important government orders/ official memoranda …dpal.kar.nic.in/kanunu padakosha...

GOVERNMENT OF KARNATAKA

IMPORTANT GOVERNMENT ORDERS/ OFFICIAL MEMORANDA ETC., RELATED TO THE KARNATAKA CIVIL SERVICES

(CCA) RULES, 1957.

From 1956 upto 9-2-2005

DPAL 44 RASAPRA 2006

IMPORTANT GOVERNMENT ORDERS/ OFFICIAL MEMORANDA ETC., RELATED TO THE KARNATAKA CIVIL SERVICES

(CCA) RULES, 1957.

From 1956 upto 9-2-2005

DPAL 44 RASAPRA 2006

Sl. No.

Number and date of communication Subject Page No.

1 Cir. AD 19181-94 SE (AC)

5.12.1956

Procedure in Anti - Corruption cases.

2 G.O. GAD 18 PHS 57 20.3.1957

Prompt transmission of appeals of Government Servants with relevant documents.

3 O.M. GAD (S-1) 80 RSR 57 9.5.1957

Notifying the dismissal of Government servants.

4 O.M. OSD 2 SMR 57 29.6.1957

Procedure for consulting the Public Service Commission in Disciplinary and other matters.

5 G.O. RD 185-RGP 57/2023-26A 17.7.1957

Departmental enquiries-Instuctions for conducting of

6 Cir. GAD (S-1) 25 SSR 57 13.9.1957

Anti-Corruption cases-punishment.

7 O.M. GAD (OM) 9 SMR 57 12.12.1957

Procedure for submission of representation by Government servant.

8 O.M. GAD (OM) 3 CAR 57 14.12.1957

Procedural instructions regarding the holding of Departmental Enquiries under the Mysore civil Services (Classification, Control and Appeal) Rules, 1957.

9 O.M. GAD (S-1) 80 RSR 57 4.1.1958

Preparation and submission of quarterly returns of dismissed Government servants

10 O.M. GAD (S-1) 80 RSR 57 4.2.1958

Quarterly statements of dismissals of Government Servants-forwadal of notification.

11 Cir.GAD 11 GEI 58 30.5.1958 Confidential Records-entries 12 O.M.GAD 27 SSR 58 18.10.1958 Procedure in Disciplinary cases avoidance

of delay.

13 Cir. GAD (51) 38 SSR 58 30.10.1958

Misappropriation of Government money-Enquiry-Procedure for.

14 ADDENDUM Criminal misconduct-Government Servants-Procedure to be followed.

15 Cir. GAD 36 DIF (Int) 58 15.11.1958

States Reorganisation-Provisions as to services-procedure in respect of disciplinary matters.

16 O.M. GAD (S-1) 86 RSR 58 21.11.1958

Disciplinary action against Government Servants.

17 Cir. GAD (S-1) 35 SSR 58 8.1.1959

Instructions regarding the Departmental proceedings against Government servants for misconduct.

18 O.M. GAD 6 OSR 59

25.4.1959 Procedural instructions regarding Departmental Enquiries under the C.C.A. Rules.

19 O.M. GAD 8 OSR 59 18.5.1959

Supply of copies of evidence, etc. to delinquent officers.

20 O.M. GAD (S-1) 23 SSR 59 2.7.1959

"Warning" and "Censure" Distinction between.

21 O.M. GAD (S-1) 44 SSR 59 20.7.1959.

Imposition of penalty of reduction specifying the period.

22 O.M. GAD (S-1) 56 SSR 59 9.10.1959.

Promotion of Government servants whose conduct is under enquiry.

23 O.M.6400/58-15 24.3.1960.

States Reorganisation-Appeals against orders of dismissal, removal or compulsory retirement from service passed by the pre-Reorganised Madras State prior to 1st November 1956-Authority to dispose of-Decisions of the Government of India-Communicated.

24 O.M. GAD 49 DIF 59 8.4.1960

Procedure in respect of Disciplinary matters.

25 G.O. GAD 21 OSR 60. 28.7.1960. Departmental enquiries-Taking the assistance of another Government Servant in presenting his defence.

26 O.M. GAD 35 SSR 60 15.10.1960. Dismissal of Government servants in Public services.

27 O.M. GAD 92 SRS 60 1.12.1960 Clarification regarding Rule 59, Mysore Civil Services Rules.

28 Cir. GAD 59 OAC 61 30.9.1961 Criminal misconduct-Government servants-procedure to be followed.

29 O.M. GAD 12 OSR 61 dt. 25.10.1961

Procedure to be follwed in forwarding investigation papers to the Anticorruption Department.

30 O.M.GAD 14 OSR 61 dt. 13.11.1961

Supply of copies of documents to the delinquent official.

31 Cir. GAD (S-1) 43 SRR 62, dt. 1.6.1962

Clarification in respect of Rule 11(5) of K.C.S(C.C.A) Rules, 1957.

32 O.M.GAD (S-1) 33 SSR 61, dt. 27.6.1962

Failure to follow the prescribed procedure laid down for departmental proceedings against Government servants for misconduct. Issue instructions reg:

33 O.M. GAD 6 SIN 62 dt. 2.4.1963

Orders of dismissal, removal or compulsory retirement of Government servants from service set aside by Courts-Issue instructions for guidance of competent authorities.

34 Cir. GAD 46 OAC 64

dt. 16.6.1964 Requisitions for records required for purposes of investigations and inquiries by officers of the Anti Corruption Department.

35 O.M. GAD 31 SRR 64 dt. 24.11.1964

Instructions regarding preparation and submission of half yearly returns of dismissed Government servants.

36 O.M. GAD 21 SSR 65 dt. 26.2.1965

Public service-circumstances under which a Government servant may be placed under suspension-instructions regarding.

37 O.M. GAD 105 SRR 64, dt. 23.3.1965

Public services-Departmental proceedings against Government servants involved in cases of fraud, embezzlement, loss of Government money etc.,-instructions-

38 O.M. GAD 129 SRR 65 dt. 29.12.1965

Preparation and submission of half yearly returns of dismissed/debarred Government servants-further instructions regard-

39 O.M. GAD 171 SSR 65 dt. 2.2.1966

Departmental enquiries under Rule 14 of the Mysore Civil Services (Classification, Control and Appeal) Rules, 1957-Issues clarifications reg

40 Cir. GAD 18 SSR 66 dt. 2.3.1966

Instructions to officers to offer cooperation in giving evidence, etc., in any Enquiry by Enquiry Officers during enquiry proceedings under C.C.A. Rules and Vigilance Commission Rules.

41 O.M.GAD 80 SSR 65 dt. 11.4.1966 Promotion of Government servants involved in Departmenal Enquiries.

42 Cir. ED 34 RPS 67 dt. 27.4.1967

Letter No. G 6598 dated 15.12.1996 from the Compiler, Mysore Gazette.

43 O.M. GAD 42 PVC 66 dt. 5.8.1967

Stipulation of time limit for completing the Departmental Enquiry entrusted by Government to the State Vegilance Commission.

44 Letter GAD 54 SRR 67 dt. 14/16.9.1967

Continuance of Departmental Proceedings after retirement, Application of new Rule 214 of Mysore Civil Services Rules.

45 O.M. FD 133 SRS 67 dt. 3.1.1968

Withholding/withdrawal of pension under Rule 214 of the Mysore Civil Services Rules.

46 O.M. GAD 25 SSR 68

dt. 26.6.1968 Procedure in disciplinary cases-withholding of increments.

47 O.M. GAD 47 SSR 68 dt. 17.9.1968

Publication of notices in respect of Departmental proceedings against Government servants.

48 O.M. GAD 57 PVC 68 dt. 18.10.1968

Disposal of cases received from the State Vigilance Commission - stipulation of time limit.

49 O.M. GAD 47 SSR 68 dt. 8.1.1969

Publication of notices, etc. in respect of departmental proceedings against Government servants

50 O.M. GAD 7 SSR 69 dt. 25.3.1969

Penalty of reduction-specifying the period

51 O.M. GAD 57 PVC 68 7.6.1969

Disposal of cases received from the Bureau of Investigation of the Vigilance Commission stipulation of time limit.

52 O.M. GAD 42 SSR 69 dt. 25.8.1969

Bar for promotions during the period of penalty.

53 O.M. GAD 26 SSR 72 dt. 23.6.1972

Departmental Enquiries-failure to follow the prescribed procedure.

