Tuesday, July 12, 2011

Appeal Petitions / Review Petitions to the Governor - Disposal of - Procedure to be followed in respect of.

GOVERNMENT OF KARNATAKA
CONFIDENTIAL Karnataka Government Secretariat,
No.GAD 2 SSR 76 Vidhana Soudha,
Bangalore, Dated 15th March 1976.

OFFICIAL MEMORANDUM

Sub:- Appeal Petitions / Review Petitions to the Governor - Disposal of - Procedure to be followed in respect of.

Under rules 18, 19 and 26 of the Karnataka Civil Services (CCA) Rules, 1957 appeals/review petitions in the types of cases specified therein can be preferred to the Governor who has to pass orders on them on the advice of the Council of Ministers. What constitutes advice of the Council of Ministers in such cases has been made clear in the U.O. (Confidential) Note No. GAD 14 SSR 71, dated 16.4.1971, the relevant extract of which is as follows:-
"powers exercisable by the Governor under the C.C.A. Rules are required to be exercised by the Governor himself. But in the exercise of such powers the Governor has to act on the advice of the Council of Ministers. The Government Rules of Business made under article 166(3) of the Constitution regulates when an advice may be regarded as the advice of the Council of Ministers. It is not necessary in every case that the whole Council of Ministers should consider the matter to advice the Governor. When according to the Rules of Business a particular item of business is allocated
to an individual Minister, the action by him in regard to it is action of the Council of Minsters and advice, if any, tendered by such individual Minister is advice of the Council of Ministers. This is the Constitutional position-vide A.I.R. 1963 S.C.395-Bachinder Singh Vs. State of Punjab."
2. It is observed in some cases that the Secretariat Departments are not following the above mentioned correct procedure in the matter of obtaining and submitting the advice of the Council of Ministers to the Governor. Such cases should therefore, be submitted to the Governor with a summary note, only after obtaining the orders of the concerned Minister. If, however according to the Second or Third Schedule to the Karnataka Government Rules of Business a case is required to be placed before the Cabinet or the Chief Minister, the case shall be submitted to the Governor only after obtaining the orders of the Cabinet or the Chief Minister, as the case may be.
3. The Secretaries to Government are requested to ensure that this procedure is scruplusously followed in all such cases.

sd/-
M.Sankaranarayan,
Add. Secretary to Government,
Generay Administration Department

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