused Officer being kept under suspension, or his reaching the age of superannuation within a short period time, or such other reasons as may be warranted in the case. sd/B.R.Deenadayal, Deputy Secretary to Government, General Administration Department, (General) Copy of letter No.GAD 54 SRR 67, dated 14/16th September 1967 from the Chief Secretary to the Government of Mysore, Bangalore, addressed to the State Vigilance Commissioner, Bangalore. Sub:Continuance of Departmental Proceedings after retirement - Application of new Rule 214 of M.C.S. Rs.

With reference to your note bearing No.ADM.1996-120/ 66-67 dated 28th March 1967, on the above subject, I am directed to state that the matter has been got examined and it is clarified that disciplinary proceedings under C.C.A. Rules cannot be continued after the retirement of an officer, but that such proceedings may be continued or initiated

as departmental proceedings under Rule 214 of Mysore Civil Service Rules, if circumstances of the case satisfy the conditions of this Rule. 2. In a case, therefore, where disciplinary proceedings have been started prior to the retirement of the officer or during re-employment and if such proceedings were to be continued as departmental proceedings after retirement or final retirement, as the case may be, it would be necessary to make an order that the proceedings shall be continued as departmental proceedings for purposes of Rule 214 after the retirement of the officer. sd/R.Thippoji Rao, Deputy Secretary to Government, General Adminstration Department (Services). GOVERNMENT OF MYSORE (FINANCE DEPARTMENT) O.M.No.FD 133 SRS 67 dated 3rd January 1968 OFFICIAL MEMORANDUM Withholding/Withdrawal of Pension under Rule 214 of the Mysore Civil Services Rules Issues clarifications re.According to proviso (a) of Rule 214 of the Mysore Civil Services Rules, departmental proceedings, if instituted while the officer was in service, whether before his retirement or during his re-employment, shall, after the final retirement of the officer, be deemed to be proceedings under the said Rule and shall be continued and concluded by the authority by which it was commenced in the same manner as if the officer had continued in service. A question has been raised whether in the case of an officer whose case falls within the purview of the aforesaid proviso and proceedings against whom were instituted by an authority subordinate to the Governor, order for withdrawal/withholding of pension can be passed by the subordinate authority on the conclusion of the proceedings or that authority should refer the case to the Governor for final orders. The matter has been considered and the undersigned is directed to clarify that the function of the Disciplinary Authority is only to reach a finding on the charges and to submit a report recording its findings to Government. It is then for the Government to consider the findings and take a final decision under Rule 214 of the Mysore Civil Services Rules. In case Govt. decide to take action under Rule 214 of M.C.S.Rules in the light of the findings of the Disciplinary Authority, the Government will serve the person concerned with a show-cause notice within such time as may be specified by the Government. The Government will consider the reply and consult the Mysore Public Service Commission. If as a result of such consideration in consultation with the Commission, it is decided to pass an order under Rule 214 of M.C.S. Rs. necessary orders will be issued in the name of the Governor. The procedure outlines in the preceding paragraph in regard to the issue of showcause notice will also apply to a case where the Governor functions as the Disciplinary Authority. sd/C.N.Subba Rao,

Special Officer, Finance Department (Pensions). GOVERNMENT OF MYSORE No.GAD 25 SSR 68 Mysore Government Secretariat, Vidhana Soudha, Bangalore, dated the 26th June 1968. OFFICIAL MEMORANDUM Sub:Procedurein Disciplinary cases - Withholding of increments. In Para 3 of Circular No.GAD (S-1) 35 SSR 58 dated 8th January 1959 the Government have pointed out that reduction in pay or postponement of the increment with retrospective effect, except where the pay is held up at an efficiency bar, is a major penalty which attracts the provisions of Article 311 (2) of the Constitution. It would follow that if the procedure prescribed under the Mysore Civil Services (Classification, Control & Appeal) Rules, 1957 for the imposition of a major penalty is not followed, the enquiry proceedings would become vitiated and the penalty would become illegal. Inspite of these clear instructions, it has come to the notice of the Government that increments, which had accrued due but were not actually granted and paid to the concerned Government servant, are being ordered to be withheld under Rule 12 of the C.C.A. Rules as a measure of penalty. On a Write Petition filed by the aggrieved Government servant against the said punishment, the High Court of Mysore has held that such a punishment is a major punishment as it would amount to reduction in pay and consequently, a reduction in rank, and that the procedure laid down in Rule 11 of the C.C.A. Rules Should have been followed. The attention of all the Disciplinary and Appellate authorities under the C.C.A. Rules is once again invited to the legal position that an increment which had already accrued due, can be stopped/withheld only in case where an enquiry under Rule 11 of the C.C.A. Rules has been held. sd/W.A.Smith, Under Secretary to Government, General Administration Department, (Service Rules). GOVERNMENT OF MYSORE No.GAD 47 SSR 68 Mysore Government Secretariat, Vidhana Soudha, Bangalore, dated the 17th September 1968. OFFICIAL MEMORANDUM Sub:Publication of Notices in respect of Departmental proceedings against Government Servants.

In Circular No.ED 34 TPS 67 dated 27th April 1967, it has been brought to the notice of the Disciplinary Authorities that in cases where a Government Servant is absconding or has remained absent unauthorisedly for a long time, it is necessary that a notice specifying the penalty to be imposed should be published in the Mysore Gazette. 2. In clarification of the abovesaid Circular, the Disciplinary Authorities are hereby informed that it is not necessary to publish along with the notice a copy of the enquiry

report or other document concerned in the enquiry. Legal requirements would be met if only the notice containing briefly the substance of the charges held to be proved, the penalty proposed to be imposed and directing the delinquent official to submit his explanation within a fixed time after publication in the Mysore Gazette be published in the Mysore Gazette. The Disciplinary Authority can proceed to pass final orders only after the expiry of the period mentioned in the notice. 3. This Procedure should also be followed in cases where ex-parte proceedings in accordance with rule 14 of Mysore Civil Service (C.C.A) Rules and the instructions contained in Official Memorandum No.GAD 171 SSR 63 dated 2nd February 1966 are conducted. sd/W.A.Smith, Under Secretary to Government, General Administration Department, (Service Rules). GOVERNMENT OF MYSORE No.GAD 57 PVC 68 Mysore Government Secretariat, Vidhana Soudha, Bangalore, Dated 18th-21st October 1968. OFFICIAL MEMORANDUM Sub:Disposal of cases received from the State Vigilance Commission -Stipulation of time limit.

Under the Mysore State Vigilance Commission Rules 1965 after the enquiry into any particular case has been completed, the State Vigilance Commission will forward to the Government, the records of the case with the findings of the Inquiry Officer and its recommendations thereon. Thereafter, the concerned Secretariat Department has to examine the case in consultation with the Public Service Commission, where such consultation is necessary under the Mysore Public Service Commission (Consultation) Regulations, 1958, and obtain orders of the Government by placing the subject before the Cabinet, if necessary. 2. I had an opportunity to scrutinise and discuss some of the pending cases with the concerned secretaries. It was found that in many cases, there was unconscionable delay in taking a decision and/passing final orders of Government in certain cases, well over two years have elapsed since the recommendations of the Commission were received, but formal orders of Government have still to issue. 3. Most of the cases have to pass through the following stages where, in varying degrees, delays are caused:(1) Delay in examination of the recommendations of the Vigliance Commission: Normally, it should not be difficult for the Department to carefully go through the recommendations of the Commision together with the relevant records in any particular case within a period of two to three weeks from the date of the receipt of the papers from the Commission. At any rate, as all Vigilance cases have to be accorded very high priority, there is no reason why delay in examination at this stage should not be out to the bearest minimum. (2) Delay in issue of Show Cause Notice to the accused official:

In fact, there is no justification for the delay at this stage because after the case has been examined in the light of the recommendation of the Commission, in most cases the issue of show cause notice calling upon the accused to furnish his explanation against the punishment proposed, is an inevitable step. All this is required after the necessary examination has been done, is to draft the notice and this need not take more than one or two days. (3) Reply to the Show Cause Notice: Normally, a time limit of 15 days is specified in the show cause notice. This should be adhered to rigidly and in no case more than one week's extra grace period should be allowed. The total time accounted by this stage of the proccedings: i.e., between the issue of the show cause notice and the receipt of the reply, must not exceed three weeks. (4) Examination of the reply from the accused Officer to the Show Cause Notice: There is no reason why such an examination should take more than a week, at the end of which the Department should be ready with its provisional conclusions regarding the penalty to be imposed. (5) Reference to the Public Service Commission: Making of the reference to the Public Service Commission involves only drafting of the letter to the Secretary, Public Service Commission. This should not take more than a day or two. The Commission could be specifically requested to accord their concurrence or their views on the findings of Government in the case under reference as also on the punishment proposed, within a period of 4 to 6 weeks from the date of reference. (6) Passing of final orders: The reply of the Public Service Commission to Government's proposals will be either concurrence or suggestions for modificatioins in the findings and quantum or nature of punishment. Final orders can issue, immediately if the Commission agrees with the proposals of Government otherwise the Department has to decide whether it should modify its own stand regarding the punishment etc., to conform to the views of the commission or stick to its original proposal. In the former case when it is sought to accept the modification suggested by the Public Service Commission, there should be no difficulty in issuing final orders on this basis straight away. In the latter event, the Department will have to bring the matter before the Cabinet. There again, as a Cabinet meeting is held every week, it should not be difficult to obtain the orders of the Cabinet within a period of a week to ten days from the date of receipt of the papers from the Public Service Commission. Final orders of the Government on the basis of the decision of the Cabinet should issue within a period of few days from the date of intimation of this decision. Total time: It will be seen that the toal time taken up in various stages from the date of the receipt of the report or the recommendations of the Vigilance Commission to the date of issue of final orders must not exceed 14, or say, 15 weeks. Making allowance for the possible back reference from the Public Service Commission another 4 weeks can be added to this period increasing the permissible aggregate time limit to 20 weeks. 4. My examination of a few long-pending cases has disclosed that a good deal of time is wasted in making needless reference to Law Department. For example, it is not always necessary for the draft show cause notice to be put up to the Law Department for vetting. Similarly, the final order imposing the punishment could ordinarily issue without prior

scrutiny of the draft by the Law Department. Only where specific legal issues are involved, in respect of which precedents or case law have not been established and the Department is likely to go wrong, if it acted on its own judgement, the matter should be referred to the Law Department for advice. In majority of cases, the various steps of procedure to be gone through are clear and simple drafting of the show cause notice or the order of punishment should present no serious difficulty requiring guidance of the Law Department. 5. Another misconception which has contributed to a good deal of delay in certain cases is that a second reference to the Vigilance Commission is considered necessary when the Public Service Commission have suggested modification of the findings and punishment proposed by Government, especially because of the conclusions of Government are based on the recommendations of the Vigilance Commission. Such a reference is only unnecessary and must be avoided. It is for Government to take a view as to whether the modification suggested by the Public Service Commission should be agreed to or not. Further advice of the Vigilance Commission at this stage need not be sought. 6. All Departmental Secretaries are requested to kindly consider those observations carefully and make special efforts to ensure that final orders of Government in all disciplinary cases, where recommendations of the Vigilance Commission have been received, are passed expeditiously. In no case, the total time required for processing and issue of final orders should exceed a period of 20 weeks. Wherever this time limit is exceeded, a detailed report on the reason for delay should be made to this office. R.N.Vasudeva, Chief Secretary to Government. GOVERNMENT OF MYSORE No.GAD 47 SSR 68 Mysore Government Secretariat, Vidhana Soudha, Bangalore, Dated 8th January 1969. OFFICIAL MEMORANDUM Sub:Publication of notices, etc, in respect of departmental proceedings against Government servants -

In Official Memorandum No. GAD 47 SSR 68 dated 17th September 1968 the need for publication in the Mysore Gazette of substance of notice indicating the charges held to be proved and the penalty proposed to be imposed, etc. against a delinquent Government servant whose whereabouts are not known has been indicated. It is further clarified that to meet the requirement of law, it is also necessary to publish in the Gazette a notice that final order has been passed. It is, however, not necessary that the order be published in extenso. W.AW.A.Smith,.Smith, Under Secretary to Government, General Administration Department, (Service Rules).

GOVERNMENT OF MYSORE No.GAD 7 SSR 69 Mysore Government Secretariat, Vidhana Soudha, Bangalore, Dated 25th March 1969. OFFICIAL MEMORANDUM Sub:Penalty of reduction - Specifying the period. In Official Memorandum No. GAD (S-1) 44 SSR 59 dated 20th July 1959, instructions were issued to the effect that whenever penalty of reduction in rank is imposed on Government Servants under the Classification, Control and Appeal Rules, the period of reduction to the lower service should be for a specific period to be mentioned in the order imposing the penalty and that delinquent Government servant should be considered for promotion when the next vacancy occurs after the expiry of period. It has also been laid down that restoration to the original grade is not automatic. In view of the specific provision in the Mysore Civil Services Rules (Please vide note below Rules 59 (2) to the contrary, it is necessary to modify the instructions issued in the aforesaid Official Momorandum. It is accordingly directed that the last sentence occuring in the Official Memorandum viz. "After the period expires, he is not automatically restored to the higher grade but will be eligible to be considered for promotion when the next vacancy occurs" should be deleted. W.A.Smith, Under Secretary to Government, General Administration Department, (Service Rules). GOVERNMENT OF MYSORE No.GAD 57 PVC 68 Mysore Government Secretariat, Vidhana Soudha, Bangalore, Dated 7th June 1969. OFFICIAL MEMORANDUM Sub:Disposal of cases received from the Bureau of Investigation of the Vigilance Commission - Stipulation of the time limit-

Under the provisions of the Mysore State Vigilance Commission Rules, 1965, the Vigilance Commision may investigate or enquire into the allegations made against Government servants either suo motu or on a reference from Government or from any other authority. If after the investigation is completed by the Bureau of Investigation in any case, the Commission is of opinion that disciplinary proceedings should be taken in such a case, it will forward the record of investigation along with its recommendations to Government. After examining such records Government will have to take a decision whether an enquiry is to be held or not. 2. It has been brought to the notice of Government that there is a large number of such cases where no decisions have been taken on the investigation reports or preliminary reports of the Bureau of Investigation of the Vigilance Commission. Before a Departmental Enquiry is ordered against a Government servant it is necessaty to scrutinise the evidence collected in course of preliminary enquiry and the authority competent to order the enquiry is to satisfy itself that there is prima facie case for starting disciplinary

proceedings against the Government servant concerned. It should not be difficult for the disciplinary authority to go through the record of investigation of the Vigilance Commission in any particular case within a period of 2 to 3 weeks from the date of receipt of the papers from the Vigilance Commission and take a decision whether regular inquiry proceedings by appointing an Inquiry Officer should be ordered or the appropriate disciplinary authority asked to take action in accordance with the provisions of Rule 12 of CCA Rules. Once a decision to institute inquiry proceedings is taken, special care should be taken to ensure that the entire proceedings are completed within a maximum period of 5 months (This will include the time taken to appoint an Inquiry Officer). 3. The above time limit should be strictly adhered to. Where for certain reason it is exceeded, it will be the duty of the departmental Secretary to make a detailed report to GAD giving particulars of the case received from the Vigilance Commmission after necessary investigation by the Commmission, the decision taken by the Department for institution of Inquiry proceedings and the progress of such inquiry. 4. All pending cases should be reviewed in the light of these instructions and a special report may be submitted to the Chief Secretary by 20.6.1969 without fail. R.N.Vasudeva, Chief Secretary to Government. GOVERNMENT OF MYSORE No.GAD 42 SSR 69 Mysore Government Secretariat, General Administration Department, Vidhana Soudha, Bangalore, Dated 25th August 1969. OFFICIAL MEMORANDUM Sub:Bar for promotions during the period of penalty. A case has come to the notice of Government in which the penalty of withholding increments for a period of 2 years was imposed on an officer and the officer became due for promotion to the higher post during the period. The question whether the officer should or should not be promoted during the period for which his increments were withheld had thereforce to be decided having regard to the nature of misconduct for which the penalty was imposed. 2. Under the Classification, Control and Appeal Rules, withholding of increments and withholding of promotions are distinct penalties and it is necessary for the Disciplinary Authority at the time of imposing the penalty to make its intention clear in the order. A similar question may arise in a case where an officer is reduced to a lower stage of pay in the same time scale of pay for a specified period. In all such cases where penalties of withholding of increments or reduction to a lower stage of pay in a time scale of pay are imposed, the Disciplinary Authorities imposing such penalties should invariable consider the nature of misconduct for which the penalty is being imposed and clarify in the order itself whether during the period for which the increment is withheld or the officer is reduced to a lower stage of pay, is to be considered as an eligible for promotion. If having regard to the nature of the misconduct, the Disciplinary Authority considers that the officer should not be eligible for promotion, the penalty of withholding of promotion for such period should also be imposed in the order itself. Syed Basheer Ahmed,

Dy. Secretary to Government, General Administration Department, (Services). GOVERNMENT OF MYSORE No.GAD 26 SSR 72 Mysore Government Secretariat, Vidhana Soudha, Bangalore, Dated 23rd June 1972. OFFICIAL MEMORANDUM Sub:Departmental Enquiries - failure to follow the prescribed procedure. 2. Circular No. GAD 35 SSR 58 dated 8.1.1959. 3. O.M. No. GAD (S-1) 33 SSR 61, dated 27.6.1962. Inspite of the detailed procedural instructions for holding departmental enquiries under the Mysore Civil Services (Classification, Control and Appeal) Rules, 1957 and the further instructions issued in the Circular and Official Memorandum mentioned above, Government have observed in several cases that the Disciplinary Authorities are not strictly following the provisions of the C.C.A.rules before imposing any of the major penalties. The common defects, noticed in a majority of such cases have already been indicated in the Circular dated 8.1.1959 and if the Deisciplinary Authorities are found to commit the same irregularities it has to be presumed that they have not thoroughly acquainted themselves with the provisions of the classification, control and appeal rules and the instructions issued from time to time. 2. Whenever any such defects are noticed and the enquiries are found to be irregular, Article 311 of the Constitution is blamed for coming in the way of enforcing discipine amongst Government servants. Article 311 merely provides that before dismissal, remvoal or reduction in rank of a Government servant an inquiry should be held in which the Government servant should be informed of the charges against him and given a reasonable opportunity of being heard in respect of those charges and if after such inquiry it is decided to impose any such penalty he should also be given a reasonable opportunity of making a represntation on the penalty proposed, but only on the basis of the evidence adduced during such inquiry. The provisions of the 12 sub-rules in rule 11 of the C.C.A. Rules are intended to ensure compiance with the provisions of Article 311 mentioned above and these provisions of the C.C.A. Rules are quite clear and unambiguous. If the Disciplinary Authorities were to read those provisions of the rules and follow them there should be no occasion for any procedural lapses in holding departmental enquiries and consequent setting aside of the orders. 3. All the Disciplinary Authorities under the C.C.A. Rules are therefore, once again directed to study the provisions of the C.C.A. rules and various instructions issued very carefully before holding any enquiry. In all cases where Government find that the departmental enquiry was defective due to the Disciplinary Authority not properly following the procedure mentioned above and as a consequence the final orders had to be set aside, Government will be constrained to take action under the C.C.A. rules against the Disciplinary Authority itself for negligence of duties and will not hesitate to recover from such authority the whole or part of any pecuniary loss caused to Government by such negligence. Ref:-1. O.M. No. GAD (OM) 3 CAR 57, dated 14.12.1957.

4. Secretaries to Government and Heads of Departments are requested to bring these orders to the notice of all Officers under their control. R.J.Rebello, Chief Secretary to Governemnt. GOVERNMENT OF MYSORE Mysore Government Secretariat, Vidhana Soudha, Bangalore, Dated 4th August 1972. CIRCULAR Sub:State Vigilance Commission - Nature of cases in which investigations and inqiries are to be entrusted to it.

No.GAD 29 SSR 72

The powers of the State Vigilance Commmission are co-extensive with executive powers of the State in regard to the conduct of Government servants but the cases in which inqiries can be entrusted to the Commission are only those that are enumerated in clause (a) of sub-rule (1) of rule 14A of the C.C.A. Rules and where imposition of a minor penalty is considered not adequate. 2. Though the Vigilance Commission is empowered to investigate into any instance of suspected misconduct on the part of any Government servant either suo motu or an allegation and Government or any other authority can request the Commission to investigate into an alleged impropriety of any Government Servant's conduct, the Heads of Departments are primarily responsible for maintenace of integrity of Government employees of their departments. It is neither practicable nor desirable to entrust to the Commission investigation and/or inquiry in each and every case of alleged misconduct on the part of a Government servant. In order to secure best advantage of a specialised agency like the Vigilance Commission, with limited staff at its disposal, it is necessary that only cases in which the head of the Department has prima facie reason to believe that the Government servants concerned might be held guilty of corruption misconduct, lack of integrity, malpractice or misdemanour and final conclusions cannot be reached, on the basis of evidence of its departmental officers in one place and/or records in the possession of the department itself, the Vigilance Commission could be requested to investigate into the affairs. While doing so, it is necessary for an authority, after considering the material before it, to intimate to the Vigilance Commission the alleged incidents, together with the nature of misconduct on the part of Government Servants involved in such incidents. 3. All Secretaries to Government and Heads of Departments are, therefore, requested to avoid reference to the Vigilance Commission in respect of vague allegations, which do not prima facie lead to a reasonable presumption, that the Government Servants concerned have Committed misconduct. Only cases, in which a preliminary inquiry cannot be conducted by the Departmental officers themselves due to complication nature of the case or on account of other reasons like the evidence being not available form departmental records etc., at one place and from one department, should be referred to the Vigilance Commission for investigation. Cases in which collection of material and evidence is simple and is not, for any reasons, beyond the control of the departmental officers, should be dealt with departmentally. sd/Chief Secretary to Government.

GOVERNMENT OF MYSORE Mysore Government Secretariat, General Administration Department, Vidhana Soudha, Bangalore, Dated 9th February 1973. OFFICIAL MEMORANDUM Sub:Government servants involved in the Departmental enquiries - taking assistance of other Government Servant.

No.GAD 1 SSR 73

According to sub-rule (5) of rule 11 of the Mysore Civil Services (C.C.A.) Rules 1957, as it stood prior to August 1965, a Government servant against whom departmental proceedings were being held could take the assistance of another Government to servant only with the approval of the disciplinary authority. Based on this provision, instructions were issued in O.M. No. GAD 21 OSR 60 dated 28.7.1960 that in such cases a Government servant could take the assistance of another Government servant only with the approval of the Disciplinary Authority. The afore said sub-rule was amended by Government Notfication No. GAD 15 SSR 65, dated 26.8.65 and the provision requiring approval of the Disciplinary Authority in such cases was deleted. Consequently, it is not necessary for Government servant who desires to take the assistance of other Government servant in such cases to obtain the approval of the Disciplinary Authority. The written consent of the Government servant whose assistance is sought to be taken should however, be produced before the Disciplinary Authority who should formally inform the Head of the Department, in which the assisting Government Servant is working, of the fact. The Secretaries to Government and Heads of Departments are requested to bring the position explained above to the notice of all the officers under their control. H.P.Dharanendranath, Under Secretary to Government, General Administration Department (Service Rules). GOVERNMENT OF KARNATAKA No.GAD 18 SSR 73 Karnataka Government Secretariat, Vidhana Soudha, Bangalore, Dated 2nd November 1973. OFFICIAL MEMORANDUM Sub:Withholding of increment(s) with cumulative effect - procedure to be followed in imposing the penalty of -

The penalty of withholding increment(s) mentioned in clause (iv) of rule 8 of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957, is required to be imposed after following the procedure laid down under rule 12. The Mysore (now Karnataka) High Court in Writ Petition No. 241 of 1969 (C.Veerachowdaiah Vs. State of Mysore and No. 1966 of 1968 (G.A.Appaiah Vs. State of Mysore) has held that the penalty of with-holding increments with cumulative effect or affect in the future increments amounts to reduction to a lower stage and is, therefore a major penalty. In

view of this decision of the High Court and pending decision on the appeal to the Supreme Court, all the Appointing Authorities and other Disciplinary Authorities competent to impose the above penalty under the Karnataka Civil Services (Classification, Control and Appeal) Rules, should follow the procedure prescribed under rule 11 while imposing this penalty. 2. The Secretaries to Government and Heads of Departments are requested to bring these instructions to the notice of all the appointing authorities/disciplinary authorities working under their control. N.P.Joshi, Deputy Secretary to Government, General Administration Department (Service Rules). PROCEEDINGS OF THE GOVERNMENT OF KARNATAKA Sub:Departmental Enquiry proceedings - sanctions remuneration to the presenting officers appointed in the -

ORDER NO. GAD 4 SSR 74, BANGALORE, DATED 3RD APRIL 1974 In a departmental proceeding instituted against a Government servant, the Disciplinary Authority can appoint, under rule 11(5) (c) of the Karnataka Civil Services (Classification, Control and Appeal) Rules 1957, any other Government servant or a legal practitioner to be named as 'Presenting Officer' to present the case on behalf of the Disciplinary Authority in support of the articles of the charges framed against the Government servant involved in the inquiry. Where a Government servant is nominated accordingly as presenting officer in an inquiry case, he has to attend to the work of presenting the case in addition to his normal duties in the department. There is no provision at present for payment of any remuneration to the presenting officers for the extra work they have to discharge in such cases. 2. The question of sanctioning suitable remuneration to the presenting officer has therefore been examined and after careful consideration of the matter, Government are pleased to order that remuneration at the rate of 10% of the minimum of the scale of pay of the Government servant nominated as presenting officer be sanctioned to him per day of hearing subject to a minimum of Rs. 10/- and maximum of Rs. 25/- per day. 3. These orders will not be appicable to the officers and staff of the Vigilance Commission. 4. The Heads of Departments and Secretaries to Government are requested to bring these orders to the notice of the several disciplinary authorities/appointing authorities under their control. 5. This order is issued with the concurrence of the Finance Department vide their U.O. Note No. FD 315/S-1/74, dated 22.3.1974. By order and in the name of the Governor of Karnataka, sd/Syed Karimulla Khadri, Under Secretary to Government, General Administration Department

(Service Rules). GOVERNMENT OF KARNATAKA No.GAD 12 SSR 74 Karnataka Government Secretariat, Vidhana Soudha, Bangalore, Dated 2nd May 1974. OFFICIAL MEMORANDUM Sub:Withholding of increment(s) with cumulative effect - procedure to be followed in imposing the penalty of ii) Government Notification No. GAD 28 SSR 69 dated 12.12.1973. Instructions were issued in Official Memorandum No. GAD 18 SSR 73, dated 2.11.1973 read at (i) above to all the Appointing Authorities and other Disciplinary Authorities to follow the procedure under rule 11 of the Classification Control and Appeal Rules while imposing the penalty of with holding increment(s) with cumulative effect on Government servants as in certain Writ Petitions it was held by the High Court that withholding of increment(s) had the effect of reducing a Government servant to a lower stage in a time scale of pay and it was then a major penalty. Rule 8 of the Karnataka Civil Services (Classification, Control and Appeal) Rules has now been amended in Government Notification No. GAD 28 SSR 69, dated 12.12.1973 and the penalty of reduction to a lower stage in the time scale constitues a minor penalty. Therefore, while imposing the above penalty or the penalty of withholding of increments with cumulative effect, the procedure under rule 12 only has to be followed and it is not necessary to follow the procedure under rule 11 of the C.C.A. Rules. The Official Memorandum No. GAD 18 SSR 73, dated 2.11.1973 may therefore be treated as with drawn with effect from 24.1.1974 on which date the amendments were published in the Gazette. sd/Syed Karimullah Khadri, Under Secretary to Government, General Administration Department (Service Rules). GOVERNMENT OF KARNATAKA No.GAD 47 PVC 74 Karnataka Government Secretariat, Vidhana Soudha, Bangalore, Dated 1st July 1974. CIRCULAR Sub:Requisitions for Records, reports etc., required for purpose of investigations and inquiries by the Officers of the Vigilance Commission.

Ref:- i) Offical Memorandum No. GAD 18 SSR 73, dated 2.11.1973

In Circular No. GAD 18 FAD 57, dated 26th March 1957, all Heads of Departments, Divisional Commissioners and Deputy Commissioners were instructed to comply promptly all requistions from the Director of Anti-Corruption for any record report or information required for purposes of investigation.

On further consideration of the matter, it was clarified to all Heads of Departments under Circular No. GAD 46 OAC 64, dated 16th June 1964 that all requisitions for record, reports etc., received from the Director of Anti-Corruption or any Gazetted Officers under him may be accepted and honoured by all presiding officers in charge of the Government officers and institutions. In connection with the investigation taken up by the Vigilance Commission into the work of excavating Narayanapur left Bank Canal of Upper Krishna project, certain records were required by the Technical Audit Cell. For want of connected records, it is reported that the investigation is held up causing delay in the investigation. The Chief Engineer, Technical Audit Cell has requested that Circular instructions may be issued to all Government Departments. Reiterating the instructions issued earlier, it is once again directed that any requisitions from a Gazetted Officer of the Vigilance Commission for records from any official of the Government Department should be complied with promptly under acknowledgement. G.V.K.Rao, Chief Secretary to Government. GOVERNMENT OF KARNATAKA No.GAD 42 PVC 74 Karnataka Government Secretariat, Vidhana Soudha, Bangalore, Dated 15th July 1974. CIRCULAR Sub:Submission of reports of - the Vigilance Commission - pendency in the Secretariat.

It has come to the notice of Government that many cases where reports have been received from the Vigilance Commission are pending in the several Departments of the Secretariat for a long time. The Chief Minister has observed that all these cases should be disposed of promptly. Although the Vigilance Commision has completed the inquiries and sent its recommendation to Government, it is observed that there has been delay in taking action on these recommendations and in passing final orders. Such instances have also come to the notice of the Public Accounts Committee. It is, therefore, required of the Administrative Departments review periodically the stage of pendnecy of these reports so as to ensure that orders of Government are passed thereon without delay. For this purpose Secretaries to Government are requested to furnish reports to General Administration Department (Political) every month indicating the latest position regarding the pendency of these reports and the action taken in the proforma appended to this Circular. sd/M.Shankaranarayanan, Joint Secretary to Government, General Administration Department.

STATEMENT SHOWING THE ENQUIRY CASES OF THE VIGILANCE COMMISSION PENDING FOR FINAL ORDERS OF GOVERNMENT.
Sl. No. File No. Name of AGOs etc Date of receipt of Vigilance Commr's Report. 4 Vigilance Commissions recommendation. Stage of pendency Remarks

GOVERNMENT OF KARNATAKA No.GAD 57 PVC 74 Karnataka Government Secretariat, Vidhana Soudha, Bangalore, Dated 16th Sept. 1974. CIRCULAR Sub:Issue of instructions to Heads of Department etc., regarding assistance of officials of other Departments to the Vigilance Commission.

During the course of investigations into cases either by the Technical Audit Cell or by the Bureau of Investigations of the Vigilance Commmission, it might become necessary to have the assistance of officials of other Departments for witnessing any investigation, for giving any information they might have pertaining to the case being investigated or for furnishing any opinion on an issue referred to them during the investigation, either by correspondence or at the spot. If such requests made by the officers of the Commission are not complied with immediately the investigation will not only be delayed but also rendered incomplete. The following instructions are, therefore, issued for the guidance of all conerened for facilitating investigations by the Technical Audit Cell or Bureau of Investigations of the State Vigilance Commmission. All Heads of Departments and Secretaries to Government are requested to ensure that whenever any officer of the Vigilance Commission requests for any assistance, they should render this immediately without having to obtain orders of higher authorities and keep such information given discussions etc, as confidentail. Heads of Departments and Secretaries to Government are also requested to issue necessary instructions to their subordinate officers to extend full co-operation to the Technical Audit Cell or other investigating staff of the Vigilance Commission whenever such assistance of co-operation is sought. Any instance of non-cooperation of any official will be viewed seriously by Government. sd/N.A.Muthanna, Deputy Secretary to Government, General Administration Department, (Political). GOVERNMENT OF KARNATAKA

No.GAD 63 SSR 74

Karnataka Government Secretariat, Vidhana Soudha, Bangalore, Dated 3rd December 1974. OFFICIAL MEMORANDUM

In cases which are investigated by the State Vigilance Commission under rule 14A of Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 Government, after examining the investigation report and the records, can entrust the detailed inquires to the Vigilance Commission or it can direct the appropriate Disciplinary Authorities to take action in accordance with rule 12 aganist the Government servant involved in those cases. It has been brought to the notice of Government by the State Vigilance Commission that there has been delay on the part of various disciplinary authorities in initiating action against Government servants under rule 12 and in finalising the cases. It is observed that such delays have occurred especially in cases where the number of Government servants involved is more than one and where different Disciplinary Authorities are required to take action against them under rule 12 of the classification Control and Appeal Rules. The question has been examined. If, in a case investigated by the Vigilance Commission under Rule 14A of Karnataka Civil Services (Classification, Control and Appeal) Rules 1957 more than one Government servants are involved all the Government servants may be proceeded against in a common proceeding and for this purpose, a joint inquiry will have to be ordered by Government in accordance with rule 13 of Classification, Control and Appeal Rules. While ordering a joint inquiry, the Disciplinary Authority in relation to the Government servant highest in rank may be nominated as the Disciplinary Authority and it may be specified in the order that such disciplinary authority will be competent to impose any of the minor penalties on all the Government servants after following the procedure under rule 12 of Classification, Control and Appeal Rules. All the Secretaries to Government are requested to take action accordingly in such cases. sd/N.P.Joshi, Deputy Secretary to Government, General Administration Department, (Service Rules). Procedure for drawing remuneration by the Presenting Officer appointed in the Departmental Inquiry proceedings. Read:1. G.O. GAD 4 SSR 74, dated 3rd April 1974. 2. Letter No. GM. Genl. 75, dated 16th December 1974 from the Accountant General in Karnataka, Bangalore. ORDER NO. GAD 6 SSR 75, dated 31st MARCH, 1975 Government are pleased to order that the Disciplinary Authority which appoints a Presenting Officer in an inquiry or the Inquiry Authority appointed by the Disciplinary Authority whichever authority actually conducts the inquiry, should issue a certificate to

the presenting officer in the appended form in respect of attendance/participation in the inquiry by the Presenting Officer. The amount of remuneration shall after conclusion of inquiry, be drawn by the Drawing Officer in relation to the presenting officer or by the P.O. himself if he happens to be a Drawing Officer on the strength of the certificate issued by the Disciplinary Authority or Inquiring Authority, as the case may be and no sanction of any authority will be necessary. Instructions regarding Disciplinary Proceedings against Government servant under Rule 12 of the K.S.C.S (CCA) Rules, 1957. CIRUCLAR No. GAD 14 SSR 75, DATED THE 21ST MAY, 1975. It has come to the notice of the Government that in some cases where Government have directed the Disciplinary Authority to take action under rule 12 of the Classification Control and Appeal Rules that authority, has in turn, appointed one of its subordinate officers as specially empowered authority to proceed with the disciplinary action against the Government servants concerned. If the gravity of the charge is such as not to warrant imposition of any of the major penalties and imposition of a minor penalty would meet the ends of justice on being convinced of the proof of the charge in question, action has to be taken under rule 12 of those rules. In such cases, it would ordinarily be enough if (a) the Government servant is informed in writing of the proposal to take action against him and the allegations on which this action is based and given an opportunity to make any representation he may wish to make, and (b) representation, if any, made by him is taken into consideration by the Disciplinary Authority for recording a finding on each of the imputations of misconduct before any penalty is imposed on him. All this could be done by the Disciplinary authority itself and normally there would be no need for delegating these powers to any other authority to take disciplinary action against the Government Servant. There may, however, be cases, as indicated in rule 12(a) (b) where in though the charges are not grave enough to warrant imposition of major penalties, they are nevertheless of a complicated nature and proof of charges against the Government servant cannot be concluded, unless a detailed inquiry is held and the Government servant is given adequate opportunity to prove his innocence. In such cases, the disciplinary authority has to follow the procedure laid down in rule 11. GOVERNMENT OF KARNATAKA G.V.K.Rao, Chief Secretary D.O. No. GAD 23 IPN 75 My Dear Sub:Cases of Vigilance Commission pending with Government - Review of. In the meeting of Secretaries on 21.4.1975 the pendancy of Vigilance Commission reports in the Secretariat was reviewed. It was decided that Secretaries would review this pendancy from time to time so that these cases are disposed of promptly. I had a few cases (pending for over one year in some of the Secretariat Departments) reviewed to ascertain the reasons for delay in passing final orders. The results of the Karnataka Government Secretariat, Vidhana Soudha, Bangalore, Dated June 17, 1975.

review reveal that the manner of examiniation of the reports of the Vigilance Commission in the Secretariat Department leaves much to be desired. Firstly, it appears that those who deal with these cases lack basic knowledge of the provisions of the C.C.A., Rules and the Correct procedure to be followed. This has resulted in abnormal delays in finalising the cases. In one case, for instance, a direction was given to consult the Public Service Commission even before Government took a decision on the findings of the Vigilance Commission and a Show cause notice was issued to the AGO and the matter was delayed till the P.S.C. pointed out the non-observance of the presceibed procedure. In another case, a decision was taken to send the report of the Vigilance Commission to the head of the Department for taking necessary action since the AGO was a non-gazetted Government servant, although, under the rules, Government was the disciplinary authority. This incorrect decision lead to avoidable delay in processing the case. Secondly, there is a tendancy to view these reports of the Vigilance Commission on as reports from field departments and to examine and scrutinise them accordingly. Such an examination is unnecessary and orders almost on the rediculous, because these are chiefly inquiry reports which are sent to Government as the disciplinary authority for deciding on the recommendations made. In my view it would be appropriate to examine or scrutinise these reports at any level lower than that of a Deputy Secretary. Even at these levels, what is required is to record Government's findings, as the disciplinary authority on each of the charges and then to communicate them to the AGOs through the show cause notice, intimating them the penalty proposed. Since these inquiries have been conducted very comprehensively and the findings are normally well supported. It may not be open to Government to differ with them except in rare cases where gross mis-carriage of justice, perversity, improper or unsound, reasoning etc. is manifest. It would, therefore be advisiable to accept the recommendations of the Vigilance Commission in most cases and record findings to that effect. I may also mention that whenever a view is taken which is inconsistant with the recommendations of the State Vigilance Commission in regard to disciplinary action against a Government servant, the matter has to go to the Cabinet for orders and this has also to be commented upon in the annual report of the Vigilance Commission which is submitted to the Legislature. What is crucial in the processing or Vigilance cases is the manner in which these reports should be handled at Government level. A note indicating the procedure to be followed in handling these cases is appended. I shall be glad if you could impress upon all concerned officers and staff in your department the need to followe the correct procedure in examining these reports and in passing orders thereon. Please acknowledge this letter. Yours Sincerely. sd/G.V.K.Rao, Chief Secretary to Government. GOVERNMENT OF KARNATAKA

No.FD 213 SRS 71

Karnataka Government Secretariat, Vidhana Soudha, Bangalore, Dated 20th October 1975. OFFICIAL MEMORANDUM

Sub:-

Rule 59 of the Karnataka Civil Services Rules - Clarification regarding.

In Government Order No. FD 92 SRS 60, dated 1.12.1960 orders have been issued directing the competent authority imposing on a Government servant the penlaty of reduction to a lower stage in a time-scale, to indicate in every order imposing such a penalty. i) the date from which the order should take effect and the period (in terms of years and months), for which the penalty shall be operative; ii) the stage in the time-scale (in terms of rupees) to which the Government servant is reduced; and iii) the extent (in terms of years and months), if any to which the period referred to at (i) above should operate to postpone future increments. It is also clarified therein that reduction to a lower stage in a time-scale is not permissible under the rules for an unspecified period or on permanent basis and when a Government servant is reduced to a particular stage his pay will remain constant at that stage for the entire period of reduction. In many cases it is seen that the orders passed by the competent authorities reducing the Government servant to a lower stage in a time-scale do not actually specify the exact stage in terms of rupees on account of which doubts have been expressed as to whether increments that fall due during the period of reduction to the lower stage in a time-scale are to be sanctioned as and when they fall due during that period. It is also argued that in the absence of specific mention in the order of penalty, of with-holding increments during the period of penalty the increments that fall due during that period cannot be with-held as the penalties of reduction to a lower stage in a time-scale and withholding of increment are two different punishments. On consultation, the Government of India, Ministry of Finance, intimated that during the entire period of penalty the Government servant has to draw the pay at the stage to which he has been reduced without earning any increments. In view of this and of the clarification issued in second para of clause (a) in O.M. No. FD 92 SRS 60, dated 1.12.1960 cited above, that when a Government servant is reduced to a particular stage his pay will remain constant at that stage for the entire period of reduction, it is further clarified that no increments should be granted during the enitre period of penalty of reduction to a lower stage in a time-scale and he should draw pay at the stage of which he has so been reduced during that entire period of penalty. With a view to achieve this object it is further directed that the competent authority should ensure that every order imposing on a Government servant the penalty of reduction to a lower stage in a time-scale invariably specifies that stage in terms of rupees to which the Government servant is reduced, as in the following form. "The .................... has decided that Shri ................... should be reduced to the pay of Rs ............... for a period of ........................ with effect from ....................."

sd/M.A.Srinivasan, Under Secretary to Government, Finance Department (Services-I). GENERAL ADMINISTRATION SECRETARIAT Notification No. GAD 24 SSR 75 Bangalore, Dated the 11th December 1975 G.S.R. 371.- In exercise of the powers conferred by sub-rule (1) of Rule 10 of the Karnataka Civil Service (Classification, Control and Appeal) Rules, 1957, the Government of Karnataka hereby empowers the Deputy Commissioner of a district, for the purpose of the said sub-rule, in respect of Government Servants belonging to Class III and Class IV Service of all State Civil Services except the Karnataka Judicial Service, working in the district under the immediate administrative control of any officer who does not have Jurisdiction beyond the limits of the district. By Order and in the name of the Governor of Karnataka, M. Sankaranarayanan, Additional Secretary to Government, General Administration Department. GOVERNMENT OF KARNATAKA CONFIDENTIAL No.GAD 2 SSR 76 Karnataka Government Secretariat, Vidhana Soudha, Bangalore, Dated 15th March 1976. OFFICIAL MEMORANDUM Sub:Appeal Petitions / Review Petitions to the Governor - Disposal of - Procedure to be followed in respect of.

