Tuesday, July 12, 2011

Note on the procedure to be followed at the Secretariat level in handling cases coming under Rule 14-A of the K.C.S.(Classification,Control and Appeal

Note on the procedure to be followed at the Secretariat level in handling cases coming under Rule 14-A of the K.C.S. (Classification, Control and Appeal) Rules, 1957.
PART I. Action on the report of Investigation.
1. On receipt of the report of investigation with the opinion of the Vigilance Commissioner or of any officer of the Vigilance Commission authorised by the Vigilance Commissioner in writing under Rule 6(2) of the Karnataka State Vigilance Commission Rules, 1965, a decision has to be taken by Government in the Administrative Secretariat on the nature of disciplinary proceedings to be commended whether, having regard to the
facts and circumstances of the cases and recommendation, if any, of the Vigilance Commissioner and the alleged mis-conduct, whether if proved, it would call for imposition of a minor penalty or a major penalty.
(a) (i) If it is a decided that imposition of a minor penalty would be sufficient and the number of Government servants involved is only one, the appropriate Disciplinary Authority in relation to the Government servant involved in the case may be directed to take action against him under rule 12 of the Rules.
(ii) If it is decided that imposition of a minor penalty is sufficient, but the number of Government servants involved is more than one, Government in the concerned Administrative Secretariat should order a joint enquiry in accordance with rule 13. While ordering the joint enquiry the Disciplinary Authority in relation to the Government Servant highest in rank should be nominated as the Disciplinary Authority, specifying therein that such Disciplinary Authority would be competent to impose any of the minor penalties on all the Government servants involved in the case after following the procedure under Rule 12 (vide O.M. No. GAD 63 SSR 74) dated 3.12.1974.
(b) If, on the other hand, a conclusion is reached that imposition of a major penalty is warranted, the Vigilance Commission may be directed to hold a detailed enquiry under rule 11 of the Rules.
Note:- If the decision proposed to be taken either under clauses (a) or (b) of this para is inconsistant with the recommendation of the Vigilance Commissioner orders of the Cabinet should be obtained.
PART II. Action on the report of Inquiry.
2. On receipt of the report of inquiry, from the Vigilance Commissioner, if a case referred to in clause (b) of para 1 it has to be processed under rule 11-A. It should be determined whether any further enquiry on any point or on any matter is necessary. If so, the case may be remitted for further enquiry into that point or matter. Otherwise, the following steps should be taken.
(a) Findings of the Government should be recorded on the articles of charge inquired into by the Inquiring Authority. If Government disagree with any of the findings of the Inquiry Authority, its findings should be recorded accordingly with brief reasons for the disagreement.
(b) If Government, having regard to the findings of all or any of the articles of charges, is of the opinion that any of the minor penalties specified in clause (ii) to (iv) of rule 8 should be imposed on the Government servant, it should straightaway issue an order imposing such penalty. Consulation with the P.S. Commission before imposing a minor penalty by Government is not necessary. Orders passed by the Government should be communicated to the Government servant who should be supplied with a copy of the report of enquiry, a copy of the findings of Government on each of the articles of charge; and a copy of the recommendation of the Vigilance Commissioner.
(c) If on the other hand it is decided to impose having regard to the findings of all or any of the articles of charges, any of the penalties mentioned in clause (v) to (viii) of rule 8, then-
**(i) A notice may be issued stating the penalty proposed to be imposed on him and calling upon him to submit within 15 days of the receipt of the notice, such representation as he may wish to make on the proposed penalty. Copies of the report of inquiry the findings on each of the articles of charges the brief reasons for disagreement, if any, with the findings of the inquiring Authority and the recommendation of the Vigilance Commissioner, should also be furnished to the Government servant alongwith the notice.
Note:- If the findings of Government under sub-paras (a), (b) or (c) of this para are inconsistent with the recommendation of the Vigilance Commissioner, orders of the Cabinet should be obtained.
(ii) On receipt of the reperesentation, if any, from the Government servant, the record of enquiry together with the notice issued to theGovernment servant and the representation of the Government servant with reference to the notice should be sent to the Karnataka Public Service Commission for advice.
(iii) On receipt of the advice of the Commission orders should be passed by Government determining the penalty if any to be imposed on the Government servant and any other order as order as deemed fit. If the final orders proposed to be passed are at vary once with the advice of the Public Service Commission, orders of the Cabinet should be obtained.
3. Orders passed by the Government should be communicated to the Government servant as required by rule 12-A.
**Note:- The procedure of issuing Second Show cause notice is not required to be followed in cases of inquiries after 15-1-77 in view of amendment of rule 11-A of C.C.A. Rules.

sd/-
Section Officer, DPAR (SR-C)

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