54 Cir. GAD 29 SSR 72 dt. 4.8.1972

State Vigilance Commission Nature of cases in which investigations and inquiries are to be entrusted to it.

55 O.M. GAD 1 SSR 73 dt. 9.2.1973

Government servants involved in the Departmental enquiries taking assistance of other Government servant.

56 O.M. GAD 18 SSR 73 dt. 2.11.1973

Withholding of increment (s) with cumulative effect-procedure to be followed in imposing the penalty of.

57 G.O. GAD 4 SSR 74 dt. 3.4.1974

Departmental Enquiry Proceedings sanctions remuneration to the presenting officers appointed in the –

58 O.M. GAD 12 SSR 74 dt. 2.5.1974

Withholding of increment (s) with cumulative effect-procedure to be followed in imposing the penalty of -

59 Cir. GAD 47 PVC 74 dt. 1.7.1974

Requisitions for records, reports, etc., required for purpose of investigations and inquiries by the officers of the Vigilance Commission

60 Cir. GAD 42 PVC 74 dt. 15.7.1974

Submission of reports of the Vigilance Commission-pendency in the Secretariat.

61 Cir. GAD 57 PVC 74 dt. 16.9.1974

Issue of instructions to Heads of Department etc., regarding assistance of officials of other Departments to the Vigilance Commission.

62 O.M. GAD 63 SSR 74 dt. 3.12.1974

Delay in initiating action against Government servants in cases investigated by Vigilance Commission.

63 G.O. GAD 6 SSR 75 dt. 31.3.1975

Procedure for drawing remuneration by the presenting officer appointed in the Departmental inquiry proceedings.

64 Cir. GAD 14 SSR 75 dt. 21.5.1975

Instructions regarding Disciplinary Proceedings against Government servants under Rule 12 of the K.S.C.S. (C.C.A) Rules, 1957.

65 D.O. GAD 23 IPN 75 dt. 17.6.1975

Cases of Vigilance Commission pending with Government Review of.

66 O.M. FD 213 SRS 71 dt. 20.10.1975

Rule 59 of the Karnataka Civil Services Rules - clarification regarding.

67 No. GAD 24 SSR 75, dt. 11.12.1975

Powers of Deputy Commissioners inrespect of class - III & Class IV posts U/r 10.

68 O.M. GAD 2 SSR 76 dt. 15.3.1976

Appeal petitions/Review petitions to the Governor Disposal of - Procedure to be followed in respect of.

69 Cir. DPAR 70 SSR 76 dt. 29.1.1977

Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 - Amendments of rule 11-A, 25 and 26 of the - clarifies the position under the –

70 O.M. DPAR 18 SSR 77, dt. 23.5.1977

Disciplinary proceedings against Government servants.

71 O.M. DPAR 11 SSR 77 dt. 5.7.1977

Suspension of Government servants involved in mis-appropriation cases etc., -Re vocation of instructions regarding.

72 Cir. DPAR 28 SSR 77 dt. 28.7.1977

Clarification regarding 'mis-appropriation' by a Government servant amounts to corruption.

73 Cir. DCA 16 ARB 77 dt. 24.11.1977

Vigilance Commission - Reference of - Complaints, Allegations against the gazetted officers to the by Heads of Departments clarification regarding.

74 Cir. DPAR 24 SSR 78 dt. 14.7.1978

Imposition of penalty of withholding of increments and reduction to lower stages in time scale of pay or to a lower post etc-instructions reg.

75 Cir. DPAR 24 SSR 77 dt. 16.8.1978

Suspension of Government officials

76 O.M. FD 17 SRS 78 dt. 28.9.1978

Instructions under Rule 59 of the Karnataka Civil Services Rules-Further clarification regarding.

77 Note

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.

78 Cir. DPAR 22 SSR 78 dt. 29.12.1978

Clarification regarding suspension of Government servants.

79 Cir. DPAR 18 SSR 79 dt. 2.3.1979

Departmental enquiries-cases to be referred to Chief Secretary Procedure, regarding.

80 Cir. DPAR 30 SSR 79 dt. 17.4.1979

Un-authorised absence of Government servants, instructions regarding quick disposal of enquiry cases.

81 Cir. DPAR 46 SSR 79 dt. 28.6.1979

Appointment of Presenting Officers in Disciplinary cases under the C.C.A Rules.

82 Cir. DPAR 2 SIN 79 dt. 4.7.1979

Communications to be addressed to the Vigilance Commission-Instruction -reg.

83 Cir. DPAR 71 PVC 78 dt. 17.7.1979

Reinstatement of Government servants placed under suspension at the request of the State Vigilance Commission.

84 Cir. DPAR 56 SSR 78 dt. 16.8.1979

Karnataka Civil Services (Classification, Control & Appeal) Rules, 1957 - Amendment of Rule 11-A-further clarification in respect of issue of Second Show Cause Notice.

85 Cir. DPAR 80 SSR 79 dt. 14.3.1980

Clarification regarding sanction of Government for payment of subsistence allowance for a period beyond 6 months.

86 Cir. DPAR 17 SSR 80 dt. 28.4.1980

Avoiding unnecessary references to Govt. in initiating disciplinary proceedings.

87 Cir. DPAR 61 SSR 80 dt. 1.10.1980

Service of order, notices etc. under Rule 28 A of the K.C.S (Classification, Control and Appeal) Rules, 1957.

88 Cir. DPAR 17 SSR 79 dt. 17.10.1980

Suspension of Government servants-further instructions regarding.

89 O.M. DPAR 5 SSR 79 dt. 8.7.1981

Departmental inquiry-Appointing Deputy Commissioners of inquiries or Assistant Commissioners of inquiries of the Karnataka State Vigilance Commission as the Inquiry Officers.

90 O.M. DPAR 5 SSR 79 dt. 17.8.1981

Departmental Inquiry Appointing Deputy Commissioners of Inquiries or Assistant Commissioners of inquiries of the Karnataka State Vigilance Commission as the Inquiry Officer.

91 O.M. DPAR 96 KLU 81 dt. 29.10.1981

Investigation/Enquiry Reports by the Karnataka State Vigilance Commission-Prompt disposal of-instructions-reg.

92 Cir. DPAR 466 SAS 81 dt. 3.11.1981

Issue of instructions regarding rendering of assistance by Government servants to the Vigilance Commission in departmental inquiries.

93 O.M. DPAR 59 SDE 81 dt. 17.12.1981

Suspension of Government servants - Review of cases of prolonged suspension.

94 O.M. LAW 166 LAG 81 dt. 18.12.1981

Review of Court cases.

95 O.M. LAW 166 LAG 81(P) dt. 4.3.1982.

Review of Judgements wherein decisions have been given by the courts against the State.

96 Cir. DPAR 12 SDE 82 dt. 13.4.1982

Departmental Proceedings against Government servants placed under suspension - delay in instituting.

97 Cir. DPAR 10 SDE 82 dt. 19.4.1982

Departmental enquiries-instructions to follow prescribed procedure.

98 Cir.DPAR 8 SDE 82 dt. 28.4.1982

Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957-Clarification regarding second show cause notice.

99 Cir. DPAR 8 SDE 82 dt. 17.7.1982

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

100 Cir. DPAR 21 SDE 83 dt. 1.6.1983

Review of disciplinary cases which are pending finalisation-prescription of monthly progress report.

101 O.M. r¦JDgï 41 J¸ïrE 83, ¢£ÁAPÀ 16.8.1983.

MAzÀÄ ªÀµÀðzÀ CªÀ¢üAiÉÆ¼ÀUÉ ¤ªÀøwÛ ºÉÆAzÀ°gÀÄªÀ ¸ÀPÁðj £ËPÀgÀgÀ «gÀÄzÀÞ £ÀqÉAiÀÄÄwÛgÀÄªÀ E¯ÁSÁ vÀ¤SÉUÀ¼ÀÄŠEªÀÅUÀ¼À ²ÃWÀæ «¯ÉÃªÁjUÉ ¸ÀÆZÀ£ÉUÀ¼ÀÄ.

102 Cir. DPAR 55 SDE 83, dt. 14.11.1983

Review of disciplinary cases which are pending finalisation-further instructions regarding.

103 Cir. DPAR 8 SDE 84 dt. 14.3.1984

Defending the cases/suits filed in Courts against Government Instructions-reg.

104 O.M. DPAR 12 SDE 83 dt. 21.4.1984

Suspension of Government servants and their promotions pending inquiries instructions regarding.

