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.
Ref:-1. O.M. No. GAD (OM) 3 CAR 57, dated 14.12.1957.
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.
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.
Ref:-1. O.M. No. GAD (OM) 3 CAR 57, dated 14.12.1957.
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.
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.
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.
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.
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