Under rules 18, 19 and 26 of the Karnataka Civil Services (CCA) Rules, 1957 appeals/review petitions in the types of cases specified therein can be preferred to the Governor who has to pass orders on them on the advice of the Council of Ministers. What constitutes advice of the Council of Ministers in such cases has been made clear in the U.O. (Confidential) Note No. GAD 14 SSR 71, dated 16.4.1971, the relevant extract of which is as follows:"powers exercisable by the Governor under the C.C.A. Rules are required to be exercised by the Governor himself. But in the exercise of such powers the Governor has to act on the advice of the Council of Ministers. The Government Rules of Business made under article 166(3) of the Constitution regulates when an advice may be regarded as the advice of the Council of Ministers. It is not necessary in every case that the whole Council of Ministers should consider the matter to advice the Governor. When according to the Rules of Business a particular item of business is allocated

to an individual Minister, the action by him in regard to it is action of the Council of Minsters and advice, if any, tendered by such individual Minister is advice of the Council of Ministers. This is the Constitutional position-vide A.I.R. 1963 S.C.395-Bachinder Singh Vs. State of Punjab." 2. It is observed in some cases that the Secretariat Departments are not following the above mentioned correct procedure in the matter of obtaining and submitting the advice of the Council of Ministers to the Governor. Such cases should therefore, be submitted to the Governor with a summary note, only after obtaining the orders of the concerned Minister. If, however according to the Second or Third Schedule to the Karnataka Government Rules of Business a case is required to be placed before the Cabinet or the Chief Minister, the case shall be submitted to the Governor only after obtaining the orders of the Cabinet or the Chief Minister, as the case may be. 3. The Secretaries to Government are requested to ensure that this procedure is scruplusously followed in all such cases. sd/M.Sankaranarayan, Add. Secretary to Government, Generay Administration Department GOVERNMENT OF KARNATAKA No.DPAR 70 SSR 76. Karnataka Government Secretariat, Vidhana Soudha, Bangalore, Dated 29th January 1977. CIRCULAR Sub:Karnataka Civil Services (Classification, Control & Appeal) Rules, 1957 Amendments of rule 11-A, 25 and 26 of the - clarifies the position under the -

In keeping with the provisions of 311 of the Consitution of India before its amendment by the Constitution (42nd Amendment) Act, rules 11-A, 25 and 26 of the Karnataka Civil Services (Classification, Control & Appeal) Rules, 1957 required that before any of the penalties specified in clauses (v) to (viii) of rule 8 of the said rules were imposed on a Government servant, he shall be given an opportunity of making such representation as he may wish to make on the proposed penalty. This was generally called "the second show cause notice." Consequent on the amendment of article 311 of the Constitution, rules 11-A, 25 and 26 have been amended in the Government Notification No. DPAR 70 SSR 76, dated 15th January 1977 (published in the Karnataka Gazette dated, 20th January 1977) and the requirements to issue the "second show cause notice" have been omitted. It is now not necessary to issue "the second show cause notice" in such cases. Where such 'second show cause notice' has already been issued to a Government servant before the date of coming into force of the aforesaid amendments, a reply thereto may be awaited and the representation, if any, submitted by such Government servant taken into consideration before any final orders passed.

The Secretaries to Government and Heads of Department are requested to bring the above position to the notice of all the Disciplinary Authorities / Appointing Authorities under their control. sd/Deputy Secretary to Government, Dept. of Cabinet Affairs & DPAR., (Service Rules) No. DPAR 18 SSR 77, dated 23rd May 1977 Sub:- Disciplinary proceedings against Government servants. According to the Rules of Business, certain cases concerned disciplinary proceedings against Government servants are required to be submitted to the Cabinet. In order to enable the Cabinet to take an appropriate decision in such cases, the following service particulars of the Government servants involved should be furnished in the Cabinet note or in a statement appended to it. 1. Name of the Government servant. 2. Date of birth 3. Date of superannuation 4. Date of entry into service 5. Length of service 6. The post held at present or at the time of his suspension, pay scale and pay 7. If he is a promotee to the present post, the date of his promotion, its pay scale and his pay on the date of promotion 8. If he is/was under suspension, the date of suspension and reinstatement if any. The Secertaries to Government are requested to ensure that these instructions are followed in all such cases. GOVERNMENT OF KARNATAKA CONFIDENTIAL No.DPAR 11 SSR 77. Karnataka Government Secretariat, Vidhana Soudha, Bangalore, Dated the 5th July 1977. OFFICIAL MEMORANDUM Sub:Suspension of Government servants involved in misappropriation cases etc.Revocation of Instruction regarding the..

It has come to the notice of the Government that a number of Government servants who are alleged to be involved in cases of misapropriation embezzlement of Government money or corruption have been placed / continued under suspension for a number of years for the reason that disciplinary proceedings or criminal charges / proceedings are pending against them. The question whether suspension of such Government servants can be

revoked and they could be reinstated in service at any time before termination of the disciplinary or criminal proceedings pending against them, has been examined. 2. The circumstances in which Government servants may be placed under suspension have been indicated in Confidential O.M. No. GAD 21 SSR 65 dated 26th February 1965 as guidelines. The circumstances in which Government servants are mandatorily required to be placed under suspension are indicated in rule 10(2) of the C.C.A. Rules and rules 101 and 102 of the Karnataka Civil Services Rules. Under sub-rule (5) of rule 10 of the C.C.A. Rules, an order of suspension made or deemed to have been made under this rule is absolute. 3. In cases where criminal proceedings against Government servants for misappropriation, corruption or embezzlement of Government money are pending in courts or disciplinary proceedings in respect of these matters are pending for a number of years and are likely to drag on, there is no objection to consider the circumstances of each case and decide whether the order of suspension may be revoked and the Government servant given a posting to a place where it will not involve handling of any Government money or where there is no scope for corruption. While taking a decision, it should also be examined whether there is any likelihood of the Government Servant tampering with any evidence or influencing any witnesses if he is reinstated. The seriousness of the charge against the Government servant in the criminal or disciplinary case should also be taken into account. 4. All appointing authorities and officers authorised to place Government servants under suspension may review the cases of suspension of Government servants accordingly. These instructions however, do not apply to cases where Government servants have been placed under suspension on charges other than misappropriation, embezzlement of Government money or corruption. sd/N.P.Joshi, Deputy Secretary to Government, DPAR (Service Rules). GOVERNMENT OF KARNATAKA No.DPAR 28 SSR 77. Karnataka Government Secretariat, Vidhana Soudha, Bangalore, Dated 28th July 1977. CIRCULAR The Proviso to rule 8 of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957, reads as follows:"Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the order of the disciplinary authority no penalty other than those specified in clauses (vi) to (viii) shall be imposed for an establishment charges of corruption". For the purpose of the proviso the expression "corruption" is defined in Explanation1.

Clarifications have been sought whether "Mis-appropriation" by a Government servant amounts to corruption. It is hereby clarified that such misappropriation amounts to a criminal mis-conduct within the meaning of clauses (c) and (d) of the sub-section (1) of section 5 of the Prevention of Corruption Act, 1947 (Central Act 2 of 1947) and is therefore, covered by the definition of corruption in explanation 1 below rule 8 of the Classification, Control and Appeal Rules, An extract of sub-section (1) of section 5 of the Act is enclosed for reference. The Secretaries to Government, Heads of Departments and other Appointing and Disciplinary Authorities are requested to take note of the above position while dealing with such cases. sd/N.P.Joshi, Deputy Secretary to Government, Dept. of Cabinet Affairs & Dept. of Personnel & Administrative Reforms, (Service Rules). Extract of sub-section (1) of Section 5 of the Prevention of Corruption Act (Act No. II of 1947). 5. Criminal Misconduct in discharge of official duty:1. A public servant is said to commit the offence or criminal misconduct in the discharge of his duty. (a) if he habitually accepts or obtains or agrees to accept or attempts to obtain from any person for himself or for any other person, any gratification (other than legal remuneration) as a motive or reward such as is mentioned in section 161 of the Indian Penal Code; or (b) if he habitually accepts or obtains or agrees to accept or attempts to obtain for himself or any other person, any valuable thing without consideration or for a consideration which he knows to be inadequate, from any person whom he knows to have been, or to be, or to be likely to be concerned in any proceeding or business transacted or about to be transacted by him, or having any connection with the official functions of himself or of any public servant to whom he is subordinate, or from any person whom he knows to be interested in or related to the person so concerned; or (c) if he dishonestly or fradulently misappropriate or otherwise converts for his own use any property entrusted to him or under his control as a public servant or allows any other person so to do; or (d) if he, by corrupt or illegal means or by otherwise abusing his position as public servant, obtains for himself or for any other person any valuable thing or pencuniary advantage, (e) if he or any person on his behalf is in possession or has, at any time during the period of his office, been in possession, for which the public servant cannot satisfiactorily account, of pecuniary resources or property disproportionate to his known sources of income.

(3) Vigilance Commission - Reference of - Complaints, Allegations against the Gazetted Officer to the by Heads of Departments - Clarification regarding. Cir. No. DCA 16 ARB 77, dated 24th November 1977. Clarification has been sought on whether Heads of Departments can refer complaints or Allegations aganist Gazetted officers to the Vigilance Commission for investigation. The Question has been examined. Normally, complaints or allegations to be referred to the Vigilance Commission should be such as would necessitate imposition of a major punishment if, on investigation they are proved to be true. As Government are the appointing authority in respect of all Gazetted Officers, such punishments can be imposed on them only by Government. It has accordingly been decided that Heads of Departments should send necessary proposals to Government in the Administrative Department concerned whenever they consider that any compliant or allegation against a Gazetted Officer should be investigated into by the Vigilance Commission. No. DPAR 24 SSR 78, dated 14th July 1978 Sub:Imposition of penalty of withholding of increments and reduction to lower stages in time scale of pay or to a lower post etc.- Instructions reg.

Withholding of increments is one of the penalties specified under clause (iii) of Rule 8 of the Karnataka Civil Services (Classification, Control and Appeal) Rules 1957. While imposing this penalty on a Government servant the competent Disciplinary Authority has to specify in its order the period for which the increment is withheld or postponed and whether such postponement would have the effect of postponing further increments as indicated in Rule 51 of Karnataka Civil Services Rules. 2. It is noticed that in some cases the disciplinary authorities have imposed this penalty without any such directions as referred to above and without even verifying what their pay and pay scales were at the time of imposing the penalty and whether any increments were due to accrue to them after the date of the order imposing the penalty. Other factors such as whether the Government servants were in the rune for promotion before the next increments became due or whether they were due to retire shortly were also not verified before passing the orders. 3. Omission to verify these relevant factors has lead to passing of instructions orders in some cases. Orders of the competent Disciplinary Authorities in such cases had to be reviewed in appeal or review. 4. All this could have been avoided if the concerned authorities had taken into consideration various factors referred to above before issuing orders imposing penalties. It is therefore hereby impressed on all the Appointing Authorities / Disciplinary Authorities that before passing orders imposing the penalty of withholding increments or the penalty of reduction to a lower stage in the pay scale or the lower post / service, they should invariably verify:(a) the pay of the delinquent Government servant, (b) the pay scale of the post held by him (c) whether the Government servant would earn any increments after imposition of the penalty

(d) whether he is in the run for promotion, before any increment accrues to him in existing scale after imposing of the said penalty, and (e) whether he is due to retire before the proposed penalty is fully implemented. and then pass appropriate orders having due regard to the provisions of clauses (iii), (iva) and (v) of rule 8 of Classification, Control and Appeal Rules as the case may be, rule 59 of Karnataka Civil services Rules and instructions issued by Finance Department in its O.M. No. FD 92 SRS 60, dated 1st December 1960 and O.M. No. FD 213 SRS 71, dated 20th October 1975 so that the order can be implemented fully and effectively. 5. Secretaries to Government and Heads of Departments are requested to bring these instructions to the notice of all the Appointing Authorities and other Disciplinary Authorities under their control for guidance.

No. DPAR 24 SSR 77, dated 16th August 1978 Sub:Suspension of Government officials Instance have come to the notice of Government of suspension of Government officials being ordered for specific periods and recommendations for continuing the suspension being received by Government after the expiry of the period of previous suspension. In a recent case, the High Court has held that if orders continuing the suspension are not issued on or before the expiry of the period of suspension, then such orders are in effective as the suspension lapses on the expiry of the period of suspension. For example, if an order was issued on 1st October 1976 suspending an official for a period of 6 months and if orders continuing the suspension are not issued on or before 1st April 1977, but are issued subsequently with a time gap, then the second order is ineffective and not enforceable and the official is deemed to be on duty from 1st April 1977. Sub-rule (1) of Rule 10 of Karnataka Civil Service (Classification, Control and Appeal) Rules 1957 empowers an appointing authority or any authority to which it is subordinate or any authority empowered by Government to place a Government servant under suspension. Sub-rule (5)(a) says that such order of suspension shall continue to remain in force until it is modified or revoked by the authority competent to do so. A combined reading of Sub-rules (1) and sub-rule (5) (a) of rule 10 leaves no doubt about the fact that an order of suspension passed under sub-rule (1) of rule 10 may be for an indefinite period terminable only with the termination of the enquiry, unless the authority which passes the order of suspension or the authority competent to do so modified revokes the same acting under the clause (c) of sub-rule (5) of Rule 10. It is therefore clear that order or suspension passed under sub-rule (1) of rule 10, not specifying any period remains in force till it is modified or revoked. In cases where the period of suspension is specified, then orders continuing the suspension must be issued on or before the expiry of the period of suspension. Sub-rule (6) of rule 10 is that if final orders in an enquiry are not passed within a period of 6 months from the date of suspension in the case of Government servant suspended by authority other than Government, the case has to be reported to Government for such order as Government may deem fit. An order of suspension for an indefinite period made under rule 10(a) automatically does not lapse after the period of 6 months. All the officers are requested to follow these instructions strictly.

GOVERNMENT OF KARNATAKA No.FD 17 SRS 78. Karnataka Government Secretariat, Vidhana Soudha, Bangalore, Dated 28th Sept. 1978. OFFICIAL MEMORANDUM Sub:Instruction under rule 59 of the Karnataka Civil Services Rules - Further clarifications regarding.

In O.M. No. FD 92 SRS 60 dated 1.12.1960, instructions were issued directing interlia that in cases where a Government servant is reduced to a particular stage, his pay will remain constant at that stage for the entire period of reduction. The tenability of these directions in the context of the powers conferred on the competent authorities under the Karnataka Civil Services (C.C.A) Rules has been examined by Government. Under the provisions of the Karnataka Civil Services (C.C.A) Rules, a competent authority can impose on a Government servant the penalty of reduction of pay to lower stage or that of withholding increments in the time scale or both. It follows that such punishments have to be imposed only as a result of a departmental enquiry held against a Government Servant. The directions contained in the Official Memorandum dated 1.12.1960 referred to above would mean that although the competent authority had imposed a penalty of only reduction of pay to a lower stage in a time-scale, the Government servant concerned will not draw annual increments during the period of reduction. Since this constitutes a penalty, it has to be ordered only by the competent authority on the conclusion of a departmental enquiry. It is, therefore, hereby directed that the following sentence in clause (a) of the above mentioned instructions shall be deemed to have been withdrawn:"Also when a Government servant is reduced to a particular stage, his pay will remain constant at that stage for the entire period of reduction". It is also directed that the pay and allowances of a Government servant on whom the above penalty has been imposed should be regulated having regard to the directions issued by the competent authority under Rule 8 (iv-a) of the Karnataka Civil Services (C.C.A) Rules, 1957. sd/G.N.Honavar, Under Secretary to Government, Finance Department (Expenditure-IV) Note on the procedure to be followed at the Secretariat level in handling cases coming under Rule 14-A of the K.C.S. (Classification, Control and Appeal) Rules, 1957. PART I. Action on the report of Investigation. 1. On receipt of the report of investigation with the opinion of the Vigilance Commissioner or of any officer of the Vigilance Commission authorised by the Vigilance Commissioner in writing under Rule 6(2) of the Karnataka State Vigilance Commission Rules, 1965, a decision has to be taken by Government in the Administrative Secretariat on the nature of disciplinary proceedings to be commended whether, having regard to the

facts and circumstances of the cases and recommendation, if any, of the Vigilance Commissioner and the alleged mis-conduct, whether if proved, it would call for imposition of a minor penalty or a major penalty. (a)(i) If it is a decided that imposition of a minor penalty would be sufficient and the number of Government servants involved is only one, the appropriate Disciplinary Authority in relation to the Government servant involved in the case may be directed to take action against him under rule 12 of the Rules. (ii) If it is decided that imposition of a minor penalty is sufficient, but the number of Government servants involved is more than one, Government in the concerned Administrative Secretariat should order a joint enquiry in accordance with rule 13. While ordering the joint enquiry the Disciplinary Authority in relation to the Government Servant highest in rank should be nominated as the Disciplinary Authority, specifying therein that such Disciplinary Authority would be competent to impose any of the minor penalties on all the Government servants involved in the case after following the procedure under Rule 12 (vide O.M. No. GAD 63 SSR 74) dated 3.12.1974. (b) If, on the other hand, a conclusion is reached that imposition of a major penalty is warranted, the Vigilance Commission may be directed to hold a detailed enquiry under rule 11 of the Rules. Note:- If the decision proposed to be taken either under clauses (a) or (b) of this para is inconsistant with the recommendation of the Vigilance Commissioner orders of the Cabinet should be obtained.

PART II. Action on the report of Inquiry. 2. On receipt of the report of inquiry, from the Vigilance Commissioner, if a case referred to in clause (b) of para 1 it has to be processed under rule 11-A. It should be determined whether any further enquiry on any point or on any matter is necessary. If so, the case may be remitted for further enquiry into that point or matter. Otherwise, the following steps should be taken. (a) Findings of the Government should be recorded on the articles of charge inquired into by the Inquiring Authority. If Government disagree with any of the findings of the Inquiry Authority, its findings should be recorded accordingly with brief reasons for the disagreement. (b) If Government, having regard to the findings of all or any of the articles of charges, is of the opinion that any of the minor penalties specified in clause (ii) to (iv) of rule 8 should be imposed on the Government servant, it should straightaway issue an order imposing such penalty. Consulation with the P.S. Commission before imposing a minor penalty by Government is not necessary. Orders passed by the Government should be communicated to the Government servant who should be supplied with a copy of the report of enquiry, a copy of the findings of Government on each of the articles of charge; and a copy of the recommendation of the Vigilance Commissioner.

(c) If on the other hand it is decided to impose having regard to the findings of all or any of the articles of charges, any of the penalties mentioned in clause (v) to (viii) of rule 8, then**(i) A notice may be issued stating the penalty proposed to be imposed on him and calling upon him to submit within 15 days of the receipt of the notice, such representation as he may wish to make on the proposed penalty. Copies of the report of inquiry the findings on each of the articles of charges the brief reasons for disagreement, if any, with the findings of the inquiring Authority and the recommendation of the Vigilance Commissioner, should also be furnished to the Government servant alongwith the notice. Note:- If the findings of Government under sub-paras (a), (b) or (c) of this para are inconsistent with the recommendation of the Vigilance Commissioner, orders of the Cabinet should be obtained. (ii) On receipt of the reperesentation, if any, from the Government servant, the record of enquiry together with the notice issued to theGovernment servant and the representation of the Government servant with reference to the notice should be sent to the Karnataka Public Service Commission for advice. (iii) On receipt of the advice of the Commission orders should be passed by Government determining the penalty if any to be imposed on the Government servant and any other order as order as deemed fit. If the final orders proposed to be passed are at vary once with the advice of the Public Service Commission, orders of the Cabinet should be obtained. 3. Orders passed by the Government should be communicated to the Government servant as required by rule 12-A. **Note:- The procedure of issuing Second Show cause notice is not required to be followed in cases of inquiries after 15-1-77 in view of amendment of rule 11-A of C.C.A. Rules. sd/Section Officer, DPAR (SR-C) GOVERNMENT OF KARNATAKA No.DPAR 22 SSR 78. Karnataka Government Secretariat, Vidhana Soudha, Bangalore, Dated 29th December 1979. CIRCULAR Clarifications are being sought in several cases as to when an order suspending a Government Servant from duty takes effect and when an order revoking the order of suspension comes into force, and on other related matters. It is therefore considered necessary to clarify the position for the guidance of all concerned. Accordingly the following clarifications are issued. 2. (a) If the Government servant who has been suspended by the competent authority is on duty, the order takes effect from the date it is communicated to him and he is releived of his duty. It is, therefore, necessary that the authority who

passes the order of suspension should also specify the officer who should take charge of the office held by the Government servant who is placed under suspension. If the authorities which passes the order of suspension is different from the authority which is competent to make arrangement for relief of the suspended Government servant by posting a substitute, then the former should communicate to the Government servant the order of his suspension through the latter who should simultaneously communicate to the suspension Government servant both the order of suspension and the order making arragement for his releif. (b) If on the other hand the Government servant who has been suspended is not on duty at the time when the order of suspension is passed, then the order takes effect from the date of its despatch by registered post, if sent by post, or from the date of its communication to the Government servant if communicated in person. (c) An order revoking the suspension order comes into force from the date of its receipt by the Government servant under suspension. The revocation order should, therefore, specify the place of his posting also so that he might go and assume charge of the office immediately. If the order revoking suspension does not indicate the place of his posting he would not be in a position to assume charge of any office though the suspension has been revoked. This leads to avodiable complications, infructuous expenditure and unnecessary correspondance, in that the period from the date of receipt of this order by the Government servant and the date he assumes charges of the office has to be treated as compulsory waiting period for this purpose the matter has to be referred to the Staff Screening Committee and payment of salary for the period has to be made without taking any work from the Government servant. 3. The Secretaries to Government and Heads of Departments are requested to bear in mind the position explained above while passing orders in matters relating to suspension of Government servants. They are also requested to bring this to the notice of all the appointing authorities and other officers under their administrative control who are competent to place Government servants under suspension and make orders in matters connected thereto. sd/Teresa Bhattcharya, Joint Secretary to Government, Dept. of Personnel & Admnv. Reforms, (Personnel Division). Circular No. DPAR 18 SSR 79, dated 2nd March 1979 Sub:Departmental Enquiries - cases to be referred to Chief Secretary procedure, regarding.

Cased relating to Departmental Inquries are being referred to the Chief Secretary by the Administrative Departments of the Secretariat before issuing final orders, Invariably, such cases contain complicated facts which may required analysis in detail with reference to the provisions of K.C.S. (Classification, Control and Appeal) Rules, Circular instructions issued in the matter, decided case laws and precedents. Such cases have to be examined

by the Department of Personnel and Administrative Reforms (Service Rules) before they are submitted to the Chief Secretary. 2. The Administrative Departments should themselves examine such cases first at their level, with reference to the rules, etc., and put up notes indicating the facts of case and specifying their own views thereon and then refer the file to the Department of Personnel and Administrative Reforms. The reference note should clearly indicate the specific points on which interpretation of rules of orders is sought as this would facilitate quick examination of the cases by the Department of Personnel and Administrative Reforms and formulation and communication of its views thereon without delay. 3. Such a procedure, should also be followed in case relating to other service matters such as recruitments, promotions, seniority etc. of Government servants, referred to the Chief Secretary or the DPAR (Service Rules). 4. The Secretaries to Government may please bring these instructions to the notices of all the concerned officers and officials in their Departments. Circular No. DPAR 30 SSR 79, dated 17th April 1979 Sub:- Un-authorised absence of Government servants, Instructions regarding Quick Disposal of enquiry cases. It was come to the notice of Government that in several cases in which Government servants have remained absent unauthorisedly, either no action has been taken against them or in some cases where action has been initiated, it is done after a lapse of considerable time. Unless timely, steps are taken in such cases effective disciplinary action cannot be taken against the erring officials and the posts held by these absentees remain vacant causing considerable dislocation of work as it would not be possible to post substitutes in their places. A Government servant does not cease to be a member of the services to which he is appointed or sever connections with the post held by him by reason of his un-authorised absence unless action is taken aganist him by the appointing authority / competent disciplinary authority under KCS (Classification, Control and Appeal) Rules 1957 and he is removed or dismissed from service after conducting an inquiry in accordance with rules 11 and 11A of these rules. Normally it should not take much time to hold an inquiry and finalise action in accoradance with rule 11 and rule 11A of the KCS (Classification, Control and Appeal) Rules. If the Government servant refused to receive notices / orders of the competent authority, the procedure laid down under rule 28-A of the KCS (Classification, Control and Appeal) Rules could be followed conveniently and if necessary, and ex-parte inquiry held aganist him and final orders passed removing or dismissing him from service if the charge of un-authorised absence is established. The Secretaries to Government and Heads of Departments are requested to take necessary action in the matter and bring these instructions to the pointed notice of appointing authorities / disciplinary authorities under their control, and see that delays in instituting / finalising inquiries in such cases are avoided. Any delay in taking action in such cases would be viewed seriously and the concerned officer who has failed to take action or delayed taking action will be held personally responsible and disciplinary action would have to be initiated against him for the lapse. Circular No. DPAR 46 SSR 79, dated 28th June 1979

Sub:CCA Rules

Appointment of Presenting Officers in Disciplinary cases under the

Under rule 11(5) (c) of the Karnataka Civil Services (Classification, Control and Appeal) Rules 1957 the disciplinary authority could nominate a Government servant as a Presenting Officer to present the case on behalf of the disciplinary authority in a departmental inquiry instituted aganist any other Government servant. The Government servant to be nominated as the Presenting Officer would normally be the one who is working under the control/jurisdiction of the concerned Disciplinary Authority. If for any reasons, the Disciplinary Authority proposes to appoint a Government servant who is not under its control / jurisidiction but under the control of any other Authority, the former Authority has, necessarily, to consult the latter Authority and seek its concurrence before appointing such a Government servant as the Presenting Officer. All the Disciplinary Authorities in various Departments and Offices should keep in view, the above position and ensure that as far as possible, only the Government servants under their jurisdiction are appointed as Presenting Officers in cases relating to disciplinary proceedings and if any other Government servant is to be nominated as Presenting Officer, the concerned Disciplinary Authority under whose control the Government servant is working should invariably be consulted. All the Secretaries to Government and Heads of Departments are requested to bring the above instructions to the notice of all the Disciplinary / Appointing Authorities under their control. Circular No. DPAR 2 SIN 79, dated 4th July 1979 Sub:Ref:Communications to be addressed to the Vigilance Commission Instruction - reg. Circular No. DPAR 191 PVC 78, dated 21st November 1978.

Instructions were issued in the Circular read above that all communications to the Vigilance Commission should be addressed to the Director of State Vigilance Commission excepting in the case of D.O. letters meant for the personal attention of the Vigilance Commissioner which could be addressed to him. 2. In spite of these instructions, it has been brought to the notice of Government, that even ordinary letters are being addressed directly to the Vigilance Commissioners. It has how been decided that all communications meant for the Vigilance Commission must be addressed to the Director Vigilance in the Vigilance Commission and no communication should be addressed to the Vigilance Commmissioners. 3. All the Secretaries to Government and the Heads of Departments are requested to ensure that in future Communications meant for the Vigilance Commission are addressed to the Director of Vigilance only. GOVERNMENT OF KARNATAKA No.DPAR 71 PVC 78. Karnataka Government Secretariat, Vidhana Soudha, Bangalore, Dated 17th July, 1979. CIRCULAR

Sub:-

Reinstatement of Government servants placed under suspension at the request of the State Vigilance commission.

Whenever a complaint of corruption etc., is made against a Government servant and the Vigilance Commission held a preliminary enquiry and reports to Government that a prima facie case is made out against him and requests that he should be placed under suspension, that person is placed under suspension immediately. 2. The question whether such Government servant might be reinstated subsequently with or without the prior concurrence of the Vigilance Commission, has been examined. 3. It is now decided that, whenever it is proposed to reinstate in service a Government servant, who has been placed under suspension, at the instance of the Vigilance Commission, irrespective of the period for he has been placed under suspension, prior concurrence of the Commission might be obtained. In other words, the supension should not be revoked, automatically just because the Government servant has been under suspension for a period exceeding six months and some delay on the part of the Commission is anticipated in finalising the enquiry and in sending a report to Government. 4. The Commission has assured Government that any request for reinstatement will normally be disposed of within the shortest time possible. 5. These instructions supersede all others issued so far in this regard. sd/N.Narasimha rau, Chief Secretary to Government Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 Amendment of rule 11 'A' - Further clarification in respect of issue of Second Show Cause Notice. Circular No. DPAR 56 SSR 78, dated 16th August 1979 Ref:Circular No. DPAR 70, SSR 76, dated 29th January, 1977. Consequent upon the amendment of Rule 11-A and some other rules of Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 made under Government Notification No. DPAR 70 SSR 76, dated 15th January 1977, instructions were issued in the Circular referred to above that before imposing any of the penalties specified in clauses (v) to (viii) of Rule 8 of the Classification, Control and Appeal rules, it was not necessary to issue second show cause notice. It has also been specified that when the second show cause notice had already been issued to a Government servant before the date of coming into force of the aforesaid amendment, a reply thereto might be awaited and the representation if any submitted by such Government servant should be taken into consideration before any final orders were issued. The matter has been re-examined in consultation with the law Department. Though Legally it may not be necessary, it is considered advisable, that in repsect of proccedings started prior to 42nd amendment of the Constitution or prior to the amendment of the Classification, Control and Appeal Rules, which are still pending with the disciplinary authorities to issue the second show cause notice as who contemplated prior to the amendment. This is necessary with a view to avoiding a possible contention being raised before the Court that the requirement of Second Show Cause notice has not been followed

on the plea that the proceedings that were pending as on the date of 42nd amendment of the Constitution should be considered and finalised in accordance with the Law as it existed prior to the amendment. All Secretaries to Government and Heads of Departments are requested kindly to keep in view the above instructions while dealing the disciplinary cases of the kind mentioned above and also to bring them to the notice of several appointing and disciplinary authorities under their control.

GOVERNMENT OF KARNATAKA No.DPAR 80 SSR 79. Karnataka Government Secretariat, Vidhana Soudha, Bangalore, Dated 14th March 1980. CIRCULAR Under Note 1 below rule 98(B) of the Karnataka Civil Service Rules prior to its deletion, sanction of Government was necessary for extension of the periods of suspension of Government servants beyond the initial 6 months period. By the amendment issued in Government Notification No. FD 78 SRS 77 dated 12.7.1978 the aforesaid note was deleted. Consequently sanction of Government for the continued suspension of Government servants beyond 6 months is not necessary even though such cases are required to be reported to Government in terms of rule 10(5) of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 for such orders as the Government may deem fit. The Government servants who are placed under suspension without indicating in the order suspending them any specific period(s) of suspension will continue under suspension till it is revoked by the authority which suspended them, or any higher authority or Government but sanction of Government is no more required for continuing them under suspension beyond the initial period of 6 months. Doubts have also been raised as to whether sanction of Government is necessary for payment of subsistence allowances for period beyond 6 months to the Government servants who continue under suspension. It is hereby clarified that such sanction of Government is also not necessary. The authority which made or is deemed to have made the order of suspension is itself competent to regulate the quantum of subsistence allowance payable to Government servants under suspension, in accordance with the provisions of Rule 98(A) of Karnataka Civil Service Rules. sd/B.B.Bajentri, Under Secretary to Government, Dept. of Personnel & Admnv. Reforms, (Services Rules-I). GOVERNMENT OF KARNATAKA No.DPAR 17 SSR 80. Karnataka Government Secretariat,

Vidhana Soudha, Bangalore, Dated 28th April 1980. CIRCULAR The number of cases relating to departmental enquiries aganist Government servants being handled at the Government level in the Secretariat has been on the increase. Government are, no doubt, the appointing authority in relation to Class I and Class II posts and they alone are competent under the existing provisions of the rules to impose major penalities; but that does not imply that complaint or allegation aganist Class II officers should come to Government. One of the reasons for the increase in work in the Secretariat is that even in cases where the Heads of Departments are themselves competent under the rules to take certain action, references are being made to Government. It is, therefore, considered necessary to bring to the notice of the Heads of Departments and others the relevant provisions contained in the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 according to which power is vested in them to initiate departmental enquiries even against Government servants in Class II service and others although Government are the appointing authority in their respect. 2. Under clause (b) of sub-rule (2) of Ruel 9 of the rules referred to above the Heads of Departments are vested with the power of imposing on Class II officers certain minor penaltites specified therein. Under the other clauses of this rule the Inspector General of Police, the Divisional Commissioners, the Joint Development Commissioners and other specified therein are competent to impose the specified minor penalties under different clauses of the rule. Eventhough they have the power to impose only certain minor penalities it is permissible for them to institute under sub-rule (2) of Rule 10A disciplinary proceedings aganist Class II officers for the purpose of imposing any of the major penalty specified in clauses (v) to (viii) of rule 8. They could accordingly initiate disciplinary proceedings against class II officers also. If after the Heads of Departments or any other authority who is competent to impose any of the minor penalties, institutes accordingly an enquiry under rule 11 and after the completion of the enquiry, comes to the conclusion that, having regard to the gravity of the mis-conduct established against a Class II officers, imposition of any of the major penalities is justified and warranted he can forward the records of enquiry to Government. This is specifically provided for in sub-rule (21) of rule 11 of the rules. Thus it could be seen that it is not always necessary that every complaint or an allegation against a Class II officer should be referred to Government for initiating disciplinary proccedings; the Heads of Department could initiate proceedings not only under rule 12 but also under rule 11 of the Rules. 3. The Heads of Departments and other authorities who are competent to impose any of the minor penalties on Class II officers or other gazetted officers may kindly note for guidance the position explained in the foregoing paragraphs and avoid unnecessary references to Government even in cases where they are competent to initiate disciplinary proceedings and send a report to Government only at the stage of imposing a major penalty, where such a punishment is called for. sd/N.Narasimha rau, Chief Secretary to Government. GOVERNMENT OF KARNATAKA No.DPAR 61 SSR 80. Karnataka Government Secretariat,

Vidhana Soudha, Bangalore, Dated 1st October 1980. CIRCULAR Sub:Ref:Service of Order, Notices etc. under Rule 28A of the K.C.S. (Classification, Control & Appeal) Rules, 1957. Circular No. DPAR 30 SSR 79, dated 17.4.1979

Instructions have been issued in the Circular referred to above regarding the manner in which the cases of Government Servants who have remained or who remain absent unauthorisedly from duty are to be dealt with. In the matter of service of notices / orders it has been indicated that the procedure specified in rule 28A of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 be followed:2. The modes of service contemplated in this rule are:(a) service in person on the Government Servants concerned; or (b) service by registered post; or (c) service by affixing a copy thereof on the notice board of the office of the Disciplinary Authority or of the Enquiring Authority and upon some conspicious part of the house, if any, in which he is known to have last resided; or (d) by publication in two daily news papers having wide circulation in the State. 3. In this connection, the disciplinary authorities / Inquiring authorities are advised to resort to the procedure mentioned under item (d) in para 2 above only where service in accordance with the mode mentioned under items (a) to (c) in the said para is not possible. 4. The Secretaries to Government and Heads of Departments are requested to bear in mind the procedure mentioned above while serving notice under Rule 28A of Classification, Control and Appeal Rules. They are also requested to bring this to the notice of all the appointing authorities under their administrative control. sd/M.K.Jothisenthan, Additional Secretary to Government, Dept. of Personnel & Admnv. Reforms. GOVERNMENT OF KARNATAKA No.DPAR 17 SSR 79. Karnataka Government Secretariat, Vidhana Soudha, Bangalore, Dated the 17th October 1980. CIRCULAR Sub:Ref:Suspension of Government Servants - further instructions regarding. Circular No. DPAR 24 SSR 77, dated 16.8.1978.

In the Circular referred to above, it is clarified, among other things, that a suspension order issued for a specified period lapses on the expiry of the period, that orders

continuing suspension issued after the expiry of the period with a time gape is ineffective and not enforceable and that the Government Servant is deemed to be on duty on the date of expiry of the suspension period. 2. The above clarification holds good if the suspended official to whom the order of suspension specifying the period of suspension is communicated reports to duty on the expiry of the period of suspension. Then there is no option but to consider him as on duty. If he does not report to duty eventhough it is known to him that the order of suspension has expired, his absence after the expiry of the period of suspension is unauthorised absence and should be dealt with under rule 106-A read with rule 108 of the Karnataka Civil Service Rules. 3. The Secretaries to Government and Heads of Departments are requested to follow these instructions strictly. They are also requested to bring this position to the notice of all the appointing authorities and other authorities under their administrative control who are competent to place Government Servants under suspesion and pass orders for revocation of suspension of Government Servants. sd/A.H.Someshwar, Deputy Secretary to Government, Dept. of Personnel & Admnv. Reforms, (Service Rules).

GOVERNMENT OF KARNATAKA No.DPAR 5 SSR 79. Karnataka Government Secretariat, Vidhana Soudha, Bangalore, Dated 8th July 1981.

OFFICIAL MEMORANDUM Sub:- Departmental Inquiry - Appointing Deputy Commissioners of Inquiries or Assistant Commissioners of Inquiries of the Karnataka State Vigilance Commission as the Inquiry Officers. The Public Accounts Committee while considering the Appropriation and Finance Accounts and Audit Reports relating to one of the Secretariat Departments suggested appointment of whole time Inquiry Officers in Government Departments to deal with disciplinary cases exclusively to ensure speedy disposal of cases since regular officers could not bestow much attention on these cases. Similar suggestion to appoint Inquiry Officers in each Division / District to deal with disciplinary cases pertaining to various departments in the Division / District was also made by some of the Divisional Commissioners. 2. This suggestion was examined by Government in consulation with the State Vigilance Commission. The Commission after considering the matter opined that there was no need for creation of posts of Inquiry Officers in Government Departments at State

Level or Divisional / District Level for Inquiring into allegations of serious nature aganist Government servants and suggested that such cases would very well be referred to the Vigilance Commission for Inquiry. 3. There are certain advantages in entrusting the complicated cases relating to departmental action against Government Servants to the Commission. The Commission has Inquiry Officers with Judicial outlook and experience and is, therefore, better equipped to handle and finalise Inquiry cases not only expeditiously but also in accordance with law. It has also other staff who are conversant with the rules of natural justice and other laws relating to quasi-judicial functions. 4. Government have, therefore, decided to accept the suggestion of the Commission. In respect of cases investigated by it, the Commission acquires jurisdiction to hold Inquiries if such cases are referred to the Commission by Government for holding Inquiry in terms of rule 11 of Karnataka Civil Services (CCA) Rules, 1957. In respect of the other cases, it has been decided that officers of the Commission should be appointed as Inquiry Officers who should submit their reports to the Disciplinary Authorities concerend. As a first step, it has been decided that this procedure should be adopted in respect of cases pending or to be initiated at the level of Government (i.e. Secretariat Departments) and at the level of Heads of Departments. 5. Secretaries to Government and Heads of Departments are, therefore, requested to make a list of Inquiry cases pending with them indicating therein the names and designations of the Accused Government Officers and send the list to the Secretary, Karnataka State Vigilance Commission, with a request to suggest the names of the Commissioners or Deputy Commisssioners of the Commission who could be appointed as the Inquiry Officers. Soon after the Commision suggests the names of the Officers to be so appointed, necessary orders appointing them as Inquiry Officers should be issued immediately. Articles of charges issued to the Accused Government Officers and written statement of defence submitted by them should be sent to the Inquiry Officers and, in cases where presenting officers are appointed, their names should also be communicated. Similar procedure should be adopted in respect of Inquiries to be initiated hereafter. 6. The list of pending cases as referred to above should please be forwarded to the Secretary, Karnataka State Vigilance Commission, before the end of July and a copy thereof should be endorsed to the Department of Personnel & Administrative Reforms (Service Rules). sd/A.H.Someshwar, Deputy Secretary to Government, Dept. of Personnel & Admnv. Reforms, (Service Rules). GOVERNMENT OF KARNATAKA No.DPAR 5 SSR 79. Karnataka Government Secretariat, Vidhana Soudha, Bangalore, Dated 17th August 1981. OFFICIAL MEMORANDUM Sub:Departmental Inquiry - Appointing Deputy Commissioners of Inquiries or Assistant Commissioners of Inquiries of the Karnataka State Vigilance Commission as the Inquiry Officers.

Ref:-

O.M. No. DPAR 5 SSR 79, dated 8.7.1981.

In the O.M. dated 8.7.1981 it was ordered that in disciplinary inquiry cases pending or to be initiated at the level of Government (i.e. Secretariat Departments) and at the level of Heads of Department, the officers of the Karnataka State Vigilance Commission should be appointed as Inquiry Officers and that they should submit their reports to the disciplinary authorities concerend. 2. Disciplinary inquiry cases could be instituted under Rule 11 and Rule 12 of the Karnataka Civil Services (Classification, Control & Appeal) Rules. A question has arisen whether in respect of cases instituted under Rule 12 also the officers of the Vigilance Commission should be appointed as Inquiry Officers. 3. Cases coming under Rule 12 are generally of simple nature and except in cases coming within the purview of clause (b) of sub-rule (1) of the said Rule 12, no inquiry is involved and, therefore, the question of referring such cases to the Vigilance Commission for appointing Inquiry Officers does not arise. Even in cases coming under clause (b) of sub-rule (1) of Rule 12 where an inquiry has to be held in the manner laid down in subrule (3) to (23) of rule 11, the inquiry would be for award of minor penalty and it is considered not necessary to entrust such inquirieis of simple nature to the officers of the Vigilance Commission. 4. Government have, therefore, decided in partial modification of the instructions issued in O.M. No. DPAR 5 SSR 79, dated 8.7.1981, that inquiry cases instituted under Rule 12 of the K.C.S (CCA) Rules, 1957, need not be referred to the Karnataka State Vigilance Commission and only the cases instituted under Rule 11 may be referred to the Commission in the manner prescribed in the O.M. dated 8.7.1981. 5. Inquiries are being made by several departments whether pending cases should be referred to the Karnataka State Vigilance Commission in accordance with the instructions contained in the O.M. dated 8.7.1981. It is clarified that pending cases instituted under Rule 11 may be referred to the Karnataka State Vigilance Commission only if the recording of evidence has not commenced. Pending cases where one or more witnesses have been examined either partly or fully need not referred to the Vigilance Commission and the existing Inquiry Officers may be asked to continue the inquiry.

sd/A.H.Someshwar, Deputy Secretary to Government, Dept. of Personnel & Admnv. Reforms, (Service Rules).

GOVERNMENT OF KARNATAKA No.DPAR 96 KLU 81. Karnataka Government Secretariat, Vidhana Soudha, Bangalore, Dated 29th October 1981.

OFFICIAL MEMORANDUM Sub:Ref:Investigation/Inquiry Reports by the Karnataka State Vigilance Commission Prompt disposal of- instructions - rega. D.O. No. GAD 23 IPN 75, dated 17.6.1975 from the Chief Secretary to Government (Copy enclosed)

In the D.O. letter referred to above caused for delay in handling the reports of investigation / inquires held by the Karnataka State Vigilance Commission into the allegations against Government servants were analysed and brought to the notice of all the concerned. Guidelines were also issued indicating the procedure to be followed in handling such cases and the need for avoiding delays in dealing with these reports was emphasized. If proper procedure is followed and reports are handled in the prescribed manner, there should not be any reason for delay. In spite of clear instructions issued in the matter, the State Vigilance Commissioner has recently pointed out delays in impelmenting the recommendations of the Commission and has suggested avoidance of such delays as a measure of eradication of corruption. Government, hereby reiterate the earlier instructions and once again emphasize the need for avoiding delay in dealing with the reports of the Karnataka State Vigilance Commmision. All secretaries to Government and Heads of Departments are requested to bear in mind the instructions contained in the D.O. letter dated 17-6-1975 of the Chief Secretary referred to above and follow the procedure indicated in the note appended thereto in dealing with the reports of invesigation and report of inquiry from the Vigilance Commission and ensure that prompt action is taken in these cases. The Secretaries to Government and Heads of Departments are also requested to bring to the notice of all the concerned officers under their control who handle such cases, the procedure indicated in the said note. sd/R.A.Naik, Chief Secretary to Government. GOVERNMENT OF KARNATAKA No.DPAR 466 SAS 81. Karnataka Government Secretariat, Vidhana Soudha, Bangalore, Dated 3rd November 1981. CIRCULAR Sub:Issue of instructions regarding rendering of assistance by Government Servants to the Vigilance Commission in departmental inquiries.