105 C.eÕÁ. r¦JDgï 33 J¸ïrE 83, ¢£ÁAPÀ 24.5.1984

PÀ£ÁðlPÀ ¹«¯ï ¸ÉÃªÁ (ªÀVðÃPÀgÀt, ¤AiÀÄAvÀæt ªÀÄvÀÄÛ ªÉÄÃ®ä£À«) ¤AiÀÄªÀiÁªÀ½UÀ¼ÀÄ, 1957Š¤ªÀøwÛ DUÀ°gÀÄªÀ ¸ÀPÁðj £ËPÀgÀgÀ ªÉÄÃ¯É EgÀÄªÀ E¯ÁSÁ vÀ¤SÉUÀ¼À£ÀÄß ¥ÀÇtðUÉÆ½¸ÀÄªÀ §UÉÎ.

106 O.M. DPAR 12 SDE 83 dt. 21.6.1984

Reinstatement of Government servants placed under suspension at the request of the State Vigilance Commission.

107 O.M. DPAR 16 SDE 84 dt. 2.8.1984

Departmental Inquiry under rule 11 of the K.C.S (Classification, Control and Appeal) Rules, 1957-entrusting the cases to the officers of Karnataka State Vigilance Commission.

108 O.M. DPAR 30 SDE 84 dt. 27.11.1984

Joint Inquiry against Government servants under Rule 13 of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957

109 O.M. DPAR 43 SDE 84 dt. 14.2.1985

Review of disciplinary cases which are pending finalisation prescription of quarterly progress report.

110 O.M. DPAR 12 SDE 83 dt. 4.3.1985

Suspension of Government servants and their promotions pending inquiries instructions regarding.

111 O.M. DPAR 13 SDE 85 dt. 3.7.1985

Suspension of Government servants and their reinstatement.

112 O.M. DPAR 14 SDE 85 dt. 5.7.1985

Withholding of special increments such as stagnation increment or increment for passing departmental examinations as a measure of penalty under Rule 8 of the K.C.S (C.C.A) Rules, 1957-clarification regarding.


E¯ÁSÁ vÀ¤SÉŠ¯ÉÆÃPÁAiÀÄÄPÀÛ CxÀªÁ G¥À ¯ÉÆÃPÁAiÀÄÄPÀÛ CxÀªÁ ¯ÉÆÃPÁAiÀÄÄPÀÛzÀ ¹§âA¢AiÀÄ°ègÀÄªÀ C¢üPÁjAiÀÄ£ÀÄß «ZÁgÀuÁ¢üPÁjAiÀÄ£ÁßV £ÉÃ«Ä¸ÀÄªÀ §UÉÎ.


E¯ÁSÁ vÀ¤SÉAiÀÄ°è ²¸ÀÄÛ ¥Áæ¢üPÁgÀªÀÅ D¥Á¢vÀ £ËPÀgÀ¤UÉ DgÉÆÃ¥ÀUÀ¼À «µÀAiÀÄ ªÀÄvÀÄÛ zÀÄ£ÀðqÀvÉ CxÀªÁ zÀÄªÀðvÀð£ÉAiÀÄ DgÉÆÃ¥ÀUÀ¼À ¥ÀnÖAiÀÄ£ÀÄß vÀAiÀiÁj¹ MzÀV¸ÀÄªÀ §UÉÎ.


E¯ÁSÁ vÀ¤SÉUÀ¼À£ÀÄß £ÀqÉ¸ÀÄªÀ°è ¤UÀ¢¥Àr¹gÀÄªÀ PÁAiÀÄðPÀæªÀÄªÀ£ÀÄß ¸ÀjAiÀiÁV C£ÀÄ¸Àj¸À¢gÀÄªÀ §UÉÎ.


¸ÀPÁðj £ËPÀgÀgÀ «gÀÄzÀÞ ¥ÀÇªÀð¨sÁ« vÀ¤SÉ: E¯ÁSÁ «ZÁgÀuÉ £ÀqÉ¸ÀÄªÀÅzÀgÀ°è «¼ÀA§Š ¸ÁªÀðd¤PÀ ¯ÉPÀÌ¥ÀvÀæ ¸À«ÄwAiÀÄ ²¥sÁgÀ¸ÀÄìŠ «¼ÀA§ªÀ£ÀÄß vÀqÉUÀlÖ®Ä ¸ÀÆZÀ£ÉUÀ¼ÀÄ.

117 PÀ£ÁðlPÀ ¸ÀPÁðgÀzÀ £ÀqÀªÀ½UÀ¼ÀÄ r¦JDgï 35 J¸ïrE 86, ¢£ÁAPÀ 7Š1Š1987

CªÀiÁ£ÀwÛ£À°èqÀ¯ÁzÀ ¸ÀPÁðj £ËPÀgÀgÀ ¥ÀæPÀgÀtUÀ¼À£ÀÄß ¥ÀÅ£Àgï«¯ÉÆÃQ¸À®Ä ¸À«ÄwAiÀÄ£ÀÄß gÀa¸ÀÄªÀ §UÉÎ.

118 C.eÕÁ. ¹D¸ÀÄE 16 ¸ÉÃE« 87,

¢£ÁAPÀ 21.7.1987 E¯ÁSÁ «ZÁgÀuÉŠ¯ÉÆÃPÁAiÀÄÄPÀÛ CxÀªÁ G¥À ¯ÉÆÃPÁAiÀÄÄPÀÛ CxÀªÁ ¯ÉÆÃPÁAiÀÄÄPÀÛzÀ ¹§âA¢ AiÀÄ°ègÀÄªÀ C¢üPÁjAiÀÄ£ÀÄß «ZÁgÀuÁ¢üPÁjAiÀÄ£ÁßV £ÉÃ«Ä¸ÀÄªÀ §UÉÎ.

119 ¸ÀÄvÉÆÛÃ¯É r¦JDgï 25 J¸ïrE 84, ¢£ÁAPÀ 27.7.1987

PÀ£ÁðlPÀ ¹«¯ï ¸ÉÃªÁ (ªÀVðÃPÀgÀt, ¤AiÀÄAvÀæt ªÀÄvÀÛÄ ªÉÄÃ®ä£À«) ¤AiÀÄªÀiÁªÀ½UÀ¼ÀÄ, 1957ŠD¥Á¢vÀ £ËPÀgÀ¤UÉ ªÀÄºÁzÀAqÀ£ÉAiÀÄ£ÀÄß «¢ü¸ÀÄªÀ ªÉÆzÀ®Ä JgÀqÀ£ÉÃ µÉÆÃPÁ¸ï £ÉÆÃnÃ¸ï ¤ÃqÀÄªÀ §UÉÎ ¸ÀàµÀÖ£ÉUÀ¼ÀÄ.

120 C.eÕÁ. ¹D¸ÀÄE 28 ¸ÉÃE« 87, ¢£ÁAPÀ 17.9.1987

PÀ£ÁðlPÀ ¹«¯ï ¸ÉÃªÁ (ªÀVðÃPÀgÀt, ¤AiÀÄAvÀæt ªÀÄvÀÄÛ ªÉÄÃ®ä£À«) ¤AiÀÄªÀiÁªÀ½UÀ¼ÀÄ, 1957ŠªÀgÀzÀQëuÉ «µÀAiÀÄzÀ°è ªÀÄgÀt ºÉÆA¢gÀÄªÀ ¥ÀæPÀgÀtUÀ¼À°è M¼ÀUÁVgÀÄªÀ ¸ÀPÁðj £ËPÀgÀgÀ£ÀÄß CªÀiÁ£ÀwÛ£À°èqÀÄªÀ §UÉÎ.


E¯ÁSÁ «ZÁgÀuÁ ¥ÀæPÀgÀtUÀ¼À°è E¯ÁSÁ «ZÁgÀuÉAiÀÄ£ÀÄß £ÀqÉ¸À®Ä ¯ÉÆÃPÁAiÀÄÄPÀÛPÉÌ ªÀ»¸ÀÄªÀ §UÉÎ.

122 O.M. DPAR 16 SDE 88 dt. 28.3.1988

Sanction for prosecution of Government servants instructions - reg.

