Instruction under rule 59 of the Karnataka Civil Services Rules - Further clarifications regarding.

GOVERNMENT OF KARNATAKA
No.FD 17 SRS 78. Karnataka Government Secretariat,
Vidhana Soudha,
Bangalore, Dated 28th Sept. 1978.

OFFICIAL MEMORANDUM

Sub:- Instruction under rule 59 of the Karnataka Civil Services Rules - Further clarifications regarding.

In O.M. No. FD 92 SRS 60 dated 1.12.1960, instructions were issued directing interlia that in cases where a Government servant is reduced to a particular stage, his pay will remain constant at that stage for the entire period of reduction. The tenability of these directions in the context of the powers conferred on the competent authorities under the Karnataka Civil Services (C.C.A) Rules has been examined by Government. Under the provisions of the Karnataka Civil Services (C.C.A) Rules, a competent authority can impose on a Government servant the penalty of reduction of pay to lower stage or that of withholding increments in the time scale or both. It follows that such punishments have to be imposed only as a result of a departmental enquiry held against a Government Servant. The directions contained in the Official Memorandum dated 1.12.1960 referred to above would mean that although the competent authority had imposed a penalty of only reduction of pay to a lower stage in a time-scale, the Government servant concerned will not draw annual increments during the period of reduction. Since this constitutes a penalty, it has to be ordered only by the competent authority on the conclusion of a departmental enquiry. It is, therefore, hereby directed that the following sentence in clause (a) of the above mentioned instructions shall be deemed to have been withdrawn:-
"Also when a Government servant is reduced to a particular stage, his pay will remain constant at that stage for the entire period of reduction".
It is also directed that the pay and allowances of a Government servant on whom the above penalty has been imposed should be regulated having regard to the directions issued by the competent authority under Rule 8 (iv-a) of the Karnataka Civil Services (C.C.A) Rules, 1957.

sd/-
G.N.Honavar,
Under Secretary to Government,
Finance Department (Expenditure-IV)