In the circulars No. GAD 57 PVC 74, dated the 16th September, 1974 and the 27th December, 1974 instructions have been issued to all Heads of Departments and Secretaries to Government to ensure that whenever any officer of the Vigilance Commission makes a request for any assistance during the course of investigation the same should be rendered immediately without having to obtain orders of the higher authorities and keep such information given or discussions made as confidential. The Heads of Departments were also requested to issue instructions to their subordinate officers in this behalf. It was made

clear that any instance of non-co-operation by any official would be viewed seriously by the Government. 2. Despite these instructions the Vigilance Commission has brought to the notice of the Government that investigations taken up by the Vigilance Commission against Government Servants are held up for considerable time on account of lack of co-operation by the officials concerned with the investigating officers. It has also been brought to the notice of the Government that non-cooperation persists despite requests made demiofficially to the higher authorities in that behalf. 3. Government have taken serious note of this position and it is hereby against directed that every Government Servant required to furnish any information within his/her knowledge in official capacity to any investigating officer of the Vigilance Commission should make available the same within the shortest possible time. The Heads of Departments are requested to ensure that this is done. In any case where a Government Servant is found to show non-cooperation in this matter and in cases where instances of non-cooperation have been brought to the notice of the Heads of the Departments by the Vigilance Commission or the investigating authorities, appropriate departmental action should be taken against the Government Servant concerned. sd/R.A.Naik, Additional Chief Secretary to Government. GOVERNMENT OF KARNATAKA CONFIDENTIAL No. DPAR 59 SDE 81. Karnataka Government Secretariat, Vidhana Soudha, Bangalore, Dated the 17th December 1981. OFFICIAL MEMORANDUM Sub:Suspension of Government servants - Review of cases of prolonged suspension.

In Confidentail O.M. No. DPAR 11 SSR 77, dated the 5the July 1977, all appointing authorities and officers authorised to place Government servants under suspension were required to review cases of suspension of Government servants on charges of misappropriation, embezzlement of Government money or corruption and where the court cases or disciplinary proceedings instituted aganist them were likely to drag on for a long time. According to these instructions the concerned authorities were required to consider the circustances of each case and decide whether the order of suspension might be revoked and the Government servant given a posting to a place where handling of Government money was not involved or where there was no scope for corrpution. While taking a decision on this issue the concerned authorities were also required to examine whether there was any likelihood of the Government servants tampering with any evidence or influencing any witness if he was so reinstated. The seriousness of the charge aganist the Government servant in the criminal or disciplinary case was also required to be taken into account. 2. While reiterating the instructions issued in O.M. dated the 5th July 1977 referred to above, the appointing authorities and officers authorised to place Government servants under suspension are requested to take immediate action to review all such cases of

suspension and consider reinstatement of the Government servants concerned in the event of the investigation/inquiry being likely to be prolonged and reinstate them. 3. These instructions would not apply to cases where suspension was ordered at the instance of the Vigilance Commission and also to cases where Government servants were placed under suspension on charges other than misappropriation, embezzlement of Government money or corruption. sd/A.H.Someshwar, Deputy Secretary to Government, Dept. of Personnel & Admnv. Reforms, (Service Rules). GOVERNMENT OF KARNATAKA No.LAW 166 LAG 81 Karnataka Government Secretariat, Vidhana Soudha, Bangalore, Dated 18th December 1981. OFFICIAL MEMORANDUM It has been observed that in good number of cases in which the State of Karnataka is a party, decisions of the Courts go aganist it. This has not only embarassed the State but has also contributed considerably to the delay in implementing the several welfare measures, besides forcing the state to incur avoidable huge expenditure, which the State can ill afford in the present critical financial position. An immediate necessity has therefore arisen to undertake a through study of the cases in which the decisions of the Courts have gone aganist the State with a view to finding out the exact causes as to why Courts had to give decisions adverse to the State. 2. Broadly speaking the reasons for the decisions adverse to the State could be attributed to one or more of the following reasons:(1) failure on the part of the departments concerned to place the full facts and the records relevant to the case before the Court; (2) failure to present the State's case effectively i.e. failure to file suitable statement with all relevant facts and law and to point out the relevant ruling, if any, of the Courts in support of the State's case; (3) the defective drafting of the law rules, orders etc; and (4) not following of rules and procedure prescribed by law. 3. However, in order to pin point where excatly the defect lay in each case and to take remedial steps in order to see that such a defect does not reoccur it has been decided that a review of the records relating to the cases in which decisions have been given by the courts aganist the state should be undertaken in a meeting of the following officers:1. Additional Chief Secretary; 2. Advocate-General or his representative; 3. Secretary to Government of the concerned department; and 4. Secretary to Government, Department of Law and Parliamentary Affairs.

4. To begin with, it has been decided that such a review should be confined to the orders made aganist the State by the High Court in Writ Petitions or Writ Appeals. The process of such a review could be extended to the decisions of the other Courts also in furture. 5. After the close of a month and in the first week of the succeeding month the Department of Law and Parliamentary Affairs would collect copies of the orders of the Courts in which decisions are given aganist the State during the previous month and convene a meeting in the chambers of the Additional Chief Secretary on a date and time in the second week of the succeeding month to be notified. The meeting will be attended to by the Advocate-General or his representative, the Secretary to Government, Department of Law and Parliamentary Affairs and the Secretary to Government of the department concerned for the purpose of the review. 6. The first meeting to review the orders of the High Court received in the month of December 1981 would accordingly be held in the month of January 1982. 7. In complicated and important cases as and when arguments are scheduled to be heard by the High Court it is desirable to have meetings of the Advocate in charge of the case, the Secretary of the department concerned and the Secretary to Government, Department of Law and Parliamentary Affairs a day or two earlier to the date fixed for arguments and again once or twice as may be necessary if the arguments last for more than one or two days to study the progress of the case and the points raised in the Court so that a combined effort may be made to effectively meet the points raised by the other side. Secretary, Department of Law and Parliamentary Affairs who will be in touch with the concerned Advocates will kindly arrange for such meetings. 8. All the Secretaries to Government are requested to extend their full co-operation in this exercise. sd/R.A.Naik, Additional Chief Secretary to Government. GOVERNMENT OF KARNATAKA No.LAW 166 LAG 81(P) Karnataka Government Secretariat, Vidhana Soudha, Bangalore, Dated : 4th March 1982. OFFICIAL MEMORANDUM Sub:Ref:Review of judgements wherein decisions have been given by the Courts aganist the State. O.M. No. LAW 166 LAG 81, dated 18.12.1981.

Para 5 of the O.M. dated 18.12.1981 referred to above envisages convening of a meeting in the chambers of the Additional Chief Secretary on a date and time in the second week of the succeeding month to be notified, for reviewing the judgements relating to the cases wherein decisions have been given by the Courts aganist the State. It is now considered necessary that such review should be taken at the level of the Chief Secretary to Government of Karnataka.

In partial modifications of O.M. dated 18.12.1981 referred to above, it is hereby directed that the meeting as envisaged in para 5 of the aforesaid O.M. shall be convened under the Chairmanship of the Chief Secretary to Government of Karnataka in the last week of the succeeding month (date and time to be fixed in consultation with the Chief Secretary). sd/R.A.Naik, Chief Secretary to Government. GOVERNMENT OF KARNATAKA No.DPAR 12 SDE 82 Karnataka Government Secretariat, Vidhana Soudha, Bangalore, Dated : 13th April 1982. CIRCULAR Sub:Ref:Departmental proceedings aganist Government servants placed under suspension- Delay in instituting i) O.M.No. GAD 21 SSR 65, dated 26.2.1965 ii) O.M.No. DPAR 11 SSR 77, dated 5.7.1977 iii) O.M.No. DPAR 59 SDE 81, dated 17.12.1981 Rule 10 of the Karnataka Civil Services (Classification, Control & Appeal) Rules, 1957, provides for placing a Government servant under suspension, when, among other things, disciplinary proceedings aganist him are contemplated. This is only an enabling provision. Whether in individual cases where disciplinary proceedings are proposed Government servant should be suspended or not should be determined with reference to the guidelines contained in the O.M cited at (i) above. But once a decision is taken to suspend a Government servant for the reason that disciplinary proceedings are proposed to be instituted, it is imperative to ensure that the disciplinary proceedings are instituted without delay in the official memoranda cited at (ii) and (iii) above detailed instructions have been issued for review of cases of suspension. The Central idea of these instructions are that there should not be prolonged suspension which have, apart from adverse effects on the Government servants concerned, serious financial implications also. 2) In a recent cases a Government servant was placed under suspension but no-action was taken to institute disciplinary proceedings for over nine months. When the aggrieved Government servants filed a Writ Petition, the Court was constained to direct the authorty concerned to take the Government servant back to duty. 3) Government, therefore, direct that when a Government servant is placed under suspensions pending institution of disciplinary proceedings, action to institute such proceeding should be taken within a period of three months from date of suspension. In complicated cases involving detailed investigation etc. that time may be extended upto to total period of six months. 4) Secretaries to Government and Heads of Departments should seriously view failure to comply with these instructions and take appropriate action aganist those responsible. sd/M.K.Venkateshan, Additional Chief Secretary.

GOVERNMENT OF KARNATAKA No.DPAR 10 SDE 82 Karnataka Government Secretariat, Vidhana Soudha, Bangalore, Dated the 9th April 1982. CIRCULAR Rule 18 of the Karnataka Civil Services (Classification, Control and Appeal) Rules 1957 provides for appeal aganist orders imposing penalties and rule 25 prescribes the procedure for consideration of such appeals and their disposal. While reviewing the orders of Courts in accordance with O.M.No.LAW 166 LAG 81, dated 18-12-1981 it is noticed that the Appellate Authorities pass very breif orders sometimes one sentance order like 'appeal considered and rejected' - such brief orders are technically defective and voilative of rules of natural justice and are, therefore, being quashed by the Courts or by the Governor while excersising his powers of review. As a result, Government servants who deserve, on merits of the case, severe penalties unpunished. It is therefore necessary that all the Appellate Authorities strictly follow the procedure prescribed in Rule 25 of the rules before they pass final orders. 2) The important points to be borne in mind by the Appellate Authorities while considering the appeals are i) Whether the appeal was filed within the period of limitation prescribed ii) Whether the disciplinary authority has followed the prescribed procedure before passing final orders, iii) Whether in a case before the inquiry officer has been appointed to hold inquiry and the disciplinary authority proposes to accept the recommendation of the inquiry officers, the several steps prescribed in rule 11 of the rules have been taken by the Inquiring Officer and whether he has analysed, appreciated and evaluated the evidence for and aganist the charges and whether he has dealt within his orders each of the contentions raised by the concerned accused Government officers and whether the Inquiring Officer has given reasons for his conclusions. iv) Whether the disciplinary authority has complied with the requirements of rule 11-A or Rule 12 as the case may be; and v) Whether the penalty is adequate, inadequate or excessive. 3) The Appellate Authority should consider the contensions raised by both sides and give his findings therein. He should not hesitate to accept errors, if any, committed by the Inquiry Officer and to give proper relief if wrong has been done to the accused officer. He should decide the case without bias in a spirit of and with the sense of responsibility of a Tribunal so that the departmental remedy, by way of appeal, provided for in the rules does not become illusory. 4) Any lapse on the part of the Appellate Authorities in this behalf would be viewed by Government seriously. sd/M.K.Venkateshan, Additional Chief Secretary. GOVERNMENT OF KARNATAKA

No.DPAR 8 SDE 82

Karnataka Government Secretariat, Vidhana Soudha, Bangalore, Dated the 28th April 1982. CIRCULAR

Sub:-

Karnataka Civil Services (Classification, Control & Appeal) Rules, 1957 clarification regarding second show cause notice. ii) Circular No. DPAR 56 SSR 78, dated, 16.8.79.

Ref:- i) Circular No. DPAR 70 SSR 76 dated, 29.1.77 Consequent on the amendment of Article 311(2) of the Constitution of India by the Constitution (42nd Amendment) Act, Rules 11-A, 25 and 26 of the Karnataka Civil Services (Classification, Control & Appeal) Rules, 1957, were amended in Notification No.DPAR 70 SSR 76, dated 15.1.77. The main object of the amendment of Article 311(2) was to do away with what was generally known as "the second show cause notice." In the Circular cited at (i) above it was clarified that after the amendment of the Rules it was not necessary to issue the second show cause notice. In the Circular cited at (ii) above it was, however pointed out that in respect of proceedings started prior to the 42nd amendment of the Constitution or prior to the amendment of the Karnataka Civil Services (Classification, Control & Appeal) Rules, 1957, and which were pending with the disciplinary authorities, it was advisable to issue the seond show cause notice as was necessary prior to the amendment. 2) This issue was examined by a Division Bench of the High Court of Karnataka in W.P. No. 17572 of 1980 (M.P.Naik Vs. the State of Karnataka and others). The court held the view, among others, that the opportunity to show cause to be given to the Government servant after furnishing a copy of Inquiry Officer's report was a part of the reasonable opportunity of being heard contemplated by Article 311(2) before as well as after its amendment and that what was denied by the amendment of Article 311(2) was only an opportunity of making representations in regard to the proposed penalty. According to the court, the amendment did not take away the right of Government servant to be supplied with a copy of the report of the Inquiry Officer and to an opportunity of showing cause vis-a-vis the findings recorded by the Inquiry Officer in his report. 3) The State Government have appealed to the Supreme Court. But pending decision on the appeal, it is considered necessary to comply with the direction of the High Court of Karnataka in the W.P. referred to above. 4) Thus, in modification of the instructions contained in the Circulars read above, Government direct that before passing the final orders imposing any of the penalties specified in clauses (v) to (viii) of rule 8 of the K.C.S. (C.C.&A) Rules, 1957, on a Government servant, a copy of the Inquiry Officer's report should be given to the Government servant providing him an opportunity of showing cause why the findings recorded by the Inquiry Officer in his report should not be accepted. It is not necessary to intimate him the tentative decision of the disciplinary authority in regard to the penalty proposed. 5) The Secretaries to Government and the Heads of Departments are requested to bring the above instruction to the notice of all Disciplinary Authorities/Appointing Authorties under their control. sd/A.H.Someshwar,

Deputy Secretary to Government, Dept. of Personnel & Admnv. Reforms, (Service Rules). GOVERNMENT OF KARNATAKA No.DPAR 8 SDE 82 Karnataka Government Secretariat, Vidhana Soudha, Bangalore, Dated the 17th July 1982. CIRCULAR Sub:Ref:Karnataka Civil Services (Classification, Control & Appeal) Rules, 1957 further clarification regarding second show cause notice. Circular No.DPAR 8 SDE 82 dated 28-4-1982.

In the circular dated 28-4-1982 referred to above, it was clarified, among others, that before passing final orders imposing any of the penalties specified in clauses (v) to (viii) of rule 8 of the Karnataka Civil Services (Classification, Control & Appeal) Rules, 1957 on a Government servant, a copy of the Inquiry Officer's report should be given to the Government servant thus providing him an opportunity of showing cause why the findings recorded by the Inquiry Officer in his report should not be accepted. 2) This matter has been further examined and the following further clarifications are issued: (i) In a case where the Disciplinary Authority proposes to disagree with the findings of the Inquiry Officer on all or any of articles of charge, the findings of the disciplinary authority specifying reasons for such disagreement may also be communicated together with a copy of the Inquiry Officer's report to the Government servant. (ii) When an inquiry has been conducted by the Viglance Commission under Rule 14-A of the Karnataka Civil Services (Classification, Control & Appeal) Rules, 1957 and report of the Inquiry Officer's and the recommendations of the Vigilance Commission are received by the Government, a copy of recommendations of the Vigilance Commissioner should also be supplied along with a copy of Inquiry Officer's report to the Government servant. 3) The Secretaries of Government and the Heads of Departments are requested to bring the above instructions to the notice of all Disciplinary Authorities/Appointing Authorities under their control. sd/A.H.Someshwar, Deputy Secretary to Government, Dept. of Personnel & Admnv. Reforms, (Service Rules). GOVERNMENT OF KARNATAKA

No.DPAR 21 SDE 83

Karnataka Government Secretariat, Vidhana Soudha Bangalore, dated the 1st June. 1983 CIRCULAR

Sub:-

Review of disciplinary cases which are pending finalisation-prescription of monthly progress report.

It has been observed that in processing the departmental inquries instituted against Government servants, the Disciplinary/Appointing Authorities are not bestowing their attention to see that these inquiries are finalised as expeditiously as possible. Consequently, in cases where Government servants are placed under suspension pending inquiry, suspension continues for long periods. In most of the cases suspensions and departmental inquiries extend over a period of years causing infructuous expenditure to Government. With a view to minimise the delay in completing the departmental inquiries it is considered necessary to review all such pending cases at regular levels. Accordingly the following instructions are issued. i) Heads of Departments are requested to collect on the first of every month a progress report from each one of the suspending/disciplinary/appointing authorities in their departments in the enclosed proforma. They should undertake a review of all these progress reports and issue appropriate instructions to the concerned authority who has a large number of pending disciplinary (including suspension) cases for finalising them. ii) They should also consolidate the data received by them from the subordinate offices and prepare one consolidated statement showing the number of cases pending in the department as a whole and submit this consolidated statement to the concerned administrative Secretariat Department by the 5th of the following month. iii) The Secretaries to Government in the administrative department should add to the statement so received from the Heads of Departments in accordance with item (ii) above, the inquiry cases pending in the Secretariat Department and review all such cases and issue appropriate instructions to the concerned Heads of Departments/Secretariat Officers with whom the number of pending departmental inquiry (including suspension) cases is very high by the 10th of the following month. iv) Secretaries to Government should please forward to D.P.A.R (Service Rules) a consolidated statement including therein the figures furnished by the Heads of Departments and those belonging to the Secretariat Department on the 10th of the following month. 4. The first report to be furnished in the matter should relate for the month of June 1983. 5. The Secretaries to Government and Heads of Departments are requested to follow these instructions strictly. They are also requested to bring this position to the notice of all the appointing authorities/disciplinary authorities/suspending authorities under their administrative control. sd/A.H. Someshwar Deputy Secretary to Government Dept. of Personnel & Admnv. Reforms, (Service Rules).

PlP Pg AS: rJDg 41 JrE 83 PlP Pgz aAi, zszs, AUg, AP 16CU 83. CPv e v Ai: MAz z CAiU w Azg Pj Pgg qAiwg ES vSUEU W jU ZU. gz

PgP DyP vg DzAi gvr, Gz DzU U Pj Pgg gz rg ES vSU PqAv CP U EwaU PgP gv. EzP Pgt, EAv vSU v jl Pj CPjU vgU z PAiU zsUzz v CAv vSU Pj Pg w Az Azg AiU CPz Ezz DVgvz. DzzjAz, EAv PgtU PwAiU AiU AU, CU g W P vUzPz CvP. 2. DzzjAz J PjU (rj Cxjn) EzP Uwg Ai MAz iP gu nAi vAiij Cz A wAU 5 APz MUV F PU az CPjUU PPqvPz. U '' v U 'r' UP jg PgjU AAzsl gu n. U '' UP jg PgjU AAzsl Dqv AAzsl gu n. ES SPjUU

PAizUU

ES SPjU v gAg vS PgtU F iP gu nAi j CAx J PgtU g , ES vSAi Jzjwg Pj Pgg vgU z Cg gz qAiwg ES vSU tU P PU vUzPAv Pg Dzvz. CAvAi aAiz J ES PAizU U 'J' v U '' CPjUU AAzsl CAx J ES vSU PgtU Pq g , Pgg w Az z vSU tUAv P P vUzPvPz. 4. ES SPjU F Dz J j PjU UP vgvPz. / .P. APm, Cg R PAiz GOVERNMENT OF KARNATAKA No.DPAR 55 SDE 83 Karnataka Government Secretariat, Vidhana Soudha Bangalore, dated the 14th November 1983

CIRCULAR Sub:Ref:Review of disciplinary cases which are pending finalisation-further instructions regarding. 1) Circular No. GAD 131 OOM 66 Dt. 21/12/66. 2) O.M. No. GAD 28 MAR 72, dated 30/5/72. 3) Circular No. DPAR 21 SDE 83 dated 1.6.83. Consequent on the prescription in the Circular cited at (3) above of monthly returns to indicate the number of suspension/inquiry cases pending, the quarterly returns prescribed in the Circular cited at (1) above may be discontinued. However, the special Register prescribed in Annexure I to the Circular cited at (1) above should be continued to be maintained. 2) The review of the quarterly return prescribed in the O.M cited at (2) above may now be undertaken in respect of the monthly return prescribed in the Circular cited at (3) above. 3) The Secretaries to Government and Heads of Departments are requested to bring this position to the notice of all the Appointing Authorities/Disciplinary Authorities/Suspending authorities under their administrative control. sd/A.H. Someshwar Joint Secretary to Government, Dept. of Personnel & Admnv. Reforms, (Service Rules) GOVERNMENT OF KARNATAKA No.DPAR 8 SDE 84 Karnataka Government Secretariat, Vidhana Soudha Bangalore, dated the 14th March 1984. CIRCULAR Sub:Defending the cases/suits filed in Courts against Government-Instructions-reg. Government have come across cases in which suits filed against Government Departments were decided ex-parte on the ground that the Government Pleaders authorised by Government to defend the suits did not appeal on the dates of hearing. Another reason for such a situation is that the defendant Heads of Departments do not pursue the suits/cases with Government Pleaders with proper care and ensure effective defence. Departmental Heads as defendants to suits are responsible to see that effective steps are taken in time to defend the cases, giving no room for any laxity on their part in pursuing the cases with Government counsels. Government, therefore direct that in cases/suits filed against Government in Courts, the concerned Heads of Departments and Officers should take necessary action to defend by providing timely assistance to the defence counsels authorised by Government and pursue the cases till they are heard and decided by the Courts.

The Secretaries to Government are requested to bring these instructions to the notice of the Heads of Departments and all other concerned Officers/Officials. The Secretary, Department of Law and Parly. Affairs in particular is requested to issue suitable instructions to the District Government Pleaders. sd/A.H. Someshwar Joint Secretary to Government, Department of Personnel & Admnv. Reforms, (Service Rules) GOVERNMENT OF KARNATAKA Personnel and Administrative Reforms Department OFFICIAL MEMORANDUM No. DPAR 12 SDE 83, BANGALORE DATED THE 21st APRIL, 1984. Sub:Suspension of Government Servants and their promotions pending inquiries instructions regarding.

In the O.M.No. GAD 21 SSR 65 dated 26-2-1965 certain guidelines were issued indicating certain circumstances under which Government servants might be placed under suspension, Government have further examined this matter and in modification of the earlier instructions the following instructions are issued for the guidance of the appointing/disciplinary authorities. Circumstances under which Government servants may be placed under suspension: (i) Where an accused Government servant if continued in service is likely to temper with witnesses or documents, shifting him to another station or post should first be considered. If it is still apprehended that he is likely to temper with witnesses or documents, he should be placed under suspension. When a Government servant is prosecuted for any offence committed in the course of his duty and which involves moral turpitude;

(ii)

(iii) Government servants caught red-handed while receiving illegal gratification; (iv) In certain situations where continuance of Government servant in service during investigation/inquiry is considered not desirable, the Government servant may be given the option to proceed on leave. Alternatively, he may be placed under suspension; (v) When the Vigilance Commission recommends placing a Government servant under suspension, the recommendation should be examined in the light of points (i) to (iv) above and decision taken accordingly. Period for which suspension should be continued pending investigation/inquiry The period of suspension should be limited as indicated below: (a) Where a Government servant is placed under suspension pending investigation, if investigation is not completed within six months, he should be reinstated. In such a case, if at the end of the investigation a Prima facie case is established there would be no objection to suspend him again pending inquiry/trial.

Where suspension is ordered or continued pending inquiry or trial, suspension should be revoked if inquiry/trial is not commenced within three months or the inquiry/trial even though commenced within 3 months, is not completed within nine months from its commencement. Promotion of Government Servants Against whom inquiries are pending. In O.M. No. GAD (SI) 56 SSR 59 dated 9/10/59 as modified in O.M No. GAD 80 SSR 65 dated 11/4/66 it was clarified that unless a Government servant is placed under suspension the mere fact that a departmental inquiry is pending against him, is no bar for considering his case for promotion. In further amplification of these instructions Government servant against whom inquiry is pending may be considered for promotion without reference to the pending enquiries and if he is otherwise found to be eligible, he should be promoted subject to the condition that the promotion would be reviewed at the conclusion of the inquiry based on the findings in the inquiry. The Secretaries to the Government and Heads of Department are requested to follow these instructions and to bring them to the notice of all the appointing authorities/disciplinary authorities/suspending authorities under their administrative control. sd/M.M. Naik Deputy Secretary to Government, Department of Personnel & Admnv. Reforms, (Service Rules)

(b)

PlP Pg AS: rJg 33 JrE 83 PlP Pgz aAi, zszs, AUg, AP 24 1984. CPv e v Ai: PlP (VPgt AiAvt v C) AiiU, 1957g w DUg Pj Pgg Eg ES vSU tU U.

Pj Pg AizU C rz Aiiz ES vSU C Az wAiiz Avg PlP AiiU 214 (J) AiP MlUz PlP (VPgt, AiAvt v C) AiiU, 1957gg AiU Pg AzjzP CPg. Pgt F AiU CjU C. 2. Pj Pg wAiiz Avg C qVz ES vSU PgP DyP GAmVA Pgtz AzP vUzP U gPgP gw. 3. EvxUz Gg ES vSU wU U U EAv PgtU DU A U MAz iP gu nAi CPv e v AS: rJDg 41 JrE 83 AP 1681983g ZU PqVz. 4. ES Rg v Pgz PAizU F CPv e vzgAv PPP P vUzPAq Pz EAv PgtU Gz Ai MzV g.

5. DzzjAz AP 1681983g CPv e vz ag ZU Cj w DUAv Pj Pgg qVg ES vSU Cg w DUzP AZ Evxiq P vUzPPAz ES RjU v Pgz PAizUU F P aVz. EAv PgtU E Az Pgz UP Azg Cz wV jUtUzAz F P wVz. / JA.JA. Aii G PAiz A v Dqv zsgu ES, ( AiU) GOVERNMENT OF KARNATAKA No.DPAR 12 SDE 83 Karnataka Government Secretariat, Vidhana Soudha Bangalore, dated, 21st June 1984 OFFICIAL MEMORANDUM Sub:Ref:Reinstatement of Government servants placed under suspension at the request of the State Vigilance Commission. 1. Circular No. DPAR 71 PVC 78 dated 17-7-1979. 2. O.M. No. DPAR 12 SDE 83 dated 21-4-1984 Government reviewed the policy in respect of suspension of Government servants and revocation of suspensions etc. and on such review, issued revised instructions/guidelines (vide O.M. No. DPAR 12 SDE 83 dated 21-4-1984) indicating the circumstances under which Government servants might be placed under suspension, the time after which suspensions might be revoked, pending investigations/inquiries against them. These revised instructions or guidelines have also to be applied to the cases where Government servants are placed under suspension at the instance of Karnataka State Vigilance Commission and their reinstatement after revocation of the suspension. As a result, it would be no more necessary to consult the Karnataka State Vigilance Commission in the matter of revocation of suspensions of Government servants ordered at the instance of the Commission as specified in the Circular No. DPAR 71 PVC 78, dated 17-7-1979 and hence, the said Circular is hereby rescinded. sd/M.M. Naik Deputy Secretary to Government, Department of Personnel & Admnv. Reforms, (Service Rules) GOVERNMENT OF KARNATAKA No.DPAR 16 SDE 84 Karnataka Government Secretariat, Vidhana Soudha Bangalore, dated the 2nd Aug. 1984 OFFICIAL MEMORANDUM

Sub:-

Departmental Inquiry under rule 11 of the K.C.S. (Classification, Control and Appeal) Rules 1957-entrusting the cases to the Officers of Karnataka State Vigilance Commission. O.M. No. DPAR 5 SSR 79 dated 8/7/81 and 17/8/81.

Ref:-

In O.M. No DPAR 5 SSR 79 dated 8/7/81 it was directed that in the departmental inquiry cases initiated against Government servants at the level of Government and at the level of Heads of Departments the Officers of Karnataka Vigilance Commission should be appointed as Inquiry Officers. It was further clarified in the O.M dated 17/8/81 that only cases instituted under rule 11 of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957, should be referred to the Karnataka State Vigilance Commission and not those initiated under rule 12 of these rules. The Vigilance Commission has brought to the notice of Government that in a good number of disciplinary cases initiated by the Heads of Departments under rule 11 of these rules and entrusted to the officers of the Commission for conducting inquiry, the charges are of simple nature requiring action under rule 12 of the rules and that cases are referred to the Commission, mechanically by the Disciplinary authorities without examining the nature of charges to decide whether a case calls for a major or minor punishment. Rule 11 of the rules deals with the procedure to be followed by the disciplinary authorities for imposing major penalties and rule 12 deals with that for imposing minor penalties. It should not be difficult for the Disciplinary Authorities to understand and decide whether a case on hand warrants a procedure for imposing major penalties or minor penalties if they apply their mind to go through all the important facts and circumstances of the case. Depending on the nature of charges and other circumstances the Disciplinary Authorities should be able to decide whether the cases call for a major or minor punishment. Only such cases as in the opinion of the Disciplinary Authority calling for imposition of a major punishment should be initiated under rule 11 of the Classification, Control and Appeal Rules and entrusted to the officers of the Vigilance Commission for inquiry in accordance with the Official Memorandum referred to above. Merely referring all types of cases mechanically to the Commission without proper application of mind would not only cause a lot of inconvenience to the Government servants involved in such inquiries but also burden the Commission with unnecessary work. It is therefore impressed on the Secretaries to Government and Heads of Departments that they should assess the gravity of charge and come to a specific conclusion whether it does requires imposition of a major penalty if the charge is proved and refer only such a case to the officers of the Commission. sd/M.M. Naik Deputy Secretary to Government, Department of Personnel & Admnv. Reforms, (Service Rules)

GOVERNMENT OF KARNATAKA

No.DPAR 30 SDE 84

Karnataka Government Secretariat, Vidhana Soudha Bangalore, dated the 27th Nov. 1984. OFFICIAL MEMORANDUM

Sub:-

Joint Inquiry against Govt. servants under Rule 13 of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957.

According to the provisions contained under Rule 13 (1) of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957, where two or more Government servants are concerned in any case, the Government or any other authority competent to impose the penalty of dismissal from service on all such Government servants may make an order directing that disciplinary action against all of them may be taken in a common proceedings. 2. Whenever an order for holding a Joint Inquiry under the said rule is passed, such order should also specifyi) The authority which may function as the Disciplinary Authority for the purpose of such common proceedings; ii) The procedure to be followed; and iii) The penalties specified in Rule 8 of the said rules which such disciplinary authority shall be competent to impose. 3. A case has come to the notice of Government where a Joint Inquiry was ordered but the penalties which the Disciplinary Authority is competent to impose and the penalties in respect of which it has to refer the case to higher authorities are not mentioned. A defective order of the above kind may vitiate the entire further proceedings. 4. The Secretaries to Government and Heads of Departments are requested to bear in mind the requirement of the rules as explained above while passing orders to hold Joint Inquiries under Rule 13 of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957. They are also requested to bring this to the notice of all the appointing authorities and other officers under their administrative control who are empowered to make orders under rule 13 of the Classification, Control and Appeal Rules. sd/M.M. Naik Joint Secretary to Government, Department of Personnel & Admnv. Reforms, (Service Rules) GOVERNMENT OF KARNATAKA No.DPAR 43 SDE 84 Karnataka Government Secretariat, Vidhana Soudha Bangalore, dated the 14th Feb. 1985 OFFICIAL MEMORANDUM Sub:Ref:Review of disciplinary cases which are pending finalisation-prescription of quarterly progress report. 1. Circular DPAR 24 SDE 83 dated 1.6.1983

2. O.M. No. DPAR 12 SDE 83 dated 21/4/1984. In Circular dated 1/6/83 referred to above a preforma has been prescribed to furnish information every month about disciplinary cases which are pending finalisation. Instructions were also issued for reviewing all such cases regularly. 2) In the O.M. dated 21st April 84, guidelines have been provided for revoking suspension of Government servants who are placed under suspension pending enquiry/trial. According to these guidelines where a Government servant is placed under suspension pending investigation and if investigation is not completed within six months he should be reinstated. It has also been made clear therein that where suspension is ordered or continued, pending inquiry or trial, the suspension should be revoked if the inquiry/trial is not commenced within three months or the inquiry/trial even though commenced within three months is not completed within nine months from its commencement. 3) The matter regarding submission of monthly reports prescribed in the Circular dated 1.6.83 has been reviewed further, taking into account what is stated in para 2 above and it is considered that quarterly reports should be prescribed instead of monthly reports prescribed in the Circular dated 1/6.1983. Accordingly, in supersession of the instructions issued in Circular dated 1.6.83 the following instructions are issued. i) Heads of Departments may collect a progress reports in the proforma attached to this O.M. from disciplinary authorities and undertake a review of these cases in the light of the instructions contained in O.M dated 21/4/84. Appropriate instructions to the concerned authorities may be issued for finalising the pending cases expeditiously. ii) A statement for the entire department may be prepared in the same proforma and submitted to the concerned administrative Secretariat Department by the 10th of the month following the quarter for which the statement is prepared. iii) The Secretaries to Government in the administrative department may have a consolidated statement prepared in the same proforma, includinga) the details received from the Heads of Departments under their administrative control ; and b) the cases pending at Secretariat level. They may also issue appropriate instructions to the concerned Heads of Departments/Secretariat Officers with whom the number of pending departmental inquiry (including suspension cases) is very high. The statement may thereafter sent to the Additional Chief Secretary so as to reach him by the 20th day of the month following the quarter. 4) The first such report to be furnished in the matter should be for the quarter ending on 31st March 1985. sd/M.M. Naik Joint Secretary to Government,

Department of Personnel & Admnv. Reforms, (Service Rules)

Statement of inquiry Cases/trial cases including suspension) cases pending in the Department of the .................................. for the quarter ending ............................. Part-I Suspension cases No of Govt. Servants under suspension at the end of previous quarter No. of Govt. servants placed under suspension during the quarter 2 No of Break up of col.5 suspended Balance Govt. Total servant Over 3 Over 6 Over 9 reinstated months months months in service during the quarter 3 4 5 6 7 8

Part-II Inquiry cases No of D.E Cases/ prosecution cases pending at the end of the previous quarter 1 No. D.E. Cases/ prosecution cases instituted during the quarter Tota l No of cases finalised and orders issued during the quarter Balanc Break up of col. 5 e Over 3 Over 6 Over 9 month month month s s s

Note Below : For purposes of this statement D.E. casess means cases in which articles of charges have been served on Govt. Servants or a notice under rule 12 of CCA Rule has been issued to Government servant and prosecution cases means cases in which charge sheet has been filed in Court. GOVERNMENT OF KARNATAKA No.DPAR 12 SDE 83 Karnataka Government Secretariat, Vidhana Soudha Bangalore, dated the 4th March 1985 OFFICIAL MEMORANDUM Sub: Suspension of Govt. servants and their promotions pending inquiriesInstructions regarding.

The para relating to period for which suspension should be continued pending investigation/inquiry, in the O.M. No. DPAR 12 SDE 83 dated 21st April 1984, shall be substituted by the following: The period of suspension should be limited as indicated below:(a) Where a Government servant is placed under suspension before the commencement of investigation into the allegations against him, he should be reinstated in service if the investigation is not completed within 6 months from the date of suspension. In such a case, if at the end of investigation a prima facie case is established, there is no objection to suspend him again before commencement of inquiry/trial. Where a Government servant is placed under suspension when the investigation is in progress, or at any time between conclusion of the investigation and commencement of inquiry/trial he should be reinstated in service if the inquiry/trial is not commenced within three months from the date of suspension; Where a Government servant is placed under suspension when the investigation/inquiry/trial is in progress or at any time between conclusion of the investigation and commencement of inquiry/trial, the period of his suspension should not extend beyond nine months from the date of commencement of the inquiry/trial or from the date of suspension whichever is later; The periods laid down in (a), (b) and (c) above for continuing a Government servant under suspension are only outer limits and do not prevent the appropriate authorities from reinstating the Government servant earlier if circumstances of the case warrant. Where a Government servant has been suspended by any authority other than the Government, the provisions of subrule (6) of rule 10 of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 should be complied with. sd/M.M. Naik Joint Secretary to Government, Department of Personnel & Admnv. Reforms, (Service Rules) GOVERNMENT OF KARNATAKA No.DPAR 13 SDE 85 Karnataka Government Secretariat, Vidhana Soudha Bangalore, Dated 3rd July 1985 OFFICIAL MEMORANDUM Sub: Ref: Suspension of Government Servants and their reinstatement. 1) O.M. No: DPAR 12 SDE 83 dated: 21-4-1984. 2) O.M. No. DPAR 12 SDE 83 dated 04-03-1985. In the official memoranda referred to above, certain guidelines were issued indicating circumstances under which Government Servants might be placed under suspension and the period for which suspension should be continued pending

(b)

(c)

(d)

investigation/inquiry. Government have further examined this matter and in supersession of the earlier instructions, the following instructions are issued for the guidance of the appointing/disciplinary authorities. 2. Circumstances under which Government servants may be placed under suspension: i) Where continuance in office of the Government Servant will prejudice the investigation, trial or any inquiry (i.e. apprehended tampering with witnessess or documents) ii) Where continuance in office of the Government Servants is likely to seriously subvert discipline in the office in which the Government Servant is working. iii) Where the Government Servant is prosecuted for any offence committed in the course of his duty involving moral turpitude. iv) Corruption embezzlement or misappropriation of Government money or money of a foreign employer under whom the Government Servant has worked on deputation or otherwise, possession of disproportionate assets, misuse of official powers for personal gain. v) serious negligence and dereliction of duty resulting in considerable loss to Government and to the foreign employer while the Government Servant had worked on deputation. vi) return to duty after unauthorised absence. vii) refusal, or deliberate failure to carry out written orders of superior officers. 3. Period of suspension: Rule 10 of the CCA Rules provides for placing a Government Servant under suspension where disciplinary proceedings are contemplated or are pending or where a case in respect of any criminal offence is under investigation or trial. It is thus permissible to place Govt. Servants under suspension even before the commencement of investigation into the allegations against him. Taking into account the above position, it is hereby directed that Govt. Servants placed under suspension should be reinstated in service if the stages of investigation or inquiry trial following the date of suspension are not adhered to according to the schedule below, namely, wherea) the investigation or inquiry/trial into the allegations against Govt. Servants have not commenced within three months from the date of suspension; b) the investigation into the allegations against Govt. Servants is not completed within six months from the date of commencement of the investigation; c) the inquiry/trial has not commenced within three months on conclusion of the investigation; d) the inquiry/trial has not concluded within twelve months from the date of commencement of the inquiry/trial or from the date of suspension whichever is later. The period laid down for continuing a Govt. Servant under suspension is only outer limit and do not prevent the appropriate authorities from reinstating the Govt. Servant earlier if circumstances of the case warrant. Where a Govt. Servant has been suspended by any authority other than the Govt., the provisions of sub-rule (6) of rule 10 of the Karnataka Civil Services (CCA) Rules, 1957 should be complied with.

4. Where any department, having regard to the gravity of the allegation and the complexity of the case in respect of the following types of cases is of the view that the time schedule laid down in the preceeding para cannot be adhered to and further continuance of the suspension of Govt. Servants is justified, such cases may be examined on their own merit and decision taken by the Minister concerned whether to continue suspension; i) Moral turpitude; ii) Corruption (including trap cases, embezzlement or misappropriation of money of Govt. or a foreign employer, possession of disproportionate assets and misuse of official power for personal gain); (iii)Refusal or deliberate failure to carry out Written orders of superior officers 5. Promotion on during inquiry:- In O.M No: GAD (SI) 56 SSR 59 dated: 09-101959 as modified in O.M NO: GAD 80 SSR 65 dated: 11-04-1966, it was clarified that unless a Govt. Servant is placed under suspension, the mere fact that a departmental inquiry is pending against him, is no bar for considering his case for promotion. In further amplification of these instructions, a Govt. Servant against whom inquiry is pending may be considered for promotion without reference to the pending enquiries and if he is otherwise found to be eligible, he should be promoted subject to the condition that the promotion would be reviewed at the conclusion of the inquiry based on the findings in the inquiry. 6. The Secretaries to Government and Heads of Departments are requested to follow these instructions and to bring them to the notice of all the appointing authorities/disciplinary authorities/suspending authorities under their administrative control. sd/M.M. Naik Joint Secretary to Government, Department of Personnel & Admnv. Reforms, (Service Rules) GOVERNMENT OF KARNATAKA No.DPAR 14 SDE 85 Karnataka Government Secretariat, Vidhana Soudha Bangalore, Dated 5th July 1985 OFFICIAL MEMORANDUM Sub: Withholding of special increments such as stagnation increment or increment for passing departmental examinations as a measure of penalty under Rule 8 of the Karnataka Civil Services (CCA) Rules, 1957 - Clarification regarding.

Under rule 8 of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 "withholding of increments" is one of the penalties which may be imposed on a Government Servant for good and sufficient reasons. 2. Whether the increments referred to in the aforesaid rules shall also include increments such as stagnation increments and additional increments for passing departmental examinations granted to Government Servants, has been examined.