123 C.eÕÁ. ¹D¸ÀÄE 24 ¸ÉÃE« 88, ¢ 6.6.1988

¸ÀPÁðj £ËPÀgÀgÀ£ÀÄß CªÀiÁ£ÀwÛ£À°èqÀÄªÀ §UÉÎ


gÁdå ¸ÀPÁðj ¸ÉÃªÉUÀ¼À°è ¥ÁæzÉÃ²PÀ ¥Áæw¤zsÀåvÉAiÀÄ PÀÄjvÀÄŠPÀ£ÁðlPÀ ¹«¯ï ¸ÉÃªÁ (ªÀVðÃPÀgÀt, ¤AiÀÄAvÀæt ªÀÄvÀÄÛ ªÉÄÃ®ä£À«) ¤AiÀÄªÀiÁªÀ½UÀ¼ÀÄ, 1957gÀ C£ÀÄ§AzsÀŠ11 ªÀÄvÀÄÛ 111PÉÌ wzÀÄÝ¥Àr.


C£À¢üPÀøvÀªÁV UÉÊgÀÄ ºÁdgÁVgÀÄªÀ ¸ÀPÁðj £ËPÀgÀgÀ£ÀÄß PÉ®¸ÀPÉÌ ªÁ¥À¸ÀÄì vÉUÉzÀÄPÉÆ¼ÀÄîªÀ §UÉÎŠ¸ÀàµÀÖ£ÉUÀ¼ÀÄ.

126 C.eÕÁ. ¹C¸ÀÄE 16 ¸ÉÃE« 89, ¢£ÁAPÀ 26.6.1989

®AZÀ ¤ªÀÄÆð®£Á C¢ü¤AiÀÄªÀÄzÀ CrAiÀÄ°è vÀ¤SÉUÉ M¼ÀUÁVgÀÄªÀ ¸ÀPÁðj £ËPÀgÀgÀ£ÀÄß CªÀiÁ£ÀwÛ£À°èqÀÄªÀ §UÉÎ.

127 O.M. DPAR 22 SDE 89 dt. 11.10.1989

Revocation of suspension order on the quashing of suspension order by the Courts-guidelines.


¤ªÀøwÛ ¸ÀPÁðj £ËPÀgÀgÀ ¥ÀÅ£Àgï £ÉÃªÀÄPÀ ªÀÄvÀÄÛ ¸ÀPÁðj £ËPÀgÀgÀ ¤ªÀøwÛAiÀÄ £ÀAvÀgÀ ¸ÉÃªÁ CªÀ¢üAiÀÄ «¸ÀÛgÀuÉ PÁAiÀÄð¤ÃwAiÀÄ ¥ÀÅ£Àgï ¥Àj²Ã®£É.

129 ¸ÀÄvÉÆÛÃ¯É ¹D¸ÀÄE 6 ¸ÉÃ¯ÉÆÃAiÀÄÄ 90, ¢£ÁAPÀ 21.3.1990

PÀ£ÁðlPÀ ¹«¯ï ¸ÉÃªÁ (¹¹J) ¤AiÀÄªÀiÁªÀ½, 1957gÀ ¤AiÀÄªÀÄ 14ŠJ C£ÀéAiÀÄ ¥ÀæPÀgÀtUÀ¼À£ÀÄß «ZÁgÀuÉUÁV PÀ£ÁðlPÀ ¯ÉÆÃPÁAiÀÄÄPÀÛPÉÌ ªÀ»¸ÀÄªÀ §UÉÎ ¤zÉðÃ±À£À

130 O.M. DPAR 14 SDE 90 dt. 16.5.1990

Prompt disposal of appeal petition submitted by the Government servant against the order of the disciplinary authority by the appellate authority-Instructions reg.

131 O.M. DPAR 18 SDE 90 dt. 10.7.1990

Sanction for prosecution of Government servants instructions regarding.

132 ¸ÀÄvÉÆÛÃ¯É ¹D¸ÀÄE 6 J¸ï.r.E 91, ¢£ÁAPÀ 21.3.1992

PÀ£ÁðlPÀ ¹«¯ï ¸ÉÃªÁ (ªÀVðÃPÀgÀt, ¤AiÀÄAvÀæt ªÀÄvÀÛÄ ªÉÄÃ®ä£À«) ¤AiÀÄªÀiÁªÀ½UÀ¼ÀÄ, 1957ŠD¥Á¢vÀ £ËPÀgÀ¤UÉ PÀpt zÀAqÀ£ÉAiÀÄ£ÀÄß «¢ü¸ÀÄªÀ §UÉÎ ¸ÀàµÀÖ£ÉUÀ¼ÀÄ.

133 O.M. DPAR 22 SRR 93 dt. 14.7.1993

Department Promotion Committee in respect of promotions to the State Services in the basis of seniority-cum-merit-Procedure when a departmental enquiry/Court Proceedings is pending.

134 ¸ÀÄvÉÆÛÃ¯É ¹C¸ÀÄE 12 ¸ÉÃE« 94, ¢£ÁAPÀ 7.12.1994

PÀ£ÁðlPÀ £ÁUÀjÃPÀ ¸ÉÃªÁ (ªÀVðÃPÀgÀt, ¤AiÀÄAvÀæt ªÀÄvÀÄÛ ªÉÄÃ®ä£À«) ¤AiÀÄªÀÄUÀ¼ÀÄ, 1957ŠD¥Á¢vÀ £ËPÀgÀjUÉ E¯ÁSÁ «ZÁgÀuÉAiÀÄ £ÀAvÀgÀ «ZÁgÀuÁ ¥Áæ¢üPÁjAiÀÄ ªÀgÀ¢AiÀÄ£ÀÄß PÉÆlÄÖ vÀzÀ£ÀAvÀgÀ zÀAqÀ£ÉAiÀÄ£ÀÄß «¢ü¸ÀÄªÀ §UÉÎ.

135 O.M. DPAR 3 SDE 94 dt. 26.2.1994

Unauthorised absence of Government employees instructions to deal with such absence.

136 ¸ÀÄvÉÆÛÃ¯É ¹D¸ÀÄE 4 J¸ïrE 95, ¢£ÁAPÀ 21.2.1995

CªÀiÁ£ÀwÛ£À°èqÀ¯ÁzÀ ¸ÀPÁðj £ËPÀgÀgÀ ¥ÀæPÀgÀtUÀ¼À£ÀÄß ¥ÀÅ£Àgï«¯ÉÆÃQ¸À®Ä EgÀÄªÀ ¸À«ÄwAiÀÄ ªÀÄÄAzÉ ªÀÄAr¸ÀÄªÀ §UÉÎ.


¸ÀPÁðj £ËPÀgÀgÀ CªÀiÁ£ÀvÀÄÛ ªÀÄvÀÄÛ ¥ÀÅ£Àgï £ÉÃªÀÄPÀ PÀÄjvÀÄ


¸ÀPÁðj £ËPÀgÀgÀ CªÀiÁ£ÀvÀÄÛ:¥ÀÅ£Àgï £ÉÃªÀÄPÀŠE¯ÁSÁ «ZÁgÀuÉ £ÀqÉ¸ÀÄªÀÅzÀgÀ°è «¼ÀA§Š«¼ÀA§ªÀ£ÀÄß vÀqÉUÀlÖ®Ä ¸ÀÆZÀ£ÉUÀ¼ÀÄ.

139 ¸ÀÄvÉÆÛÃ¯É ¹D¸ÀÄE 17 ¸ÉÃE« 95, ¢£ÁAPÀ 28.10.1995

CªÀiÁ£ÀwÛ£À°èqÀ¯ÁzÀ ¸ÀPÁðj £ËPÀgÀgÀ ¥ÀæPÀgÀtUÀ¼À£ÀÄß ¥ÀÅ£Àgï «¯ÉÆÃQ¸À®Ä EgÀÄªÀ ¸À«ÄwAiÀÄ ªÀÄÄAzÉ ªÀÄAr¸ÀÄªÀ §UÉÎ.


PÀ£ÁðlPÀ £ÁUÀjÃPÀ ¸ÉÃªÁ (ªÀVðÃPÀgÀt, ¤AiÀÄAvÀæt ªÀÄvÀÄÛ C¦Ã®Ä) ¤AiÀÄªÀÄUÀ¼ÀÄ, 1957gÀrAiÀÄ°è E¯ÁSÁ «ZÁgÀuÉAiÀÄ£ÀÄß £ÀqÉ¸ÀÄªÀ §UÉÎ ªÀiÁUÀð¸ÀÆaUÀ¼ÀÄ.


