Appeal aganist orders imposing penalties

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.