GOVERNMENT OF KARNATAKA
No.DPAR 28 SSR 77. Karnataka Government Secretariat,
Vidhana Soudha,
Bangalore, Dated 28th July 1977.
CIRCULAR
No.DPAR 28 SSR 77. Karnataka Government Secretariat,
Vidhana Soudha,
Bangalore, Dated 28th July 1977.
CIRCULAR
The Proviso to rule 8 of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957, reads as follows:-
"Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the order of the disciplinary authority no penalty other than those specified in clauses (vi) to (viii) shall be imposed for an establishment charges of corruption".
For the purpose of the proviso the expression "corruption" is defined in Explanation-1.
Clarifications have been sought whether "Mis-appropriation" by a Government servant amounts to corruption. It is hereby clarified that such misappropriation amounts to a criminal mis-conduct within the meaning of clauses (c) and (d) of the sub-section (1) of section 5 of the Prevention of Corruption Act, 1947 (Central Act 2 of 1947) and is therefore, covered by the definition of corruption in explanation 1 below rule 8 of the Classification, Control and Appeal Rules, An extract of sub-section (1) of section 5 of the Act is enclosed for reference.
The Secretaries to Government, Heads of Departments and other Appointing and Disciplinary Authorities are requested to take note of the above position while dealing with such cases.
"Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the order of the disciplinary authority no penalty other than those specified in clauses (vi) to (viii) shall be imposed for an establishment charges of corruption".
For the purpose of the proviso the expression "corruption" is defined in Explanation-1.
Clarifications have been sought whether "Mis-appropriation" by a Government servant amounts to corruption. It is hereby clarified that such misappropriation amounts to a criminal mis-conduct within the meaning of clauses (c) and (d) of the sub-section (1) of section 5 of the Prevention of Corruption Act, 1947 (Central Act 2 of 1947) and is therefore, covered by the definition of corruption in explanation 1 below rule 8 of the Classification, Control and Appeal Rules, An extract of sub-section (1) of section 5 of the Act is enclosed for reference.
The Secretaries to Government, Heads of Departments and other Appointing and Disciplinary Authorities are requested to take note of the above position while dealing with such cases.
sd/-
N.P.Joshi,
Deputy Secretary to Government,
Dept. of Cabinet Affairs & Dept. of
Personnel & Administrative Reforms,
(Service Rules).
Extract of sub-section (1) of Section 5 of the Prevention of Corruption Act (Act No. II of 1947).
5. Criminal Misconduct in discharge of official duty:-
1. A public servant is said to commit the offence or criminal misconduct in the discharge of his duty.
(a) if he habitually accepts or obtains or agrees to accept or attempts to obtain from any person for himself or for any other person, any gratification (other than legal remuneration) as a motive or reward such as is mentioned in section 161 of the Indian Penal Code; or
(b) if he habitually accepts or obtains or agrees to accept or attempts to obtain for himself or any other person, any valuable thing without consideration or for a consideration which he knows to be inadequate, from any person whom he knows to have been, or to be, or to be likely to be concerned in any proceeding or business transacted or about to be transacted by him, or having any connection with the official functions of himself or of any public servant to whom he is subordinate, or from any person whom he knows to be interested in or related to the person so concerned; or
(c) if he dishonestly or fradulently misappropriate or otherwise converts for his own use any property entrusted to him or under his control as a public servant or allows any other person so to do; or
(d) if he, by corrupt or illegal means or by otherwise abusing his position as public servant, obtains for himself or for any other person any valuable thing or pencuniary advantage,
(e) if he or any person on his behalf is in possession or has, at any time during the period of his office, been in possession, for which the public servant cannot satisfiactorily account, of pecuniary resources or property disproportionate to his known sources of income.
(3) Vigilance Commission - Reference of - Complaints, Allegations against the Gazetted Officer to the by Heads of Departments - Clarification regarding.
Cir. No. DCA 16 ARB 77, dated 24th November 1977.
Clarification has been sought on whether Heads of Departments can refer complaints or Allegations aganist Gazetted officers to the Vigilance Commission for investigation.
The Question has been examined. Normally, complaints or allegations to be referred to the Vigilance Commission should be such as would necessitate imposition of a major punishment if, on investigation they are proved to be true. As Government are the appointing authority in respect of all Gazetted Officers, such punishments can be imposed on them only by Government. It has accordingly been decided that Heads of Departments should send necessary proposals to Government in the Administrative Department concerned whenever they consider that any compliant or allegation against a Gazetted Officer should be investigated into by the Vigilance Commission.
5. Criminal Misconduct in discharge of official duty:-
1. A public servant is said to commit the offence or criminal misconduct in the discharge of his duty.
(a) if he habitually accepts or obtains or agrees to accept or attempts to obtain from any person for himself or for any other person, any gratification (other than legal remuneration) as a motive or reward such as is mentioned in section 161 of the Indian Penal Code; or
(b) if he habitually accepts or obtains or agrees to accept or attempts to obtain for himself or any other person, any valuable thing without consideration or for a consideration which he knows to be inadequate, from any person whom he knows to have been, or to be, or to be likely to be concerned in any proceeding or business transacted or about to be transacted by him, or having any connection with the official functions of himself or of any public servant to whom he is subordinate, or from any person whom he knows to be interested in or related to the person so concerned; or
(c) if he dishonestly or fradulently misappropriate or otherwise converts for his own use any property entrusted to him or under his control as a public servant or allows any other person so to do; or
(d) if he, by corrupt or illegal means or by otherwise abusing his position as public servant, obtains for himself or for any other person any valuable thing or pencuniary advantage,
(e) if he or any person on his behalf is in possession or has, at any time during the period of his office, been in possession, for which the public servant cannot satisfiactorily account, of pecuniary resources or property disproportionate to his known sources of income.
(3) Vigilance Commission - Reference of - Complaints, Allegations against the Gazetted Officer to the by Heads of Departments - Clarification regarding.
Cir. No. DCA 16 ARB 77, dated 24th November 1977.
Clarification has been sought on whether Heads of Departments can refer complaints or Allegations aganist Gazetted officers to the Vigilance Commission for investigation.
The Question has been examined. Normally, complaints or allegations to be referred to the Vigilance Commission should be such as would necessitate imposition of a major punishment if, on investigation they are proved to be true. As Government are the appointing authority in respect of all Gazetted Officers, such punishments can be imposed on them only by Government. It has accordingly been decided that Heads of Departments should send necessary proposals to Government in the Administrative Department concerned whenever they consider that any compliant or allegation against a Gazetted Officer should be investigated into by the Vigilance Commission.
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