3. It is hereby clarified that taking the structure of increment as a whole, the increment referred to in rule 8 of the said rules refers to normal increments in time-scale of any posts and does not include special increments such as stagnation increment or increment for passing departmental examinations. Hence the increment other than the normal increment cannot be withheld as a measure of penalty under the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957. In cases where the penalty of withholding of increments cannot be imposed as a measure of penalty on a Government Servant for the reason that he has already reached the maximum of the pay scale, the disciplinary authority may consider the question of imposing any other minor penalties including the reduction to a lower stage in a time-scale of pay. 4. The Secretaries to Government and Heads of Departments are requested to bring these instructions to the notice of all the appointing authorities and other disciplinary authorities under their administrative control for guidance.
sd/M.M. Naik Joint Secretary to Government Department and Personnel and Admnv. Reforms (Service Rules)

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DzzjAz Pg Dv Pg gz Aiiz DzAi j CAv Dz n v Dg AiU y gAv zd n v QU AAzsl zRU iv vAiij MzVPUvz. Dz nAi g Aiiz zRU Dv Pg jU Cz MzVPUvz. DzzjAz s vSAi Dzsgz Aiiz Dz nAi vAiijzU Cx F gAi Dz nAi zU iqPqz U Dz nAi AAzsl zRU Dzsj iv vAiij Dv PgU MzVPAz F P aVz. Pgz PAizU v ES Rg ZU v Cz PAi J PPjU/ PjU UP vgvPz. / JA. JA. Aii gPgz PAiz, A v Dqv zsgu ES, ( AiU) PlP Pg AS: rJDg 15 JrE 86 PlP Pgz aAi, zszs, AUg, AP 1 d 1986. CPv e v Ai: ES vSU Cjg U. q Urg PAiP jAiiV

GR: 1) CPv e AS :fJr 3 JDg 57, AP 14121957. 2) v AS: fJr 35 JJDg 58, AP 8159. 3) CPv e AS:fJr (J1) 33 JJDg 61, AP 2761962 4) CPv e AS: fJr 26 JJDg 72, AP 23672. 5) Pj CZ AS:fJr 2 JJDg 72, AP 1221973. PlP (VPgt, AiAvt v ) Aii, 1957 AP 10121957 gAz grz Avg Pj Pgg gz ES vSAi q CjPz P gV a, GR (1)g Ptg AP 14121957g CPv e grVv. vzAvg, Pj Pgg gz ES vSU qzg ZguPjU v PjU F U Pg grg AiU: ZU jAiiV Uz EgAv CP jwAi iV PAqgAv vU Pgz UP Az. DzzjAz, ES vSU q U CAvg grg ZU iV PAqgAv vU v, J PjU CAv wAiAz Pgtz ES vSAi PUU jAiiV U jAv Pg F U grg AiU U ZU AtV CzsAi irPAq, vzAvg ES vSAi qU Urg QAiAi ZZ vz vPzAz aVv. F ZU, Pj Pg ES vSAi q, ZguPjAiiV Cx PgU Cg Av vAz ES vSAi PAiP jAiV Cjz Ez v ES vSAi q CP v vjz, CAv Ai Pg wP V jUtz v EzP Pgtgz CPj: PjU PlP

 (VPgt, AiAvt v ) Aii, 1957grAi uAiiUg JAzV Pq wVv. Cz, F jwAi CP vAz PgP Kzg DyPV GAmz CzP Pgtgz CPg: Pg sjvPzAz Vv. tz GR (5) gg CZAi PlP (VPgt, AiAvt v ) Aii, 1957g Ai 11P wzr grz, zj AiiU Ai 11(J) JA MAz Ai Pq jv. EU ES vSAi q ZguPj v PjU Av AvV vUzPPz P aVz v Ai 11 grAi Dv Pj PgU zq itz PAi U q ES vSAi zs UvrVz ES vSU qzg U FUU gAv AiU U ZU gr J jwAi P vUzPArzg, EwaU gPgz UP Az MAz gP CfAi, Dv Pg ES vSAi qAv PgAz PUAq ZguPjAi, Dv Pj Pg v Pg jg DzU gz y PAi Tv gz ArzzjAz Dv DzU dAz yzAv wzPAq vSAi Vgvg. ZguPjAi AiU Pg vSAi qzAi Cx E JAz Pg jzAi ZguPjAi gAi Dzsgz Dv PgU zq itz PAi gvz. Cz, F vAi C Zj Pg Pq Uz Dv Pg g C Ai wgjz. Cv Pg v PAi Tv gz rA PgtAz F ES vSAi AizV qz v CzjAz Dv Pg gPU MAz CP q Ai Pq z. Dv Pg vSU dgUz Pz KPQAiz vSAi qPUvz. Ezg P PUAv jg DzU ZguPjAi AqPUvz. F CzU y zRU v QU Dzsgz Pgz gV, ZguPjAi ES vSAi PUz. J ZguPjU, PjU v C PjU CPvU UzqvPz. Ezz ES vSAi qU Uvrg zs PlmV vPz. Ez P vjz Cx vz CAv P wP V jUtUz v F U FUU rg ZUAv, PlP (VPgt, AiAvt v ) Aii, 1957 grAi P vUzPUz. Pgz J PAizU v ES RgU rg ZU, Pj Pgg gz P vUzP ZguPjUV qg v DAiiAii Azz zU P iqwg Pj PgjU AAzsl PjU, PPjU U C PgU UP vgvPz. / .Dg. AiP gPgz Cg R PAiz PlP Pg AS: rJDg 8 JrE 85 PlP Pgz aAi, zszs,

AUg, AP 30 rAg 1986. CPv e Ai: Pj Pgg gz vS: ES Zgu qzg A dP Pv wAi sg A vqUl ZU. 2) CZ AS. fJr 28 JJDg 69, AP 12.12.73. 3) CPv e AS. rJDg 5 JrE 79, AP 8.7.81. 4) CPv e AS. rJg 43 JrE 85, AP 14.2.85. 5) CPv e AS. rDJg 13 JrE 85, AP 3.7.85. 6) CPv e AS. rDJg 12 JrE 86, AP 22.5.86. 7) CPv e AS. rJDg 15 JrE 85, AP 1.7.86. Pgz zs ESU t zgAiU v CAiUP AAAv Pj Pgg gz rg vS v ES ZguU Ul DUz Egzg U zs Aqz dP Pv wAi v 198283 v 198384g 14 gU w DvAP Prz. AP 30.8.84gAz EAv PgtU 304 EzAz wzAz. MAz ESAi ES Rg sUVz RjAi Pgtz AAzsl aAiz Jgq ESU P vUzPAq jw wAi w CizsPq irPnz. s vS v ES Zgu qzg PwAi Cj U v ZguAi q ZguPjAi U, ES vSAi q CPjU AiU wzPPz U wAi P sg irz. s vS: ES ZguAi UwAi P PP gQ az. wAi F Aiz irg sg Uwg CAzsz Vz. 2. s vS: ES ZguU qzg Pgz ZU: iUz EAz zP g Cx Eg ZU: iUz zAz Uz. PlP U (VPgt, AiAvt v ) AiiU, 1957 AP 10.12.57gAz grVz. U Ez Aiz F AiU CrAi P vUzP CjPz P a CPv e AS fJr 6 JDg 57, AP 14.12.1957 grVz. F AiU grz Avg, CPv PAq AzU AiU Aiz PAqAz i zU Cx Pv U AiU Jw vj EU P vUzP Aiz DVAzU ZU qUwz. Dv PgU d Ai vj Cx AiU Urg ZU z Eg PgtU Cx Dv PgU zP MzV Aiz DVg zU Jw rz AiAi DUU rg w J AAzsl CPjU UP DVAzU vgUwz. 3. PlP U (VPgt, AiAvt v ) AiiU, 1957P CZ AS fJr 28 JJDg 60 AP 12.12.1973g U wzrAi vgVz. zAqAi CjPz P ag Ai 11P wrAi ir Av AvV P vUzP Aiz PjVz. P AvU Dv PgU qPz PAi UrVz. 4. F J ZU EwZU grz CPv e AS rJDg 15 JrE 85 AP 1.7.1986g gZjVz.

GR: 1) CPv e AS fJr 3 JDg 57, AP 14.12.57.

5. Ai 11g Pg g irz ES vSU AizV v P v AiU Cjwg CPjU Zgu q CPU CPv e AS. rJDg 5 JJDg 79 AP 8.7.81g Ai 11g Pg ES Rg v aAiz AvU q ES ZguU PAiPz CPjU ZguPjUV PAz Ai PVz. F Ai PAiP vSAi qz PgtU Ai 14J Pg Cz ES ZguAi q Dz gr PgtU gvr , grVz. F Ai E ejAiz. CPv e AS. rJDg 12 JrE 86 AP 22.5.1986g irz ZU Pg Ai 11g Pg ES Rg Cx aAiz CA rz ES vSU PAiPz CPjUU Zgu q z. 6. PAiP ES vSAi Zgu gAi z Avg CU Pg jj Z PP vUzP CPvg . PgtAzg ZguAi P Pg qgvz. DzzjAz EAv PgtU Dz eUv CAw Dz grz. ZguPjU gAi MP U v PAiP: GPAiP Eg sg MP Aiz CjPz P CPv e AS. rJg 96 PJAi 81, AP 29.10.81g Vz. s vS ES ZguAi Jzjwg Pj Pg Aii Aii Pgtz Ciwqz v s vS qAiU J CU Ciwqz v ES Zgu qAiU J CU Ciw Azjz U AiiU Civ gzUz JAz CPv e AS: rJDg 13 JrE 85, AP 371985g Vz ES vSAi F J AvU (CAzg vS:ES Zgu CAw Dz) ZAzg 1 z Cx Q PgtU 15 wAU gPUvz. 7. ES ZguU j U Ung AivPP gAi DVAzU UrVz. FU CPv e AS. rJDg 43 JrE 84 AP 14.2.85g viP gAi UrVz. CzgAv J Pg: Ciwq Pg v Gv CPjUU Ciwqz PgtU v ES Zgu PgtU U viP gAi PUvz. F CPv ezg ZU Pg wAi ES Rg v Pgz ES PAizU wAiAz viP gAi AAzsl CPjUAz viP C Vz vPt vjPAq j DUz Gg Ciw: ES Zgu aU Eg PgtU AAzsl PjUU W jU P P vUzPAv ZU qPUvz. 8. g ZU: iUa v viP gAi CvAv Az AAzsl CPjU z Pz ES vSU AU Ai Gz. DzzjAz E Az Dv Pj Pgg gz q s vS, ES Zgu, ES vS Vz Avg Pj CAw Dz gr PgtU A DUgAv rPPAz v g PU ES vSAi g P vUzPPAz F P ZU qVz. F ZU GAX CPjU v ES vSU MqPUvzAiAz F P wVz. 9. Pgz PAizU v ES Rg F ZU ZZ vz z v F ZU AAzsl J PjU UP vgz. / JA.JA, Aii gPgz Cg PAiz A v Dqv zsgu ES

( AiU) APPENDIX II KARNATAKA LEGISLATURE COMMITTEE ON PUBLIC ACCOUNTS (1986-87) (EIGHTH ASSEMBLY) FOURTEENTH REPORT ON THE MISAPPROPRIATIONS AND DEFALCATIONS OF GOVERNMENT MONIES ETC; INCLUDED IN AUDIT REPORT OF C & AG FOR THE YEARS 1982-83 AND 1983-84 RELATING TO DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS Summary of Conclusions/Recommendations Sl. Para No. No. in the Report 1 2 Conclusions/Recommendations 3

MISAPPROPRIATION AND DEFALCATION OF GOVERNMENT MONIES 1. 1.10 Despite all the instructions issued by the Government, in ordinate delay in disciplinary proceedings is more the rule, than the exception. The Committee do appreciate the need to give due regard to the principles of natural justice and the need for providing safeguards to protect the interests of the Officer concerned. But this should not become a cover for avoidable delays, making the entire rule ineffective. Officers who have misused Government money or caused loss to Government and who prime facie carry civil and criminal liabilities, (apart from disciplinary action) also go scot free. There is no deterrent effect which the Committee consider is the most important purpose of giving punishment in such cases involving misuse of public money. In some cases there is deliberate, conscious avoidance by causing delays and there is reason to believe that the officers who are incharge of the investigation or the enquiry intentionally delay the matters to help the guilty to escape the punishment. In any case, if there is delay, it may mitigate the seriousness of the crime, and give room for (misplaced) sympathy. Recovery of the pecuniary loss to Government may also become difficult to transfer of assets etc., by the accused Government servant.

111 On the other hand, such delays may result in harassment of the accused, who may not really be guilty, causing misery and tension. Officers are kept under suspension for months and years. They have to suffer the agony, sometimes till their retirement or death, since they cannot vindicate themselves until the final verdict is given. So either way, delays cause harm both to Government and the Government servant. The Public Accounts Committee have expressed their anxiety over the occurrence of such delays, time and again. This situation requires to be remedied. 2. 1.11 Even if the prescribed rules/procedure cannot be modified or improved as opined by the Chief Secretary there is an urgent need to devise suitable methods to minimise avoidable delays which are sometimes deliberate. The Committee have

given some suggestions to improve matters in para 6.1. and they desire that Government in the DPAR should apply itself to this subject and bring forth necessary modifications in the procedures so that disciplinary proceedings are completed atleast within one year from the date on which investigation is taken up. CONCLUDING REMARKS AND RECOMMENDATIONS: 10. 6.1 The number of cases of misappropriation and defalcation of Government monies which are pending disposal has been increasing from year to year. As on 31st Oct. 1984, 304 cases were pending, of which 183 cases were pending for over 3 to 7 years. The delay is not so much due to the judicial nature of the work or the elaborate procedure prescribed in the Rules for the conduct of formal investigations and inquiry, for the built in safeguards to protect the interest of the Government servant, as is generally made out. It is due in a larger measure to routine, avoidable delays on the part of the Investigation/Inquiry Officers. Cases are also kept pending in the Secretariat Departments. The Committee have reason to believe that at least in some of these cases, delay is deliberate and intended to help the accused escape punishment. 6.2 Due to such delays, there is no fear of punishment for the Officers who indulge in malpractice in handling public money. This is amply illustrated by the 2 cases involving senior officers detailed elsewhere in this report. 6.3 There is an urgent need to correct this position the committee recommended that (i) The Officers appointed to conduct investigations and inquiries under the CCA Rules should be selected with some care. Suitable guide lines should be issued for their use since unfamiliarity with the prescribed procedure also contributes to delay and reluctance to take up this work. (ii) After the Investigating Officer/the Inquiry Officer is nominated, there should be no charge in the nomination for any reason. The Investigation/Inquiry should be completed within a period of 3 months. The entire disciplinary proceedings should in any case be completed within one year. (iii) The rules provide several safeguards to protect the interests of the accused Government servant. At the same time it also provides for expert enquiry if the Government servant does not give his written statement of defence or otherwise fails or refuses to comply with the provisions of the rule at any stage of the Inquiry. The Investigating/Inquiry Officers should take suitable action under these provisions, where the Government servant tries to stay the department proceedings or does not co-operate in the early completion of the Inquiry. (iv) The progress of the Investigation/Inquiry proceedings should be properly monitored till final orders are passed. Final action should be completed within one year. Delays should be properly explained to the satisfaction of the Secretary of the concerned department. Action taken by Government in this matter may be reported to the Committee within three months.

11

12

PlP Pgz qU Pj Dz AS : rJDg 35 JrE 86, AUg, AP 7 dj 1987. Ai : Ciwqz Pj Pgg PgtU g Q wAi ga U. GR : : GTv CPv ez, Aii Aii PgtU Pj Pg Ciwqz, s vS:ES Zgu v Q Pz qAiwg PgtU J CAigU Dv Pj Pg Ciw Azgz Avz AiUUAq ZU qVz. U g P GUz DzU PgtUU FqVg Dv Pj Pgg PgtU U Urg PU CAnP zsUg U CAi j Civ AzgPA PgtU Civ Azgz JAzg U AAzsl ag Dz qAiPAz ZU qVz. EAv PgtU AAzsl ag DzP Ar z gQ P sg iq MAz wAi ga Ai PAPV jv. Dz ES ZguU Mqg U Mng Pj Pgg PgtU Urg Ciw PU CAnP zsUz CAi j Civ AzgPA PgtU AAzsl ag Dz qAi CPU CAv PgtU g P sg iq F PPAq CPjUUAq gP wAi gav. 1) Cg R PAiz 2) Pgz PAiz, Dqv ES, (Pgg AiU PgtU jg) 3) Cg PAiz, A v Dqv zsgu ES ( Ai) CzsPg zg CPv e AS : rJDg 13 JrE 85 AP 3.7.1985

zg

2. gP wAi Az Ar Cz PgtU zj wAi Az Ar AAzsl aAi ESU P P vUzPz. U wAi Az Ar Gzz wAiAz Pgtz AiUAq ntAi wAi J zjU sAi APQAv MAz gQAv Prz CVAv z MzVz. 3. A v Dqv zsgu ESU AAz PgtU CAv PgtU j :G PAizAig zgV PAi z U EAv PgtU wAi Az Ar P vUzPz. U wAi Az Ar Gzz wAiAz Pgtz AiUAq ntAi wAi J zjU MzVz. 4. A v Dqv zsgu ES (U) jq PgtUU F Dz C.

PlP gdg Deg v Cg j, .P. AUg, Pgz C PAiz A v Dqv zsgu ES, ( AiU) PlP Pg AS: DE 16 E 87 PlP Pgz aAi, zszs, AUg, AP 21 d 1987. CPv e Ai: ES ZguPAiP Cx G PAiP Cx PAiPz AAig CPjAi ZguPjAiV U. 2) CPv e AS. rJg 12 JrE 86 AP 22586 GTv CPv eUg ZUAv PlP (VPgt, AiAvt v C) AiiU, 1957g Ai 11g Pg Pgz lz Cx ES Rg lz Aiiz Pj Pg ES ZguAi rzg CAv PgtU PAiP Cx GPAiP Cx PAiPz AAig CPjU ZguPjUV CPz. F CPv eUg ZU jVz. 2. PvAz CPv UgdgVg Pj Pgg PgtU Ai 11g Pg Pgz lz Cx ES Rg lz ES ZguAi rzg E Az PAiP Cx G PAiP Cx PAiP A Uz P iq CPjU ZguPjUV z Q JAz gPg zsjz. DzjAz CAv PgtU Ai 11 (2) g Pg ZguPjU CPv z, ES CPjU ZguPjUV Pg P vUzPvPz. 3. FUU PAiP Cx GPAiP Cx PAiPz AAig ZguPj JAz l PgtU Cg Zgu AzjP. CjAz ZguAi AvUzPgz. 4. gPgz PAizU v ES Rg gPj Pgg CPv Ugdj PgtU ES Zgu q PgtU g PAizs E Az CjP. / JA.JA. Aii Pgz Cg PAiz, A v Dqv zsgu ES, ( AiU) PlP Pg

GR: 1) CPv e AS rJg 5 JJDg 79 AP 8781 v 17881.

AS. rJDg 25 JrE 84

PlP Pgz aAi, zszs, AUg, AP 27 d 1987. v

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GR:

PlP U (VPgt, AiAvt v ) AiiU, 1957g 8 Aiz g (5)jAz (8) zAqU Aiiz zAqAi Dv PgU z Pg Dv PgU Jgq P n q Aiz CjPz P GTv vU qVz. 2. F vUg ZU JLDg 1986 J. 1173g PlVg v AiAiz w v LJDg 1986 PlP 2245 g PlVg PlP GZ AiAiz w Ai jv. 3. GZ AiAiz sVAi o LJDg 1986 PlP 2245g PlVg w v AiiAi vgA mgg Pgtz rz w Ai JA.. Aii Pgtz (jm Cf AS 175721980) rz w HfvAz wwz. vvPV Aiiz zAqAi Dv PgU z Pg Jgq P n Pq Ai. DzzjAz GTv vU rg ZU vPtAz AvUzPVz. 4. Dzg Pg Aiiz Pgtz GTv vUg ZU Pg FUU Dv PgU P n rzg CAv PgtU nU Gvg Urg CAi Vz Avg MAz CAiU Gvg zg Cz jUt CAw wi vUzPvPz. 5. Pgz PAizU v ES RgU F vAig ZU v Cz PAi J PjU UP vgvPz U vPz. / JA. JA. Aii Pgz Cg PAiz A v Dqv zsgu ES. ( AiU) PlP Pg AS: DE 28 E 87 PlP Pgz aAi, zszs, AUg, AP 17 Ag 1987. CPv e

Ai:

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Pj Pg gz ES ZguAi q Gzg Cx Zgu Q Eg Cx Aiiz Q PzAi vSAi Avz Cx ZguAi Avzzg, CAv PgtU MUVg Pj Pgg Ciwq PlP (VPgt, AiAvt v ) AiiU, 1957g Ai 10g (1) G Aiz Pg CPz. Cz Aiz (2) G Aiz Pg, Aiiz Q PzU AAzAv Pj Pgg 48 UAmUVAv a CAigU zVjAizg, zVjAiUz Az CiwqVzAiAz jUt CPz. 2. Aii Aii Azsz Pj Pgg CiwqzAz CPv ez AS rJDg 13 JrE 85 AP 3.7.1985g Vz. 3. Aig gz qAi CgzsU Pg wV jUtzzjAz Czg Pj Pgg EAv CgzsUU MUUzg gz GU P vUzP CPv EgzjAz zAqAvAi jZz 304 Ai jgAv gzQu PgtU MUVg Pj Pgg Ciwq Ai gQz. zj jZz F PPAqAwz.
"304-B (1) Where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harrassment by her husband or any relative of her husband for or in connection with, any demand for dowry, such death shall be called "dowry death", and such husband or relative shall be deemed to have caused her death. Explanation: For the purpose of this sub-section "dowry" shall have same meaning as in section 2 of the Dowry Prohibition Act 1961."

4. zAqAvAi jZz 304 Pg Aiiz Pj Pg gz g P zR irz Pgtz, CAv Pgg F PU g AzsU PlP (VPgt, AiAvt v ) AiiU, 1957g Ai 10 (1) Z Ciwq P Pg P vUzPvPz. (1)

g P zR irz Azsz Pj Pg zVjAiiz Pz CAv zVj CAi J CAigVzg CAv CiwqvPz. zVjAiiUzg Q zAq QAii Av 1973 jZz 173g GAzs (2)g Pg AAzsl ifmgg Rz g gAi z vPt CAv gAi lP Pj Pg Cgzs JVzAz PAq Az Pz D vPtAz CAv Pj Pgg CiwqvPz.

(2)

5. PArPAi wg Pg wV P vUzP CUAv ESAi P Aiz Pg wg ESAi SPjUU g vPz. F U qgPg dg Ds v EPg dg Ds Cg ESAi AAzsl J CPjUU P ZU PP.

6. Pgz PAizU v ES Rg F ZU ZZ vz vPz U F ZU v Cz PAi J PjU UP vgz. / JA.JA Aii Pgz Cg PAiz A v Dqv zsgu ES ( AiU). PlP Pg AS: DE 32 E 87 PlP Pgz aAi, zszs, AUg, AP 26 CPg 1987. CPv e Ai: ES Zgu Pgtz ES ZguAi q PAiPP U. 2) CPv e AS. rJDg 5 JJDg 79 AP: 17881. 3) CPv e AS. rJDg 12 JrE 86 AP: 22586. 4) CPv e AS. rJDg 117 PJAi 86 AP: 14787. 5) CPv e AS. DE 16 E 87 AP: 21787 PlP (VPgt, AiAvt v ) AiiU 1957g Ai 11 g Pg Pgz lz Cx ES Rg lz, Aiiz Pj Pgg PvAz CPv Ug dgU PgtUU AAz ES ZguAiz Evg PgtU ES ZguAi rzg CAv PgtU PAiP Cx GPAiP Cx PAiP AAig CPjAi ZguPjAiV Aiz GR 1,2,3 v 5g g CPv eU ZU qVz. 2. PlP PAiP CAi 1984 GAzs 7g Pg v PlP (VPgt, AiAvt v ) AiiU, 1957 Ai 14J Pg ES vS v ES ZguAi PAiPP Pgtz aAiz ESU v ES Rg CjPz ZU GR 4g g CPv ez qVz. 3. Pj Pg jz DzU UgvgVz, C gdvVz CU zq itz zAqAi (major penalty) z PAz PAq Az PgtU iv J AiU 11 Aiz Pg ES ZguAi qPUvz. Evg PgtU Czg Pg g DzU gdv r g v gz gU Ez 11 AiU Pg Zgu q CPv Eg. DzU 11 Aiz Pg ZguAi gAz D ZguAi PAiP A UzjU ES PjU Pz

GR: 1) CPv e AS rJDg 5 JJDg 79 AP: 8781.

djAi PzP CUAv t l DzU Eg 11 AizAv Zgu gAg PgtU Pgz UP Az. Rz PgtU iv PAiP, GPAiP Cx PAiPz A Uz CPjU Zgu CPjAiiV CUAv ZU grz CVz. CzgAv E Az ES Zgu PgtU Pg Eg DzU UvAi wV j J AiU 11 Aiz Pg Zgu qz Cv Cx 12 AiU Pg Zgu qzg z JA U PgU tAi vUzPvPz. 11 AizAv Zgu qz P gdvUzz DzU Ai P aP itz zAqAi (minor penalty) zz Pgtz 12 AizAvAi ZguAi qvPz. 4. Pgz PAizU v ES RgU F ZU ZZ vz vPz. / JA.JA. Aii Pgz Cg PAiz A v Dqv zsgu ES. ( AiU).

GOVERNMENT OF KARNATAKA No.DPAR 16 SDE 88 Karnataka Government Secretariat, Vidhana Soudha Bangalore, dated 28th March 1988. OFFICIAL MEMORANDUM Sub: Sanction for prosecution of Government servants-instructions regarding. According to Section 6 of the Prevention of Corruption Act or Section 197 of the Code of Criminal Procedure, sanction of the authority competent to remove a Government servant from service is necessary for prosecuting a Government servant who is accused of any offence alleged to have been committed by him while discharging his official duties. 2. Before according sanction for the prosecution of a Government servant, the competent authority has to satisfy itself that there is a prima facie case against the concerned Government servant necessitating his prosecution in a court of law and that such a competent authority has applied its mind to the material placed before it. 3. The above facts should be reflected in the order sanctioning prosecution as a speaking order. 4. All the appointing authorities are requested to bear in mind the above instructions and ensure that only speaking orders are issued in such cases. sd/M.M. Naik Additional Secretary to Government, Dept. of Personnel and Admnv. Reforms, (Service Rules).

PlP Pg AS: DE 24 E 88 PlP Pgz aAi, zszs, AUg, AP 6 d 1988. CPv e Ai: GR: Pj Pgg Ciwq U. CPv e AS rJDg 13 JrE 85 AP 3785

Aii Aii PgtU Pj Pgg Ciwqz JAz GTv CPv ez PArP 2g Vz U Aii Pgtz Pj Pg Ciw PqAiV EqPAz PlP (VPgt, AiAvt v ) AiiU, 1957g 10 (2) Aiz Vz. Pj Pgg Ciwq CPgg PgU GTv CPv e:AiU g iUaAi jUtz Pj Pgg Ciwng P PgtU Pgz UP Az. Ugvgz DzUz Pj Pgg CiwqzjAz ESAi CAv Pgg Ai PzPzz EzjAz PgP DyP Z DUvz. DzzjAz Pj Pgg Ciwq CPgg PjU Pj Pgg Ciwl Dz gr z CAv PgtU GTv CPv ez iU aAi CrAi v CAv Pgg zgz eUP: g PbjU UzjAz Ciwq Ai vz JAz jUt CAvg P Dz grvPz. Pgz PAizU v ES RgU Pj Pgg Ciwq g PgtU F ZU Pg j Pjz. U F ZU AAzsl J PjU UP vg Pjz. / f.J. AiP Pgz C PAiz A v Dqv zsgu ES ( AiU). PlP Pg AS: DE 35 E 88 PlP Pgz aAi, zszs, AUg, AP 6 CPg 88. CPv e Ai: gd Pj U zP wzsvAi PjvPlP U (VPgt, AiAvt v ) AiiU, 1957g CAzs 11 v 111 P wzr. CPv e AS CE 24 87 P 24988.

GR:

gd Pj U zP wzsvAi Cv V Pg vUzPArg tAiU GTv CPv ez z. CU PU g tAiU CP vgPzg PlP (VPgt, AiAvt v ) AiiU, 1957g CAzs 11 v 111g zs ESUg zUU FU g Pw PjU gQ P wzr grPUvz. (C) J Ur zU PlP Pj aAiz zU jzAv fg zUV jwz v D Dzsgz Pw iqz. (D) fg Azz FUU Eg J U zU fg AzUVAi Azjz v CzgAv Pw iqz. (E) MAzQAv a Aid sUU CPg Ag PbjUg zU AAzsl J sUUAz AU Uz itzg Aif P sw iqPVgz l C PbjUgAv ESU gdg U zU sUg zUV jwz v CzgAv Pw iqz. 2. DzzjAz Pgz PAizU Cg AiAvtPq ES RgUAz g tAizAv ..J. AiiU P wzr gr Ai vjPAq CAvg Cz AiiU CAzs 11 v 111 g Eg zUAU P sgAU A v Dqv zsgu ( Ai) ESU Pz. / f.J. AiP Pgz C PAiz A v Dqv zsgu ES ( AiU) PlP Pg AS: DE 4 E 89 PlP Pgz aAi, zszs, AUg, AP 31 dj 1989. CPv e Ai: GR: CPvV UgdgVg Pj Pgg PP vUzP UU. v AS rJDg 30 JJDg 79 AP 17479.

CPvV Ug dgVg Pj Pgg ES ZguAi q CAvg PAz vUzP Cx e iq U P vUzP Aiz CjPz P GTv vAi Vz. 2. CPvV Ug dgVg Pj Pg gz ES ZguAi q z Cx rz Avg ES Zgu VAizgU CAv Pg PP dgU Az Azg CAvg Pgtz vUzPPz Pz U PPAq ZU qVz.

3. GTv vAi FUU gAv CPv Ug dgVg Pj Pg v CPv Ug dgz Pgt z Az zAi PzP. DzzjAz CPv Ug djAi Aiz CAv gz ES ZguAi q PAz vUzUz Ez Pz CAv Ug dj CAi J DVg C Azg CAv PP vUzPPUvz. U PP vUzPAq Avg Cz CPv e AS rJDg 13 JrE 85 AP 3785gg ZU Pg CAv Pgg Ciwl ES ZguAi qz Cx Ciwqz ES ZguAi q P zAqAi z. 4. Pgz PAizU v ES RgU F ZU PlmV v F ZU v Cz P iq J Pw PjU UP vg az. / f.J. AiP Pgz C PAiz A v Dqv zsgu ES ( AiU)

PlP Pg AS: DE 16 E 89 PlP Pgz aAi, zszs, AUg, AP 28 d 1989 CPv e Ai: AZ CAiz CrAi vSU MUVg Pj Pgg Ciwq U.

AZ CAiz CrAiU Cx Ez AiP AAzAv vSU MUVg Pj Pgg t vSAi Pj CiwqAv PAiP, EPg dggjAz g sgU P Pg F Aiz Pg DVAzU grg ZU CrAi DzsvAi j CAv Pj Pgg Ciwqz Cx q JAzg U sg Pjz Jgq gzU zsj Ciwqzzg P Dz gr P vUzPPAz F P aVz. 2. Pgz PAizU v ES RgU F ZU v Cz PAi J PjU UP vgAv Pjz. / f.J. AiP A v Dqv zsgu ES ( AiU)
GOVERNMENT OF KARNATAKA No.DPAR 22 SDE 89 Karnataka Government Secretariat, Vidhana Soudha Bangalore, dated 11th October 1989.

OFFICIAL MEMORANDUM Sub: Revocation of suspension order on the quashing of suspension order by the courts guidelines.

An instance has come to the notice of the Government where a Government servant who was placed under suspension has immediately returned and reported to duty in the very place from which he was placed under suspension soon after the suspension order was quashed, without waiting for issue of orders by the competent authority revoking the suspension. In its order dated 8th August 1988 in application No. 868.1987, the KAT has also observed that the conduct of the concerned Government Servant in so reporting back to duty and assuming the charge of the post without obtaining prior permission of the superior authorities does not amount to any misconduct, as no instruction of Government laying down guidelines as to how a Government servant should conduct himself after the orders suspending him were quashed by a Court of Law were brought to its notice. The position is therefore clarified hereunder. 2. An order of suspension made or deemed to have been made under Rule 10 (5) of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 continues to remain in force until it is modified or revoked by the authority competent to do so. When a Government servant is suspended and is relieved of his duties under Government, only subsistence allowance is payable to him at the rates admissible under the rules. If the period of suspension is continued beyond six months, the suspending authority has got power to either enhance or reduce the subsistence allowance depending on the circumstances of each case. The payment of subsistence allowance at the rates admissible initially under the rules or at the varied rates as determined by the suspending authority later on will be authorised by the audit only on receipt of specific orders placing the Government servant under suspension and or varying rates of subsistence allowance. Similarly when a Government servant's suspension is set aside by a Court of Law formal order by the suspending authority revoking orders of suspension will be needed for the purpose of audit, to authorise the payment of salary of the post to which the Government servant has been posted on revocation of the suspension. It is for this purpose inter alia instructions have also been issued in Circular No. DPAR 22 SSR 78 dated 29.12.1978 that whenever orders of suspension are revoked, posting orders should also be given simultaneously. 3. When orders of suspension are quashed by a Court of Law, the competent authority which issued the suspension order has also the right to consider whether an appeal should be filed against the orders of the Court or to implement the said order. It is no doubt appreciated that when order of suspension are quashed by the Tribunal, the authority which placed the Government servant under suspension is duty bound to take decision within the time stipulated for going in appeal, failing which that authority subjects itself to attack for contempt of Court. The competent authority may have, in some cases atleast, justifiable cause for delay in implementing the orders of the Tribunal and that authority may even seek extension of time from the Tribunal itself, giving reasons. In the event of occurrence of a gap between the date of order of the Tribunal quashing suspension and the date of revocation of the suspension by the suspending authority and thereafter the Government servant reporting to duty in the place of his posting, that gap will in any case be treated as duty for all purposes, if otherwise eligible. 4. In view of the above positions, a Government servant under suspension cannot and accordingly should not assume his post automatically on the ground that the suspension order has been quashed. If any Government servant reports to duty in violation of these clarifications it will be considered as an act of mis-conduct on his part. Suspending authority should after considering the issue as discussed at para 3 of this O.M., issue the order receiving the suspension and appointment against a post. Any decision in this regard should be taken expeditiously. 5. The Secretaries to Government and Heads of Departments are requested to bear in mind the above instructions and also bring to the notice of all the appointing authorities under their administrative control. sd/G.N. Nayak

Under Secretary to Government. Dept. of Personnel and Admnv. Reforms, (Service Rules).

PlP Pg AS: rJDg 2 JrE 90 PlP Pgz aAi, zs zs, AUg, AP 22 sj 90. CPv e Ai: v Pj Pgg g P v Pj Pgg wAi Avg CAi gu PAiwAi g j. 2) CPv e AS rJDg 10 JrE 83 AP 16683. GR (1)g CPv ez z zsAi vgU GzsAig, GPg U zsPg zyU Ptz vzAz PtP z PAigU g P irP DzVv. GR (2)g CPv ez g Pg F PV AzsU iv vgz Pj Pgg g P irP CPv. (C) Pgz zs ESU Pbj PrU vAiijz. (D) vAwP CvU CPz zUU CAv CvAi CsyU zgAiz AzsU. (E) Cs qz v Pgg (Pj Az vgzgU Cx SV AAz vgzgU) C , CPg AzsU iv. 2. g Pgz PAiwAi Pg B F PVAv tz. 3. Pgz z AU P iqwg zsP AUz GzsAig, GPg, sgU PtP z zsAi w Azwzg CAv zsP AAi AAzsl CPjAi Cw qz PtP z PAivP Ai Azj Az EzAv CeAi Azjz. 4. w Az Pgg g P iqzU Cx Cg guAiiU iqPqz. vgV g Pz Dzsgz AzjAiwg Cx guUAq Ai FU AzjAiwg Pgg:CPjU Ai F Pq ejU gAv PAiUP. 5. ag PAiwAi Pj ESUU, Aiv, Aivz AU, UU v Pgz Czg Cx AiAvtzg PAUU CAiUvz. / P. jAit Pgz G PAiz A v Dqv zsgu ES ( AiU).

GR: 1) CPv e AS rJDg 42 JJDg 77 AP 151277

PlP Pg AS: DE 6 Ai 90 PlP Pgz aAi, zszs, AUg, AP 21 iZ 1990. v Ai: PlP (J) Aii 1957g Ai 14J CAi PgtU ZguUV PlP PAiPP U z. 2) Pj CPv e AS: rJg 117 PJAi 86, AP 1471987 v 1631988. PlP (J) AiU, 1957 Ai 14J CAi Pj Pgg gzz ZguU PlP PAiP Cx G PAiPP Pjv GTg Pj CPv eU z v PgtU grVz. PlP PAiP Cx G PAiPP ZguUV PgtU U PgtP AAz P CUv zRU U iwU Uw Pgz PAiP Uz. J CUv zRU v iwU sgU AAz Dv Pj Pgg gz DgU n zrz v DgU nAi PgjU PP wz Zgu CPjUU zsU. P..J. (J) AiU 1957g Ai 14J CAi Zgu qzP AAzAv PlP PAiPz Zgu CPjUUV PAiPg iUaAi grzg. F iUaAi PArP 8g ZguUV PgtU PAiPP U iV Uw Pg P UAi zRU v iwU nAi GTzg. PAiPg grg iUaAi wAi F vU Uw Pz. Pgz J ES PAizU v aAiz J Dqv ESU F iUaAig CAU UzlPAv, V iUaAi PArP 8 gg CAU UzlPAq PlP (J) AiiAi Ai 14J CAi PgtU PAiPP ZguUV U CUvz J zRU v iwU Uw PPqz RavrPAv F P PgVz. / P.J.J. w R PAiz
GOVERNMENT OF KARNATAKA No.DPAR 14 SDE 90 Karnataka Government Secretariat, Vidhana Soudha Bangalore, dated: 16th May 1990. OFFICIAL MEMORANDUM Sub: Prompt disposal of appeal petition submitted by the Government servant against the order of the disciplinary authority by the appellate authority Instructions reg.-

GR: 1) Pj CPv e AS: rJDg 83 JJAi 88 AP 2291988.

According to Rule 18 of Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957, every person who is a member of the State Civil Services is entitled to appeal to the extent and to the authorities specified therein against the order made by the Disciplinary authority

or by an Appellate or Reviewing authority imposing any of the penalties specified in Rule 8 of the said rules.. 2. In the case of an appeal against an order imposing any of the penalties specified in rule 8, the Appellate authority has to consider the appeal petition in accordance with the provision contained in Rule 25 of the said rules and pass such order as it deems just and equitable as provided under Rule 25. 3. While disposing application No. 5578/89 filed by one Sri. N.Kondaiah Chowdry, F.D.A in the department of Mines and Geology, on the ground that the appeal submitted to the Appellate authority against the order of the Disciplinary authority was not disposed of for a long time, etc., the Karnataka Administrative Tribunal has observed as follows: "It has been noticed by the Tribunal in scores of cases that because of the failure of the Appellate authorities to pass a final order in respect of appeals filed before them within a period of six months the Government officials concerned are forced to seek redress at the hands of the Tribunal. This leads to a lot of avoidable litigation, apart from the unnecessary increase in work load for all concerned as well as waste of time and energy and incurring of unavoidable expenses. Since in a very large number of cases the Appellate authority happens to be the State Government, it would be helpful if the State Government makes it a point to ensure that all appeals filed by Government servants before them are disposed of within a period of six months so that there would be no occasion for the concerned Government servants to seek redress of their grievances at the hands of the Tribunal unless, in a few cases where there may be aggrieved by the order passed in an appeal. 4. The Secretaries to Government and Heads of Department are requested to keep in mind the observation made by the KAT while disposing of the appeal petitions and ensure that all appeals filed by Government servants against the orders of the Disciplinary authority or Appellate or Reviewing authority under Rule 18 of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957, before the Appellate authorities are disposed of within a period of six months. 5. These instructions should be brought to the notice of all the Disciplinary/Appellate authorities under their administrative control. sd/K. Hiriyanna Deputy Secretary to Government, Dept. of Personnel & Admnv, Reforms, (Service Rules).

GOVERNMENT OF KARNATAKA No.DPAR 18 SDE 90 Karnataka Government Secretariat, Vidhana Soudha Bangalore, dated: 10th July 1990. OFFICIAL MEMORANDUM Sub: Ref: Sanction for prosecution of Government servants-instructions regarding. O.M. No. DPAR 16 SDE 88 dated 28.3.88.

In Official Memorandum dated 28.3.1988 referred to above, certain instructions regarding sanction for prosecution of Government servants were issued. Now the Prevention of Corruption Act, 1947 has been repealed by the Prevention of Corruption Act, 1988. Section 19 of the said Act provides for obtaining prior sanction of the Competent authority before prosecuting a Government servant. Rest of the instructions contained in the O.M. referred to above are reiterated.

All the Appointing authorities are requested to bear in mind the above instructions while according sanction for the prosecution of a Government servant. sd/K.K. Nadgir Under Secretary to Government Dept. of Personnel & Admn. Reforms, (Service Rules).

PlP Pg AS: DE 6 JrE 91 PlP Pgz aAi, zszs, AUg, AP: 2131992 v Ai: PlP U (VPgt, AiAvt, v ) AiiU 1957 Dv PgU Ppt zAqAi U U. 2) v AS:DE 25 JrE 84, AP: 27787 PlP U (VPgt, AiAvt v ) AiiU 1957g 8 Aiz g (v) jAz (viii)g zAqU Aiiz zAqAi Dv PgU z Pg Dv PgU Jgq P n q Aiz CjPz P GTv vU qVz. F vUg ZU J.L.Dg. 1986 J.. 1173 g PlVg v AiAiz w v L.J.Dg. 1986 PlP 2245g PlP GZ AiAi rz wU Ai qVz. Dzg vzAvg v AiAi 1991 (1) J.J.Dg. 159g PlVg sgv Pg gez S Cg Pgtz qz w U PlP Dqv AiAqAi Cf AS:606:9 ( iAiPlP)z PjAi gvV g PjAi ES ZguAi qz PgtU Dv Pj PgU ..J. AiiAi Pg Ppt zAqAi Zgu PjAi gAi wAi MzVPAz w rz. DzjAz Aq wU Ai GRz z vU qz ZU sUB ir, Pg F PPAqAv Dzz: "ES ZguAi PjAi gvV g PjU qz Azsz PlP Pj (VPgt AiAvt v C) Aii 1957g Ai 8g CrAiAi (v) jAz (viii) g Ppt zAqAi Dv PgU z PjAi Zgu CPjAi Zgu gAi wAi DvU MzV Dv PgU v C P AiiP Pl A P vUzPP. Dzg PjAi v Dv PgU Gzz zAqAi Dv PgU w CPv Eg." DAiPg v Pgz PAizU v J ES RgU F vAig ZU v Cz PAi J PjU UP vgvPz U vPz.

GR: 1) v AS: DE 8 JrE 82, AP 28482 v 17782;

/ wgi g Pgz C PAiz2 A v Dqv zsgu ES ( AiU)

GOVERNMENT OF KARNATAKA No.DPAR 22 SRR 93 Karnataka Government Secretariat, Vidhana Soudha Bangalore, dated: 14th July 1993 OFFICIAL MEMORANDUM Sub: Departmental Promotion Committee in respect of promotions to State Services on the basis of seniority-cum-merit-Procedure when a Departmental Enquiry/Court Proceedings is pending. O.M. No. DPAR 5 SRC 84, dated : 9.10.1985.

Ref:

The instructions issued in para 7 of the Official Memorandum dated: 09-10-1985 referred to above have been further examined and the following instructions are issued in its place: 2. Where a departmental enquiry or court proceeding is pending the following course of action shall be taken. 3. The Departmental Promotion Committee (DPC) shall assess the suitability of the officer/official for promotion without taking into consideration the disciplinary proceedings/court proceedings pending against the officer/official. The assessment on the basis of records, the view of the DPC shall be kept in a sealed cover. In the subsequent DPCs also, if any, during the period of disciplinary/court proceedings, the DPC shall consider the officer's, official's case and record its findings which will again be kept in a sealed cover in the above manner. 4. On the conclusion of the disciplinary/court proceedings and in case the officer/official is exhonerated, the sealed cover or covers may be opened and the earliest possible date of promotion but for the pendency of the disciplinary/court proceedings against him/her, may be determined with reference to the position (s) assigned to him/her in the findings in the sealed cover/covers with reference to date of promotion of his/her junior on the basis of such position. The officer/official concerned may then be promoted in accordance with rules if necessary by reverting the junior most officiating person. 5. If any penalty is imposed on the officer/official as a result of the disciplinary proceedings or if he is found guilty in the court proceedings, the findings in the sealed cover/covers shall not be acted upon. The officer's/officials case for promotion may be considered in the usual manner by the next DPC which meets in the normal course after conclusion of the disciplinary/court proceedings. 6. The sealed cover procedure contemplated herein above, shall be adopted only after the date of issuance of charge Memo/Charge Sheet, that being the date from which the disciplinary proceedings can be taken to have been initiated.

