GOVERNMENT OF KARNATAKA
No.DPAR 12 SDE 82 Karnataka Government Secretariat,
Vidhana Soudha,
Bangalore, Dated : 13th April 1982.
CIRCULAR
Sub:- Departmental proceedings aganist Government servants placed under suspension- Delay in instituting
Ref:- i) O.M.No. GAD 21 SSR 65, dated 26.2.1965
ii) O.M.No. DPAR 11 SSR 77, dated 5.7.1977
iii) O.M.No. DPAR 59 SDE 81, dated 17.12.1981
No.DPAR 12 SDE 82 Karnataka Government Secretariat,
Vidhana Soudha,
Bangalore, Dated : 13th April 1982.
CIRCULAR
Sub:- Departmental proceedings aganist Government servants placed under suspension- Delay in instituting
Ref:- i) O.M.No. GAD 21 SSR 65, dated 26.2.1965
ii) O.M.No. DPAR 11 SSR 77, dated 5.7.1977
iii) O.M.No. DPAR 59 SDE 81, dated 17.12.1981
Rule 10 of the Karnataka Civil Services (Classification, Control & Appeal) Rules, 1957, provides for placing a Government servant under suspension, when, among other things, disciplinary proceedings aganist him are contemplated. This is only an enabling provision. Whether in individual cases where disciplinary proceedings are proposed Government servant should be suspended or not should be determined with reference to the guidelines contained in the O.M cited at (i) above. But once a decision is taken to suspend a Government servant for the reason that disciplinary proceedings are proposed to be instituted, it is imperative to ensure that the disciplinary proceedings are instituted without delay in the official memoranda cited at (ii) and (iii) above detailed instructions have been issued for review of cases of suspension. The Central idea of these instructions are that there should not be prolonged suspension which have, apart from adverse effects on the Government servants concerned, serious financial implications also.
2) In a recent cases a Government servant was placed under suspension but no-action was taken to institute disciplinary proceedings for over nine months. When the aggrieved Government servants filed a Writ Petition, the Court was constained to direct the authorty concerned to take the Government servant back to duty.
3) Government, therefore, direct that when a Government servant is placed under suspensions pending institution of disciplinary proceedings, action to institute such proceeding should be taken within a period of three months from date of suspension. In complicated cases involving detailed investigation etc. that time may be extended upto to total period of six months.
4) Secretaries to Government and Heads of Departments should seriously view failure to comply with these instructions and take appropriate action aganist those responsible.
2) In a recent cases a Government servant was placed under suspension but no-action was taken to institute disciplinary proceedings for over nine months. When the aggrieved Government servants filed a Writ Petition, the Court was constained to direct the authorty concerned to take the Government servant back to duty.
3) Government, therefore, direct that when a Government servant is placed under suspensions pending institution of disciplinary proceedings, action to institute such proceeding should be taken within a period of three months from date of suspension. In complicated cases involving detailed investigation etc. that time may be extended upto to total period of six months.
4) Secretaries to Government and Heads of Departments should seriously view failure to comply with these instructions and take appropriate action aganist those responsible.
sd/-
M.K.Venkateshan,
Additional Chief Secretary.
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