Tuesday, July 12, 2011

Departmental Inquiry - Appointing Deputy Commissioners of Inquiries or Assistant Commissioners of Inquiries of Karnataka State Vigilance Commission

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).

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