7. The same procedure as detailed above shall be followed where an officer/official is placed under suspension. On his reinstatement in service at any stage of the enquiry the procedure as explained in para 3 of this O.M. shall be followed and on conclusion of the enquiry the procedure as indicated in paragraph 4 and 5 shall be followed. sd/P. Ramanath Under Secretary to Government-I Department of Personnel and Administrative Reforms (Service Rules). PlP Pg AS: DE 12 E 94 PlP Pgz aAi, zszs, AUg, AP: 7121994 v Ai: PlP UjP (VPgt AiAvt v C) AiU 1957Dv PgjU ES Zgu Avg Zgu PjAi gAi Pl vzAvg zAqAi U. v AS: DE 6 JrE 91, AP 2131992.

GR:

PlP UjP (VPgt, AiAvt v ) AiiU 1957g Ai 8g g v jAz viii ggV Ppt zAqU Dv PgU z Pg CjPz P GTv vAi qVz. F ZU EzU Pq aAiz ESU U ES Rg PlmV wAz Pgz UP Agvz. PlP Dqv Ai AqAi Cf AS: 540:94 g AP 671994gAz F PPAqAv CAi nz.
"Even though, the decision of the Supreme Court in Ramzan Kahn's case was rendered about three years ago (1990) in some of the departments, including some of the Secretariat Departments the disciplinary Authorities are passing final orders imposing penalties without furnishing copies of the Inquiry Report to the delinquent Officer as contemplated by the said decision of the Supreme Court. The Appellate Authorities also do not consider this aspect while passing orders on appeals. If those delinquent Officers approach the Tribunal there is no other go except to quash the orders of the disciplinary and appelate authority to pass fresh orders. We have passed such orders in hundred of cases. In some of those cases, the Government was either the Disciplinary Authority or the Appellate Authority. It is really unfortunate that the Government Officers are not aware of this legal position even after three years, which gives rise to avoidable litigation".

PlP UjP (VPgt, AiAvt v ) AiU, 1957g Pg Pw Pg v Pg ES ZguAi, v vB qzVz Cx D Pg ES ZguAi Zgu Pg qzVz. Zgu Pg Aiig ES ZguAi q P PgP Zgu gAi z Avg P Pg Zgu PjAi gAi MPAq Pz Cz Dgv Pj PgjU P, CjU P PP Pl Cg PAi qz, vzAvg P zAqAi z.

P Pg Zgu PjAi gAi Mz Ez Pz v Zgu PjAi gAi KP M JA U V Dgv CPj : Pgg PAi qz jUt vzAvg P zAqAi zVz. PlP UjP (VPgt. AiAvt v ) AiU, 1957g Ai 14 (J) Pg, Pj Pgg zqv gz i PAiP Cx GPAiPjU Pg iv vSUV z Azsz i PAiP: GPAiPg Zgu PjAi z Dgv Pj PgU Zgu Pgz g U PAiP Cx GPAiPg rz sgUzg Ez D sg Pl PAi qAiPVgvz. ES ZguAi Zgu PjAi Pj Pgg DgUAz P irzg v P Pg Zgu PjAi gAi M ES ZguAi Dgv Pgg DgAz PU Dz grU CAv Azsz Dgv CPj: PgjU Zgu PjAi gAi P CPv E. Aiiz Azsz W zAqAiiU, Ppt zAqAiU Pz Zgu PjAi gAi Dgv CPj:PggU Pz PqAiVz. DzjAz J Pw U P PjU C PjU F CAU UzlPAq Azsg PAz F P aVz. / Pt Pn P Pgz C PAiz2 A v Dqv zsgu ES ( AiU) GOVERNMENT OF KARNATAKA No.DPAR 3 SDE 94 Karnataka Government Secretariat, Vidhana Soudha Bangalore, dated: 26.2.1994 OFFICIAL MEMORANDUM Sub: Ref: Unauthorised absence of Government employees instruction to deal with such absence. O.M. No. DPAR 4 SDE 89, dated 31.1.1989.

The consequences of unauthorised absence are spelt out under Rule 106-A of Karnataka Civil Service Rules. Accordingly, unless leave is granted by the Competent Authority, such Government Servant who absents himself from duty without leave will not be entitled to any salary for the day/days of absence; the period of such absence shall be debited to the account as though it were half-pay leave to the extent such leave is due and as extra-ordinary leave to the extent the period of absence falls short of the half-pay leave at credit. It is also provided that such unauthorised absence will render a Government servant liable for disciplinary action for his conduct except where the Government servant establishes to the satisfaction of the authority competent to sanction leave that he was unable to join duty for reasons beyond his control. According to Rule 108 of K.C.S. Rs, unless Government, in view of the special circumstances of the case, determines otherwise, an officer who remains absent from duty without leave for a period of four months or more may be liable to be dismissed or

removed from service after following the procedure laid down in the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957. According to Rule 107 leave cannot be claimed as of right. Discretion is reserved to the authority empowered to grant leave to refuse or revoke leave at any time according to the exigencies of the Public Service. While considering the case of repeated absence of a Government Servant, the Karnataka Administrative Tribunal in Narasimharaju Vs. State and another (KSLJ 821/93) has held that such absence is a good ground to consider the applicant as unsuitable for job. This judgement draws support from the judgement of Supreme Court in Samsher Singh Vs. State of Punjab (1974) 2 SCC 831. The instructions issued by Government in O.M. No. DPAR 4 SDE 89, dated 31.1.1989 that a Government Servant who returns after a spell of unauthorised absence should be taken back to duty if in the meanwhile he was not removed from service after holding an enquiry in accordance with rules are in keeping with the judgement of the K.A.T in Dr. Changoli Vs. State and others (1989 KSLJ 1063). The provision of Rules 106-A, 107,108 and 162 of KCSRs give adequate authority to deal with unauthorised absence. If prompt action is taken as contemplated in these rules, a situation where a Government Servant has to be taken back to duty even after prolonged unauthorised absence can be avoided. Government therefore, have considered it necessary to lay down the following guidelines for strictly enforcing the provisions of the Rules and to deal with cases of unautorised absence or overstayal without proper authority: 1) In all cases of unauthorised absence the competent authority should immediately invoke the provisions of Rule 106-A of KCSRs. If this is enforced there will be no occasion for a Government servant to unauthorisedly absent himself even for shorter periods. 2) Where a Government Servant absents himself without prior sanction of leave, the Disciplinary authority concerned should immediately issue a notice of recall to duty. Where the notice is not responded to and the Government Servant continues to be absent without intimation, it should be deemed that the Government Servant has absconded and the Special Procedure prescribed for dealing with such cases as under Rule 14 of the Karnataka Civil Services (Classification, Control and Appeal) Rules, should be invoked. 3) In the meanwhile the authority concerned should also examine why the Government Servant should not be placed under suspension for unauthorised absence. 4) Where the unauthorised absence exceeds four months the Appointing Authority should immediately place the Government Servant under suspension. For this purpose, the head of the Office or other competent authority under whose jurisdiction, the Government Servant was working should send a report promptly. Such report should be sent in all cases where the unauthorised absence exceeds a period of 15 days. The disciplinary authority should also immediately institute proceedings under Karnataka Civil Services (Classification, Control and Appeal) Rules and consider the question of removal or dismissal of the Government Servant under Rule 108 of KCSRs. The Special procedure under Rule 14 of K.C.S (C.C.A) Rules could also be invoked where the officer concerned has absconded, or where the officer

concerned does not take part in the Inquiry or where for any reasons to be recorded in writing it is impracticable to communicate to him etc. 5) In such cases where the unauthorised absence is beyond 15 days, if the Head of the Office or other authority fails to give intimation to the authority competent to take disciplinary action, such Head of the Office or other authority to give information of the unauthorised absence will be personally held responsible. Similarly, where the appointing authority or the disciplinary authority as the case may be fails to keep the Government Servant under suspension immediately after expiry of four months of unauthorised absence, the appointing authority or the disciplinary authority as the case may be shall be personally held responsible for this lapse. They would incur similar liability for failure to take suitable proceedings under Rule 108 of KCSRs for removal / dismissal of Government Servant immediately after expiry of the period of four months of unauthorised absence. The Secretaries to Government and Heads of Departments should bring these guidelines to the notice of all authorities concerned and ensure prompt action in dealing with cases of unauthorised absence. sd/J.C. Lynn Chief Secretary to Government. PlP Pg AS : DE 4 JrE 95. PlP Pgz aAi, zszs, AUg, AP: 21021995 v Ai : GR : Ciwqz Pj Pgg wAi Az Ar U. PgtU gQ Eg

Pj Dz AS : rJDg 35 JrE 86 AP : 7.1.1987.

GTv Pj Dzz ES ZguU Mqg U Mng Pj Pgg PgtU Urg Ciw Pz wAi Cj zsUz Cz j Civ AzgPA PgtU AAzsl ag Dz qAi CPU CAv PgtU g P sg iq F PPAq CPjU wAi gaVv. (w Uwz.) 1) Cg R PAiz 2) Pgz PAiz, Dqv ES, (Pgg AiU PgtU jg) 3) Cg PAiz, A v Dqv zsgu ES ( Ai) (Cg PAiz zV G PAiz). CzsPg zg

zg.

gP wAi Az Ar Cz PgtU Czg Az Ar AAzsl aAiz ESU P PUPAz aVv. U ZU

qVzg aAiz ESU F wAi Az ArwAz Pgz UP Az. DzjAz Pgz J zs PAizU v PAizU Pj Dzz Pg Ciw C jz PgtU F wAi Az ArAv v Pjz. A v Dqv zsgu ES (U) SAi jq PgtUU F ZU C. / Pgz C PAiz2 A v Dqv zsgu ES. ( AiU)

Ai :

GR : : GTv CPv ez, Aii Aii PgtU Pj Pg Ciwq z, s vS : ES Zgu v Q Pz qAiwg PgtU J CAigU Dv Pj Pg Ciw Azgz Avz AiUUAq ZU qVz. U g P GUz DzU PgtUU FqVg Dv Pj Pgg PgtU U Urg PU CAnP zsUg U CAi j Civ AzgPA PgtU Civ Azgz JAzg U AAzsl ag Dz qAiPAz ZU qVz. EAv PgtU AAzsl ag DzP Ar z gQ P sg iq MAz wAi ga Ai PAPV jv. Dz ES ZguU Mqg U Mng Pj Pgg PgtU Urg Ciw PU CAnP zsUz CAi j Civ AzgPA PgtU AAzsl ag Dz qAi CPU CAv PgtU g P sg iq F PPAq CPjUUAq gP wAi gav. 1) Cg R PAiz CzsPg 2) Pgz PAiz, Dqv zg ES, (Pgg AiU) PgtU jg) 3) Cg PAiz, A v zg Dqv zsgu ES ( Ai)

PlP Pgz qU Pj Dz AS : rJDg 35 JrE 86, AUg, AP 7 dj 1987. Ciwqz Pj Pgg PgtU gQ wAi ga U. CPv e AS : rJDg 13 JrE 85 AP 3.7.1985.

2. gP wAi Az Ar Cz PgtU zj wAi Az Ar AAzsl aAi ESU P P vUzPz. U wAi Az Ar Gzz wAiAz Pgtz AiUAq ntAi wAi J zjU sAi APQAv MAz gQAv Prz CVAv z MzVz. 3. A v Dqv zsgu ESU AAz PgtU CAv PgtU j : G PAizAig zgV PAiz U EAv PgtU wAi Az Ar P vUzPz. U wAi Az Ar Gzz wAiAz Pgtz AiUAq ntAi wAi J zjU MzVz. 4. A v Dqv zsgu ES (U) jq PgtUU F Dz C. PlP gdg Deg v Cg j, .P. AUg, Pgz C PAiz, A v Dqv zsgu ES, ( AiU).

PlP Pg AS : rJDg 1 JrE 95. PlP Pgz aAi, zszs, AUg, AP :1531995. CPv e Ai : Pj Pgg Civ v g P Pjv. 2. CPv e AS : rJDg 22 JDgDg : 93, AP : 14793. GTv P AS (1)g CPv ez Pj Pgg Aii Aii Azsz J PAigU CivUz JA U PAz ZU grVz. GTv P AS (2)g CPv ez Aiiz Pj Pg gz ES Zgu Cx AiiAU Zgu Q Ez, CAv Pj PgU r qz j Pjv, ES r j wAi CjPz Pz Pjv PAz iUaU grVz. F Ai AP 3785g CPv ez PArP5g ZU iv AvUzPVz v zj CPv ez Ez zu Eg. Pt Pn P, Pgz C PAiz2 A v Dqv zsgu ES. ( AiU) PlP Pg GR : 1. CPv e AS : rJDg 13 JrE : 85, AP : 3785.

AS : DE 6 E 95.

PlP Pgz aAi, zszs, AUg, AP :1631995. CPv e ES Zgu qzg

Ai :

Pj Pgg Civ:g P AA vqUl ZU.

GR : 1. CPv e AS : rJDg 13 JrE : 85, AP : 3785. 2. CPv e AS : rJDg 8 JrE : 85, AP : 301286. 3. Dz AS : rJDg 35 JrE : 86, AP : 7187. 4. CPv e AS : rJDg 14 JrE : 88, AP : 30888. 5. CPv e AS : DE 23 E : 89, AP : 19989. 6. v AS : DE 4 JrE : 85, AP : 21295. Pj Pg Aii Aii AzsU CivUz, J CAigU Ciw AzgzA U EwwU Pjv, AP 3785g CPv ez rVz. (2) Pgz zs ESU t zgAiU, CAiUP AAgAv Pj Pgg gz rg s vS, ES Zgu, CAw Dz, ZAzg MAz z Cx Qz PgtU Uj 15 wAU tUPAz GTv AP 301286g CPv ez Vz. (3) PlP UjP (VPgt, AiAvt v C) AiU 1957g Ai 10 (6)g Pg PgP Az PgtU j vjv zsg vUzP GTv AP 7187g Dzz Pgz Cg R PAizAig CzsPvAi MAz wAi gaVz. zj wAi Az Pw jz PgtU Ar GTv AP 2121995g vAi gZjVz. (4) Pgz ESU WPAz Q Eg Civ v ES Zgu PgtU ES PAizU v ES RgU MnU j w 3 wAUUAiizg gQAv U viP gAi Uv Ai CAzg AivPPV d 20 v dj 20g z, A v Dqv zsgu ES ( AiU)Ai SU PrPjz Cgu gAi Av GTv AP 3081988g CPv ez V ZU qVz. (5) g ZU : iUaU z Civ:ES ZguU PgtU CUv AP Pgtgz AAzsl CPjU vB v vSU MqPUzAz GTv vAi JZjP qVz. (6) VzU aAi U zs ESU Pj Pgg Civ v ES Zgu PgtU CUvV AUwgz Pg UArz. Ciwq Pj PgjAz Aiiz P vUzPz fzsg svAi Pg qPVgvz. (7) DzzjAz aAiz ESU v Pv ESU zs A PgtU CAzg, Q PgtU, tP zg, Pj zU GAW Ev AiUU AAzslAv Q Gg J Ciw PgtU Pgz J zs

PAizU:PAizU v ES Rg ia F A vqAi gQAv Pln ZU qVz. (8) Pgz J zs PAizU:PAizU, v ESAi Ai g Aq J PgtUU AAzAv Cgu gAi gV Pgz R PAiz, EjU vz vPz. / Pt Pn P, Pgz C PAiz2 A v Dqv zsgu ES. ( AiU) PlP Pg AS : DE 17 E 95 PlP Pgz aAi, zszs, AUg, AP : 281095. v Ai : Ciwqz Pj Pgg wAi Az Ar U. PgtU gQ Eg

GR : 1. CPv e AS : rJDg 13 JrE : 85, AP : 3785. 2. Pgz Dz AS : rJDg 35 JrE : 86, AP : 7187. 3. v AS : DE 4 JrE : 95, AP : 21295. Pj Pg Aii Aii AzsU CivUz, J CAigU Ciw AzgzA U GR (1)g CPv ez PAz iUaU qVz. 2. Pj Pg Civ C Dg wAUU j jPA P Pg PgtU Pg Uvrg gP wAi Az P ntAiAU ArAv U wAi J zjU sAi APQAv MAzg Pr Ez CAi D ntAi MzVAv aAiz zs ESUU GTv P AS (2)g Dzz aVz. 3. GTv P AS (3)g vAi AP 7187g Dzz ZU gZjVz. DzU aAiz P ESU F jwAi PgtU gP wAi Az Ar z gV A v Dqv zsgu ES ( AiU)U Pwgz UP Az, PgtU CAw tAi vUzP CUv AUwz. 4. DzjAz, aAiz J ESU v ESUU AAzslAv Uv j Civ C jPA PgtU gP wAi Az Ar zsUAv DAiiAi ESAi Cg : : GPAizU CPjAig iPgV (convenor) : z PAizAigV ; z PgVz. Pw gV lz PAi

5. gP wAi Az PgtU Ar z Pgz Cg RPAizAig PAiiAizAU ia sAi PgAi Uv AP v Ai sAiiVAi ESU zsjPvPz. EzAv GTv ZU Aiiz zug. / J.P.JA. AiP, Pgz PAiz A v Dqv zsgu ES. PlP Pg AS : DE 13 E 95 PlP Pgz aAi, zszs, AUg, AP : 71195. v Ai : PlP UjP (VPgt, AiAvt v C) AiU, 1957grAi ES ZguAi q U iUaU. 2. CPv e AS : fJr : 171 : JJDg : 65 : : 221966. 3. CPv e AS : fJr : 26 : JJDg : 72 : : 2361972. 4. CPv e AS : rJDg : 24 : JJDg : 78, : d 1978. 5. CPv e AS : rJDg : 10 : JrE : 82, : 1941982. 6. v AS : rJDg : 14 : JrE : 85, : 571985. 7. v AS : DE : 6 : JrE : 91, : 2131992. 8. v AS : DE : 12 : E : 94, : 7121994. Zgu Pgz : P Pgz PAzV CP ES Zgu PgtU zAq z Zgu gAi wAi Dv Pg : CPjU Pz EgzjAz, juPjAiiV zAqAi ejAiiUwAz, EAv PAz PgtU Pgz UP Agvz. 2. F jw ES ZguAi svU PgtgU AAzsl Zgu Pj : PjU PP Mr v F AAzsz P ZAi q Ai Pg jz. 3. GR (1) jAz (8) ggU GTg CPv e : vU ES ZguAi CjPz iUaAi qVz. 4. CP Z : iUaU grzU Pq ES ZguAi P PjU zAq z zj ZU UtU vUzPz Eg g PgtU UP Az, Pg Ez UAgV jUtz. DzjAz, E Az F ZU PlmV Av P PjUU v aVz. zj ZU z Eg Zgu PjU U ES ZguAi svA juPjAiiV ejU sgU AAzsl P PjU PP MrPUvzAz F P JZjz.

GR : 1. CPv e AS : fJr (MDg) 3 JDg : 57 : AP : 14121957.

/ J.. z Pgz R PAiz PlP Pg AS : DE 16 E 95 PlP Pgz aAi, zszs, AUg, AP : 231195 CPv e Ai : ES Zgu DgAzg A vqUl ZU. 2. CPv e AS : rJDg 14 JrE 88, AP 3081988. 3. CPv e AS : CE 6 E 95, AP 1631995. Pj Pgg gz tz zgAiU, CAiU, Q PzU, sZgz Cg, zqv U Pv Pv Avz CgUAzV CP ES Zgu EvU Q Egv. Pj Pgg gz rg s vS v ES ZguU vjvUwAz CgAz tUz Ul Q Gg Ai Pgz UP Az. EAv A j F AAv ZU qVz : (J) Pj Pg CPU:zqvU Pgz UP Az APAz g wAUUV CAv Pj PgU zgu nAi ejUvPz U qU Uj 15 wAUUV CAwUP. () Dgv Pj PgU Dg nAi Pvz APAz P PP, GzguU 15 U MUV Tv PAi U Dgv Pj Pg Tv PAi aU PP Pjz, E 15 U gzAv a PP qz. () CPU:zqv, AiiU Pgz UP Az v Dgv Pj Pg gz DgU JAz gv; Ev CAU MUAqAv MAz Ai EzgAU UwVz. F Ai viPV iwAi Pgz C PAiz, A v Cqv zsgu ES ( AiU2) EjU aAiz J ESU vz iZ, d, Ag v rAg CAvUAqAv CPV K 20, d 20, CPg 20 U dj 20gUV PPAz az. Pgz J zs PAizU:PAizU v ES Rg F ZU ZZ vz v F ZU AAzsl J PjU UP vg Pjz. / J.P.JA. AiP Pgz PAiz A v Dqv zsgu ES GR : 1. CPv e AS : rJDg 8 JrE 85, AP 30121986.

CAzs AP : jAz ggU ESAi PgtU gU aAiz ESAi g : ........................................................................

Pv ESAi g P AS Dgv Pj Pg: g v CPU: zqvU Pgz UP Cz Vz Vz AP 4 s vS CgAz Cz CgAz AP grz AP Dgv Pj Pgg gz z gu n (CnP Pw 6 DgU gz gu q Dgv Pj PgU ZguPj U AqPj U z AP gAi vUzPAq Pz v Av 8 ZguAi v Av Zgu Vz Zgu g z Pgt 9 zAqAi z Czg g zAqAi z Ez g

10

11

PlP Pgz qU Pj Dz AS : DE 9 E 96, AUg, AP : 22696. Ai : A AAz CAnP g, gaVz: .D.. ESAi U sUz PAi Ai g CPjU Ciw PgtU gQ wAi ga U. v Cqv zsgu ESAi U sUz PAiAi g CPjU PgtU P Pg Urz Ciw PU zsUz, D CAi j Civ AzjPA PgtU PgP P sg iq, F PPAq CPjU gP wAi CzsPg zg zg AZPg Ar A v Cqv P P vUzPz. AiUAq ntAi gQAv Prz CVAv

1. Pgz R PAiz 2. Pgz Cg R PAiz 3. Pgz PAiz, DE 4. Pgz GPAiz (U) .D..E.

2. gP wAi Az AAz PgtU zsgu ESAi U sUzrAi g SU wAi Az Ar Gzz wAiAz Pgtz wAi CzsPg U zjU sAi APQAv MAz z MzVz.

3. zj wAi AZPg, Czg sU qU vAiij, R AwUg CzUV Arz. PlP gdg Deg v Cg j, P.J. dAigi Pgz C PAiz2, A v Dqv zsgu ES, ( AiU) PlP Pg

AS : DE 9 E 95

PlP Pgz aAi, zszs, AUg, AP : 26696. v

Ai :

Q AiiAiz ZguU Ml CgzsPV zAqU UjAiiz Pj Pgg gz P dgV U iUa.

PlP UjP (VPgt, AiAvt v C) AiU 1957g Ai 14(1)gg, zj AiU AiU 11,12 v 13g K Vzg Q AiiAiz Q DgPV zAiiz Pj Pgg B ES ZguU MrzAi Az e iq Cx vUz P Cx PzeU E zAqAi zVz. F Aiz CP, Azsz CZz 311 (2)g A qz. 2. MAz , Q AiiAiz zAqUUz Pj Pg D AiiAi vU z zAqAi gz x AiiAiz , PV AiiAiz zAq DzP vqAiie qzPAqUU Cx AiQP e qUq Dz qzPAqUU, PlP UjP (VPgt, AiAvt v C) AiU 1957g Ai 14 (i)g CPU ejUzz zsvAi Z AiiAi Pd Pt GzPg (Dqv) z gz J. Ug g Pgtz (JLDg 1995 J 1364) rg w Q j Pg F PPAqAv iUaAi rz. 3. Azsz CZz 311(2)grAi Jgq gAvPz RAq (Clause) (J)Ai ``Q Dgz zAiiUAv irz qvAi U vzAiizjAz zAiiVgz Azq Gz. DzjAz, Dv Pj Pg Q AiiAiz Dzz gz z Cx Evg gu rz; Cx AiiAi Q AiiAiz zAq Dz AAinz, Cx Dv EvxzgU e qUq qz'' JA PgtPV PlP UjP (VPt, AiAvt v C) Ai 1957g Ai 14(1)gg P dgVz vq rAiPz CUv. EAv J AzsU Pz P JAzg, M M Pj Pg Q AiiAiz zAqU UjAiizg, Dv gzz EvxUgU PAiz Azsz CZz 311(2)grAig Jgq gAvPz x qg PlP UjP (VPgt, AiAvt v D) AiU 1957g Ai 14(i) gg P PUvPz. Ez, Q AiiAiz w DgPV zAiiV zAqU UjAiizAv QAi Ai AzjAi CP PzAvUvz. CzjAz, Cz EvxUz PAiz P. Czg, MAz Dv Pj Pg AiiAiz R (acquit) Aiizg, PjAi Dz jjz. MAz Pj Pgg B U vUzPAq, Dv Ai Azjzg CVgwzAx J sUU PUv.

4. DzjAz, Pgz J zs PAizU, PAizU, ES Rg, v Cz g J Pw v PgU UP F ZU vg Pjz. /

P.J. dAigi Pgz C PAiz2, A v Dqv zsgu ES, ( AiU) PlP Pg AS : DE 7 E 96 PlP Pgz aAi, zszs, AUg, AP : 4796. v Ai : Pj Pgg ES Zgu q PlP PAiP AU z ES Zgt PgtU Pj Pgg w Ai U.

PlP (VPgt, AiAvt v C) AiU, 1957g Pg Pj Pgg ES Zgu q PlP PAiP AU Zgu PjAi U Pj Pwz, PgU E Az F jw PgtU Pj Pgg w Ai PAz PlP PAiP AzsPg Pgz UP vAzg. 2. CzjAz, J P PgU E Az PlP PAiP AU ES Zgu q J PgtU Pj CPj:Pgg w Ai PqAiV vz PAz F P Pjz. / P.J. dAigi Pgz C PAiz2, A v Dqv zsgu ES, ( AiU) GOVERNMENT OF KARNATAKA No. DPAR 4 SDE 96 Karnataka Government Secretariat, Vidhana Soudha, Bangalore, dated : 28.8.96. CIRCULAR Sub: Avoiding delay in initiating department enquiries-Instructions-Regarding. 2. O.M.No. DPAR 8 SDE 85, dated 30.12.86. 3. G.O.No. DPAR 35 SDE 86, dated 7.1.87. 4. O.M.No. DPAR 14 SDE 88, dated 30.8.88. 5. O.M.No. DPAR 23 SDE 89, dated 19.9.89. 6. Circular No. DPAR 4 SDE 95, dated 21.2.95. 7. O.M.No. DPAR 6 SDE 95, dated 16.3.95. Ref: 1. O.M.No. DPAR 13 SDE 85, dated 3.7.85

8. O.M.No. DPAR 16 SDE 95, dated 23.11.95. In the Official Memoranda referred to at (1) to (7) above, instructions/guidelines have been issued for expenditious disposal of pending enquiries against Government Servant who are facing charges of misconduct such as negligence/dereliction of duty, misappropriation, defalcation, corruption etc., 2. In the Official Memorandum dated 23.11.1995, referred to at (8) above, instructions have been issued to the effect that wherever instances of such irregularities/misconduct of Government Servants come to the notice of disciplinary authorities, they should take action to serve the charge memos/statements, of imputations of misconduct on the concerned, within three months. 3. Inspite of it, in a case, involving a retired officer, disciplinary action was not initiated promptly so as to be within the time limit stipulated in Rule 214 (1) (b) (ii) of K.C.S. Rs, as a result of which it was not possible to initiate the same. It has also been the experience of Government that, in some cases, proposals for holding disciplinary proceedings against Government Servants are sent to Government (with details of the alleged misconduct committed) just two or three days before the date of retirement of the Government servants concerned. 4. In the circumstances explained in para 3 above, it is once again reiterated that as soon as the alleged misconduct committed by a Government servant comes to notice, the same should be intimated to the disciplinary authority concerned. As for Government servants who are due to retire, such information should be sent to the disciplinary authorities concerned along with draft articles of charges etc. together with the connected documents, at least, two or three months before they are due to retire. 5. It has also come to the notice of Government that complaints against Government Servants are simply forwarded to the concerned disciplinary authorities / Government to take sutitable action. This is not correct. The officers concerned should conduct a preliminary enquiry to find out the truth of such complaints and only if there is a primafacie case for holding an enquiry should the connected papers be sent to the disciplinary authority / Government along with draft articles of charges etc. for holding a departmental enquiry. In respect of the accused Government servants, who are due to retire shortly, the date of their retirement should invariably be mentioned without fail; while forwarding their papers to the disciplinary authorities concerned. 6. All the Principal Secretaries and Secretaries to Government are requested to bring these instructions to the notice of all the concerned. Sd/K.L. JAYARAM, Under Secretary to Government.-II, Department of Personnel & Administrative Reforms, (Service Rules)

PlP Pg AS : DE 1 E 97 PlP Pgz aAi, zszs, AUg, AP: 18297. CPv e Ai : PlP UjP (VPgt, AiAvt v C) AiU, 1957g CaI, II, III, IV P wzr Pjv.

Pg Pj Dz AS : DE 125 ED 95, AP 16197g Dzz A v Dqv zsgu ES ( AiU) SAi wg CAiU U AiU CUvz g CQ, CUv P vUzP Dzz. F Ai PlP UjP (VPgt, AiAvt v C) AiU, 1957g Ca I, II, III, U IV P P wzr iq jPVz. 2. DzjAz, Pgz J zs PAizU:PAizU, v Dqv ESAi Ai g J ESUU AAzslAv g CaUU Kzg wzr iqP? q? JA U w Pjz. AAzsl ESU zj CaU wzr CUvAz Gzz, U e ntAi MzVP. zU q irz Cx Pl CzP PgtU MzVP. F Ai Dz:ZU Ez, CU wAi U ESAi Ewa Az v Pw AiU wAi MzVP. U CaU wzrAi Ca II v III P Uv Ai DAU v Pq sU vAiij wUAU A v Dqv zsgu ES ( AiU) SU MAz wAUUV PAv Pjz. 3. Gzv wzr U AAz ES ag Cz qz z. 4. zj CaUU Aiiz wzr CUv EAz CAi l, F U ``'' gAi P wz. / P.J. dAigi Pgz C PAiz2, A v Dqv zsgu ES, ( AiU) PlP Pg AS : DE 16 E 96 PlP Pgz aAi, zszs, AUg, AP : 21497. v Ai : Pj Pgg AAiq U g P iq U ZU.

GR : 1. CPv e AS : rJDg 13 JrE 85, AP 371985 (Avgz CPv e AS:rJDg 1 JrE 95, AP 1531995gAU NPAqAv) 2. CPv e AS : rJDg 16 E 89, AP 26689.

Pj Pgg A U Cg g Pz U iUZU (1)g Nzz AP 3785g CPv ez qVz. 2. AZ CAiz CrAiU Cx Ez AiP AAzAv vSU MUVg Pj Pgg, CiwgAv g sgU, Pg DVAzU grg ZAirAi j, vzAvg Ciw UU tAi vUzPAv P AS (2)g GTz CPv ez rz. 3. DzjAz, Pgz zs PAiz : PAizU v ES RgU, Pj Pgg AAiq U g P iq U Pg DVAzU grg ZU UzlPAq t v Ai g J PgUU aAv v Pjz. / P.J. dAigi Pgz C PAiz2, A v Dqv zsgu ES, ( AiU) PlP Pg AS : DE 3 E 97 PlP Pgz aAi, zszs, AUg, AP : 29597. v Ai : CPv Ugdgz Pj Pg P dgV U. 2. CPv e AS : DE 3 JrE 94, AP 26294. (1)g GTg CPv ez Pj Pgg Aii Aii Azsz Ciwqz JA U ZU qVz. 2. (2)g GTz CPv ez, CPvV Ug dgz Pj Pgg P dgV U gz ZU qVz. 3. F jw ZU rzU Pq, CPvV Ug dgz Pj Pgg juPjAiiV P Pz dgVz Egz Pgz UP Az. 4. DzjAz, Pgz zs PAizU:PAizU:ES Rg, CPvV Ugdgz Pj Pgg gz GTz ZU Pg PlmV P vUzPvPzAz F P B Mw Vz. / P.J. dAigi Pgz C PAiz2, A v Dqv zsgu ES, ( AiU) PlP Pg GR : 1. CPv e AS : DE 13 JrE 85, AP 3785.

AS : DE 14 E 96

PlP Pgz aAi, zszs, AUg, AP : 31 97. CPv e

Ai :

P DgAzg, qzg U CAwUzg A vqUl U Q Eg PgtU UwAi g CQ U U Gj (Monitoring) U ZU. 2. CZ AS : fJr : 28 : JJDg : 69 : : 121273. 3. CPv e AS : rJDg : 5 : JJDg : 79: : 8781. 4. CPv e AS : rJDg : 13: JrE : 85, : 3785. 5. CPv e AS : rJDg : 12 : JrE : 86, : 22586. 6. CPv e AS : rJDg : 15 : JrE : 86, : 1386. 7. CPv e AS : rJDg : 8 : JrE : 85, : 30121986. 8. CPv e AS : rJDg : 14 : JrE : 88, : 30888. 9. CPv e AS : DE 6 E 95, : 1631995.

GR : 1. CPv e AS : fJr : 3 : JDg : 57 : : 141257.

10. CPv e AS : DE 16 E 95, : 231195. Pj Pgg gz, Dv zqvU AAz DgU U P vUzP Pjv, PPP, GTz CPv eU ZU qVz. 2. 1 jAz 7, g GTz CPv eU rz ZU gA, 7g GTz AP 301286g CPv ez qVz. 3. dP PvU w (198687) (8 zss) v 14 gAi irz sgU Pg, 7g GTz AP 301286g CPv ez ZU qVz. Czg Az sU F PU Gzjz : ``ES ZguU j U, Ung AivPP gAi DVAzU UrVz. FU CPv e AS: rJDg 43 JrE 84, AP 14285g viP gAi UrVz. CzgAv J Pg:Ciwq Pg v Gv CPjUU Ciwqz PgtU v ES Zgu PgtU U viP gAi PUvz. F CPv ezg ZU Pg wAi ES Rg v Pgz ES PAizU wAiAz viP gAi AAzsl CPjUAz viP C Vz vPt vjPAq DUz Gg Ciw : ES Zgu aU Eg PgtU AAzsl PjUU W jU P P vUzPAv ZU qPUvz. g ZU : iUa v viP gAi CvAv Az AAzsl CPjU z Pz ES vSU AU Ai Gz. DzzjAz, E Az Dv Pj Pgg gz q s vS, ES Zgu, ES vS Vz Avg Pg CAw Dz gr PgtU A DUgAv rPPAz v g PU ES vSAi

g P vUzPPAz F P ZU qVz. F ZU GAX CPjU v ES vSU MqPUvzAiAz F P wVz.'' 4. (8)g GTz 30888g CPv ez Ciw v ES Zgu PgtU g Q, Czg U qU vAiij, Czg wAi Dg wAUU dj 20, U d 20gUV A v Dqv zsgu ES ( Ai)U P aVz. 5. dP P vU w (199596) (10 zss), Pt ESU AAz 8586 U 8788 v gAi PArP3.2g sg irz Pg, (10)g GTz AP 231195g CPv ez rz ZU Az sU F PU Gzjz : ``(J) Pj Pg CPU : zqvU Pgz UP Az APAz g wAUUV CAv Pj PgU zgu nAi ejUvPz U qU Uj 15 wAUUV CAwUP. () Dgv Pj PgU Dg nAi Pvz APAz P PP, GzguU 15 U MUV Tv PAi U Dgv Pj Pg Tv PAi aU PP Pjz, E 15 U gzAv a PP qz.'' 6. v, AiP AAzAv, dP PvU w (199697) (10 zss) v 16 gAi sgU irz. Czg Az sU F PU Gzjz :
"(a) The Committee, therefore, suggest that Government should fix a maximum period from the date the defalcations, misappropriations came to notice, for commencing disciplinary proceedings, that is for serving articles of charges on the Accused Government Officials; (b)... When the physical progress was reviewed, cases, where the circular instructions were violated by taking more than 15 months to complete the disciplinary proceedings should also have come to notice and in such cases the concerned disciplinary authorities should have been asked to explain the delay; (c)... It is seen from the information and replies given during discussions, that the word "review" has been taken to mean ascertainment of number of cases pending for over a year and reminding the concerned disciplinary authorities to expedite the cases. A review should be analytical. A review of pending cases should also disclose why cases are pending for over a year. The Secretaries and Heads of Departments should invariably insist that the Disciplinary authorities should furnish reasons for pendency. Failure to cite reasons should itself invite strong action; (d) The Committee, therefore, feel that all the cases of disciplinary proceedings in all the departments, should be monitored ruthlessly and relentlessly. The Officers responsible for the delay in the proceedings should themselves be punished; (e) ... The Committee, therefore, recommend that Government should prescribe a time limit for initiating disciplinary proceedings by conducting a preliminary investigation, where found necessary and serving charges on the Accused Government Officials on the basis of the preliminary investigation say 6 months since the irregularity came to the notice of the Department/Government. The Heads of Department should be required to indicate this information also in their quarterly returns and Department of Personnel and Administrative Reforms should suitably modify the existing proforma of the quarterly returns (vide Committee's recommendations in paragraph 3.2 of the 7th Report (X Assembly)."

7. FUU zAv, AP: 23.11.1995g (10) g GTz CPv ez Pg, qU DgA U CAwU F PPq PwU UrVz:(C) Pj Pg CPU : zqvU Pgz UP Az APAz g wAUUV CAv Pj PgU zgu nAi ejUvPz; U (D) qU Uj 15 wAUUV CAwUP. A v Dqv zsgu ES ( AiU) irz CzsAiz Pg, qU DgA, CAzg, zgu nAi ejU, PjU gj ig Jgq U P vUzPwzg. Avg, CAzg, zgu nAi ejUz Avg, qU CAwU, CAzg zAq Cx, Azsg, DgAz R ir, CAw Dz gr PgU gj Jgqg U P vUzPwzg. DzzjAz, AP 23111995g zj CPv ez Urz qU DgA g wAU P U Cz CAwU z wAU P P EAz PAqgvz. LlA 7(C)z z PP, wAi, LlA (E)g azAv U V FU vUzPUwg PP UzlPAq, g wAU zV Dg wAUV UrVz. LlA 7(C)z GTz PwAi E az, v Az U jgAz Pg sz. qU DU AP RV, F PPAq g PgtUAz PAqAz : (C) zgu nAi vAiij V zRU qAi Cx gAP ZguAi CAwU PgU iq A (Zgu CPj U AqPjU z E jz); (D) ZguAi vjvV iqz, Zgu CPjU iq A; U (E) Dv Pj Pgg Gz PV ZguAi q iq A. LlA (C)U AAzAv, ES ZguAi DgA FUU AP 23111995g zj CPv ez g wAU PP Urz, Cz z, Dg wAUU, FU zAv Urz. P DgA, V, zs AvUUV F PPAq Uj PwU UrVz. PgU F PP PlmV vPz: Pz Av (J) Pj Pgg CPU: zqvU, Pgz UP Az APAz, zgu nAi vAiij V zRU qAi Cx gAP vS : ZguAi CAwU U zgu nAi vAiij, ejU; () zgu nU Pj Pg guAi qAi U Zgu Uj Pw

6 wAU

2 wAU

CPj U AqPjAi ; () ZguAi q U Zgu gAi Ar; (r) Zgu gAi j U Cz Pj U t; (E) Pgt P Jq Z v Zgu gAi evU, Dv Pj PgU q; (Js) CAw Dz gr. 6 wAU

2 wAU 2 wAU 3 wAU

8. Urz 21 wAU Uj Pw Aiiz MAz Pgtz P EAz AAz PgP PAq Az, CAv Pgtz, D Pg, D PwAi j v PjAi CzAi PgvPz. Pg PgVg PgtU, AAz Pgz PAiz, zj PwAi j, ES ag CzAi, Cg R PAizAig P qAivPz. Ez jw Aiiz MAz Pgtz, LlA ()g z 6 wAU Pw P EAz AAz ZguPjU PAqAz, CAv ZguPj, D PwAi j, Pgz CzAi qAivPz. 9. Ezz, PArP 7g jz AU vqUl, AAz Pg U Zgu PgU q a ggV PAi iq (greater interaction) CPv Egvz. F GzPV, F PPAqAv P vUzPvPz: (J) J PgU, F CPv eP Uwz (1)g, PgtUU AAz jfg vPz; () ES Rg, v U C PbjU vuAi Aiz, LlA (J)g GTg PgtU jfg j, Q Eg PgtU V gQvPz; () U U Ur U jz PgjU AAzAv, Pv ESU ES Rg Cgg ESAig PjU U ( PjU P irz) ZguPjU sAi w g wAUU qvPz. F sUV Pv ESU ES Rg zj 1g iwAi AAz PjUAz qAivPz. ES Rg PgVg Pgtz At iw ES Rg PbjAiAi sgvz. CAv PgtU, ES Rg, 1g iwAi zR, zj viP sAi g CQvPz. ES Rg, wAiAz Pgt zj sAi gQvPz. U Czg (1g gAi) MAz wAi AAzsl Pgz PAizAijU PvPz. CAv gP iqU F PPAq CAU V UvPz : (C) qAi, 1g g zs AvU Q, Aii Avz AVz; D AP Pgt K? U Cz vqUl GAi K? (D) Ezz, MAz U CzQAv a CU Qg PgtU CUwg AP Pgt K? JAz U, zRvPz, CAv PgtU Pv ES RgUU AAz PgU 1g qvPz.

Aiiz PgtU, AAz Pg, zj PgtU qz Ez, AAz PgU gz P vUzP Pv ESU ES Rg AAz Pgz PAizAijU sg iqvPz. (r) UJ U U U jz CPjUU AAzAv: UJ v U U jz CPjUU AAzAv, Pgz PAizU, zAv Pv ESU ES Rg vUzPPz PU Cg lz CjvPz. CAzg, Pgz PAizU, 1g iwAi AAz PgUAz qz, Cz P g wAUU gQvPz. U Czg (1g gAi) wAi Cg R PAizAijU PvPz. F jw U `' v U `r' PgjU AAz PgtU g CP (Review) U Gj (Monitoring) PAi Pv ES Rg P. Ez jw U `J' v U `' CPjUU AAz PgtU g CP (Review) U Gj (Monitoring) PAi Pgz PAizU P. CAzg, PgtU wV iq U U CU g CP U Gj U A v Dqv zsgu ES grg ZU u Dqv ESU, Pgz zs PAiz:PAizUzVgvz. F ZU Cg Ai g Pv ESU u zs PAiz:PAizUzVgvz. 10. qU PArP7 U 8g GRz PwAiU CAwUz Ez, D AP djAi Pgz Dqv ESUg AAz CPjU:ES Rg: PjU: ZguPjU U AqPjU (AqPj, ZguU Ug dgz) CgzVgvz. 11. ZguPjU Pw : PjU, ZguPjU U, P JZjP (care)Ai P. M ZguPjAi P irz Avg, Aiiz PgtP Zgu VAigU Cg zgz, Dv Pj Pgg Zgu q Pjz Ez Cx g Aiiz xAiz PgtPV ZguAi CAwU CqZu GAl irz, ZguAi KPQAiV (ex-parte) CAwU U ZguPjU, AiU sg CP GAiVPz. 12. g ZU : iUa v viP gAi CvAv Az AAzsl CPjU z Pz, qU AU Ai Gz. DzzjAz, E Az, Dv Pj Pgg gz q, s vS, ES Zgu, Zgu Vz Avg Pg CAw Dz gr, F J AvU A DUgAv rPPAz v g Uj PAiU ES vSAi g P vUzPPAz F P ZU qVz. F ZU GAX CPjU v Pvz Dgz PP MqPUvzAiAz F P wVz. 13. Pgz PAizU v ES Rg F ZU ZZ vz P v F ZU AAzsl J PgU UP vgvPz. / P.J. dAigi, Pgz C PAiz2,

A v Dqv zsgu ES, ( AiU).

