Disciplinary action against Government Servants.

O.M.No.GAD(S-1) 86 RSR 58, dated 21st November 1958
Sub:- Disciplinary action against Government Servants.

Sub-rule (9) of Rule 11 of the Mysore Civil Services (C.C&A) Rules 1957, provides that the disciplinary authority shall, if it is not Inquiring authority, consider the record of
the inquiry and record its findings on each charge. Further sub-rule 10(1) requires that if the disciplinary authority, having regard to its findings on the charges, is of the opinion that any of the penalties specified in clauses (v) to (viii) of Rule 8 should be imposed, it shall give to the accused Government servant a notice stating the action proposed to be taken in regard to him and asking him to show cause, within a specified time, why the action proposed to be taken against him should not be taken. The disciplinary authority is required, at the same time, to furnish to the Government servant a copy of the Inquiring authority's report and, where the disciplinary authority is not the Inquiring authority, a statement of its findings together with brief reasons for disagreement, if any with the findings of the Inquiring authority. Regulation 5 of the Mysore Public Service Commission (Consultation) Regulations, 1958, classifies the cases in which the disciplinary authority should consult the Commission before passing final orders. The question has been raised whether it is necessary under the provisions of the Constitution that at the conclusion of the enquiry, the disciplinary authority should record its findings on each charge before issuing a show cause notice on the delinquent Government servant and whether the Public Service Commission should be consulted only once before passing the final orders after receipt of reply to the show cause notice or twice. Once before issuing the show cause notice to the accused Government servant and again before passing final orders in the matter. It is hereby clarified that the disciplinary authority should record its provisional findings on each charge before calling on the Government servant to show cause why any of the penalties specified in clauses (v) to (viii) of Rule 8 of the Mysore Civil Services (C.C.& A) Rules should not be imposed on him and that a reference to the Public Service Commission where necessary, should be made only after service of show cause notice on the accused Government servant and receipt of his reply, if any, thereto. The disciplinary authorities are requested to bear this requirement under the provisions of the Constitution as any lapse on their part is likely to vitiate the proceedings in the cases of disciplinary matters.