GOVERNMENT OF MYSORE
No.GAD 6 SIN 62 Mysore Government Secretariat,
Vidhana Soudha,
General Administration Department (Services -2),
Bangalore, dated 2nd April 1963.
Chaitra 12 Saka Era 1885.
OFFICIAL MEMORANDUM
Sub: Orders of dismissal, removal or compulsory retirement of Government Servants from service set aside by Courts - Issue instructions for guidance of competent authorities.
No.GAD 6 SIN 62 Mysore Government Secretariat,
Vidhana Soudha,
General Administration Department (Services -2),
Bangalore, dated 2nd April 1963.
Chaitra 12 Saka Era 1885.
OFFICIAL MEMORANDUM
Sub: Orders of dismissal, removal or compulsory retirement of Government Servants from service set aside by Courts - Issue instructions for guidance of competent authorities.
It has been brought to the notice of Government that in many cases there has been undue delay on the part of competent authorities in taking appropriate action whenever an order dismissing, removing or compulsorily retiring a Government servant from service has been set aside by the Courts. Delays in such cases are not excusable. In order to ensure that delays in such matters do not occur, Government are pleased to issue the following instructions for the guidance of competent authorities.
2. According to sub-rule (4) of rule 10 of the Mysore Civil Service (Classification, Control & Appeal) Rules, 1957, when a penalty of dismissal, removal or compulsory retirement from service imposed on a Government servant is set aside or declared to render void in a consequence of a decision of a court of law, if the Disciplinary Authority, on a consideration of the circumstances of the case, decides to hold a further enquiry, the Government servant shall be deemed to have been placed under suspension by the Appointing Authority from the date of the original order of dismissal, removal or retirement and shall continue to remain under suspension until further orders. Consequently, the question of reinstatement of the concerned Government Servant should be decided after considering the feasibility of holding a fresh or a further enquiry into the matter. There may be cases where the competent authority finds that it is not expedient to hold a fresh or further enquiry because by lapse of time, evidence which was originally
available is not longer available. In such cases, a decision should be taken, and where the original order had been the subject matter of an appeal to a higher authority with the approval of that authority, and the Government servant should be reinstated as soon as possible after the orders of the Court.
3. In cases where it is decided to hold a fresh or a further enquiry, it is open to the competent authority to reinstate the Government servant concerned if his continuance on duty would not prejudice the fresh or further enquiry so instituted or the gravity of the misconduct is not such as to be in-expedient in public interests to allow him to hold office. The important question will be whether in the light of the charges, the Govt. servant may be allowed to function in office or should be continued under suspension. Any decision for reinstatement depends on the decision of the competent authority on this question.
4. Where an appeal is preferred against the decision of the Court no action should be taken under these instructions except with the approval of the Government.
5. The above instructions should be followed scrupulously and no delay should be allowed to occur between the date of the direction of a Court and action by the competent authority consequent upon the decision.
Sd/-
K.Narayanaswamy,
Chief Secretary to Government.
2. According to sub-rule (4) of rule 10 of the Mysore Civil Service (Classification, Control & Appeal) Rules, 1957, when a penalty of dismissal, removal or compulsory retirement from service imposed on a Government servant is set aside or declared to render void in a consequence of a decision of a court of law, if the Disciplinary Authority, on a consideration of the circumstances of the case, decides to hold a further enquiry, the Government servant shall be deemed to have been placed under suspension by the Appointing Authority from the date of the original order of dismissal, removal or retirement and shall continue to remain under suspension until further orders. Consequently, the question of reinstatement of the concerned Government Servant should be decided after considering the feasibility of holding a fresh or a further enquiry into the matter. There may be cases where the competent authority finds that it is not expedient to hold a fresh or further enquiry because by lapse of time, evidence which was originally
available is not longer available. In such cases, a decision should be taken, and where the original order had been the subject matter of an appeal to a higher authority with the approval of that authority, and the Government servant should be reinstated as soon as possible after the orders of the Court.
3. In cases where it is decided to hold a fresh or a further enquiry, it is open to the competent authority to reinstate the Government servant concerned if his continuance on duty would not prejudice the fresh or further enquiry so instituted or the gravity of the misconduct is not such as to be in-expedient in public interests to allow him to hold office. The important question will be whether in the light of the charges, the Govt. servant may be allowed to function in office or should be continued under suspension. Any decision for reinstatement depends on the decision of the competent authority on this question.
4. Where an appeal is preferred against the decision of the Court no action should be taken under these instructions except with the approval of the Government.
5. The above instructions should be followed scrupulously and no delay should be allowed to occur between the date of the direction of a Court and action by the competent authority consequent upon the decision.
Sd/-
K.Narayanaswamy,
Chief Secretary to Government.
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