1 CPv e AS : DE 14 E 96, AP 3151997. PgtU jfg:g PjAi z : ESAi g ............
P AS Cgv Pj Pg: g v z CPU: zqv U Pgz UP Az AP DgAP vS (preliminary
investigation)

DgAz Cx zR U qAi P vUz PArz, Cz t Uz : qz AP 4

Dgv Pj Pgg gz z gu n (CnP Ds Ze) grz AP

Zgu Pj U AqPj U z AP U Z guPjAi g, z v

ZguAi v Av. Zgu Vz Zgu gz AP v gAi vUzPAq Pz v Av

CAw Cz gr z Czg g CAw Dz grz Ez, CzP Pgt.

q Ai MAz z Pw AiU PAi U VzAi?

MAz z P w j z, CzP Pgt

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10

11

12

PlP Pg AS : DE 6 E 97 PlP Pgz aAi, zszs, AUg, AP : 2797 v Ai : U `' Uz CPjU P dgV zAq U. PlP UjP (VPgt, AiAvt v C) AiU, 1957g Ai 9(2) (JJ), (), () U 15(2J)g Pg, Czg z J ES Rg, U `' U jz CPjU P dgV, Czg z CzAqU (Minor penalties) z. 2. F jw ES RjU, U `' CPjU , P dgV, zAq CPg rzg , CP ES Rg, F CPg z, U PgP Pgvg. ES Rg, vU rz zj CPg z PgP U Pz Pg UAgV jUtz. 3. AP 2841980g v AS : rJDg 17 JJDg 80g F U gz ZU qVz. (w Uwz). Czg ZU PlmV PAz U U `' CPjU P dgV, Zgu Vz Avg Ugvg zAq Pz AzsU iv Pgt PgP PPAz aVz. 4. zj ZU GAWAi Pg UAgV jUtUzAz az. / P.J. dAigi

Pgz C PAiz2, A v Dqv zsgu ES, ( AiU) PlP Pg AS : DE 2 E 97 CPv e Ai : Pj Pgg Ciwq U. GR : 1. CPv e AS : rJDg 13 JrE 85, AP 371985. 2. CPv e AS : rJDg 24 E 88, AP 661988. 3. Dz AS : rJDg 35 JrE 86, AP 711987. 4. v AS : CE 4 JrE 95, AP 2121995. 5. v AS : DE 17 E 95, AP 28101995. 6. Dz AS : DE 9 E 96, AP 2261996. 7. v AS : DE 16 E 96, AP 2141997. Pj Pgg Aii Aii AzsU CivUz U Civ J CAigU Azgz JAz GTv (1)g CPv ez iUaAi qVz. F AAzsz, GTz (2) jAz (7)g CPv e : Dz : vU PqU U z. 2. PlP U (VPgt, AiAvt v ) AiU, 1957g Ai 10(1) ()g Pg, M Pj Pg gz Q Cgzsz Pgt vSAi Cx Zgu (trial) Ai EzU, P Pg C Ciwqz. 3. M Pj Pg gz AZ gzs PAi, 1988grAi Q Cgzsz Pgt vSAi Cx Zgu (trial) AizU, P Pg, CAv Pg Ciw EqgzAz sz (not to place under suspension), F PPAqAv P vUzPvPz: (1) AAz Pj Pgg Pw Pg, ES Rg Cx g Aiiz CPjAiiVz, U Cg CAv Pj Pgg CiwqgAz CAi nz, ES PAizU U R PAizU SAvg ESAi ag Cz qAivPz; (2) `J' v `' UA CAv CPjU PgtU, Pgz zs PAiz: PAizU, R PAizAig SAvg, ES ag U RAwAig Cz qAivPz. 4. PArP 2 g ZAi, Pgz zs PAizU: Pgz PAizU, ES Rg U Evg P PgU vz PAz az. / P.J. dAigi Pgz C PAiz2, A v Dqv zsgu ES, ( AiU) PlP Pg PlP Pgz aAi, zszs, AUg, AP : 8797

AS : DE 9 E 97

PlP Pgz aAi, zszs, AUg, AP : 11897 v

Ai :

ES Zgu PgtU gQ U ZU. 2. CPv e AS : CE 14 E 96, AP 31697.

GR : 1. Pj Dz AS : rJDg 18 97, AP 20697. (1)g GTg Dzz, A v Dqv zsgu ESAi Pgz PAiz (Dqv zsgu, vgw v gdQAi Aw vU) JA zAi fVz. zj DzP Uwz CAzsz, Evg AiU ev A v Dqv zsgu ES gvr, aAiz J ESU U Evg ESU ES Zgu PgtU gQ AiU zj PAizAijU AZVz. 2. Aq (2)g CPv ez, P DgA, Cz CAwU zs AvUU, 21 wAU PwAi UrVz. 3. U `' U U `r' U jz PgjU AAzAv, Pv ESU ES Rg Cgg ESAig PgU U ( PgU P irz) ZguPjU sAi w g wAUU qvPz. F sUV Pv ESU ES Rg zj 1 g iwAi AAz PgUAz qAivPz. ES Rg PgVg PgtU, At iw ES Rg PbjAiAi sgvz. CAv PgtU ES Rg 1g iwAi zR, zj viP sAi gQvPz. U Czg (1 g gAi) MAz wAi AAzsl Pgz PAizAijU PvPz. 4. U `J' v U `' U jz CPjUU AAzAv, Pgz PAizU, zAv, Pv ESU ES Rg vUzPPz PU Cg lz CjvPz. CAzg, Pgz PAizU, 1 g iwAi AAz PgUAz qz, Cz P g wAUU gQvPz. U Czg (1g gAi) wAi Cg R PAizAijU PvPz JAz aVz. 5. Pgz PAiz (Dqv zsgu, vgw v gdQAi Aw vU), gg AP 31597g zj CPv ez ZU Dqv ESU U Pv ESU ES Rg wzg? Cx E JAz jvg. Q Gg ES Zgu PgtU g CP (Review) Ai Cg iqvg. 6. F GzPV, AP 31597g zj CPv eP Uwz Ai viP iwAi Dqv ESU, PAiz, (Dqv zsgu, vgw v gdQAi Aw v) EjU PvPz. / P.J. dAigi Pgz C PAiz2, A v Dqv zsgu ES, ( AiU)

PlP Pg AS : DE 8 E 94 PlP Pgz aAi, zszs, AUg, AP : 31197. v Ai : PlP UjP (VPgt, AiAvt v D) AiU, 1957g Ai 28J gr Dz, n AvzU ej iqzg U.

GR : 1. v AS: rJDg 61 JJDg AP 11080. PlP UjP (VPgt, AiAvt v C) AiU, 1957grAi grPz Dz, nU v Evg DzPU () gr U D AiU Ai 28Jg jVz. Czg sg AiiAiU F PU jz: (J) RzV; () Azv CAZ P; () Pj Pg, CAv Dz, nU Cx Evg DzPU () Pj gPj Cx CU ejAi vP GzAz gAi Eg Azsz, CU wAi PjAi Cx Zgu PjAi PbjAi Z sPz v C F Az VzAz wAiz zg, Czg Aiiz Jz Pt z CAn P; (r) z Aiiz zsU Pg zj n EvU ejU zsUz Ez, CAw AiiAiV (As the last alternative), wPU Pn P. 2. wPU Pn P zj n EvU ej iqzQAv, LlA (J) jAz ()g z AiiAiU a PAizsV. DzzjAz, Zgu CPjU U PgU, LlA (J), () v ()g zsU GAiV, zj AiUrAi n EvU ejUz P. D AiiAiU Cj, n EvU ejU zsUz Ez iv, CAw AiiAiV (As the last alternative), wPU PluAi P n, EvU ejUz jUtz. AQV, zzg, LlA (J), () v ()g z AiiAiU Cj, zj n EvU ejU AiwP U D jw Aivz Avg, CU ejU zsUz Ez iv, CAw AiiAiV (As the last alternative) wPU Pn P ejUz. 3. Pgz zs PAizU : PAizU : ES Rg, z ZU Pg PlmV P vUzPvPzAz F P az. / P.J. dAigi Pgz C PAiz2, A v Dqv zsgu ES,

( AiU) PlP Pg AS : rJDg 5 E 96 PlP Pgz aAi, zszs, AUg, AP : 21297. v Ai : Pj Pgg AiiAiU Q Pz Q EzU Cz DgU P : ES ZguAi q U.

AiiAiz q QAi U ES ZguAi q QAi g g QAiUV. Pj Pgg AiiAiU Q Pz Q EzU Cz DgU U P qzVz. F Aiz, AP 2791996 gAz v AiiAi, gd Pg gz .P. v Evgg (1996)6 APm P 417, Pgtz F PPAqAv w rz :
"15. We are quite aware of the fact that not all the disciplinary proceedings are based upon true charges; some of them may be unfounded. It may also be that in some cases, charges are levelled with oblique motives. But these possibilities do not detract from the desirability of early conclusion of these proceedings. Indeed, in such cases, it is all the more in the interest of the charged officer that the proceedings are expeditiously concluded. Delay in such cases really works against him. 16. Now, let us examine the facts of the present case. The memo of charges against the respondent was served on him, along with the articles of charges, on 13.10.1992. On 9.2.1993, he submitted a detailed reply/defence statement, running into 90 pages, controverting the allegations levelled against him. The challan against him was filed on 15.5.1993 in the criminal court. The respondent promptly applied to the Tribunal and got the disciplinary proceedings stayed. They remain stayed till today. The irregularities alleged against the respondent are of the year 1989. The conclusion of the criminal proceedings is nowhere in sight. (Each party blames the other for the said delay and we cannot pronounce upon it in the absence of proper material before us). More than six years have passed by. The charges were served upon the respondent about 4 years back. The respondent has already disclosed his defence in his elaborate and detailed statement filed on 9.2.1993. There is no question of his being compelled to disclose his defence in the disciplinary proceedings which would prejudice him in a criminal case. The charges against the respondent are very serious. They pertain to misappropriation of public funds to the tune of more than rupees one crore. The observation of the Tribunal that in the course of examination of evidence, new material may emerge against the respondent and he may be compelled to disclose his defence is, at best, a surmise- a speculatory reason. We cannot accept it as valid. Though the respondent was suspended pending enquiry in May 1990, the order has been revoked in October 1993. The respondent is continuing in office. It is in his interest and in the interest of good administration that the truth or falsity of the charges against him is determined promptly. To wit, if he is not guilty of the charges, his honour should be vindicated early and if he is guilty, he should be dealt with appropriately without any avoidable delay. The criminal court may decide - whenever it does - whether the respondent is guilty of the offences charges and if so, what sentence should be imposed upon him. The interest of administration, however, cannot brook any delay in disciplinary proceedings for the reasons indicated hereinabove. 17. There is yet another reason. The approach and the objective in the criminal proceedings and the disciplinary proceedings is altogether distinct and different. In the disciplinary proceedings, the question is whether the respondent is guilty of such conduct as would merit

his removal from service or a lesser punishment, as the case may be, whereas in the criminal proceedings the question is whether the offences registered against him under the Prevention of Corruption Act (and the Indian Penal Code, if any) are established and, if established what sentence should be imposed upon him. The standard of proof, the mode of enquiry and the rules governing the enquiry and trial in both the cases are entirely distinct and different. Staying of disciplinary proceedings pending criminal proceedings, to repeat, should not be a matter of course but a considered decision. Even if stayed at one stage, the decision may require reconsideration if the criminal case gets unduly delayed."

2. Pgz J zs PAizU : PAizU:ES Rg, v AiiAiz, Gzjz w, v Ai g J PgU UP vg Pjz. / P.J. dAigi Pgz C PAiz2, A v Dqv zsgu ES, ( AiU) GOVERNMENT OF KARNATAKA No. DPAR 17 SDE 97 Karnataka Government Secretariat, Vidhana Soudha, Bangalore, dated : 9-12-97. CIRCULAR Sub : Arrest of Civil Servants - regarding. Section 41 of the Criminal Procedure Code provides that a Police Officer can arrest, without an order from a Magistrate and without warrant, any person in any of the specified circumstances mentioned therein. It has been held by the Court that the words 'may arrest' in this Section shows that the power of arrest is discretionary and that a Police Officer is not always bound to arrest for cognizable offence. It would, therefore, be desirable that in cases involving civil servants accused of any offence alleged to have been committed while acting in the discharge of official duties, the Police Officer may arrest the civil servant concerned in effective consultation with the Appointing Authority. Such effective consultations will enable him to get a better insight into the facts and circumstances of the case and to properly exercise the discretion, to arrest or otherwise, vested in him. However, where the offence is of a very heinous nature warranting immediate arrest and consulation with Appointing Authority is not feasible, he may arrest the civil servant and keep the Appointing Authority informed immediately. All this will ensure that there is due application of mind before excercise of the discretion to arrest and the Appointing Authority also enable to take further action to suspend the Government servant and make necessary alternate arragements for discharge of work and functions of the office he holds. 2. In Joginder Kumar Vs. State of Uttara Pradesh and others, the Supreme Court has observed as follows : "Whenever a public servant is arrested, that matter should be intimated to the superior officers, if possible, before the arrest and in any case, immediately after the arrest ....." " In India, Third Report of the National Police Commission at page 32 also suggested :

" ..... An arrest during the investigation of a cognizable case may be considered justified into one or other of the following circumstances :(i) The case involves a grave offence like murder, dacoity, robbery, rape etc., and it is necessary to arrest the accused and bring his movements under restraint to infuse confidence among the terror stricken victims. (ii) The accused is likely to abscond and evade the processes of law. (iii) The accused is given to violent behaviour and is likely to commit further offences unless his movements are brought under restraint. (iv) The Accused is a habitual offender and unless kept in custoday he is likely to commit similar offences again. It would be desirable to insist through departmental instructions that a police officer making an arrest should also record in the case diary the reasons for making the arrest, thereby clarifying his conformity to the specified guidelines...." " The above guidelines are merely the incidents of personal liberty guaranteed under the Constitution of India. No arrest can be made because it is lawful for the Police Officer to do so. The existence of the power to arrest is one thing. The justification for the exercise of it is quite another. The Police Officer must be able to justify the arrest apart from his power to do so. Arrest and detention in police lock-up of a person can cause incalculable harm to the reputation and self-esteem of a person. No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person. It would be prudent for a Police Officer in the interest of protection of the Constitutional rights of a citizen and perhaps in his own interest that no arrest should be made without a reasonable satisfaction reached after some investigation as to the genuineness and bona fides of a complaint and a reasonable belief both as to the person's complicity and even so as to the need to effect arrest. Denying a person of his liberty is a serious matter. The recommendations of the Police Commission merely reflect the constitutional concomitants of the fundamental right to personal liberty and freedom. A person is not liable to arrest merely on the suspicion of complicity in an offence. There must be some reasonable justification in the opinion of the officer effecting the arrest that such arrest is necessary and justified. Except in heinous offences, an arrest must be avoided if a police officer issues notice to person to attend the Station House and not to leave Station without permission would do." " These rights are inherent in Articles 21 and 22(1) of the Constitution and require to be recognised and scrupulously protected. For effective enforcement of these fundamental rights, we issue the following requirments : 1. An arrested person being held in custody is entitled, if he so requests to have one friend relative or other person who is knows to him or likely to take an interest in his welfare told as far as is practicable that he has been arrested and where is being detained. 2. The Police Officer shall inform the arrested person when he is brought to the police station of this right. 3. An entry shall be required to be made in the Diary as to who was informed of the arrest. These protections from power must be held to flow from Articles 21 and 22(1) and enforced strictly."

"The above requirements shall be followed in all cases of arrest till legal provisions are made in this behalf. These requirements shall be in addition to the rights of the arrested persons found in the various Police Manuals." "These requirements are not exhaustive. The Directors General of Police of all the States in India shall issue necessary instructions requiring due observance of these requirements. In addition, departmental instruction shall also be issued that a police officer making an arrest should also record in the cse diary, the reasons for making arrest." 3. Home and Transport Department and the Director General of Police may issue suitable instructions and bring the contents of this Circular to the notice of all the concerned Police Officers. Sd/B.K. BHATTACHARYA Chief Secretary to Government. PlP Pg AS : DE 1 E 98 PlP Pgz aAi, zszs, AUg, AP : 24198. v Ai : Ciwqz Pj Pgg PgtU gQ Cg R PAizAig CzsPvAi gaz wAi Az Ar U. 2. Pgz Dz AS : rJDg 35 JrE 86, AP 711987. 3. v AS : DE 4 JrE 95, AP 2121995. 4. v AS : DE 17 E 95, AP 28101995. Pj Pg Aii Aii AzsU CivUz v J CAigU Ciw AzgzA EvAi U GR (1)g CPv ez PAz iUaU qVz. 2. PlP U (..J) AiU, 1957g Ai 10g GAi (6) C F PU Gzjz: "Where a Government servant has been suspended by an authority other than Government and final orders in the inquiry pending against him have not been passed within a period of six months from the date of order of suspension, the case shall be reported to Government for such orders as it may deem fit." 3. PArP1 g GTz, AP 371985g CPv ez Urz Ciw CAi PwU Cj zsUz, Cz j Civ AzgPA PgtU, AAzsl ag Dz qAi CPU, CU g, P sg iq, (2)g GTz AP 711987g Pj DzzAi Cg R PAizAig CzsPvAi wAi gaVz. 4. (4)g Nzz AP 28101995g vAi, zj wAi Az PgtU Ar PAizs jVz.

GR : 1. CPv e AS : rJDg 13 JrE 85, AP 371985.

5. zj gP wAi Az PgtU ArU At iwAi qwz Egz UVz. DzzjAz, zj wAi Az Ar PgtU U iwAi F vU Uwz Ai wAi sAi PgAi s Z vz evU qPAz Pgz zs PAiz : PAizU PgVz. C jz Ciw PgtU gQ Pgz Cg R PAizAig CzsPvAi gaz wU iw q ESAi g : P AS Pj Pg g v z 2 DzU g : AQ g 3 Civ Uz AP DgU g UtU vUzPAq Ciw CAi AzgP? Cx q JA ESAi PAizAig CAi 5

g 6

/ C Rg Pgz PAiz, .D..E. ( AiU) PlP Pg AS : DE 1 E 98 PlP Pgz aAi, zszs, AUg, AP : 19298. v Ai : Ciwqz Pj Pgg PgtU gQ Cg R PAizAig CzsPvAi gaz wAi Az Ar U. 2. Pgz Dz AS : rJDg 35 JrE 86, AP 711987. 3. v AS : DE 4 JrE 95, AP 2121995. 4. v AS : DE 17 E 95, AP 28101995. 5. v AS : DE 1 E 98, AP 24198. Pj Pgg CiwU AAzAv, PlP UjP (VPgt, AiAvt v C) AiU, 1957g Ai 10g, GAi (6)g PwU CAnPz PgtU GTv P AS:(2) v (3)g Urz gP w Az Ar AiPUAv AP 24198g GTv vAi Ai Urz.

GR : 1. CPv e AS : rJDg 13 JrE 85, AP 371985.

2. zj Ai PAz CAU q iq Gzz, jjz Ai F PPAqAv Egvz. F Ai, wAi sAi PgAi s Z vz evU iwAi qPAz Pgz zs PAiz : PAizU PgVz :

C jz Ciw PgtU gQ Pgz Cg R PAizAig CzsPvAi gaz wU iw q ESAi g :

P AS Pj Pg g v z DzU g : AQ g Civ Uz AP ES Zgu: Q Pz Ai v Av ES Zgu gAs z Ezg PgtU DgU g UtU vUzPAq Ciw CAi AzgP? Cx q JA g U ESAi PAizAig CAi

/ P.J. dAigi Pgz C PAiz2, A v Dqv zsgu ES, ( AiU) PlP Pg v Pj Dz AS:rJDg 6 E 96, AUg, . 6 K 98 Ai : Pj Pgg AiiAiU Q Pz Q EzU Cz DgU P ES ZguAi q U g ZU.

GR : 1. AP 2 rAg 1997g v AS rJDg 5 E 96. 1. Pj Pgg AiiAiz Q Pz Q EzU Cz DgU P ES ZguAi q U Aq vAi ZU qVz. 2. zj vAi ZU Pg P CPjU P dgVz Egz Pgz UP Az. DzzjAz, zj ZU Pg Pln P dgVPAz F P B az. P dgVz Ez Pz AAzsl ES Rg uUggV iqUz JAz wz. / P.J. dAigi Pgz C PAiz2,

A v Dqv zsgu ES, ( AiU). PlP Pgz qU Pj Dz AS : DE 3 E 96, AUg, : 24 K 98 Ai : PlP U (VPgt, AiAvt v C) Aii, 1957 grAi iq ES ZguU v Aiig U v Pgz CPjUU U. 2. CZ AS : fJr 28 JJDg 69, AP 12121973. 3. CPv e AS : rJDg 5 JJDg 79, AP 871981. 4. CPv e AS : rJDg 13 JrE 85, AP 371985. 5. CPv e AS : rJDg 12 JrE 86, AP 2251986. 6. CPv e AS : rJDg 15 JrE 86, AP 131986. 7. CPv e AS : rJDg 8 JrE 85, AP 30121986. 8. CPv e AS : rJDg 14 JrE 88, AP 3081988. 9. CPv e AS : DE 6 E 95, AP 1631995. 10. CPv e AS : DE 16 E 95, AP 23111995. 11. CPv e AS : DE 14 E 96, AP 3161997. Pj Pgg gz Cv zqvU AAz DgU U P vUzP Pjv, PPP, GTz CPv eU ZU qVz. 2. 1 jAz 6 g GTz CPv eU rz ZU gA, 7g GTz AP 30121986g CPv ez qVz. 11g GTz AP 3161997g CPv ez, PU DgA, q U CAwU U U Czg g CP v Gj U ZU qVz. 3. PlP U (VPgt, AiAvt v ) AiU, 1957g Ai 11g G Ai (2)C, G Ai (5)g evU NPAqAv, M Pj Pg gz zqvU AAz DgU U Pg, v vB Zjz Cx Zgu iq M Zgu Pg z. 4. Aig CPjU Zgu PgUV z MAz i rPAiiVz. Dzg, Aig CPjU, Cg vz PU gvgVgzjAz U Evg PgtUAz ES ZguU vjvV (expeditiously) tUwA Ai Pgz UP Az. Aig CPjU Zgu PgUV zg evU UAg zqv (grave misconduct), UAg Pv, (grave negligence) DyP , Czg t zgAiU, Avz PgtU iv v CPjU Zgu PgUV U F PPAqAv DzVz : (C) AAz Pj PggU gz Zgu q, Zgu PgUV zz v Aiig U v Pj CPjU MAz n (panel) Ai F PU az PAi zsz Pg vAiijvPz.

NzVz : 1. CPv e AS : fJr 3 JDg 57, AP 14121957.

(D) LlA (C) g GTz (panel) Ai j v Aiig gU AAz Pgz PAizU, P ESAi PAizAijAz qAivPz; (E) v CPjUU AAzAv, A v Dqv zsgu ES ( AiU) nAi vAiijvPz. F GzPV, A v Dqv zsgu ES ( AiU) zs Dqv ESUAz v CPjU gU qAivPz. gU aU, Dqv ESU, CAv v CPjU, ES Zgu qzg Az Cs:tv U Cg itPvAi zrPjPvPz. F jw gU Pjz Avg, j, A v Dqv zsgu ES ( AiU) MAz P n (Master Panel) vAiijvPz. F P nAi PPP gU jz. Aiiz ES, v CPjU Ai, ZguPjAiiV, AqPjAiiV Cx zgu nAi vAiij, qAi Eaz, F P nAi jg Aiiz v CPjU Ai qAiz; (F) Mg v CPjAig g n (panel)Ai j AZ Cg Tv MUAi qAivPz; (G) nAi jz v Pgz CPjU, Cg iv ESAiiVz ESAi CPjU PgtU Zgu PgUV gz. (H) Zgu PgV PU v CPj, Dv Pj Pg Az zAi zeVAv Gv zeAi zAz vVgP; (J) LlA (C) jAz (G)g GTz v CPjU Zgu PjUV z Azsz, Cg AAz Pgz PbjAi Cgtz Cx PgP CVg ( Pg Ugw Ur) CPjAi Pbj Cgtz, ES ZguAi qvPz. F GzPV, FUU sg PbjU CjU P irPqvPz; (L) zj Zgu PgUU, ZguAi q GzPV, AAz PbjAi FUU sg WUgg:gZUgg Ai U R VU AAz Pbj Rg MzVvPz; (M) GTz v CPjUU Zgu PgUV U, AAz PgU, MAz PwAi Ur, D PwAiU Cg ZguAi VvPzAz P. Dzg, CAv Pw g wAUVAv Z ggz; (O) GTz v CPjU Zgu PgUV AAz PgU z, CjU wAiAz ZguUV g. 5,000 Aav AsAi (consolidated remuneration) qvPz. Ez Zgu PgV Dzz vPz. F AsAi Adg iq CPg AAz PgUU qVz. F AsAi Zgu gAi z Avg w iqvPz; (CA) Cz, DgU n (Articles of charge) Ai vAiij, n (panel) Aig v Aiig:CPjU Ai GAiVPz. DgU nAi vAiij Aiiz MAz Pgtz ial v CPjAi Cz Pgtz ZguPjAiiV vPz. F PPV wAiAz Pgtz g.1,000 AsAi qvPz. Pg

zgu nAi (Articles of charges/Statement of imputations of misconduct) grz Avg, F AsAi w iqvPz; (CB) Cz, n (panel) Aig v Aiig : CPjU AqPjUVAi (As Presenting Officers) z. U z v CPjUU g. 3,000 Aav AsAi wiqvPz. F AsAi Zgu Pg Zgu gAi Arz Avg w iqvPz; (P) LlA (O), (CA) v (DB)z As Z AAz PbjAi vz P PU RZ PvPz. 5. Pgz zs PAizU : PAizU v ES Rg, ZUg CP GAiVPz. U zj ZU AAzsl J PgU UP vgvPz. 6. F Dz DyP ES v AP 3498g nt AS : DE 66 : Z 5:98, g rz wAiAi grVz. Pl gdg Deg v Cg j, C Rg Pgz PAiz, A v Dqv zsgu ES, ( AiU) PlP Pg AS : DE 2 E 98 PlP Pgz aAi, zszs, AUg, AP : 16798. CPv e Ai : Pj Pgg AiiAiz P P dgV Adgw q UU g ZU. 2. CPv e AS : rJDg 18 JrE 90, AP 10790. GTz, P AS (1) v (2)g CPv eU, Pj Pgg gz AiiAiz P P dgV sZg gzs CAi, 1947g Pgt 6 v zAq QAii Av 1973g Pgt 197g Pg, CjPz Pz U iUZU qVz. 2. Aq CPv eU AvUzPAq F PPAq ZU rz. 3. v AiiAi jm Cf (Q) ASU : 340343:93 v gAiu v Evgg gz AiAi Ds EArAii v Evgg (1997 (10) i lq476) Pgtz AP 18297 gAz rz w Gzsv sU F PU z :
" Time limit of three months for grant of sanction for prosecution must be strictly adhered to. However, additional time of one month may be allowed where consultation is required with the Attorney General (A.G) or any other Law officer in the A.G's Office."

GR : 1. CPv e AS : rJDg 16 JrE 88, AP 28388.

4. Pj Pgg gz Q Pz q Cw q , P PjAi v Az Arz zRU jz Avg, Pj Pg gz

AiiAiz Pz irPvPz.

lP

DzsgU

JAz

zl

5. sZg gzs CAi, 1988g Pgt 19gAi Aii CPjAi Pj Cx Pgz CzAiq e iqz CAx Pgtz Pgz Avz U Evg Aiiz QAi Aii PjAi e iqz CAx Pgtz D Pj v zAq QAii AvAi Pgt 197gAi, Aii CPjAi Pg Cx Pgz CzAiq e iqz CAv Pgtz, Pgz Avz z PgtU Pg P, Ptg v AiiAiz w Prg PwU g CAw tAi vUzPPUvz v Cz GAXvPz Jz z PgtUrAi P dgV CPj Ag PgU V UPVz. 6. v AiiAi, Gzjz w rz z PlmV , sZg gzs CAi, 1988g Pgt 19 U zAq QAii AvAi Pgt 197 grAi P dgV CPg Ag PjU (authorities vested with the power to santion prosecution) Eg UP UV vg Pgz zs PAizU : PAizU Pjz. / P.J. dAigi Pgz C PAiz2, A v Dqv zsgu ES, ( AiU) PlP Pg AS : DE 9 E 98 PlP Pgz aAi, zszs, AUg, AP : 22798. v Ai : ES Zgu DgAzg A vq Ul ZU. 2. CPv e AS : rJDg 8 JrE 85, AP 301286. 3. Dz AS : rJDg 35 JrE 86, AP 7187. 4. CPv e AS : rJDg 14 JrE 88, AP 30888. 5. CPv e AS : DE 23 E 89, AP 19989. 6. v AS : DE 4 JrE 95, AP 21295. 7. CPv e AS : DE 6 E 95, AP 16395. 8. CPv e AS : DE 16 E 95, AP 231195. 9. v AS : DE 4 E 96, AP 28896. 10. CPv e AS : DE 14 E 96, AP 31597. Pj Pgg gz zqv, Pv P v, tz zgAiU, CAiU, sZgz Dg Avz CP DgUU AAz g ES Zgu GR : 1. CPv e AS : rJDg 13 JrE 85, AP 3785.

PgtU Q Ez, CAv PgtU vjvUwAz tUAv, PPP GTv 1 jAz 10 g Z:iUzU rz. 2. GTv P AS : (9)g, AP 28896g vAi, Pj Pgg gz U zgU U AAz CPjU xP vS q, zgU vAU Egz lP PAqAz iv, zgu n, Ev zRU ES Zgu q V PgUU:PgP PvPzAz U Pj Pg w Az P 2 Cx 3 wAU z zj zRU PgP : PgP PvPzAz ZU qVz. 3. GTv P AS (10)g AP 31597g CPv ez, P DgAzg, qzg U CAwUzg A vqUl U Q Eg PgtU UwAi g CQ U U Gj (Monitoring) UU ZU qv, P DgA, V zs AvUUV Uj 21 wAU PwAi Urz. 4. Aq ZU gZjv, aAiz Dqv ESU CT sgv UU jz CPjU, PlP Dqv U jz CPjU U PlP Pg aAiz U jz CPjU gzz PgtU A v Dqv zsgu ESU PU, F PPAq ZU PlmV Av az : (J) jz CPjU gz z zg Cx g .N.r. gU jzAv, EU AAz Dqv ESU jz gV A v Dqv zsgu ESU Pgz. CU gV jP; () LlA (J)g zAv, j, qU DgAP? Cx q? JA U AAz Dqv ES ag CzAiAU MAz wiP gP; () qU DgAPAz wiz, AAz Dqv ESU; Pgq zqvAi Dgu gu n (Articles of charges and statement of EvAi vAiij, AAz imputations of misconduct) zRUAU A v Dqv zsgu ESU PP; (r) AiwAi CAag CPjU PgtU, qU DgAPAz, Cg w Azg P U Cx gU AZ A v Dqv zsgu ESU Dqv ESU U Pw. EAv PgtU j, C P DgA, A v Dqv zsgu ESU P PP PUvz. DzzjAz, CAv PgtU P AZAi CAzg, AAz CPj Aiw Az P Dg wAU AZAi PP. / P.J. dAigi Pgz C PAiz2, A v Dqv zsgu ES, ( AiU) PlP Pg AS : DE 9 E 98. PlP Pgz aAi, zszs,

AUg, AP : 3898. v Ai : 2. ES Zgu DgAzg A vqUl ZU. CPv e AS : rJDg 8 JrE 85, AP 301286. GR : 1. CPv e AS : rJDg 13 JrE 85, AP 3785. 3. Dz AS : rJDg 35 JrE 86, AP 7187. 4. CPv e AS : rJDg 14 JrE 88, AP 30888. 5. CPv e AS : DE 23 E 89, AP 19989. 6. v AS : DE 4 JrE 95, AP 21295. 7. CPv e AS : DE 6 E 95, AP 16395. 8. CPv e AS : DE 16 E 95, AP 231195. 9. v AS : DE 4 E 96, AP 28896. 10. CPv e AS : DE 14 E 96, AP 31597. Pj Pgg gz zqv, Pv P v, tz zgAiU, CAiU, sZgz Dg Avz CP DgUU AAz g ES Zgu PgtU Q Ez, CAv PgtU vjvUwAz tUAv, PPP GTv 1 jAz 10 g Z:iUzU rz. 2. GTv P AS : (9)g, AP 28896g vAi, Pj Pgg gz U zgU U AAz CPjU xP vS q, zgU vAU Egz lP PAqAz iv, zgu n, Ev zRU ES Zgu q V PgUU:PgP PvPzAz U Pj Pg w Az P 2 Cx 3 wAU z zj zRU PgP : PgP PvPzAz ZU qVz. 3. GTv P AS (10)g AP 31597g CPv ez, P DgAzg, qzg U CAwUzg A vqUl U Q Eg PgtU UwAi g CQ U U Gj (Monitoring) UU ZU qv, P DgA, V zs AvUUV Uj 21 wAU PwAi Urz. 4. Aq ZU gZjv, aAiz Dqv ESU CT sgv UU jz CPjU, PlP Dqv U jz CPjU U PlP Pg aAiz U jz CPjU gzz PgtU A v Dqv zsgu ESU PU, F PPAq ZU PlmV Av az : (J) jz CPjU gz z zg Cx g .N.r. gU jzAv, EU AAz ESU jz gV A v Dqv zsgu ESU Pgz. CU gV jP; () LlA (J)g zAv, j, qU DgAP? Cx q? JA U AAz Dqv ES ag CzAiAU MAz wiP gP;

() qU DgAPAz wiz, AAz Dqv ESU; Pgq zqvAi Dgu gu n (Articles of charges and statement of

EvAi vAiij, AAz zRUAU A v Dqv zsgu ESU PP;

imputations of misconduct)

(r) AiwAi CAag CPjU PgtU, qU DgAPAz, Cg w Azg P U Cx gU AZ A v Dqv zsgu ESU Dqv ESU U Pw. EAv PgtU j, C P DgA, A v Dqv zsgu ESU P PP PUvz. DzzjAz, CAv PgtU P AZAi CAzg, AAz CPj Aiw Az P Dg wAU AZAi PP. / P.J. dAigi Pgz C PAiz2, A v Dqv zsgu ES, ( AiU) PlP Pg AS : C E 3 E 98. PlP Pgz aAi, zszs, AUg, AP : 5898. CPv e Ai : GR : Q PgtU vSAi tUz Avg, Zel zR Azsz Pj Pgg Jgq j Ciwq U. CPv e AS : rJDg 13 JrE 85, AP 371985.

Pj Pgg Aii Aii AzsU CivUz v J CU Ciw AzjzAz EvU U GTz AP 371985g CPv ez PAz iUaU qVz. 2. M Pj Pg gz irz Q DzU U vSAi Q El (pending investigation into criminal allegations against a Government servant) C Ciwqz MAz i rPAiiVz. vSAi tU, P AiiAiz Zel zR iq P PP PUvz. F CAi (CAzg, vSAi DgA, AiiAiz eel zR iq q CAi) Pj Pg Pgt GTz AP 3785g CPv ez iUZUAv j, Cg qAiwg (Q) vSAi Q El, Civ gzU, g P (reinstate) iq CPgvz. EAv PgtU vSAi tU, P AiiAiz Zel zRz Azsz Dv Pj Pg B CAzg, Jgq j Ciw EqP? J U jUt, P tAi P PgU vUzPw J Ai Pgz UP Az. 3. vS V Pj Pg gz AiiAiz Zem zg, lP (prima facie) C gz irg z guU ZguU AiUzz JAzx. CAx PgtU D Pg Ai AzjPAq Uz Ad v Q Pz Vz wi g vP Ciw Eqz P. EAv

PgtU AiiAiz Zgu Q El (pending trial) Dv Pj Pg Jgq j Ciwq Aii CqZuAi Eg. 4. jz Ai, M Pj Pg gz irz Q DzU U vSAi Q El, C gP irz Pgtz (in a case where a Government servant has been reinstated pending investigation into criminal allegation against him) vSAi tU, C gz P AiiAiz Zel zRz Azsz, CAv Dv Pj Pg B CiwqP? J U P Pg j, P tAi vUzPvPz. 5. Pj Pg Ciwq CPg Ag J PjU F ZU PlmV PAz az. / .P. smZAi Pgz R PAiz

PlP Pg AS : 98 JJJA 98. PlP Pgz aAi, zszs, AUg, AP : 8399. CPv nt Ai : PlP U (VPgt, AiAvt v ) AiU 1957grAi iq ES ZguU v AiigUU U.

GR : 1. Pgz Dz AS : DE 3 E 96, : 24.4.98. 2. AS : : 18798, 111198 v 231198. Aq Ai v GRUAi PlP GZAiiAi U f Pj QgUAz qzPVg v AiigU g v U P PPV EzgAU Uw PPqVz. GR (1)gAi ZguPjUV AAzsl v AiigU wAi gV DAiiAi ESAig qz ZguPjUV PAv iqVz. U PAqAvg P ESU iwAi qAv PgVz. / Vvg Pgz C PAiz, P ES (Dqv1)
LIST SHOWING THE NAMES AND ADDRESS OF THE RETIRED JUDICIAL OFFICERS SI. Name of the Judicial Address : No. Officer. 1 2 3

(DISTRICT AND SESSION JUDGES) SRIYUTHS : 1. R.C. IJARI. No. 32, IIIrd Cross, R.M. Vilas Extension, IInd Stage, Judicial Officers Layout, Bangalore-560 094. No. 2211, H.A.L. I.T.I. Stage, 80' Road, Kodihalli Cross, Bangalore - 8. No. 102, A.V. Cross, Kalidasa Layout, Srinagar, Bangalore. 4th Cross, Sathyanarayanapet, Bellary. No. 47, Murdhigali, Bijapur. No. 1172/1, Rajamma line, Vishnuvardana Road, Chamarajapur, Mysore-4. 3 No. 1075/D, 10th Main, H.A.L., 2nd Stage, Bangalore-8. Ph:5262578. No. 565/1, 7th B Main Road, HAL, 2nd Stage, Bangalore-8. Ph:5285670. No. 64, 11th Cross, Ist Stage, Indiranagar, Bangalore-38. Ph:5250700 No. 1664, 19th Main, H.A.L. IIIrd Stage, Bangalore-75. Ph : 5282008. No. 3-A, RMV, IInd Stage, Bangalore - 94. Ph : 3410475. No. 499, 54th Cross, 12th Main, III Block, Rajajinagar, Bangalore - 10. Ph : 3304778. Ibroze Apartments, Kodial bail, Mangalore-3. No. 453, 12th Main, 2nd Stage, Indira Nagar, Bangalore - 38. Ph : 5257033. No. 2, Channakeshava Nilaya, 13th Main, 2nd MMC Layout, Vijayanagar, Bangalore-40. Ph : 3352300.

2. N.S. SANGOLLI.

3. R.L. AGNITHOTRI.

4. R. GANESH RAO. 5. S.M. BAGALI. 6. B. SREENIVASARAO.

1 2 7. S.M. BYADGI.

8. S. ANANTHA MURTHY.

9. K. GOPAL HEGDE

10. S.V. TILGUL.

11. K.R. VAIDYA.

12. KUMARA GOWDA.

13. UMESH SHETTY .H. 14. H.C. LAKSHMINARASIMIAH

15. K. ISHWAR BHAT.

16. T. ABDUL MUZEER.

17. S.B. TAMBAD.

18. K.M. MURARI MOUNT.

19. SAWAKAR. Y.R.

1 2 20. CHANNAVEERAPPA. 21. P.C. DAYAPARA MURTHY, B.A. BL.

22. H.R. NARAYANA RAO, B.Sc., BL. 23. M. NATARAJA MURTHY, BA (Honours) BL.

24. SHANKAR RAO, MURGAD 25. V. PADMANABHA KEDILAYA.

26. U.S. ARATTI

27. D.R. HAMMAGI.

28. VITALACHARY.

29. S.A. PATIL.

No. 32, 2nd Cross, Lazar Layout, Frezer town, Bangalore-5. Ph : 5468761. Retd. Dist. Judge, Near Old Income Tax Office, Vidyanagar, Hubli-21. No. 394, Chandrashekaran Road, BEML Layout, IIIrd stage, Rajeswari Nagar, Bangalore-39. Ph : 2212073. Retd. Dist. Judge, No. 409, Ist 'N' Block, 19th 'G' Main, Rajajinagar, Bangalore-10. Ph : 3327597. 3 Retd. Dist. Judge, Vidhya Nagar, Davanagere. Shanthi Nivasa, No. 20, Ist Cross, Nehru Nagar, Bangalore-20. Ph : Off : 3342734 Res : 32805 No. 13, Vth Cross, Swimming Pool Extension, Malleswaram, Bangalore-3. No. 242, 67th Cross, 5th Block, Rajajinagr, Bangalore-10. Ph : 3350935. Humanabad, Bidar Dist. Rtd. Judge, No. 45, 4th Cross, Judicial Officers Layout, Sanjayanagara, Bangalore - 94. Retd. Dist. Judge, "Shanthi Dhama", Main Road, Gandhi Nagar, Dharwad. Ph : 743017. Retd. Dist. Judge, No. 183, Shivanada Nagar, Navanagar, Hubli. Retd. Dist. Judge, "Suprabhatha" Laxminagara, Dharwad. Ph : 347902 Retd. Dist. Judge, "Ashirwad" Rajatgiri, Dharwad.

30. M.V. SHEELANANTH.

31. R.P. CHATNI.

32. K.R.K. BHAT.

33. B.C.L. NAGARATH 34. ADDOOR VENKATA RAO. 1 2 35. R.C. CARTELINO

36. RAJU 37. B. RAJEEVAHEGDE. 38. K. RAMACHANDRAIAH.

39. R.S. MAHENDRA.

40. N. UMAPATHY

41. C.M. BASAVARYA.

42. L.P. PATIL,

43. V.K. KULKARNI. 44. V.H. UPADHYAYA

45. H.N. DESHPANDE 46. B. SHANKAR REDDY

47. S.N. KENCHENNA

Ph : 42774. Retd. Dist. Judge, Municipal Quarters, IIIrd Cross, Hosur, Hubli. Retd. Dist. Judge, Near New Mysore Stores, Hubli. Retd. Dist. Judge, Attached to the Consumers court` & who is retiring on 18.3.99. Mangalore. Retd. Dist. Judge, Kadri Pumpwell, Mangalore. Former Law Secretary & Retd. Dist. Judge, Mysore. 3 Retd. Dist. Judge, Near Indira Nagar, Bangalore. Retd. Dist. Judge, Mandya. No. 247, Ist Phase, Indira Nagar, Bangalore-38. Rtd. High Court Judge, Kurunkoti, Koratagere Taluk, Tumkur Dist. Rtd. High Court Judge, 'E' Block, Jayanagar, Bangalore. No. 300-12 A, Main Road, HAL 2nd Stage, Indiranagar, Bangalore-38. No. 17, 'Raghunandan' 8th Cross, N.R. Colony, Bangalore-4. No. 530, 4th Cross, HMT Layout, Vishweshwariah Nagar, Gangenahally, Bangalore. No. 981, 4th Block, Rajajinagar, Bangalore-10. No. 860, 14th Cross, Mahalakshmi Layout, Bangalore - 86. R.P. Patil Compound, MAL ADI, Dharwad. No. 60, 10th Main Road, 1st Block, Jayanagar, Bangalore. No. 34, Noris Road, Richmond Town, Bangalore-25.

