Tuesday, July 12, 2011

Karnataka Civil Services (Classification, Control & Appeal) Rules, 1957 - further clarification regarding second show cause notice.

GOVERNMENT OF KARNATAKA
No.DPAR 8 SDE 82 Karnataka Government Secretariat,
Vidhana Soudha,
Bangalore, Dated the 17th July 1982.

CIRCULAR

Sub:- Karnataka Civil Services (Classification, Control & Appeal) Rules, 1957 - further clarification regarding second show cause notice.

Ref:- Circular No.DPAR 8 SDE 82 dated 28-4-1982.

In the circular dated 28-4-1982 referred to above, it was clarified, among others, that before passing final orders imposing any of the penalties specified in clauses (v) to (viii) of rule 8 of the Karnataka Civil Services (Classification, Control & Appeal) Rules, 1957 on a Government servant, a copy of the Inquiry Officer's report should be given to the Government servant thus providing him an opportunity of showing cause why the findings recorded by the Inquiry Officer in his report should not be accepted.
2) This matter has been further examined and the following further clarifications are issued:
(i) In a case where the Disciplinary Authority proposes to disagree with the findings of the Inquiry Officer on all or any of articles of charge, the findings of the disciplinary authority specifying reasons for such disagreement may also be communicated together with a copy of the Inquiry Officer's report to the Government servant.
(ii) When an inquiry has been conducted by the Viglance Commission under Rule 14-A of the Karnataka Civil Services (Classification, Control & Appeal) Rules, 1957 and report of the Inquiry Officer's and the recommendations of the Vigilance Commission are received by the Government, a copy of recommendations of the Vigilance Commissioner should also be supplied along with a copy of Inquiry Officer's report to the Government servant.
3) The Secretaries of Government and the Heads of Departments are requested to bring the above instructions to the notice of all Disciplinary Authorities/Appointing Authorities under their control.

sd/-
A.H.Someshwar,
Deputy Secretary to Government,
Dept. of Personnel & Admnv. Reforms,
(Service Rules).

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