GOVERNMENT OF KARNATAKA
CONFIDENTIAL Karnataka Government Secretariat,
No.DPAR 11 SSR 77. Vidhana Soudha,
Bangalore, Dated the 5th July 1977.
OFFICIAL MEMORANDUM
Sub:- Suspension of Government servants involved in misappropriation cases etc.- Revocation of Instruction regarding the..
CONFIDENTIAL Karnataka Government Secretariat,
No.DPAR 11 SSR 77. Vidhana Soudha,
Bangalore, Dated the 5th July 1977.
OFFICIAL MEMORANDUM
Sub:- Suspension of Government servants involved in misappropriation cases etc.- Revocation of Instruction regarding the..
It has come to the notice of the Government that a number of Government servants who are alleged to be involved in cases of misapropriation embezzlement of Government money or corruption have been placed / continued under suspension for a number of years for the reason that disciplinary proceedings or criminal charges / proceedings are pending against them. The question whether suspension of such Government servants can be
revoked and they could be reinstated in service at any time before termination of the disciplinary or criminal proceedings pending against them, has been examined.
2. The circumstances in which Government servants may be placed under suspension have been indicated in Confidential O.M. No. GAD 21 SSR 65 dated 26th February 1965 as guidelines. The circumstances in which Government servants are mandatorily required to be placed under suspension are indicated in rule 10(2) of the C.C.A. Rules and rules 101 and 102 of the Karnataka Civil Services Rules. Under sub-rule (5) of rule 10 of the C.C.A. Rules, an order of suspension made or deemed to have been made under this rule is absolute.
3. In cases where criminal proceedings against Government servants for misappropriation, corruption or embezzlement of Government money are pending in courts or disciplinary proceedings in respect of these matters are pending for a number of years and are likely to drag on, there is no objection to consider the circumstances of each case and decide whether the order of suspension may be revoked and the Government servant given a posting to a place where it will not involve handling of any Government money or where there is no scope for corruption. While taking a decision, it should also be examined whether there is any likelihood of the Government Servant tampering with any evidence or influencing any witnesses if he is reinstated. The seriousness of the charge against the Government servant in the criminal or disciplinary case should also be taken into account.
4. All appointing authorities and officers authorised to place Government servants under suspension may review the cases of suspension of Government servants accordingly. These instructions however, do not apply to cases where Government servants have been placed under suspension on charges other than misappropriation, embezzlement of Government money or corruption.
revoked and they could be reinstated in service at any time before termination of the disciplinary or criminal proceedings pending against them, has been examined.
2. The circumstances in which Government servants may be placed under suspension have been indicated in Confidential O.M. No. GAD 21 SSR 65 dated 26th February 1965 as guidelines. The circumstances in which Government servants are mandatorily required to be placed under suspension are indicated in rule 10(2) of the C.C.A. Rules and rules 101 and 102 of the Karnataka Civil Services Rules. Under sub-rule (5) of rule 10 of the C.C.A. Rules, an order of suspension made or deemed to have been made under this rule is absolute.
3. In cases where criminal proceedings against Government servants for misappropriation, corruption or embezzlement of Government money are pending in courts or disciplinary proceedings in respect of these matters are pending for a number of years and are likely to drag on, there is no objection to consider the circumstances of each case and decide whether the order of suspension may be revoked and the Government servant given a posting to a place where it will not involve handling of any Government money or where there is no scope for corruption. While taking a decision, it should also be examined whether there is any likelihood of the Government Servant tampering with any evidence or influencing any witnesses if he is reinstated. The seriousness of the charge against the Government servant in the criminal or disciplinary case should also be taken into account.
4. All appointing authorities and officers authorised to place Government servants under suspension may review the cases of suspension of Government servants accordingly. These instructions however, do not apply to cases where Government servants have been placed under suspension on charges other than misappropriation, embezzlement of Government money or corruption.
sd/-
N.P.Joshi,
Deputy Secretary to Government,
DPAR (Service Rules).
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