E¯ÁSÁ «ZÁgÀuÉ DgÀA©ü¸ÀÄªÀÅzÀgÀ°è «¼ÀA§ªÀ£ÀÄß vÀqÉUÀlÖ®Ä ¸ÀÆZÀ£ÉUÀ¼ÀÄ.

142 ¸ÀPÁðj DzÉÃ±À ¹D¸ÀÄE 9 ¸ÉÃE« 96, ¢£ÁAPÀ 22.6.1996

¹.D.¸ÀÄ. E¯ÁSÉAiÀÄ ¸ÉÃªÉUÀ¼ÀÄ «¨sÁUÀzÀ PÁAiÀÄðªÁå¦ÛAiÀÄ°è §gÀÄªÀ C¢üPÁjUÀ¼À CªÀiÁ£ÀwÛ£À ¥ÀæPÀgÀtUÀ¼À£ÀÄß ¥ÀÅ£Àgï«¯ÉÆÃQ¸À®Ä ¸À«ÄwAiÀÄ£ÀÄß gÀa¸ÀÄªÀ §UÉÎ.


Qæ«Ä£À¯ï £ÁåAiÀiÁ®AiÀÄzÀ°è «ZÁgÀuÉUÉ M¼À¥ÀlÄÖ C¥ÀgÁzsÀPÁÌV zÀAqÀ£ÉUÉ UÀÄjAiÀiÁzÀ ¸ÀPÁðj £ËPÀgÀgÀ «gÀÄzÀÞ ²¸ÀÄÛ PÀæªÀÄ dgÀÄV¸ÀÄªÀ §UÉÎ ªÀiÁUÀð¸ÀÆa.


¸ÀPÁðj £ËPÀgÀgÀ ªÉÄÃ¯É E¯ÁSÁ «ZÁgÀuÉ £ÀqÉ¸À®Ä PÀ£ÁðlPÀ ¯ÉÆÃPÁAiÀÄÄPÀÛ ¸ÀA¸ÉÜUÉ ªÀ»¹zÀ E¯ÁSÁ «ZÁgÀuÉ ¥ÀæPÀgÀtUÀ¼À°è ¸ÀPÁðj £ËPÀgÀgÀ ¤ªÀøwÛ ªÀAiÀÄ¸Àì£ÀÄß £ÀªÀÄÆ¢¸ÀÄªÀ §UÉÎ.

145 Cir. DPAR 4 SDE 96 dt. 28.8.1996

Avoiding delay in initiating departmental enquiries-instructions-regarding.


PÀ£ÁðlPÀ £ÁUÀjÃPÀ ¸ÉÃªÁ (ªÀVðÃPÀgÀt, ¤AiÀÄAvÀæt ªÀÄvÀÄÛ C¦Ã®Ä) ¤AiÀÄªÀÄUÀ¼ÀÄ, 1957gÀ C£ÀÄ¸ÀÆa I, II, III ªÀÄvÀÄÛ IV PÉÌ wzÀÄÝ¥Àr PÀÄjvÀÄ.

147 ¸ÀÄvÉÆÛÃ¯É ¹D¸ÀÄE 16 ¸ÉÃE« 96 ¢£ÁAPÀ 21.4.1997

¸ÀPÁðj £ËPÀgÀgÀ£ÀÄß ¤®A§£ÉAiÀÄ°èqÀÄªÀ ºÁUÀÆ ¥ÀÅ£Àgï £ÉÃªÀÄPÀ ªÀiÁqÀÄªÀ §UÉÎ ¸ÀÆZÀ£ÉUÀ¼ÀÄ.


C£À¢üPÀøvÀ UÉÊgÀÄºÁdgÁzÀ ¸ÀPÁðj £ËPÀgÀgÀ ªÉÄÃ¯É ²¸ÀÄÛ PÀæªÀÄ dgÀÄV¸ÀÄªÀ §UÉÎ.

149 C.eÕÁ. ¹D¸ÀÄE 14 ¸ÉÃE« 96 ¢£ÁAPÀ 31.5.1997

²¹Û£À PÀæªÀÄªÀ£ÀÄß DgÀA©ü¸ÀÄªÀÅzÀgÀ°è, £ÀqÉ¸ÀÄªÀÅzÀgÀ°è ºÁUÀÆ CAwªÀÄUÉÆ½¸ÀÄªÀÅzÀgÀ°è «¼ÀA§ªÀ£ÀÄß vÀqÉUÀlÖ®Ä ºÁUÀÆ ¨ÁQ EgÀÄªÀ ²¹Û£À ¥ÀæPÀgÀtUÀ¼À ¥ÀæUÀwAiÀÄ£ÀÄß ¥ÀÅ£Àgï CªÀ¯ÉÆÃQ¸ÀÄªÀ §UÉÎ ºÁUÀÆ G¸ÀÄÛªÁj (monitoring) §UÉÎ ¸ÀÆZÀ£ÉUÀ¼ÀÄ.


UÀÆæ¥ïŠ© ªÀUÀðzÀ C¢üPÁjUÀ¼À ªÉÄÃ¯É ²¹Û£À PÀæªÀÄ dgÀÄV¹ zÀAqÀ£É «¢ü¸ÀÄªÀ §UÉÎ.

151 C.eÕÁ. ¹D¸ÀÄE 2 ¸ÉÃE« 97 ¢£ÁAPÀ 8.7.1997

¸ÀPÁðj £ËPÀgÀgÀ£ÀÄß CªÀiÁ£ÀwÛ£À°èqÀÄªÀ §UÉÎ

152 ¸ÀÄvÉÆÛÃ¯É ¹D¸ÀÄE 9 ¸ÉÃE« 97 ¢£ÁAPÀ 11Š8Š1997

E¯ÁSÁ «ZÁgÀuÁ ¥ÀæPÀgÀtUÀ¼À£ÀÄß ¥ÀÅ£ÀgÁªÀ¯ÉÆÃQ¸ÀÄªÀ §UÉÎ ¸ÀÆZÀ£ÉUÀ¼ÀÄ.


PÀ£ÁðlPÀ £ÁUÀjÃPÀ ¸ÉÃªÁ (ªÀVðÃPÀgÀt, ¤AiÀÄAvÀæt ªÀÄvÀÄÛ C¦Ã®Ä) ¤AiÀÄªÀÄUÀ¼ÀÄ, 1957gÀ ¤AiÀÄªÀÄ 28ŠJ gÀr DzÉÃ±À, £ÉÆÃnÃ¸ÀÄ, ªÀÄAvÁzÀªÀÅUÀ¼À£ÀÄß eÁj ªÀiÁqÀÄªÀÅzÀgÀ §UÉÎ.

154 ¸ÀÄvÉÆÛÃ¯É r¦JDgï 5 ¸ÉÃE« 96 ¢£ÁAPÀ 2Š12Š1997

¸ÀPÁðj £ËPÀgÀgÀ ªÉÄÃ¯É £ÁåAiÀiÁ®AiÀÄUÀ¼À°è Qæ«Ä£À¯ï ªÉÆPÀzÀÝªÉÄ ¨ÁQ EzÁÝUÀ CzÉÃ DgÉÆÃ¥ÀUÀ¼À ªÉÄÃ¯É ²¹Û£À PÀæªÀÄ:E¯ÁSÁ «ZÁgÀuÉAiÀÄ£ÀÄß £ÀqÉ¸ÀÄªÀ §UÉÎ.

155 Cir. DPAR 17 SDE 97 dt. 9.12.1997

Arrest of Civil Servants - regarding


CªÀiÁ£ÀwÛ£À°èqÀ¯ÁzÀ ¸ÀPÁðj £ËPÀgÀgÀ ¥ÀæPÀgÀtUÀ¼À£ÀÄß ¥ÀÅ£Àgï«¯ÉÆÃQ¸À®Ä C¥ÀgÀ ªÀÄÄRå PÁAiÀÄðzÀ²ðAiÀÄªÀgÀ CzsÀåPÀëvÉAiÀÄ°è gÀa¹zÀ ¸À«ÄwAiÀÄ ªÀÄÄAzÉ ªÀÄAr¸ÀÄªÀ §UÉÎ.


