GOVERNMENT OF KARNATAKA
No.DPAR 17 SSR 80. Karnataka Government Secretariat,
Vidhana Soudha,
Bangalore, Dated 28th April 1980.
CIRCULAR
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.
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.
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