48. N.S. VENUGOPAL

49. M.A. SHAMAYENGER

50. V.B. HADLI

51. P. GOPALAKRISHNA

52. S.M. BYADGI 1 2 53. G.B. SOLLAPATTI 54. MOHD. ZAHIRUDDIN

55. P.B. CHOUGULE. 56. R. GOVINDARAJU 57. K.T. VENKATARAMANAPPA 58. S.B. SREENIVASAN

59. N.T. JANAKIRAM.

60. SATAVALLI .R. VENKATESH MURTHY. 61. S.R. VENKATARAMAN

62. VENKATESH PATIL

63. T.S. LAKSHMINARAYANARAO

64. R. VENKATESHMURTHY

65. V.V. DESHPANDE 66. MOHD. ASIB.

No. 642, IC Main Road, 8th Block, Jayanagar, Bangalore. No. 177, 3rd Cross, Judges Colony 2nd Block, Basaveshwar Nagar, Bangalore. Hadli Buildings, Near Civil Judge Court, Station Road, Bijapur. No. 2218, Kodehalli Cross, 80' Road, HAL 2nd Stage, Bangalore. Legal Advisor, Bangalore University, Bangalore. 3 Shahunagar, Bijapur. H.T. No. 106, Kaladi, Compound Station Bazaar, Gulbarga. No. 20, 3rd Main Road, Vasanthanagar, Bangalore. No. 145, Seppings Road, Civil Station, Bangalore. No. 2, Ist Cross, 2nd Stage, Indiranagar, Bangalore. No. 1559, Shri Krupa, V Cross Road, 2nd Block, Banashankari Ist Stage, Bangalore - 50. No. 316, VIth Main Road, Venkatarangapuram, Palace Gutthalli, Bangalore-3. No. 853, HAL 3rd Stage, I Main, I Block, Bangalore. No. 15, Mythir, 2nd Cross, 4th 'C' Block 12th Main, Koramangala, Bangalore. No. 7, Judl. Officers Layout, Rajamahal Vilas, 2nd Stage, Bangalore - 94. No. 384, I Cross, Judges Colony, Matadahalli Further Extn. R.T. Nagar, Bangalore - 3. No. 853, 3rd Stage, Ist Main, I Block, Bangalore. No. 40 Chidambar Nagar, Bijapur. No. 11, Osborne Road,

67. G.C. SANJEEVAIAH 68. K.R. KODAGNUR 69. K. KRISHNAIAH

Ist Cross, S.G. Garden, Bangalore - 42. Christian Colony, Gubbi-Post, Tumkur Dist. Sahunagar, CCB No. 106, Belgaum. Pushpa, 709, Kuvempunagar, Mysore. Sd/GEETHA RAMESH Under Secretary to Govt., Law Depat. Admn.-1.

PlP Pg AS : DE 11 E 98 PlP Pgz aAi, zszs, AUg, AP:16399. v Ai : ES ZguAi jz CPv QU Zgu Pgz Az dgU U ZU.

GR : 1. AP 14121957g CPv e A.fJr (MJA)8JDg.57. 2. AP 231966g v AS : fJr 18 JJDg 66. 3. AP 16974g v AS : fJr 57 74. 4. AP 3111981g v AS : DE 466 JJJ 81. (1) jAz (4)g GTz CPv e : vU, Pj Pgg rg Zgu : vSU iw, zR U CPv QU EvU dgr U ZU qVz. 2. Pj Pgg rg ES ZguU, Pj Aig U CPv Q JAz jljU, Zgu PgU, g PgtU, P q n Pzg, CAv Pj Pgg ZguU dgVg J Ai Pgz UP Az. EzjAz, ES ZguAi CAwU AUvz. Ezz, EAv PgtU Zgu PjU, DgU vVAz gU zsvAi Egvz. 3. Pg, ..J AiU gag U ES ZguU q Gz, M CPgAi gz iqz Dg gdvVzAi? Cx E? JA U A PAqPz DzjAz, Dg CPjAi vVAv QjAi Cx E Jz jUtz, ZguPjAi Az dgV P qz wAi Pj Pg PvVz JAz GR (2)g AP 231966g vAi FUU aVz. 4. jz Ai, Pg, GTz vU sUB ir, F PPAqAv az :

(1) Pj Pgg, ES ZguU CPv Q q jnz, ZguPjAi CAvg ZguU dgU n rzg, CAv Pj Pgg ZguU dgV P qvPz; (2) CjU ZguU dgU Jgqg j n rzg, dgUzg, Zgu Pg AAz Pj Pg PjU v gz CAv Pj Pg ZguU dgU aAv wvPz; (3) D Avg AAz Pj Pgg P q dgUzg, CAvg gz PlP (qv) AiU, 1966g Ai 3g GAWUV P Pg P vUzPvPz. 4. Pgz J zs PAizU : PAizU : ES Rg F ZU PlmV U EU J PgU U Zgu PjU UP vg az. / P.J. dAigi Pgz C PAiz2, A v Cqv zsgu ES, ( AiU) PlP Pg AS : DE 4 E 99 PlP Pgz aAi, zszs, AUg, AP : 9699. v Ai : PlP (VPgt, AiAvt v ) AiU, 1957g Ai 11(4) U Ai 12(1)(J)gAi qz nU Gvj zRU q CP P U.

PlP (VPgt, AiAvt v ) AiU, 1957g Ai 11(4) U 12(1)(J)gAv qU nU Gvj Avz Pj PgU zRU MzV CPv EzAi JAzg U Pgt PgVz, P PgU F Avz zRU q U CUv z, CU nt irP CP qwgzV wz Az. 2. Z AiiAi Gvg z Pg vW v Evgg (1998.6 J 651) Pgtz PPAqAv tAi rz.
" If the appellant did not intend to give the copies of the documents to the respondent, it should have been indicated to the respondent in writing that he may inspect those documents. Merely saying that the respondent could have inspected the documents at any time is not enough. He has to be in formed that the documents of which the copies were asked for by him may be inspected. The access to record must be assured to him."

3. Aq w Ai Dg PgU v ``gzz DgU'' U rg n g zRU wU D nU Gvg q Dv PgU MzVz. U MzV zsz Azsz Dv PgU, Dv zj zRU q Aiz, P q CP rgzV TvV wP qvPz. 4. F ZU J P PjU UP vg PgVz.

/ P.J. dAigi, Pgz C PAiz2, A v Dqv zsgu ES, ( AiU)

GOVERNMENT OF KARNATAKA No. DPAR 12 SDE 99 Karnataka Government Secretariat, Vidhana Soudha, Bangalore, dated : 23.7.1999. OFFICIAL MEMORANDUM In the course of reviewing cases of suspension of various departments, there is a common feature. Officials/officers are suspended and thereafter early action is not taken to start the disciplinary proceedings or recover funds embezelled by the official despite the prima-facie case against them. Attention of Principal Secretaries/Secretaries and Heads of Departments is drawn to the Circular No. DPAR 14 SEEV 96, dated 31.5.97 in which D.P.A.R. has detailed the procedure to be followed for suspension and consequent action of finalising enquiries and imposing punishments. It is necessary to ensure that the procedure and time-frame indicated in this circular are scrupulously followed. In the Official Memorandum No. LAW 98 LAM 98, dated 8.3.99, a panel of 69 judges has been prepared by the Law Department for enabling departments to appoint them as enquiry officers. This is to ensure that enquiries are conducted with due speed and remedial action taken. Regular progress report on enquiries/disciplinary proceedings following suspension case may be sent to me every three months. Sd/Achala Moulik Additional Chief Secretary

AS: DE 17 E 99

PlP Pg PlP Pgz aAi zszs, AUg, AP: 1.12.1999 v Ai : GR: CPvV UgdgVg Pj Pgg PgtU j Pjv ZU 1) v AS: DE 30 JJDg 79, AP: 17.4.1979. 2) CPv e AS: DE 4 E 89, AP: 31.1.89. 3) CPv e AS: rJDg 3 JrE 94, AP: 26.2.94. CPvV Ugdgz Pj Pgg gz A iqz qU DgAPAz U D jw A irz Pj Pgg gz P DgAPAz, (1) g GTz, AP; 17.4.1979g vAi ZU qVz.

2. Cx Az U CPv

CPv Ug dgVg Pj Pg gz qU q z rz Avg, Dzg Cz VAizgU, CAv Pg PP dgU Azg, CAv Ug djAi CAi J DVg, C PP vUzP U Cz, CU Ciwq U GR (2) g AP: 31.1.1989 g ez ZU qVz.

3. GR (3) g AP: 26.2.94g CPv ez, CPv UgdgU Pj Pgg gz vUzPPz Pz U U Pz EAv P vUzPg CPjU gz P dgV U v ZU qVz. 4. PlP Dqv AiAqAi, z. P. gz gd v Evgg, F Pgtz (1996) P.J.J.e. 1016, Cf AS: 3351:94 g, AP: 11.9.96 gAz rz Dzz Gzv sU F PU z.
" With ut-most respect, we dissent from the approach adopted in the said decision of this Tribunal. No relief is to be granted to an Applicant automatically irrespective of the Applicant's conduct and the delay involved. Belatedness and laches are the factors to be considered, apart from other aspects of an Applicant's conduct in relation to the subject matter of the litigation. We are of the view that the relationship between the Government employee and the State involves mutual rights and obligations. The rights cannot vest in the Government employee without a corresponding obligation to attend to the duties. The service under the State Government is not an open house for anybody to walk in and get out as he pleases."

5. jz Ai GTv v: CPv eU rz ZU B Mw v, CPvV Ugdgz Pj Pgg gz A iqz, CAzg, Cg Ug dgz vPt P DgAPAz F P v aVz. 6. Pgz J zs PAizU:PAizU:ES Rg F ZU vB U Cgg Ai g J PjU UP vg az. C Rg Pgz PAiz, A v Dqv zsgu ES, ( AiU), Ai : A v Dqv zsgu aAi ES ZguU AqPjAiiV U ES CPjUU qUwg Ugzs a U. AP: 3.4.74g Pj Dz AS: fJr 4 JJDg 74.

NzVz : : ES ZguU M Pj Pg iqz DgU y V, Pg, v gV Pgt dgrzP, M Pj Pgg Cx Qg AqPjAiiV (Presenting Officer), PlP (VPgt, AiAvt v ) AiU, 1957g Ai 11(5)() gAi z. F jw AqPjAiiV q Pj Pgg v vz PZj PvUAU F P PVz, F jw a Pv z AqPjUU, Nzz Pj Dzz F PU GzjzAv AsAi q Dz Egvz:" Government are pleased to order that remuneration at the rate of 10% of the minimum of the scale of pay of the Government servant nominated as presenting officer be sanctioned to him per day of hearing subject to a minimum of Rs. 10/- and maximum of Rs. 25/- per day."

2. zj AsAi a Ai Pg j, F PPAqAv Dzz. Pj Dz AS: DE 15 E 99, AUg, AP: 14 iZ 2000 3. Nzz, AP: 3.4.1974g Pj Dz gzU, Pj Pgg qU ES ZguU Pgz gV Pgt dgrzP AqPjAiiV PU Pj PgjU qzz AsAi ZguAi MAzP Cg vz Pq 10 ggU, Dzg, P g. 50-00 (Lv) U Uj g. 100-00 (MAz g) UU F Dz grz APAz ejU gAv UrVz. 4. F Dz PlP PAiPz CPj U AU CAiU. 5. Pgz J zs PAizU:PAizU U ES Rg, F Pj Dz v CPq zs Pg:Pw PgU UP vg Pjz. 6. F Dz, DyP ESAi, AP: 16.2.2000g, Czg nt AS: DE:2674:5:99 g rg wAi Pg grVz. PlP gdg Deg v Cg j, P.J. dAigi Pgz C PAiz-2, A v Dqv zsgu ES, ( AiU), PlP Pg AS: DE 8 E 2000-I PlP Pgz aAi zszs, AUg, AP: 29.8.2000 v Ai : GR: Q AiiAiz ZguU Ml CgzsPV zAqU UjAiiz Pj Pgg gz P dgV U iUa. AP: 26.6.1996g v AS: DE 9 E 95.

Q AiiAiz zAqUUz Pj Pg, D AiiAi vU z zAqAi gz P AiiAiz zAqzP vqAiie qzPAqUU, Cx AiQP e qUq Dz qzPAqUU, PlP UjP (VPgt, AiAvt v ) AiU, 1957g Ai 14(i) gAi P dgV U, GTz AP: 26.6.96g v AS: DE 9 E 95 g ZU qVz. Q AiiAiz zAqU MUz Pj Pg D AiiAi vU z zAq gz P AiiAiz PV AiiAiz zAq Dzz gz vqAiie qzPAqUU Cx EvxzgU e qUqAiizUU Cx Cgzs tAi vq rz PgtUU (in the case of suspension of conviction) zj Pj Pg gz z AiiVgz AAiq Gz. DzzjAz, CAv Pj Pg Civ gzr v U vUzP CPv E. CAv Pgtz AP: 26.6.1996 g v A. DE 9 E 95 g rz ZUAv P PUvPz. P. J. dAigi

Pgz C PAiz-2, A v Dqv zsgu ES, ( AiU), PlP Pg AS: DE 8 E 2000-II PlP Pgz aAi zszs, AUg, AP: 29.8.2000

v Ai : Pj Pgg gz AiiAi z zAqAi AiiAi AsAil Azsz Cg Civ Azg U. GR: 1. CPv e PiAP: rJDg 13 JrE 85, AP; 3.7.1985. 2. CPv e PiAP: rJDg 16 E 89, AP: 26.6.1989. 3. v PiAP: DE 16 E 96, AP; 21.4.1997. 4. CPv e PiAP: DE 2 E 97, AP: 8.7.1997. 5. CPv e PiAP: DE 3 E 98, AP: 5.8.1998. Evg AiU evU, Q DgUUV AiiAiU Zgu Jzjwg Pj Pgg CivU Pjv, (1) g GTz, AP: 3.7.1985g CPv ez ZU qVz. AZ CAi Cx Ez AiP AAzAv vSU MUVg Pj Pgg Ciwq U g P iq U (2) v (3) g GTz AP; 26.6.1989 g CPv e v AP: 21.4.1997 g vAi ZU qVz. zj CAizr vS Cx Zgu Jzjwg Pj Pgg Ciw EqgzAz P Pg sz CjPz Pz Pjv, (4) g GTz AP: 8.7.1997g CPv ez ZU qVz. Q DzU U vSAi Q El Pj Pgg g P irz PgtU, vSAi tU C gz P AiiAiz Zem zRz Azsz Dv B Ciwq U (5) g GTz AP: 5.8.1998g CPv ez ZU qVz. 2. AiiAiz zAqUUz Pj Pg, vU z zAqAi gz P AiiAiz , PV AiiAiz zAq DzP vqAiie qzPAqUU Cx EvxzgU e qUq qzPAqUU Cx Cgzs tAi vqAi PgtUU (in the cases of suspension of conviction) C Civ gzr v Dv U vUzPz JA U PgP g ESU Pgt PgwgzjAz, F PPAq Pgt qVz :Q AiiAiz zAqU MUz Pg P AiiAiz z Ai Cgzs tAi vqrz Dz DzAv PgtU (In the cases of suspension of conviction) CAv Pj Pg gz zj vAiAi P vUzPP Pjv Czg zjAz CAx PgtU zj Pj Pg gz P vUzP zs J Pjv AAi Pnz. F Pjv q V zj vAi F PVAv wzr iqVz. zj vAi PArP 3g ``Cx Dv EvxzgU e qUq qz JA PgtPV'' JA zU Avg ``Cx Cgzs tAi vqrz PgtU (in the cases of suspension of conviction)'' JA zU jvPz. P. J. dAigi Pgz C PAiz-2,

A v Dqv zsgu ES, ( AiU), PlP Pg AS: DE 13 E 2000 PlP Pgz aAi zszs, AUg, AP: 9.10.2000 CPv e Ai : GR: Pj Pgg AizU qU gA, Cg vgz Avg zAq PgtU vqAi U. 1. AP: 31.5.1997g CPv e AS: DE 14 E 96. 2. PAiz, PlP P DAiUgg AP: 4.8.2000g v AS: J 201 JJ 99. qU DgAzg, qzg U CAwUzg A vqUl, Q Eg PgtU UwAi g CQ U CU Gj U (1) g GTz AP; 31.5.1997g CPv ez ZU qVz. 2. PlP (VPgt, AiAvt v ) AiU, 1957g CrAi M Pj Pg qz Pgt MAzg zAqAi Pjv PlP P DAiUzAU AAz ES iazU, DAiU, (2) g GTz AP; 4.8.2000g v vz F PU GzjzAv CAi Prz:``Pgz P v vlUjP ESAi AP: 19.2.2000z v AS: PvE 53 P 89 g PgtAzg Dgvg gzz 1987-88 DgU U Dv Pgg AP: 31.1.94 gAz wAiiUgU vqz Avg 1996 ES Zgu gA, PlP UjP AiU, 1958g Ai 214 gAi zAq U DAiUz wAi Pjz. EwZU F jwAi g PgtU DAiUz CAiPV PvVz EAv PgtU zAq GAiPvAi U w aAv CUvz JAz DAiU sz. F Ai, PgtU Dvg gz wvgz DgUz, CgU Pj Az vgUgU zAq z gvAPV l Avg zAq jo E Azzg vqAiz AdAz DAiU CAinz. F U Pgz J ES PAiz : RjU P zU grPAz Aw zvVz.'' 3. Pgz zs PAizU : PAizU, PlP P DAiUz CAi U U Czg GTzAv PgtU GzzAv rP az. P. J. dAigi Pgz C PAiz-2, A v Dqv zsgu ES, ( AiU),

PlP Pg AS: DE 18 E 2000 PlP Pgz aAi zszs, AUg, AP: 4.11.2000 v Ai : GR: PlP (VPgt, AiAvt v C) AiU, 1957g Ai 11(2)g Pg ES ZguAi PAiP AU U. 1) AP: 24.4.1998g Dz AS: DE 3 E 96. 2) AP: 8.3.99 JJJA 98. U 2.8.99g CPv ntU AS: 98

3) AP: 25.8.2000 g CPv nt AS: 15 JJJA 2000. 4) AP; 20.9.2000 g CPv nt AS: DE 3 E 96. 1. PlP (VPgt, AiAvt v ) AiU, 1957g Ai 11g G Ai (2)g AAz sU PU Gzjz:" (2) Whenever the Disciplinary Authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehaviour against a Government servant, it may itself inquire into, or appoint under this rule an authority to inquire into the truth thereof. Provided that the appointment of the Lokayukta or an Upalokayukta shall not be made by any authority other than Government and the appointment of an officer on the staff of the Lokayukta, shall not be made without the prior concurrence of the Lokayukta."

2. zj Aiz Pg, Pj Pgg , P PgU, ES ZguU PAiPg, G PAiPg U PAiP AAi CPjU Zgu PgUV Dz Ez. 3. (1) g GTz, AP: 24.4.98g Dzz, PlP U (VPgt, AiAvt v ) AiU, 1957g CrAi iq ES ZguU v AiigU Zgu PgUV Dz PVz. 4. (2) g GTz, AP: 8.3.99 U 2.8.99 g CPv ntU P, P ESAi, ES ZguU Zgu PgUV:AqPjUV zz v AiigU nAi rz. 5. (3) g GTz AP; 25.8.2000 g CPv ntAi, CAv v Aiig jv nAi P ES rz. 6. (4) g GTz CPv ntAi P PArP 5 g GTz v Aiig nAi A v Dqv zsgu ES, Pgz J zs PAiz:PAizU UP vAz. 7. PAiP AAi Pz Mvq Pr iq U CzjAz AAi Q Eg zs PgtU vjvV iq CU Gz, PArP (1) g Gzjz Aizr PAiP AAi CPjU Zgu PgUV Dz gr z, Cg z, GTz v Aiig Zgu PgUV z? J U j Pz v Aiig

Zgu PgUV rPAi aPAz Pgz zs PAiz: PAizU az. 8. Pgz zs PAizU: PAizU, PArP (7) g rz ZU PlmV PAz U Cz Cg Ai g J PgU UP vgPAz az. P.J. dAigi Pgz C PAiz-2, A v Dqv zsgu ES, ( AiU), PlP Pg AS: DE 26 E 2000 PlP Pgz aAi zszs, AUg, AP: 2.1.2001 v Ai : PlP U (VPgt, AiAvt v ) AiU, 1957g Pg P PgU, CgjU zvz CPgU Z U.

PlP U (VPgt, AiAvt v ) AiU, 1957g Ai 2(J) g Pw Pg ("Appointing Authority") Jz F PU GzjzAv SVz:"2. Interpretation.In these rules, unless the context otherwise requires(a) 'Appointing Authority' in relation to a Government servant means:(i) The authority empowered to make appointments to the Service of which the Government Servant is for the time being a member or to the grade of the Service in which the Government Servant is for the time being included, or (ii) The authority empowered to make appointments to the post which the Government servant for the time being holds, or (iii) The authority which appointed the Government servant to such service, grade or post, as the case may be, whichever authority is the highest authority."

2. zj AiU Ai 9g G Ai (3) F PU Gzjz:"9(3) Notwithstanding anything contained in this rule, no penalty specified in clauses (v) to (viii) of rule 8 shall be imposed by any authority lower than the Appointing Authority."

3. zj AiU Ai 10g G Ai (1) F PU Gzjz:"10(1) The Appointing Authority or any authority to which it is sub-ordinate or any other authority empowered by the Government in this behalf may place a Government servant under suspension(a) (b) where a disciplinary proceeding against him is contemplated or is pending; or where a case against him in respect of any criminal offence is under investigation or trial;

Provided that, where the order of suspension is made by an authority empowered by Government in this behalf which is lower than the appointing authority, such authority shall forthwith report to the appointing authority the circumstances in which the order was made."

4. F jw Pw PgQAv, Gv Pg (The Authority higher than the Appointing Authority) zAqAi : Ciwq CPg Agvz. 5. EwZU MAz Pgtz M Pj Pg CPvV UgdgzjAz, ES Rg Cg P DgA, ES Zgu E Q EzU, PlP Pgz aAiz lz (CAzg, Pgz lz) D Pgt j, D Pgg Ugdgz t CAi Cg Qg ge JAz jUtAv U CjU Pw qAv DzVz. 6. Cz jw, AAz ES Rg, zqvAi Dgz , AAz Pj Pgg Ciwnz, Avg, Cg, D Pg gz Dgu n vAiij A PPV PgP Pz Avg, Pg, C Ciw Dz gzr, C gz q Gzz qU qgzAz wi, C Cz z Cz zU B P irz. 7. zj AiUr zAq U Ciwq CPg PgP (CAzg, PlP Pgz aAiz lz) Ezg , D AiUr D CPg Az, Pv ESU P PgU D CPg Z Cg vP, CAzg, Cz Cgg ZU qP U Aiv PzAv (as a routine) CAv Pgt Pgz lz (CAzg, PlP Pg aAiz lz) jz Dz vqUlPAz, Pgz J zs PAiz: PAizUU F P az. P.J. dAigi Pgz C PAiz-2, A v Dqv zsgu ES, ( AiU), A v Dqv zsgu aAi v AS : DE 14 E 99 AUg, AP : 15 dj 2001. Ai: GR: Pj Pg gz Q PzAi R irz PgtU Cg gz ES Zgu iq U iUa. v AS : DE 9 E 95, AP 26696.

1) Q PzAi zAqU UjAiiz Pj Pgg gz P dgV U GTz AP 26696g vAi ZU qVz. 2) Q Pgtz zAiAz zsj, eAi z Dzsgz iv, M Pj Pg Az e irz, Gv AiiAi C z PV irz, C Az e irz Dzsg GAi U F PgtPV C U B vUzPPUvz. 3. F Ai PgU Q AiiAi q w PAiz, Js.L.Dg Dzsgz Ai zgu nAi vAiij qU PUzVz. qU q CUvz zg, x iw g, QU PU U Ez zRUz CU AAzsl CPjUAz qz qU dgVPAz F P ZU qVz.

4. Av P vUzP CPUAv, AAzsl ouAi Aiiz Pj Pg gz Q Pz qmU, E Q zg zRPAq Azsz, zj w, Js.L.Dg, QU P, QU n, Zem EvU zrPv wU P PgP P Pq Pgz zs PAizU, U v jU ESgg, qgPg dg U EPg dg Ds , AUg gjU F U ZU q Pjz. PlP gdg Deg v Cg j, vg smZAi Pgz R PAiz .D..E.

. Dg. 138

A v Dqv zsgu aAi CPv e AS: DE:1:E:2001, AUg, AP: 7 sj 2001

Ai: Zu PAiPV Aifl Pj Pgg sgv Zu DAiU Ag CPg Ai U. NzVz: sgv Pgz A, dP zg v AZt (A v vgw ES) dAn PAiz (E) gg AP: 8112000z v AS: 11012:7:98FJnn (J). : sgv Zu DAiU q zs ZuU Pj Pgg Zu QAiUV AifUvz. F jw Aifl Pj Pgg Zu DAiUz CPg Aigvg. 2. U Zu PvPV Aifl Pj Pgg sgv Zu DAiU Ag CPg Ai U sgv Pgz A, dP zg, AZt (A v vgw ES) AvAi grg GRz g v EzgAU Uwz. Cz AiAzVz. 3. sgv Pgz zj ZU AAzsl Jg UP vg Pgz J zs PAiz: Pgz PAiz:ES RjU F P aVz. PlP gdg Deg v Cg j, .Dg.223 P.J. dAigi Pgz C PAiz2, A v Dqv zsgu ES. ( AiU) No. 11012/98-Estt. (A) Government of India Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) New Delhi, dated the 7th November 2000 OFFICE MEMORANDUM

Subject: Disciplinary jurisdiction of Election Commission of India over Government servants deputed for election duties. The undersigned is directed to say that one of the issues in Writ Petition (C) No.606/1993 in the matter of Election Commission of India Vs. Union of India & Other was regarding jurisdiction of Election Commission of India over the Government servants deputed for election duties under section 28A of the Representation of the People Act, 1951 and section 13CC of the Representation of the People Act, 1950. The Supreme Court by its order dated 21.9.2000 disposed of the said petition in terms of the settlement between the Union of India and Election Commission of India. The said Terms of Settlement are as under:"The disciplinary functions of the Election Commission over officers, staff and police deputed to perform election duties shall extend toa) Suspending any officer/official/police personnel for insubordination or dereliction of duty; b) Substituting any officer/official/police personnel by another such person, and returning the substituted individual to the cadre to which he belongs, with appropriate report on his conduct; c) making recommendation to the competent authority, for taking disciplinary action, for any act of insubordination or dereliction of duty, while on election duty. Such recommendation shall be promptly acted upon by the disciplinary authority, and action taken will be communicated to the Election Commission; within a period of 6 months from the date of the Election Commission's recommendation. d) the Governement of India will advise the State Governments that they too should follow the above principles and decisions, since a large number of election officials are under their administrative control." 2. The implication of the disposal of the Writ Petition by the Supreme Court in terms of the above settlement is that the Election Commission can suspend any officer/official/police personnel working under the Central Government or Public Sector Undertaking or an autonomous body fully or substantially financed by the Government for insubordination or dereliction of duty and the Election Commission can also direct substituting any officer/official/police personnel by another person besides making recommendations to the Competent Authority for taking disciplinary action for insubordination or dereliction of duty while engaged in the preparation of electoral rolls or election duty. It is also clarified that it is not necessary to amend the service rules for exercise of powers of suspension by the Election Commission in this case since these powers are derived from the provisions of section 13CC of the Representation of the People Act, 1950 and section 28A of The Representation of the People Act, 1951 since provisions of these Acts would have overriding effect over the disciplinary rules. However, in case there are any conflicting provisions in an Act governing the disciplinary action, the same are required to be amended suitably in accordance with the Terms of Settlement. 3. All Ministries/Departments are requested to bring the above Terms of Settlement to the notice of all concerned for information and compliance. Smt. S. Bandopadhyay Director

No. 11012/7/98-Estt. (A) Government of India Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) New Delhi, dated the 8th November 2000 To The Chief Secretaries of all the State Government/UT Administrations Subject: Disciplinary jurisdiction of Election Commission of India over Government servants deputed for election duties. Sir, I am directed to say that one of the issues in Writ Petition (C) No.606/1993 in the matter of Election Commission of India Vs. Union of India & Others was regarding jurisdiction of Election Commission of India over the Government sevants deputed for election duties under section 28A of the representation of the People Act, 1951 and section 13CC of the representation of the People Act, 1950. The Supreme Court by its order dated 21.9.2000 disposed of the said petition in terms of the Terms of the Settlement agreed between the Union of India and Election Commission of India. The said Terms of Settlement are as under:"The disciplinary functions of the Election Commission over officers, staff and police deputed to perform election duties shall extend toa) b) Suspending any officer/official/police personnel for insubordination or dereliction of duty; Substituting any officer/official/police personnel by another such person, and returning the substituted individual to the cadre to which he belongs, with appropriate report on his conduct; making recommendation to the competent authority, for taking disciplinary action, for any act of insubordination or dereliction of duty, while on election duty. Such recommendation shall be promptly acted upon by the disciplinary authority, and action taken will be communicated to the Election Commission; within a period of 6 months from the date of the Election Commission's recommendation. The Government of India will advise the State Governments that they too should follow the above principles and decisions, since a large number of election officials are under their administrative control."

c)

d)

2. Government of India has issued instruction to bring the above terms of settlement to the notice of all concerned for information and compliance vide OM NO.11012/7/98-Estt. (A) dated 7th November, 2000 (Copy enclosed). It is requested that the State Government may follow the Terms of Settlement above mentioned in the case of officials deputed for election duties by the State Government. Your faithfully, HARINDER SINGH Joint Secretary (E)

PlP Pg AS: DE 3 E 2000 CPv e Ai : GR: Pj Pgg AiiAiz P P dgV Adgw q U. CPv e AS: DE 2 E 98, AP: 16.7.98. PlP Pgz aAi zszs, AUg, AP: 24.3.2001

sZg gzs CAi, 1988g Pgt 19 v zAq QAii AvAi Pgt 197 grAi P dgV CPg Ag PgU, Pj Pgg gz Pz qzP Cw q v Az Arz zRU jz Avg Pg gz Pz q lP P DzsgUAi JAz j, CAv Cw q U wiPAz, GTz CPv ez wVz. 2. wz ZUAv Pj Pg gz AiiAiz Pz q P Pgz Cw Pg Azsz vSU AAz zRU, zdU wU P PgP PwAz Pgz UP Az. 3. DzzjAz, sU, PAiP U Nr, EvU Pj Pgg gz AiiAiz Pz q P Pgz Cz Pg Azsz vSU AAz zRU, zdU wU P PgP PPAz v aVz. 4. Pgz zs PAiz, Mqv v jU ES, Eg zj ZU Cg Dqv Ai g AAz ES: AUU UV w Pjz. 5. Pgz zs PAiz : PAizU, AAz PgtU zAv zRU qz, PArP-1 g zAv P vUzPPAz az. P.J. dAigi Pgz C PAiz-2, A v Dqv zsgu ES, ( AiU), AS: DE 19 E 2001 CPv e Pj Pgg gz P DgAzg, qzg U CAwUzg A vqUl UrVg PwAi jgu Pjv. GR: CPv e AS: DE 14 E 96, AP; 31.5.1997. 1. Pj Pg Dv zqvU AAzAv, P DgAzg, qzg U CAwUzg GAmUzz A vqUl GTz AP: 31.5.1997g CPv e AS: DE 14 E 96 g ZU qVz. zj CPv ez PArP 7 g ES ZguAi V PwU UrVz. Czg AAz sU F PU Gzjz. `` Pz Av Uj Pw Ai : PlP Pg PlP Pgz aAi zszs, AUg, AP: 28.6.2001

(J)

Pj Pgg CPU : zqvU Pgz UP Az APAz, zgu nAi vAiij V zRU qAi Cx gAP vS : ZguAi CAwU U zgu nAi vAiij, ejU; zgu nU Pj Pg guAi qAi U Zgu CPj U AqPjAi ; ZguAi Ar; q U Zgu gAi Cz

6 wAU

()

2 wAU

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6 wAU 2 wAU 2 wAU 3 wAU

Zgu gAi j Pj U t;

Pgt P 2 Z v, Zgu gAi evU, Dv Pj PgU q; CAw Dz gr;

2. qU v Aiig ZguPjUV zwAi P Aiz Az ejUz Ai, ES ZguU DgA, q U V Urz z PwU Pg UV g j, jv PwU Urz PAz sz. CzgAv, AP: 31.5.1997g CPv ez PArP 7 F PPAqAv wVz (substituted):`` qU DU AP RV F PPAq g PgtUAz PAqAz: (C) zgu nAi vAiij V zRU qAi Cx gAP ZguAi CAwU PgU iq A, (Zgu CPj U AqPjU z E jz); (D) ZguAi vjvV iqz, Zgu CPjU iq A; U (E) Dv Pj Pgg Gz PV ZguAi q iq A. P DgA, V, zs AvUUV F PPAq Uj PwU UrVz. PgU F PP PlmV vPz.'' `` Pz Av (C) Pj Pgg CPU : zqvU Pgz UP Az APAz, zgu nAi vAiij V zRU qAi Cx gAP vS : ZguAi CAwU U zgu nAi vAiij, ejU; zgu nU Pj Pg guAi qAi U Zgu CPj U AqPjAi ; ZguAi Ar; q U Zgu gAi Uj Pw 1 wAU

(D)

1 wAU

(E)

4 wAU

`` Pz Av (F) (G) (H) Zgu gAi j Pj U t; U Cz

Uj Pw 1 wAU 1 wAU 1 wAU

Pgt P 2 Z v, Zgu gAi evU, Dv Pj PgU q; CAw Dz gr;

3. GTv AP: 31.5.1997g CPv ez PArP 8g zAi Pz ``21 wAU'' J zU ``9 wAU'' J zUAz F P wVz. 4. Pgz J zs PAizU, PAizU U ES Rg F jv ZU ZZ vz PqAiV P v Ez AAzsl J PgU UP UV vgvPz. F ZU GAX CPjU v Pv z Dgz PP MqPUvzAiAz F P wVz. 5. AP: 31.5.97 g GTv CPv ez, PArP 3 v 4 g z zuU gvr, Ez zuU F P irg JAz wz. f. gd i Pig Pgz PAiz, A v Dqv zsgu ES, PlP Pg AS: DE 25 E 2001 PlP Pgz aAi zszs, AUg, AP: 1.8.2001 CPv e Ai : GR: WPAz CPv Azg U. UgdjAig AP; Pgg 1.6.2001g v Ai AS:

PlP P DAiUz J:55:JJ:2000.

zQAi Pt ESU AAz PgtAzg Dv Pj Pg Az WP CPvV Ugdgz Avg ESAi Cg gz Pz P dgVz, P vUzPzg U A irz Pjv, PlP P DAiU GTz v AP: 1.6.2001 g vz F PU GzjzAv CQz:``Pgz zQAi Pt ESAi AP: 12.3.2001g v AS: DPP 194 JAJA 88g PgtAzg Dgvg AP: 10.10.87 jAz CPv UgdjAiz U ia 2000 z ES Zgu g PlP UjP (VPgt, AiAvt v ) Aii Ai 8(viii) gAi Cg Az e iq zAq U DAiUz w Pjv. v Pgtz Dvg Az CPvV Ug dgz Avg AAz ESAi Cg gz Aiiz P Egz, P DgAzg, q U CAwU vqUl PjvAv Pg PPP grz eU ZUU PVz. WPz gAz A gzz

 PgtU Dvg gz WPz CPv Ugdj DgUz, CAvg Cg Ai Azg zwAi E Azzg vqAiz AdAz DAiU CAinz. F Ai F U Pgz J ES PAizU : RjU P zU grPAz Aw zvVz.'' 2. Pgz zs PAizU : PAizU, PlP P DAiUz, Gzjz CPU UzlPAq, Pj U CPv UgdgU Pgg gz PlP (VPgt, AiAvt v ) AiU, 1957 U A v Dqv zsgu ES ( AiU) DVAzU gr ZUAi A iqz Pz P P vUzP U AAzsl J PgU UP vgPAz v az. P.J. dAigi Pgz C PAiz-2, A v Dqv zsgu ES, ( AiU), PlP Pg AS: DE 31 E 2001 PlP Pgz aAi zszs, AUg, AP: 24.8.2001 v Ai : Pj Pg gz AiiAiz P P dgV Adgw q CPg Ag PgU Adgw DzU PV grwA U - gZU. (1) AP: 16.7.98g CPv e AS: DE 2 E 98. (2) AP: 24.3.2001g CPv e AS: DE 3 E 2001. 1. sZg gzs CAi, 1988g Pgt 19 v zAqQAii AvAi Pgt 197g CrAi P dgV CPg Ag Pg, Pj Pgg gz Pz qzP Cw q v Az Arz zRU jz Avg, Pg gz Pz q lP P DzsgUAi JAz j, CAv Cw q U wiPAz, AP: 16.7.1998 v AP: 24.3.2001g CPv ez ZU qVz. 2. PlP GZ AiiAi Q C AS: 421:1996- EPg, PlP PAiP gz JA. AdAq - F Pgtz AP: 14.9.2000 zAz rz w wAi EzgAU Uwz. zj w AiA zVz. 3. GTz DzU CrAi AiiAiz CAiUU Cw q Dz gr z P PgU PArP (1) g GTz ZU P vUzPPAz v CAv DzU zjvV grz vPAz F P az. 4. Pgz zs PAizU : PAizU : ES Rg zj ZAi PlmV U Cz Cgg Ai g J P PgU UP vgPAz az.

GR:

P.J. dAigi Pgz C PAiz-2, A v Dqv zsgu ES, ( AiU),

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 14TH DAY OF SEPTEMBER 2000 BEFORE THE HON'BLE MR. JUSTICE M.F. SALDANHA CRIMINAL APPEAL No. 421/1996 BETWEEN: State by Police Inspector, Karnataka Lokayukta, Bangalore Division, Bangalore. APPELLANT (By Sri N.V. Prakash, Addl. SPP) AND: M. Nanjunda, S/o. Maraiah, Village Accountant and Village Panchayath Secretary, Bettadalasur, Bangalore North Taluk, Bangalore Rural District..