CªÀiÁ£ÀwÛ£À°èqÀ¯ÁzÀ ¸ÀPÁðj £ËPÀgÀgÀ ¥ÀæPÀgÀtUÀ¼À£ÀÄß ¥ÀÅ£Àgï«¯ÉÆÃQ¸À®Ä C¥ÀgÀ ªÀÄÄRå PÁAiÀÄðzÀ²ð AiÀÄªÀgÀ CzsÀåPÀëvÉAiÀÄ°è gÀa¹zÀ ¸À«ÄwAiÀÄ ªÀÄÄAzÉ ªÀÄAr¸ÀÄªÀ §UÉÎ.


¸ÀPÁðj £ËPÀgÀgÀ ªÉÄÃ¯É £ÁåAiÀiÁ®AiÀÄUÀ¼À°è Qæ«Ä£À¯ï ªÉÆPÀzÀÝªÉÄ ¨ÁQ EzÁÝUÀ CzÉÃ DgÉÆÃ¥ÀUÀ¼À ªÉÄÃ¯É ²¹Û£À PÀæªÀÄ E¯ÁSÁ «ZÁgÀuÉAiÀÄ£ÀÄß £ÀqÉ¸ÀÄªÀ §UÉÎ ªÀÄgÀÄ ¸ÀÆZÀ£ÉUÀ¼ÀÄ.

159 ¸ÀPÁðj DzÉÃ±À ¹D¸ÀÄE 3 ¸ÉÃE« 96, ¢£ÁAPÀ 24Š4Š1998

PÀ£ÁðlPÀ ¹«¯ï ¸ÉÃªÁ (ªÀVðÃPÀgÀt, ¤AiÀÄAvÀæt ªÀÄvÀÄÛ ªÉÄÃ®ä£À«) ¤AiÀÄªÀiÁªÀ½, 1957gÀrAiÀÄ°è ªÀiÁqÀÄªÀ E¯ÁSÁ «ZÁgÀuÉUÀ¼À£ÀÄß ¤ªÀøvÀÛ £ÁåAiÀiÁ¢üÃ±ÀgÀÄ ºÁUÀÆ ¤ªÀøvÀÛ ¸ÀPÁðgÀzÀ C¢üPÁjUÀ½UÉ ªÀ»¸ÀÄªÀ §UÉÎ.

160 C.eÕÁ. ¹D¸ÀÄE 2 ¸ÉÃE« 98 ¢£ÁAPÀ 16Š7Š1998.

¸ÀPÁðj £ËPÀgÀgÀ ªÉÄÃ¯É £ÁåAiÀiÁ®AiÀÄzÀ°è PÁ£ÀÆ£ÀÄ PÀæªÀÄ dgÀÄV¸À®Ä ªÀÄAdÆgÁw ¤ÃqÀÄªÀ §UÉÎŠªÀÄgÀÄ ¸ÀÆZÀ£ÉUÀ¼ÀÄ.





163 C.eÕÁ. ¹D¸ÀÄE 3 ¸ÉÃE« 98 ¢£ÁAPÀ 5Š8Š1998

Qæ«Ä£À¯ï ¥ÀæPÀgÀtUÀ¼À°è vÀ¤SÉAiÀÄ£ÀÄß ¥ÀÇtð UÉÆ½¹zÀ £ÀAvÀgÀ, ZÁeïð¶Ãl£ÀÄß zÁR°¸ÀÄªÀ ¸ÀAzÀ¨sÀðzÀ°è ¸ÀPÁðj £ËPÀgÀgÀ£ÀÄß JgÀqÀ£ÉÃ ¨Áj CªÀiÁ£ÀwÛ£À°èqÀÄªÀ §UÉÎ.

164 C.n. ¯Á 98 J¯ïJJA 98 ¢£ÁAPÀ 8Š3Š1999

PÀ£ÁðlPÀ ¹«¯ï ¸ÉÃªÁ (ªÀVðÃPÀgÀt, ¤AiÀÄAvÀæt ªÀÄvÀÄÛ ªÉÄÃ®ä£À«) ¤AiÀÄªÀÄUÀ¼ÀÄ, 1957gÀrAiÀÄ°è ªÀiÁqÀÄªÀ E¯ÁSÁ «ZÁgÀuÉUÀ¼À£ÀÄß ¤ªÀøvÀÛ £ÁåAiÀiÁ¢üÃ±ÀgÀÄUÀ½UÉ ªÀ»¸ÀÄªÀ §UÉÎ.


E¯ÁSÁ «ZÁgÀuÉAiÀÄ°è ºÉ¸Àj¸À¯ÁzÀ C¢üPÀøvÀ ¸ÁQëUÀ¼ÀÄ «ZÁgÀuÁ ¥Áæ¢üPÁgÀzÀ ªÀÄÄAzÉ ºÁdgÁUÀÄªÀ §UÉÎ ¸ÀÆZÀ£ÉUÀ¼ÀÄ.


PÀ£ÁðlPÀ ¹«¯ï ¸ÉÃªÁ (ªÀVðÃPÀgÀt, ¤AiÀÄAvÀæt ªÀÄvÀÄÛ ªÉÄÃ®ä£À«) ¤AiÀÄªÀÄUÀ¼ÀÄ, 1957gÀ ¤AiÀÄªÀÄ 11(4) ºÁUÀÆ ¤AiÀÄªÀÄ 12(1)(J) gÀ£ÀéAiÀÄ ¤ÃqÀ¯ÁUÀÄªÀ £ÉÆÃnÃ¹UÉ GvÀÛj¸ÀÄªÀ ªÀÄÄ£Àß zÁR¯ÉUÀ¼À£ÀÄß £ÉÆÃqÀ®Ä CªÀPÁ±À PÀ°à¸ÀÄªÀ §UÉÎ.

167 O.M. DPAR 12 SDE 99 dated 23-7-99

Engaging the services of retired Judges as inquiry officers in Departmental Proceedings.

168 ¸ÀÄvÉÆÛÃ¯É ¸ÀASÉå ¹D¸ÀÄE 17 ¸ÉÃE« 99, ¢£ÁAPÀ 9Š12Š1999

C£À¢üPÀøvÀªÁV UÉÊgÀÄ ºÁdgÁVgÀÄªÀ ¸ÀPÁðj £ËPÀgÀgÀ ¥ÀæPÀgÀtUÀ¼À£ÀÄß ªÀåªÀºÀj¸ÀÄªÀ PÀÄjvÀÄ ¸ÀÆZÀ£ÉUÀ¼ÀÄ.

169 DzÉÃ±À ¸ÀASÉå: ¹D¸ÀÄE 15 ¸ÁE« 99 ¢£ÁAPÀ 14Š3Š2000

E¯ÁSÁ «ZÁgÀuÉUÀ¼À°è ªÀÄAqÀ£Á¢üPÁjAiÀiÁV £ÉÃ«Ä¸À¯ÁUÀÄªÀ E¯ÁSÁ C¢üPÁjUÀ½UÉ ¤ÃqÀ¯ÁUÀÄwÛgÀÄªÀ UËgÀªÀzsÀ£ÀªÀ£ÀÄß ºÉaÑ¸ÀÄªÀ §UÉÎ.

170 ¸ÀÄvÉÆÛÃ¯É ¸ÀASÉå: ¹D¸ÀÄE 8 ¸ÉÃE« 2001Š1 ¢£ÁAPÀ: 29.8.2000

Qæ«Ä£À¯ï £ÁåAiÀiÁ®AiÀÄzÀ°è «ZÁgÀuÉUÉ M¼À¥ÀlÖ C¥ÀgÁzsÀPÁÌV zÀAqÀ£ÉUÉ UÀÄjAiÀiÁzÀ ¸ÀPÁðj £ËPÀgÀgÀ «gÀÄzÀÞ ²¸ÀÄÛ PÀæªÀÄ dgÀÄV¸ÀÄªÀ §UÉÎ ªÀiÁUÀð¸ÀÆa

171 ¸ÀÄvÉÆÛÃ¯É ¸ÀASÉå: ¹D¸ÀÄE 8 ¸ÉÃE« 2000ŠII ¢£ÁAPÀ: 29.8.2000

¸ÀPÁðj £ËPÀgÀgÀ «gÀÄzÀÞ £ÁåAiÀiÁ®AiÀÄ «¢ü¹zÀ zÀAqÀ£ÉAiÀÄ£ÀÄß ªÉÄÃ°£À £ÁåAiÀiÁ®AiÀÄªÀÅ «¼ÀA§£ÉAiÀÄ°èlÖ ¸ÀAzÀ¨sÀðzÀ°è CªÀgÀ CªÀiÁ£ÀvÀÛ£ÀÄß ªÀÄÄAzÀÄªÀgÉ¸ÀÄªÀ §UÉÎ

172 C.eÁÕ. ¸ÀASÉå: ¹D¸ÀÄE 13 ¸ÉÃE« 2000, ¢£ÁAPÀ: 9.10.2000

¸ÀPÁðj £ËPÀgÀgÀÄ ¸ÉÃªÉAiÀÄ°èzÁÝUÀ ²¹Û£À £ÀqÀªÀ½PÉUÀ¼À£ÀÄß ¥ÁægÀA©ü¹, CªÀgÀÄ ¤ªÀøvÀÛgÁzÀ £ÀAvÀgÀ zÀAqÀ£É «¢ü¸ÀÄªÀ ¥ÀæPÀgÀtUÀ¼À£ÀÄß vÀqÉAiÀÄÄªÀ §UÉÎ.

