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.
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 sub-rule (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.
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 sub-rule (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).
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