RESPONDENT

(By Sri Devaraj, Senior Counsel for C.G. Sundar, Advocate) This Criminal Appeal is filed u/s 378(1) and (3) Cr.P.C. to grant leave to file an appeal against the judgement dated 11-1-1996 passed by the Spl. Judge, Bangalore in S.C. No. 185/94 acquitting the respondent accused for an offence u/s 7 and 13(1)(d) r/w Section 13(2) of P.C. Act, 1988. This Criminal Appeal coming on for Hearing this day the court delivered the following:JUDGMENT The State of Karnataka has assailed the order of acquittal recorded in favour of the respondent-accused in Special Case No. 185/1994 disposed of by the learned Special Judge, Bangalore on 11-1-1996. The accused was prosecuted on a corruption charge and the prosecution lead substantial evidence for purposes of factually establishing that the accused who was the Village Accountant and hence a public servant had demanded and received a sum of Rs. 500/- as and by way of illegal gratification from the complainant Puttanna. The Principal ground on which the trial court acquitted the accused was

because, the finding was recorded that the sanction order Ex.P-7 was invalid. The court held that PW-9 the Deputy Commissioner, Bangalore Urban had not duly applied his mind while according sanction and that consequently, the sanction order was liable to be struck down. In view of the fact that the sanction order was held to be bad, the court recorded an order of acquittal in favour of the accused and the present appeal is directed against that order. 2. The Principal submission canvassed by the learned Addl. SPP was that if the court were to peruse the rest of the evidence de hors the sanction order, that there is really no ground on which this material can be rejected by the court, and that this evidence in terms establishes that the accused who was a public servant had infact received the illegal gratification of Rs. 500/- from the complainant on 19-10-1992 for purposes of showing favour to him in the matter of sanction of plans for the construction of building on the plot belonging to the complainant's wife. The submission is that if this is the position, merely because of some technical infirmity, that it would be a travesty of justice for the accused to get the benefit of an order of acquittal particularly since corruption is an offence that seriously affects public life and that consequently, the order of acquittal should be reversed. Coming to the validity of the sanction order, the learned Addl. SPP submitted that a perusal of the order will indicate that in Paragraph 2, the sanctioning authority has in terms stated that he has perused and considered the record of the case and the facts of the case and that being satisfied that this is a fit case for the accord of sanction to a corruption charge, that the sanction had been accorded. It is his submission that the trial court was in error in having held that there was non-application of mind in this case when infact, the sanction order mentioned that the authority has perused the records and considered them. Next, the learned Counsel has drawn my attention to the evidence of the Deputy Commissioner who is PW-9 wherein he has stated in the witness box that he did receive the records of the case, that he had considered the records and accorded sanction on that basis. His submission is that in this background, there was due application of mind and that the sanction order is valid. 3. This position is seriously disputed by the respondent's learned Counsel who defends the order passed by the trial court principally on the ground that there are well defined principles of law that apply to the test as to whether or not, a sanction order is valid and it is his contention, that if from a perusal of the sanction order, the court cannot be satisfied that there has been due application of mind, that merely through a process of covering-up when the witness enters the witness box that it would not be sufficient, to satisfy the important ingredient of due application of mind. 4. The law with regard to the manner in which the sanction is to be accorded and more importantly, the quality of a sanction order is very well defined. I need to reiterate here that corruption cases involve public servants and, regardless of the facts of each individual case, merely because there is some allegation of a corruption charge, or merely because the anti corruption police put up the papers for sanction on the ground that the corruption offence has been committed, does not ipso facto mean that the authority must mechanically accord sanction. There is very deep-seated and well defined philosophy behind the requirement for sanction in corruption cases, the first of them being that the consequences of accord of sanction are very disastrous to the public servant both as far as his job, his reputation and even his social standing are concerned. It is therefore very important that the sanctioning authority must independently peruse the investigation papers and independently of the police report come to the conclusion that there is enough material to sustain the charge. If there are infirmities in the investigation, if the evidence gathered is weak, or if on an overall view of the material produced by the investigating

agency there is really no valid case made out or no case that could ever sustain a conviction, then merely because the authority has asked for sanction, it would not be correct for sanction to be accorded. There is another aspect of the law which this court has laid down recently viz., that there are a class of misconducts which could be adequately dealt with through disciplinary or departmental proceedings and it is this class of small cases wherein it would be inappropriate to grant sanction if adequate punishment could be awarded through disciplinary or departmental proceedings. Whether the case is one which therefore validly justifies a prosecution insofar as it is serious enough to warrant the heavy punishments prescribed under the Prevention of Corruption Act or whether it is one which can be adequately punished through disciplinary proceedings is an aspect which the sanctioning authority is required to judicially consider before granting sanction. This being the legal position, the courts have invariably held that sanction orders which are mechanically or arbitrarily granted are liable to be struck down. 5. A mere perusal of the sanction order in the present case is sufficient to indicate that it was obviously prepared by the office staff of the Deputy Commissioner and it is equally clear to me that the officer has signed it without even reading it. The reason for this is because though an attempt has been made to see to it that it is in the correct proforma, there is a tell-tale indication in Paragraph 1, wherein certain words appear in brackets. The whole of Paragraph 1 is reproduced below:"Whereas it is alleged that Shri M. Nanjunda while functioning as VILLAGE ACCOUNTANT CUM V.P. SECRETARY, BETTAHALSUR V.P. JALA HOBLI, BANGALORE NORTH TALUK on 19th day of October, 1992 (particulars of the acts constituting offences committed by the accused to be given in detail)." 6. It is a sad reflection on the manner in which, the sanctioning Authority has functioned and it is equally unfortunate that on officer holding a responsible post has behaved in this fashion. I fully share the sentiments expressed by the learned Addl. SPP. when he pointed out that the record of this case on facts clearly makes out a perfect case for conviction and that only because of the absolutely defective and worthless sanction order, that the accused has technically got the benefit of an acquittal. The presence of those words in brackets and the fact that the officer has not even read the sanction order before signing it, is sufficient to support the findings of the learned trial judge that this is a case of total non-application of mind. It is true that the learned Addl. SPP vehemently tried to save the sanction order by pointing out to me that in his evidence before the court, the Deputy Commissioner has tried to state that he had received the records and that he had examined and studied them before according sanction but, this worsens the position because of what I have already recorded earlier. It clearly shows that the officer was conscious of his earlier errors and tried to cover-up for them in the witness box. It is also well settled law that an order is required to be self-sustaining and is required to be able to stand on its own feet, and that no amount of subsequent padding from the maker of the order or cover-up action in the witness box could bolster up or revive or revitalise a sanction order that is virtually non-est. This is a case in which the sanction order itself on the face of it will have to be rejected by the court and no amount of effort by the Deputy Commissioner in the witness box can rejuvenate it. 7. It is well settled law that in corruption trials a valid sanction order is condition precedent for a conviction. I do not need to cite the case law on this point, as the law is well settled. Where the sanction order is defective, the prosecution is vitiated and the learned trial Judge has rightly applied the law in this case. It is impossible and it would be

improper for this court to interfere with the order of acquittal in the aforesaid circumstances. 8. "One needs to address a candid and straight question to the authorities of the State Govt., who are incharge of these prosecutions asking them as to whether they are at all serious about curtailing and containing corruption or whether the line of action is so directed towards encouraging this activity. As matters stand, the prosecutions themselves are confined to the small fry leading to the impression that the Prevention of Corruption Act does not apply at higher levels! What worsens the situation is that the investigations are conducted in such a cavalier manner as to provide the accused with the necessary escape routes thereby generating the confidence in every corrupt official that there is no risk of ever getting convicted. To add to this disastrous situation wherein not even 9 percent of the prosecutions and in convictions comes the added facility of the sanction orders being defective in atleast 90 percent of the cases. The requirements are very simple and the format of a valid sanction are well known despite which in case after case, the court comes across highly placed Govt. officers who are the sanctioning authorities virtually abdicating their responsibilities and signing sanction orders that have obviously been drafted out by the clerks - judging from the quality thereof. It is hoped that the State Government will view this situation with sufficient seriousness and ensure that these officers behave and function with a sence of responsibility in future. Even in those of the cases where the prosecution would have succeeded in punishing the corrupt official, the defective sanction order guarantees their acquittal. The investigating officers are the ones who are to blame because it is obvious to the court that they do not even bother to read or scrutinise the sanction order and to get it rectified wherever it is defective. 9. The Prevention of Corruption Act which was put on the statute book with the sole purpose of bringing to book corrupt persons in public life is being frustrated and nothing can be more damaging to public interest than a situation in which a corrupt public servant who has been prosecuted by the anti-corruption authorities gets acquitted by default, is required to be paid the salary and allowances for the entire period and is again let loose on society with renewed vigour and appetite. The investigations in these cases reveal that the officials who got trapped are not novices or new comers, that they are regular seasoned campaigners who have reached a point of avarice, that the victims cannot bear to contend with and that is the stage at which alone they take the trouble to come to the anti-corruption authorities. No investigation is done with regard to their assets and whether they are disproportionate to their known source of earning. When such an official is trapped and gets away, it is surest precursor of unlimited corruption on accelerated basis thereafter. This court seriously recommends to the State Government, that it wakes up to this situation and eliminates these avenues that are only compounding corruption at all levels of public life. It needs to be pointed out that if a regular example is made by awarding condign punishments in a few cases that it will have a chilling effect to this activity which is the biggest blemish on public life in this country." 10. The appeal accordingly fails and stands dismissed. The bail bond of the accused if executed to stand cancelled. (Registrar General to forward a copy of this judgement to the Lokayukta and the Home Secretary, Government of Karnataka.) Sd/JUDGE COPY Sd/Assistant Registrar,

High Court of Karnataka, Bangalore-560 001.

A v Dqv zsgu aAi v

AS: DE 18 E 2001, AUg, AP: 14 Ag 2001 Ai : Pj Pg gz vz DgUU CUtV zz zAqU Pjv. 1. Pj Pg AigU JU CgzsU Pjv Zgu q, vz PgtU Dg PgU zzAv zAqU U PlP (VPgt, AiAvt v ) AiU, 1957g Ai 8g rVz. Dzg, zj Aiz Aii DgP Aii PAi z JAz Urg. EzjAzV P AzsU Dgz wvVAv z zAqU Pr Cx azU zsv Ez. Cz, zs PgU, zzAv wvAi Az DgU PgtU g g zAqU zsvAi Egvz. DzzjAz, Pg Ez PAPV j vzAv DgUUUtV zzAv zAqU GzguU F PU z: PAS 1. vzAv Dgz g zzAv zAq

MAz wAUU l, Dzg, g P v rU vq wAUVAv Pr CAi CPv rAiz. Ug dj. wAU jz CPv Ug Az vUz Pz. dj. g. 10,000 QAv Pr vvP t zgAiU g. 10,000 QAv CP vvP t zgAiU vz 5 P v rAiz. vz Pv tAi AvP Ez. rU zAi vq PV

2. 3. 4. 5. 6.

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Pj Az PqAi w z Azsz UAq v Jgq v Avgz AzsU Pv tAi PV AvP Ez.

7.

Pbj PAizs Pr EvAi z Azsz UAq, Jgq rg PwAi v Avgz AzsU P P MAz P v rAi vq Pgtzz (CAd) A rAiz. AVP QgP PjU Tv gPgu. Plz Pv zU Ez. ZU Jgq P rAiz. t rU Cx vq

8. 9.

PAS

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10.

PlAz zgjU Aiiz Pv tAi PV AvP PA Cx AAi Ez. GzUUP CPg GAiVPz Cx Z gz. CPv PvU zg Pj Az PqAi w Pj Pg vQ MUAq Aiiz PA Cx AU Cx M QU AAzAv jz Cx Aiiz UwUAi Pqz Cx Adg iqz. P..J. (qv) AiU, 1966 Pj Az PqAi w g CPU GAX gdQAi Cx ZuU sUz. P..J. (qv) AiU, 1966g Pv tAi PV AvP CPU GAX g v Ez. zU sUz. P..J. (qv) AiU, 1966g P P Jgq P CPU GA DPt, rU vq rAiz. wP, zgz zz v izsU QAiV z. P..J. (qv) AiU, 1966g P P Jgq P CPU GAX Pg rU vq rAiz. nQz. P..J. (qv) AiU, 1966g Pv tAi CP GAX AwUAi Ez. Pjz Cx g jwAi AU, AUu PAiz z, Cx Evg AUuU Uz Cx Evg g gzQuAi Pqz: vUzPz Cx vUzPzP: PqzP Gvfz. P..J. (qv) AiU, 1966g GAzsU GA Aiiz g Cx gU Cx Aiiz GzUz vqVPz. PV v

11.

12.

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14.

15.

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Pj Az vUz Pz.

18.

Pj Az PqAi w

PAS 19.

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P..J. (qv) AiU, 1966g Pv tAi GAzsU GA, Aq Ez. rP iqz, Pqz v vUzPz.

20.

P..J. (qv) AiU; 1966g P P MAz P GAzsU GAX D v rAi vq rAiz. uUjP nAi gz.

21.

P..J. (qv) AiU, 1966g MAz P v rAi vq CPU GA Zg v g rAiz. DU g P..J. (qv) AiU, 1966g Pj Az PqAi w GAzsU GAX Jgq z irPz. Pgz ZUU gzV Jgq P v rU vq i, lP AvzU rAiz. sUz MUAqAv vqV Pz. P..J. (PAi u g) UAq (Censure) AiU, 2000z CPU GA P PAiu gAi gAi sgUz.

22.

23.

24.

2. nAi z PgtU GzguvP (illustrative) DVAi gv, CU PV (exhaustive) Eg. CU jz Eg PgtU Aii zAqAi z U, AAz Pg, CU UzlPAq wiP. 3. Pgz J zs PAizU, PAizU v ES Rg F ZU U CU Cgg Cz g J Pw: PgU UP UV vg az. PlP gdg Dzg v Cg j, P. J. dAigi Pgz C PAiz2 A v Dqv zsgu ES ( AiU)
NOTE The position regarding powers to impose penalties on the various categories of posts in the Karnataka Government Secretariat is as follows:Sl. No. Class of posts Authority empowered to appoint Authority empowered to impose penalties and penalties which he Penalties (See Rule 8) Appellate Authority

may impose 1 1 2 Group-D 3 Deputy Secretary to Government Department of Personnel & Administrative Reforms 4 (a) Under Secretary to Government of the concerned Department 5 (i) Fine (ii) Censure (iii) With holding increments (iii-a) With holding of promotions. (iv) Recovery from pay (iv-a) Reduction to a lower stage in time scale of pay (v) Reduction to lower time scale of pay (vi) Compulsory retirement (vii) Removal from Service (viii) Dismissal from service (ii) Censure (iii) With - holding of increments (iii-a) With - holding of promotion (iv) Recovery from pay (iv-a) Reduction to a lower stage in Time Scale of pay (ii) Censure (iii) With holding of increments (iii-a) With holding of promotion (iv) Recovery from pay (iv-a) Reduction to a lower stage in time Scale of pay (v) Reduction to lower time scale of pay (vi) Compulsory Retirement (vii) Removal from service (viii) Dismissal from service 6 Deputy Secretary to Government of the Department concerned

(b) Deputy Secretary to Government Department of Personnel & Administrative Reforms

Secretary, Department of Personnel and Administrative Reforms

Group-C

Secretary to Government, Department of Personnel and Administrative Reforms

(a) Deputy Secretary/ Joint Secretary/ Additional Secretary to Government of the concerned Department

Secretary to Government of the Department concerned

Deputy Secretary/ Joint Secretary, Department of Personnel and Administrative Reforms

Secretary to Government Department of Personnel and Administrative Reforms

(b) Secretary to Government, Department of Personnel and Administrative Reforms

Additional Chief Secretary

1 3

2 Group-B Posts (Section Officers in all the Departments of Karnataka Government Secretariat)

3 Government

4 Concerned Principal Secretary/ Secretary to Government

5 (ii) Censure (iii) With - holding of increments (iii-a) With - holding of promotion. (iv) Recovery from pay (iv-a) Reduction to a lower stage in time Scale of pay.

6 Additional Chief Secretary

Government

(v) Reduction to lower time scale of pay (vi) Compulsory Retirement (vii) Removal from service (viii) Dismissal from service

Governor

Group-A Posts (Under Secretary/ Deputy Secretary/ Joint Secretary/ Additional Secretary in All the Departments of Karnataka Government Secretariat

Government

Government

(ii) Censure (iii) With - holding of increments (iii-a) With holding of promotion (iv) Recovery from pay (iv-a) Reduction to a lower stage in time Scale of pay. (v) Reduction to lower time scale of pay (vi) Compulsory Retirement (vii) Removal from service (viii) Dismissal from service

Governor

Vide para-12 and Appendix (Para-4-C) of G.O. No. DPAR 4 STR 2001, dated 22.11.2001, the Principal Secretary/ Secretary to Government concerned can rotate the Officers within his department. Secretaries to Government are delegated the powers of suspension of Class III and IV officials of the Karnataka Secretariat Service working under their administrative control vide Notification No. GAD 38 SSR 74(1) dated 19.10.1974. Secretaries to Government being the Major Heads of Departments specified in Appendix-I of Karnataka Civil Service Rules are also empowered to suspend class II officers vide Notification No. DPAR 34 SSR 74, dated 3.9.1976. Sd/(K.L. Jayaram),

No. DPAR 876 SRC 2002

Under Secretary to Government-2, Department of Personnel and Administrative Reforms, (Service Rules)

A v Dqv zsgu aAi Ai : Pj Pg gz q ES ZguU ZguPjUV U AqPjUV PU v AiigUU Aiit sv (Conveyance Allowance) q U. AP: 24.4.1998g Pj Dz AS: DE 3 E 96.

NzVz: :

1. ES ZguU M Pj Pg iqz DgU vAU PAq rAi PlP (VPgt, AiAvt v ) AiU, 1957g Ai 11 (2) gAv, Pg Zgu Pg v PgtU Zgu Pgz Az Ar AqPjU Vz. 2. Nzz AP: 24.4.98g Pj Dzz ES ZguU v AiijU v v Pj CPjUU zVz. zj Dzz PArP 4(O), (CA), (DB) z Az sU PU Gzjz:(O) v CPjU Zgu PjUV AAz PgU z CjU wAiAz ZguUV g. 5000 Aav AsAi (consolidated remuneration) qvPz, Ez Zgu PgV Dzz vPz, F AsAi Adg iq CPg AAz PgUU qVz. F AsAi Zgu gAi z Avg w iqvPz. (CA) Cz, DgU n (Article of charges) Ai vAiij n (panel) Aig v Aiig : CPjU Ai GAiVPz. DgU nAi vAiij Aiiz MAz Pgtz ial v CPjAi Cz Pgtz ZguPjAiiV vPz. F PPV wAiAz Pgtz g. 1000/- AsAi qvPz, Pg zgu nAi (Articles of charges/ Statement of imputations of misconduct) grz Avg F AsAi w iqvPz. (DB) Cz n (panel) Aig v Aiig : CPjU AqPjUVAi (As presenting Officers) z. U z v CPjUU g. 3000/- Aav AsAi w iqvPz. F AsAi Zgu Pg Zgu gAi Arz Avg w iqvPz. 3. Nzz AP: 24.4.1998 g Dzz CrAi Zgu PgUV U AqPjUV PUjU qzz AsAi a Ai Pg j, F PPAqAv F P Dzz. Pj Dz AS: DE 45 E 2001, AUg, AP: 4 iZ, 2002

4. Nzz AP; 24.4.1998 g Dzz CrAi Zgu PgUV Cx AqPjUV PUgU F PPAq zgU sv (Conveyance Allowance) F P U iqVz. (C) Zgu PgUV PUjU w ZguU g. 1000/- (g. MAz g iv) v (D) AqPjUV PUjU w ZguU g. 750/- (g. Kg Lv iv). 5. F AsAi, Nzz AP: 24.4.1998g Dzz GTz AsAi evAi, Zgu Pg Zgu gAi Arz Avg w iqvPz. 6. F AsAi F Dz grz APAz ejUgvz. CAzg F Dzz APz Avg, Nzz, AP; 24.4.1998 g Dzzr Zgu Pg U AqPjUV PzjU CAiUvz. 7. EzP vU Z AAz PbjAi v P P CrAi sjvPz. 8. F Dz DyP ESAi AP; 7.2.2002 g Czg nt AS: DE 2683 Z-5:2001 g rg wAi Pg grVz. PlP gdg Deg v Cg j, P.J. dAigi Pgz C PAiz-2, A v Dqv zsgu ES, ( AiU),

PlP Pg AS: DE 47 E 2001 PlP Pgz aAi zszs, AUg, AP: 23.3.2002 v Ai : Pj Pgg gz ES Zgu q Gzz PgtU Pj Pgg gU U U zgv DzU gr U. AP: 4.7.96g v AS: DE 7 E 96.

GR:

PlP (VPgt, AiAvt v ) AiU, 1957g Dgv Pj Pgg JU DgU U ES ZguAi q U zAq CjPz zsU z. Czg Pg, ZguU PgU vB v qz Cx Zgu q M ZguPjAi zVz.

2. GTz AP: 4.7.1996g vAi, Pj Pgg ES ZguAi q PlP PAiP AU ES Zgu PgtU Pj Pgg w Ai U ZU qVz. 3. 1957g zj AiU CrAi DgA wAiAz Pgtz F PPAq gU AAz zRUAU AiiU EqvPz U Cz AAz PgUU s iqvPz:(1) Pj Pg g (2) nz AP (3) AiwAi Az AP (4) Pj U jz AP (5) C (6) Pg Ag z (7) v t U qAiwg vz Av 4. Dgv Pj PgU AAz, PArP 3 g GTz gU vz Pqvz PZz z CPgz PA Ai P. 5. Ezz, zAqAi DzU grU P PgU zjvz v AU DzU grz vvPz. ejU zsz zAqU z vvPz. DgU gdvV : gdvV, Avz U z wi zAqAi Dzz PgU P. 6. Pgz zs PAizU, PAiz U ES Rg F ZU U Cgg Ai g J Pw U PgU UP UV vg az. P.J. dAigi Pgz C PAiz-2, A v Dqv zsgu ES, ( AiU),

A v Dqv zsgu aAi v AS: DE 22 E 2001, AUg, AP: 5 d 2002

Ai: P AiiAiz Q DgAz RUAq Pj Pgg B U vUzPAq Azsz CjU qPz sU Pjv. GR: AP: 26.6.1996g v AS: DE 9 E 95. Q AiiAiz ZguU Ml CgzsPV zAqU UjAiizg, Dv gzz EvxUgU PAiz Dv gz PlP (VPgt, AiAvt v ) AiU, 1957g Ai 14(i)gg P PUvPzAz GTz vAi wVz. 2. Azjz, Ez vAi PArP 3g, MAz Dv Pj Pg AiiAiz RAiizg PjAi v Dz jj, Pj Pgg B U vUzPAq, Dv Ai Azjzg CVgwzAv J sUU PUv JAz wVz.

3. v AiiAi JJDg 1997(1) ( n () AS: 22538:1996 (Ranchhodji Chaturji Thakore Vs The Superintendent Engineer, Gujarat Electricity Board, Himmatnagar (Gujarat) and Anr.) 1997(1) SLR 14) Pgtz AP: 28.10.1996 gAz rg w Az sU F PU Gzjz:
"3. The reinstatement of the petitioner into the service has already been ordered by the High Court. The only question is whether he is entitled to back wages? It was his conduct of involving himself in the crime that was taken into account for his not being in services of the respondent. Consequent upon his acquittal, he is entitled to reinstatement for the reason that his service was terminated on the basis of the conviction by operation of proviso to the statutory rules applicable to the situation. The question of back wages would be considered only if the respondents have taken action by way of disciplinary proceedings and the action was found to be unsustainable in law and he was unlawfully prevented from discharging the duties. In that context, his conduct becomes relevant. Each case requires to be considered in his own backdrops. In this case, since the petitioner had involved himself in a crime, though he was later acquitted, he had disabled himself from rendering the service on account of conviction and incarceration in jail. Under these circumstances, the petitioner is not entitled to payment of backwages. The learned Single Judge and the Division Bench have not committed any error of law warranting interference.
The special leave petition is accordingly dismissed."

4. Z AiiAiz w Ai GRz vAi PArP 3g ``Dv Ai Azjzg CVgwzAv J sUU PUv'' JAz PV ir U Pg j, Czg z PPAqAv g ZU rz: ``MAz M Pj Pg B U vUzPAq, e Dz APAz v U vUzPAq APzgU Q v, v r, , AZt, Ev sUU C AiAZvV (automatically) CU. Z AiiAi, Czg, Gzjz w azAv, wAiAz PgtP AAz Azs U AU Ai Q v Ev qAi C C Cx E? J U j wiPUvz. GzguU, Z AiiAi, Czg, Gzjz w GTzAv PgtU, CAv s qAi Cjg.'' 5. DzjAz Pgz J zs PAizU, PAizU v ES Rg zj ZU U UV Cz v Cz g J Pw v PgU UP vg Pjz. P.J. dAigi Pgz C PAiz2, A v Dqv zsgu ES, ( AiU) PlP Pg AS: DE 25 E 2002 PlP Pgz aAi zszs, AUg, AP: 19.10.2002

.Dg. 931

Ai :

v AiiAiz w Aiiz AiiU Pg Ez Ez Pz CAv w gz Pz Ai U ZU.

(1) 25.8.1990g CPv e AS: DE 25 E 90. (2) AP; 9.7.2001g CPv e AS: DE 6 C 2001. (3) PlP zs Aqz C gZ wAi 2001-2002g Az zs s - EvAl gAi sg. GTv (1)g AP: 25.8.1990g CPv ez PlP GZ AiiAi v Evg AiiAiU jm Cf, C v PzU rg DzU v EvxUz Q Gg jm Cf, Pz v C U g CQ U ZU qVz. 2) GTv (2)g AP: 9.7.2001 g CPv ez PlP Dqv Ai Aq, PlP GZ AiiAi v Evg AiiAiU rg DzU P vUzP U ZU qVz. 3) zs Aqz C gZ w 2001-2002 (AzAi zs s) v EvAl gAi AiiAiz Az MAz Pgt U, ``AiiAiz w Pgz Aiiz AiiU Pg Ez Ez Pz CAv w gz Pz Ai P PUP'' JAz sg irz. 4) C gZ wAi Aq sgAv AiiAiz w Pgz Aiiz AiU Pg Ez Ez Pz CAv w gz Pz Ai P PUvPz. 5) DzzjAz, Pgz zs PAiz : PAizU U ES Rg zj wAi sgAv P PUvPz, F ZU AAzsl Jg UP vgvPz. P.J. dAigi Pgz C PAiz-2, A v Dqv zsgu ES, ( AiU), PlP Pg AS: DE 2 E 2003 PlP Pgz aAi zszs, AUg, AP: 6.2.2003 v Ai : GR: Ciwqz Pj Pgg PgtU gQ gaVz wAi gzr U. AP: 7.1.1987g Pj Dz AS: rJDg 35 JrE 86.

GR:

ES ZguU Mqg U Mng Pj Pgg Civ PgtU CiwU AAzAv PlP UjP (VPgt, AiAvt v ) AiU, 1957g Ai 10 g GAi (6) g Urg CAi j Civ AzjPA PgtU g P sg iq Pgz Cg R PAizAig CzsPvAi GR (1) g g Pj Dzz gP wAi gaVv. 2. PlP (VPgt, AiAvt v ) AiU, 1957g Ai 10(1)P CZ AS rJDg 4 JrE 2000 AP: 15.4.2002 g iqVg wzrAzV E Ciw PgtU UtAiV PrAiiU AsgzjAz F gP wAi Azj U Vz.

3. Aq Ai, Cvzg GR (1) g z gP wAi vPtAz ejU gAv gzrz. 4. E Az, Pgz zs PAizU : PAizU v Ai g ESU Pgg Ciw PgtU AivV P g wAUU j wi vUzPvPzAz az. P.J. dAigi Pgz C PAiz-2, A v Dqv zsgu ES, ( AiU), PlP Pg AS: DE 7 E 2003 PlP Pgz aAi zszs, AUg, AP: 12.5.2003 v Ai : GR: ES ZguAi Ct iw : zRU wg U. v AS: DE 09 E 98, AP: 3.8.1998.

A v Dqv zsgu ESAi Ai g zs CPjU gz P : ES Zgu dgV V AAzsl Dqv ESUAz z CjPz PU U GTv AP: 3.8.1998g vAi PAz iUaU qVv. CzgAv Ai Dqv ESAi PAPV j P gAP, q JAzg U ag Cz qz wi U DgU zguU zr zRUAU MAz jtz Ai A v Dqv zsgu ESU PPAz U Aiw CAag CPjU gz Ai P AavVAi PPAz ZU qVv. 2) U ZU rzg F ZU z, P vU : zgU AixvV A v Dqv zsgu ESU Pwgz PAq Az. EzjAz CUvV WPz v g q U Pz Zgu q vqPU jw Gzwz. vvjuV Mmg PgtU zUzgAU AiiAiU GPzAvUwz. F CUv v g U vqAizz A vqUl V Av t gz Pq U iv Pj wiz. 3) DzjAz, PgtU A v Dqv zsgu ESU U F PPAq CAU PlmV vPz:1. jtz zguU CAzs 1 jAz 4g gU g Pz. 2. Dv CPjAi CPvAz PgP GAmVg , GAXg PAi, P, AiU V zguAi wz. 3. zguAi CAzs 3 g Ptz J zRU Pz. 4. Ai A v Dqv zsgu ESU P GTv vAi iUaAiAi jvPz.

4) F wz iUaU Cjz Ctz v Dqv zsgu ESU Pz PAqAz Aii lz v Dqv zsgu ESU Ai PnzAi CAv PAiz : Cg PAiz : PAiz : G PAiz : gz gV P gAqz JAzV F P wz.

U A CPjAz A zs PAiz : C PAizU AAzslgjU

.J. n Pgz R PAiz. v AS: DE 12 E 2003, AUg, AP: 19 d 2003 Ai: Pgz J ESU Eg PgtU gP U. GR: CPv e AS: DE 19 E 2001, AP: 28.6.2001. GTv CPv ez P DgA, Cz CAwU zs AvUU, Uj 9 wAU PwAi UrVz. Dzg ES ZguU F PwAi tUz a Ai vUzPwgz Pgz UP Az. DzjAz, J ESU Qg ES ZguU Pjv Pgz Cg R PAizAig lz j iqz CUvAz sVz. 2. AqAv j iqUAv J aAi ESU v CPq ESUAz, F vU Uwz Ai Qg PgtU iwAi AUPAz aVz. 3. F vAi grz 15 U Avg Cg R PAizAig CzsPvAi sAi Pgz g g ESU Qg ES ZguU U ZaUzAz wVz. .Dg. 904 JZ.Dg. UAz Pgz C PAiz2, A v Dqv zsgu ES ( AiU)

Pv ESAi g :
P AS 1 Dgv Pj Pgg g v z 2 Zgu gAz AP 3 PlP Pg AS: DE 12 E 2003 PlP Pgz aAi zszs, AUg, AP: 11.9.2003 CPv e Ai : Pj Pgg gz P DgAzg, qzg U CAwUzg A vqUl UrVg PwAi Pjv. ZguAi v Av 4 AVz PgtU 5

GR:

(1) CPv e AS: DE 14 E 96, AP; 31.5.1997. (2) CPv e AS: DE 19 E 2001, AP: 28.6.2001.

Pj Pgg gz P DgAzg, qzg U CAwUzg A vqUl Pz zs AvUUV Uj PwAi AP; 28.6.2001g GTv CPv ez UrVv. zj CPv ez Pg Ml 9 wAU CAi ES ZguAi PAiUvPzVz. F Uj PwAi PPAqAwz: Pz Av C) Pj Pgg CPU : zqvU Pgz UP Az APAz, zgu nAi vAiij V zRU qAi Cx gAP vS : ZguAi CAwU U zgu nAi vAiij ejU; zgu nU Pj Pg guAi qAi U Zgu CPj U AqPjAi ; ZguAi Ar q U Zgu gAi Uj Pw 1 wAU

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A v Dqv zsgu aAi v AS: DE 10 E 2003 AUg, AP: 12 Ag 2003

Ai : PlP (VPgt, AiAvt v C) AiU, 1957g CrAi ES Zgu qAiwzU, Pj Pg vzU, ES ZguAi A Pz Pjv. PlP (VPgt, AiAvt v C) AiU, 1957g Ai 8(iv) g Gzsv sU F PU Gzjz.
''(i) xxxxx

(ii) (iii) (iii-a) (iv)

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gd PgP Cx CPjAi Ai AiijU Jg PqVv D PAz Pg, Aiiz Evg gdz Pg, Aiig Q, A Cx PjU, D CPjAi P Az Cx DeU GAWAz GAmz Aiiz t gz tV Cx sUB vAz iqz.''

2. wzAv, DyP Dgv Pj PgjAz iqPz, zj AiiAi Ai 11 Cx 12g Pg P dgV iqPUvz. F jw wz AiUAv, Dgv Pj Pg P PjAi ES ZguAi qwzU, Dgv Pj Pg gt AzU, CAv PgtU Aii jwAi A P PUPA U CP ESU Pgt P. 3. PlP GZ AiiAi m AP Ds g gz w gd (LJDg 1997, KAR, 2791) Pgtz F PPAqAv CAi nz.
''If any money has been misappropriated by an employee who dies during the pendency of inquiry, we cannot say that monetary liability arises thereto cannot be determined even after the death of the delinquent employee, the employer should have the liberty to assess such financial liability which is to be recoverable out of the amounts due to the deceased employee on notice being given to the concerned heirs and i.e. the only way by which the proceedings can be concluded. The respondents must co-operate with the appellants in the enquiry to enable in establishing guilt or innocence of the deceased employee and the charge against him. On conclusion of such Inquiry, though no action can be taken against the deceased, still his monetary liability can be determined. In taking such action, the appellant will have to take into consideration the question of amount misappropriated by the deceased employee, the time lapse between the date of misappropriation and the enquiry and the fact that the deceased employee is no longer available to defend himself and such other factors. If they come to the conclusion that still the proceedings should be continued to recover the amount from out of the amounts due to the said deceased employee, such steps will have to be taken. Otherwise, any action taken by the appellants can be criticised as one done arbitrarily without applying the principles of natural justice. Therefore, we direct the respondents to Inquire into the matter before making any deductions out of the Provident Fund, Gratuity or any other amounts due to the deceased employee appropriately one way or the other after issuing notice to the respondents. If a finding is recorded that there is any monetary liability as-far-as the deceased employee is concerned, appropriate deductions can be made from the amounts payable to the respondents otherwise the amounts due to the deceased employee will have to be disbursed to the respondents.''

4. Pj PgjAz DyP GAmVz, D Dgz ES Zgu qAiwzU, Pj Pg gt AzU AiiAi CAilAv P PjU P dgVvPz. 5. Pgz zs PAizU, PAizU U ES Rg, Aq ZU J P PjU UP vgPAz F P PgVz. JZ. Dg. UAz Pgz C PAiz2 A v Dqv zsgu ES, (AiU).

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PlP Pg AS: DE 17 E 2002 PlP Pgz aAi zszs, AUg, AP: 24.11.2003 v Ai : U Dzsgz Pv wg AAi gz P dgV U.

U Dzsgz Pw A Ai AzgAiwg g Pgg Pv , t zgAiU, Avz zqvAi JVz U Pgz UP Az. F Pgg gz PlP UjP (VPgt, AiAvt v ) AiiAiAi P PUAw KPAzg Eg Pj Pgg. Eg gz P vUzP zs wAv CP ESU A v Dqv zsgu ESAi Pj. F Ai jVz. U Dzsgz Pw Az, AAi Aiiz zqv JVzU zU zqvAi gU r, D zqv JVzPV AAv PgjU P PAi KP qgzAz P MAz n qP. zj nU Cg q Gvg Pbj Rg j P wi vUzPP. MAz , Pbj Rg Pgg Dg vVz JA wiP Az, MAz gz Dz (Speaking Order) gr vPzz zAqAi z. zz zAqUAzg d (fine), PgP GAl irz D iqz, U Az vUzPz. vVzAiAz PAqAz Dgz UAgvU CUtz zAqAi zVz. JZ.Dg. UAz Pgz C PAiz-2, A v Dqv zsgu ES, ( AiU). A v Dqv zsgu aAi CPv e AS: DE 5 E 2004, AUg, AP: 19 d 2004 Ai: PlP (VPgt, AiAvt v ) AiU, 1957g Ai 10P wzr. GR: 1. CPv e AS: rJDg 13 JrE 85, AP 3.7.1985. 2. CPv e AS: rJDg 24 E 88, AP 6.6.1988. 3. CPv e AS: rJDg 16 E 89, AP 26.6.1989. 4. CPv e AS: rJDg 3 JrE 94, AP 26.2.1994. 5. v AS: DE 16 E 96, AP 21.4.1997. 6. CPv e AS: DE 2 E 97, AP 8.7.1997. 7. CPv e AS: rJDg 3 E 98, AP 5.8.1998. 8. v AS: DE 8 E 2000, AP 29.8.2000.

9. v AS: DE 8 E 2000, AP 29.8.2000. 10. CZ AS: rJDg 4 JrE 2000, AP 15.4.2002. GR (1)g g AP 3.7.85g CPv ez Pj Pgg Aii Aii AzsU Ciw Ejz JA U U vS/ZguAi Ql F Civ J CAigU Azgz JA U jVz. 2. GR (2)gg AP 6.6.1988g CPv ez PjU Ugvgz DzUz Pj Pgg Ciwl Dz gr AP 3.7.1985g CPv ez iUaU CrAi jzg evU EAv Pgg g P U zsvAi jAv aVz. 3. GR (3)gg AP 26.6.1989g CPv ez AZ CAiz CrAi Cx Ez AiP AAzAv vSU MUVg Pj Pgg t vSAi Pj CiwqAv PAiP, EPg dggjAz g sgU Dzv j Jgq gUUV P P PUPAz PgUU aVz. 4. GR (4)g AP 26.2.1994g CPv ez U CPvV Ugdgz Pj Pg gz vUzPPz Pz U ZU qVz. F CPv ez PArP 6g G PArP (3) v (4)g CPv Ugdgz Pj Pg Ciwq U wVz. 5. GR (5)g AP 21.4.1997g vAi J PgU Pj Pgg Ciwq U g P iq U Pg DVAzU grg ZU UzlPAv aVz. 6. GR (6)g AP 8.7.1997g CPv ez Pj Pg gz AZ gzs PAi 1988g CrAi Q Cgzsz Pgt vSAi Cx ZguAizU CAv Pg Ciw EqgzAz P Pg sz Aii jwAi P PUPAz ZU qVz. 7. GR (7)g AP 5.8.1998g CPv e, GR (8) v (9) g AP: 29.8.2000g vAi Pj Pg gzz Q PgtU vSAi tUz Avg Ze l P AiiAiz zR Azsz Pj Pg Jgq j Ciw Eqz JA U ZU U Q AiiAiz zAqU MUz Pj Pg zAq Dzz gz vqAiie qzPAqUU Cx EvxzgU e qUqAiizUU Cx Cgzs tAi vqrz Pgtz vUzPPz Pz Pjv ZU qVz. 8. GR (10)g AP 15.4.2002g CZAi, PlP (VPgt, AiAvt v ) AiU 1957g AiP wzrAi iqVz. U wzr iqVg Ai 10 g Az sU F PPAqAwz:"10 (1) The Appointing Authority or any authority to which it is sub-ordinate or any other authority empowered by the Government in this behalf may place a Government servant under suspension(a) Where there is prima facie evidence to show that he was caught red-handed while accepting gratification other than legal remuneration by the persons authorised to investigate under the provisions of the Prevention of Corruption Act, 1988 or under any other law;

(b) where a charge sheet is filed before the competent Court against him for any offence involving moral turpitude committed in the course of his duty; or (c) where a charge sheet is filed before the competent Court against him on charges of corruption, embezzlement or criminal misappropriation of Government money; (d) where there is prima facie evidence of gross dereliction of duty against him." (2) A Government servant shall be deemed to have been placed under suspension by an order of appointing authority(a) with effect from the date of his detention, if he is detained in custody, whether on a criminal charge or otherwise, for a period exceeding forty-eight hours; (b) with effect from the date of his conviction, if in the event of a conviction for an offence, he is sentenced to a term of imprisonment exceeding forty-eight hours and is not forthwith dismissed or removed or compulsorily retired consequent to such conviction. Explanation:- The period of forty-eight hours referred to in clause (b) of this sub-rule shall be computed from the commencement of the imprisonment after the conviction and for this purpose, intermittent periods of imprisonment if any, shall be taken into account."

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v AS: DE 1 E 2005 AUg, AP: 9 sj 2005 Ai : ES ZguAi wg U. GR : 1.

v AS: DE 9 E 98 AP: 3.8.98.

2. v AS: DE 7 E 2003 AP: 12.5.2003. A v Dqv zsgu ESAi Ai g zs CPjU gz P/ ES Zgu dgV V AAzsl Dqv ESUAz z CjPz PU U GTv AP: 3.8.98 v 12.5.2003g vU PAz iUaU qVv. CzgAi Ai Dqv ESAi PAPV j P gAP, q JAzg U ES ag Cz qz Zgu q U MAz wiP Az U DgU jtz zguU CAzs 1 jAz 4 zr, F zguU Dv CPjAi zqvAz PgP GAmVg , GAXg PAi, P, AiU V Cr zRUAU

jtz Ai A v Dqv zsgu ESU PPAz U Ai w CAag CPjU gzz Pz Ai P AavVAi PPAz ZU qVv. 2. U g j ZU rzg F ZU Dqv ESU z P vU/ zgU AixvV D ESU Pwgz PAq Az. Aq vU iUaU Dqv ESU UAgV vUzPw. F jw UAgV vUzPz U CUvV W Pz v g q U Pz Zgu q vqPUzg evU Dvg gzz zguU zUw. F Ai Aq vU wg ZU gZjv F PPAq ZU U Dqv ESU U jPAz U Ez z CPjU gV dggVgvgAz CAvg gz P dgVUzAz rVz. CUv v g U DUzz A vqUl V Av t gz PPq U iv Pj wiz. 3. DzjAz PgtU D ESU U AP: 3.8.98 v 12.5.2003g vU wg ZU zg evU F PPAq CAU PlmV vPz. 1. Dqv ESAi /Ravz zguU Pgq vAiij Czg CPjAi JVg zqvAi gu, zj zqvAz Aii AiU/ P GAXVgvz JAz V wP. 2. Dqv ESU D ESU Ai P AAzsl ag CzAi qz PP. 3. zg Ev AiizU AixvV D ESU Pgz. CAv zgU U AAzsl ES Rg g/ CAi qz Dqv ESAi CAizAU PP. 4. wAi CAag CPjU gz PgtU P ESU Aiiz A iqgz. U PUUAi U .D.. ESU Pz v CAv ZguAi PwAi jzz AP dggz Pgg/ CPjU Ugw CgU gz P dgVUz. 5. PjAiiz .D.. ESAi Ai PjvAv Aiiz tAi Cx Pgt Dqv ESUU az AzsU CAv Pz U Dqv ESU z qzU Cx .D.. ESAi P /nQ jwAi ntU P Zgu QAiAi A iqz UAgV jUt dggz CPjU gz P dgVUvz. 6. Pgtz Aiiz Avz / Pgt/GvgU D ESU P vz ES PAizAig CzAi qAiP. 7. Dqv ESU Ai D ESU PU zguAi CAzs 3 g g J zRU PP. U EAv zRU MAz wAi Dqv ESAi GPz. Pgt CAwU vP zRU Dqv ESUU AwgVU. 4. F wz iUaU Cjz Ctz Pz U A v Dqv zsgu ESU Pz PAq Az CAv Ctz

Ai Aii lz CPjAz A v Dqv zsgu ESU PnzAi CAv CPjU gz zs PAiz/ PAiz/ Cg PAiz/ PAiz/ G PAiz/ C PAizU jzAv gV P gAqz JAzV F P AAzslgjU wz. 5. F vAi i R AwAig Cz gU grVz. P. P. Pgz R PAiz. GOVERNMENT OF KARNATAKA No.DPAR 1 SDE 2005 Karnataka Government Secretariat, Vidhana Soudha Bangalore, dated: 9th February 2005. CIRCULAR Sub:Furnishing incomplete information/records while recommending for initiating Departmental Enquiries-reg. (ii) Circular No. DPAR 7 SDE 2003 dated 12-5-2003. In the Circulars dated 3-8-1998 and 12-5-2003 cited above, certain guidelines were issued indicating the procedure to be followed by the Administrative Departments concerned before sending proposals for initiating disciplinary action/departmental enquiry against the officers coming under the purview of DPAR. As per these instructions the departments with the approval of the Ministers concerned should come to a conclusion as to whether departmental enquiry should be initiated or not; thereafter articles of charges with Annexures I to IV including specific and definite articles of charges should be prepared; these articles of charges should clearly indicate the loss caused to Government as a result of the misconduct of the accused officer, the Act/Law/Rule violated should be clearly mentioned and the complete proposal with all the original documents should be sent to DPAR. It was also indicated in these circulars that proposals for taking disciplinary action against officers who are on the verge of retirement should be sent well in advance. 2. Inspite of repeated and clear instructions as above, it is found that the administrative departments are not complying with these instructions but are sending papers/allegations to the DPAR without examining them. The administrative departments have not taken the above mentioned circulars seriously. Consequently there is protracted correspondence between the departments and departmental enquires are not initiated in time; the charges against the officers also get weakened. In this background, while reiterating the above mentioned circulars, the attention of the administrative departments is drawn to the following instructions and it is clarified that disciplinary action will be taken against those officers who do not comply with these instructions. With a view to prevent unnecessary correspondence and to avoid delay, it has been decided to receive only such proposals which are complete in all respects as indicated above. 3. Therefore, while sending the proposals regarding disciplinary cases to DPAR in addition to complying with the instructions contained in the Circulars dated 3-8-98 and 125-2003, the following instructions also should be adhered to:

Ref:-(i) Circular No. DPAR 9 SDE 98 dated 3-8-98.

1. The administrative departments should prepare specific/definite articles of charges indicating therein a clear statement of the misconduct, the Rule/Law which has been violated as a result of the misconduct. 2. The administrative departments should obtain the approval of the Ministers concerned before sending proposals to DPAR. 3. Complaints or allegations against the officers should not be sent to DPAR without examination. Such allegations/complaints should be sent to DPAR after obtaining the report/opinion of the Head of the Department concerned and with the definite opinion of the Department. 4. The departments should not delay the proposals relating to the officers who are about to retire. If such proposals are sent to DPAR at the last moment and the enquiry becomes time-barred, the officers/officials responsible for delay will have to be identified and action will be taken against them. 5. In cases where the DPAR conveys a decision or seeks clarifications from the departments, the administrative departments should not send notes to DPAR questioning or commenting on the stand of DPAR or giving direction to DPAR thereby delaying the process. Action will have to be taken against the officers responsible for such notes/replies and consequent delays. 6. At any stage of the enquiry, before sending proposals/clarifications/replies to DPAR the approval of the Secretary of the Department concerned should invariably be obtained. 7. While sending the disciplinary cases to the DPAR the departments should send all the documents mentioned in Annexure-III in original. The departments should keep a copy of the documents with them. The original documents may not be returned to the departments until the departmental enquiry is completed. 4. If it is noticed that incomplete proposals are sent to DPAR in violation of the above mentioned instructions, disciplinary action will have to be taken against the officers including Principal Secretary/Secretary/ Addl. Secretary/ Joint Secretary/ Deputy Secretary/ Under Secretary who send such incomplete proposals to DPAR. 5. This Circular is issued with the approval of the Hon'ble Chief Minister. K.K. Misra Chief Secretary.

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