173 ¸ÀÄvÉÆÛÃ¯É ¸ÀASÉå: ¹D¸ÀÄE 18 ¸ÉÃE« 2000 ¢£ÁAPÀ: 4.11.2000

PÀ£ÁðlPÀ ¹«¯ï ¸ÉÃªÁ (ªÀVðÃPÀgÀt, ¤AiÀÄAvÀæt ªÀÄvÀÄÛ ªÉÄÃ®ä£À«) ¤AiÀÄªÀÄ 1957gÀ ¤AiÀÄªÀÄ 11(2) gÀ ¥ÀæPÁgÀ E¯ÁSÁ «ZÁgÀuÉAiÀÄ£ÀÄß ¯ÉÆÃPÁAiÀÄÄPÀÛ ¸ÀA¸ÉÜUÉ ªÀ»¸ÀÄªÀ §UÉÎ


PÀ£ÁðlPÀ ¹«¯ï ¸ÉÃªÁ (ªÀVðÃPÀgÀt, ¤AiÀÄAvÀæt ªÀÄvÀÄÛ ªÉÄÃ®ä£À«) ¤AiÀÄªÀÄ 1957gÀ ¥ÀæPÁgÀ ¸ÀPÀæªÀÄ ¥Áæ¢üPÁgÀUÀ¼ÀÄ CªÀgÀªÀjUÉ ¥ÀæzÀvÀÛªÁzÀ C¢üPÁgÀUÀ¼À£ÀÄß ZÀ¯Á¬Ä¸ÀÄªÀ §UÉÎ


¸ÀPÁðj £ËPÀgÀ£À «gÀÄzÀÞ PÀæ«Ä£À¯ï ªÉÆPÀzÀÝªÉÄAiÀÄ°è RÄ¯Á¸É ªÀiÁrzÀ ¥ÀæPÀgÀtUÀ¼À°è CªÀgÀ «gÀÄzÀÞ E¯ÁSÁ «ZÁgÀuÉ ªÀiÁqÀÄªÀ §UÉÎ ªÀiÁUÀð¸ÀÆa

176 C.eÁÕ. ¸ÀASÉå: ¹D¸ÀÄE 1 ¸ÉÃE« 2001 ¢£ÁAPÀ; 7.2.2001

ZÀÄ£ÁªÀuÁ PÁAiÀÄðPÀæªÀÄPÁÌV ¤AiÉÆÃf¸À®àlÖ ¸ÀPÁðj £ËPÀgÀgÀ ªÉÄÃ¯É ¨sÁgÀvÀ ZÀÄ£ÁªÀuÁ DAiÉÆÃUÀªÀÅ ºÉÆA¢gÀÄªÀ ²¹Û£À C¢üPÁgÀ ªÁå¦ÛAiÀÄ §UÉÎ

177 C.eÁÕ. ¸ÀASÉå: ¹D¸ÀÄE 3 ¸ÉÃE« 2001 ¢£ÁAPÀ: 24.3.2001

¸ÀPÁðj £ËPÀgÀgÀ ªÉÄÃ¯É £ÁåAiÀiÁ®AiÀÄzÀ°è PÁ£ÀÆ£ÀÄ PÀæªÀÄ dgÀÄV¸À®Ä ªÀÄAdÆgÁw ¤ÃqÀÄªÀ §UÉÎ.


¸ÀPÁðj £ËPÀgÀgÀ «gÀÄzÀÞ ²¸ÀÄÛ PÀæªÀÄªÀ£ÀÄß DgÀA©ü¸ÀÄªÀÅzÀgÀ°è, £ÀqÉ¸ÀÄªÀ°è ºÁUÀÆ CAwªÀÄUÉÆ½¸ÀÄªÀÅzÀgÀ°è «¼ÀA§ªÀ£ÀÄß vÀqÉUÀlÖ®Ä ¤UÀ¢¥Àr¸À¯ÁVgÀÄªÀ PÁ®«ÄwAiÀÄ ¥ÀjµÀÌgÀuÉ PÀÄjvÀÄ


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182 Note No. DPAR 876 SRC 2002 Powers to impose penalties on the various categories of posts in Karnataka Government Secretariat

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195 Circular No. DPAR 1 SDE 2005 date: 9.2.2005

Furnishing incomplete information/ records while recommending for initiating Departmental enquires - regarding

Circular

No.AD 19181-94 SE (Ac)1-56-1, dated: 5-12-1956

Sub:- Procedure in Anti-Corruption cases In modification of the procedure indicated in the Official Memorandum No.m.580-93/E.A.2-56-1, dated 13th April 1956, where Government propose to pass an original order in disciplinary case files of the Efficiency Audit Department the following revised procedure is brought into force forthwith.

1. The Special Officer, Efficiency Audit may after completion of investigations in a case submit the records of enquiry with the findings and recommendations to the Chief Secretary to Government in the General Administration Department, (2) The General Administration Department will forward it to the Administrative Department concerned for necessary action, except in those extraordinary cases where the issues and the officials involved are such that it is not deemed fit to consult the Administrative Department at all. In such latter cases, the Chief Secretary may take the orders of the Minister in the Administrative Department and Chief Minister, direct. (3) The Administrative Department will examine the report and take necessary disciplinary action promptly as per procedure laid down if it agreed with the report. As and when cases are so disposed of by the Administrative Departments, they should inform the General Administrative Department about the manner of disposal. (4) Where the Administrative Department is not in a position to agree with the report, its comments should come to the General Administration Department, where further action would be considered.

G.O.No.GAD 18 PHS 57 dated 20th March 1957

Sub:- Prompt transmission of appeals of Government Servants with relevant documents.

A Case has recently come to notice where disciplinary action was taken by a Government Officer against a Subordinate officer. The Subordinate officer appealed and on that appeal the Head of the Department was asked by Government to send up all the relevant papers. Inspite of a number of reminders, the papers did not reach Government for a period of nearly two years. Government issued peremptory orders for the submission of the papers.

2. This state of affairs is thoroughly unsatisfactory and showed that the Head of the Department did not realise his responsibility in the matter.

3. Government rightly insist that appeals and representations from Government Servants will reach Government through the proper channel. This, however casts an equal responsibility on the superior officers to see that such appeal papers or representations are transmitted to Government promptly and are not delayed unduly. Such delay may cause irreparable damage to the Government servant concerned and in its turn, may give rise to a crop of direct representations to higher authorities which is determental to administrative discipline and efficiency.

4. It is accordingly impressed on all officers that appeals and representations against orders addressed to higher authorities should be promptly forwarded with all the

relevant documents. Where any authority delays transmission of such papers, serious notice of such delay may have to be taken.

O.M.No.GAD (S-1) 80 RSR 57, dated 9th May 1957

Notifying the dismissal of Government Servants Under the instructions in force, it has been the practice to notify the dismissals of Government Servants of erstwhile Mysore State in the Mysore Gazette in the following cases, viz:-

(i) When it is necessary to notify to the public of the removal from service of an officer, whether because his appointment was previously gazetted or from any other cause; and

(ii) When it is specially desired to exclude from re-employment in the service of Government, a public servant who has been dismissed for a heinous offence such as fraud or falsification of accounts.

It is now considered that the above procedure should be made uniformly applicable to the whole of the new Mysore State. Therefore, in supersession of all the previous instructions in the matter, it is hereby directed that all cases of dismissals of Government Servants should be referred to the Chief Secretary to the Government in the General Administration Department (Services) every quarter for notifying the same in the Mysore Gazette and for enabling the compilation and forwardal of such notifications to the Heads of Departments, etc.

O.M.No: OSD 2 SMR 57, dated 29th June 1957. Sub:- Procedure for consulting the Public Service Commission in Disciplinary and

other matters.

The following instructions are issued to regulate the procedure to be followed by the Departments of the Secretariat in their dealings with the Mysore Public Service Commission:

1. Whenever opinion of the Public Service Commission is required on a disciplinary matter, the present practice of referring the file itself to the Public Service Commission for opinion and the Commission recording its opinion on the Secretariat file itself is not suitable.

2. In such disciplinary cases the Secretariat files should not be referred unofficially to the Public Service Commission for their advice/opinion; instead of a self-contained letter should be sent together with all papers relating to the Departmental Enquiry, viz., the charge-sheet, the proceedings before the Enquiry Officer including the findings recorded, the documents filed and the report of the Enquiry Officer. The Commission's reply will then be sent to Government by a letter and, therefore, this practice will obviate any difficulty which may otherwise arise in supplying copies of papers asked for by the delinquent Government servant.

3. All references to the Commission in disciplinary cases should be made directly by the Administrative Department concerned by an official letter addressed to the Secretary of the Commission. Every such reference should be accompanied by all relevant papers or copies of such papers. In such cases references to be Public Service Commission need be routed through the General Administration (Services) Department only in cases where

general principles of methods of recruitment, promotion and transfer from one service to another are involved. Under no circumstances should any Secretariat file containing Departmental notes and minutes form part of the records sent to the Commission for advice/opinion.

4. All cases of appointment by promotion to services and posts falling within the purview of the Commission should be shown to the General Administration (Services) Department before consulting the Commission under the relevant provisions of the Mysore Public Service Commission Rules in this behalf.

5. When the Commission has come to conclusion in the matter it shall communicate its recommendations/advice to the Department which makes the reference. When the Department concerned has received the Commission's recommendations/advice and has arrived at its own conclusion as to the orders which should be issued, it shall, before issuing the orders, in cases where general principles arise, consult the General Administration (Services) Departments. When the Department is not prepared to accept the recommendations/advice of the Public Service Commission, the case should be put up by the Secretary of the Administrative Department concerned to the Minister of the portfolio Department concerned and the Chief Minister through the Chief Secretary. If it is decided not to accept the advice of the Commission a second reference to the Public Service Commission may be made.

6. If in any case it becomes necessary eventually not to accept the advice of the Commission, a Council Note should then be prepared and submitted to the portfolio Minister of the Administrative Department concerned and the Chief Minister through the Chief Secretary.

7. If the Council decides to over-rule the advice/recommendation of the Public Service Commission then the reasons for non-acceptance of the advice of the Commission should be communicated to the Public Service Commission.

8. The Commission shall be informed of the action taken on its recommendations by the Administrative Department concerned in all cases (including those relating to the recruitment) which have been referred to the Commission for advice. Ordinarily an endorsement forwarding copies of orders issued by Government in such cases will suffice.

9. As soon as a case is received back from the Commission with its advice, the Secretariat Department concerned should without any delay dispose of the case in conformity with the instructions contained in the Mysore Government Rules of Business and Secretariat instructions.

10. These instructions should be followed strictly.

REVENUE DEPARTMENT

G.O.No.RD 185-RGP 57/2023-26A, dated 17th July 1957. Departmental enquiries - Instructions for conducting of

According to orders issued by the Bombay Government, Departmental enquiries against Government Servants should be completed within a period of three months, from the date, a decision has been taken to hold such an enquiry, and that if the enquiry could not be completed that time for any reason, orders of Government should be obtained for the extension of the period. This subject was discussed at the Divisional Commissioner's Conference held in January 1957. In the other integrated areas, there is no stipulation of

time. The Divisional Commissioners were of opinion that the proceedure in vogue in Bombay may also be brought into force in the entire State.

Agreeing with the Divisional Commissioners, Government issue the following instructions in the matter of Conducting departmental enquiries in the State.

1. An enquiry should be completed within a period of three months from the date, a decision has been taken to hold such an enquiry.

2. In the case of enquiries held by an officer subordinate to the Deputy Commissioner/ Collector, the Deputy Commissioner/Collector may extend the period by two months.

3. In the case of enquiries conducted by the Deputy Commissioner/Collector, the Divisional Commissioner may extend the period by two months.

4. If further extension of time is considered necessary sanction of Government shall be obtained.

Government Circular No.GAD (S-1)25 SSR 57 dated 13th September 1957 Sub:- Anti-Corruption cases - Punishment.

In an anti-corruption case in which a Sub-Registrar, a Clerk, an Attender and a Peon were involved and the evidence established that (a) the Sub-Registrar had taken a bribe directly in one case and clouded in the taking of a bribe in the second case, (b) the clerk had taken bribe directly in one case, (c) the peon had actively participated in the first case of bribery, and (d) the attender had directly received the bribe in the second case, the recommendation that the head of the office and clerk be reduced to a lower stage of the time-scale that the attender be removed from service and the peon compulsorily retired was accepted and orders issued accordingly.

2. The case came to notice recently on a review petition. The Chief Minister has observed on this case as follows:-

"I very much wanted to revise the order, But in view of the orders, dated 12th January 1956 and 14th September 1956, I do not want to disturb them. There should be finality. Yet I would like to make an observation. While the more educated and responsible officials like the Sub-Registrar and the clerk from whom, in view of their superior status better moral conduct is expected are punished by lowering their salaries, these two poor possibly illiterate officials, the attender and the peon, are so heavily punished by being dismissed with service. I feel it would have been more equitable and just if the two educated officials the Sub-Registrar and the clerk, had been dismissed and the peon and attender had their pay lowered. That I feel would be maintaining better standards of meeting out justice. I wish this is accepted in future.

3. In bringing these observations to your notice it is requested that the authority awarding punishment should see that the punishment is not only commensurate with the offence but bears a relation also to the relative degrees of responsibility and sense of duty which officials at various levels are expected to display.

O.M.NO.GAD (OM) 9 SMR 57, dated 12th December 1957

Sub:- Procedure for submission of Representations by Government Servant.

Government is pleased to issue the following instructions in regard to submission of representations by Government Servants in respect of any matters pertaining to their service and in respect of any disciplinary matters or orders affecting their conditions of service. Provision is made for an appeal by the Government Servant under Rules 18 to 22 of the Mysore Civil Services (Classification, Control and Appeal) Rules 1957. Representations should be addressed to the authority competent to entertain the appeal and not to other authorities.

2. All representations should be concise, set out the grounds relied upon by the Government servant and clearly specify the reliefs sought. As a second representation on the same subject will not be entertained, it will be in the interest of the Government servant to set out all relevant grounds and to mention all the reliefs which has seeks, in his representations.

3. Any Government servant who has a grievance from which he seeks relief, must send in his representation in his own name. Joint representations by more than one Government servant will not be considered. This bar does not apply to representations made by recognised Service Associations in accordance with their conditions of recognitions.

4. The representations should invariable be accompanied by a copy of the order appealed against, if any.

5. The representation should be sent through the official superior of the Government servant concerned, who should forward the representation with the relevant papers and his comments, if any, without delay, to the higher authorities, except in the circumstances mentioned in para 9 below.

6. An appeal or representation should be submitted within three months of the order appealed against. An appeal or representation submitted beyond that period will only be entertained at the discretion of the Government, on Government being satisfied that there were adequate reasons for not submitting the representations within time.

7. Where Government has already passed on order on a representation, a fresh representation on the same subject will not be entertained, unless the representation on the face of it discloses new grounds not before Government when the previous order was passed and adequate reasons for not placing those grounds before Government at that time. Any such representations received will be merely recorded and no action will be taken thereon.

8. An Officer who receives the representation from a subordinate office will transmit the papers to proper authorities, with his comments and with the relevant records if any, in his possession, with the least possible delay.

9. The representation should, however, be withheld in the following cases.

(i) It is time-barred and sufficient reasons are not assigned for the delay in submitting the representation.

(ii) A copy of other order appealed against is not annexed to the representation.

(iii) A representation is debarred under paras 3 & 7.

The fact that a representation has been withheld and the reasons thereof shall be communicated to the Government servant concerned except where the representations is withheld under clause (iii) above.

10. The representation received from a Government servant should be forwarded by his immediate superior officer through the official channel. The practice sometimes adopted

of handling back the representations to the aggrieved officer himself with the remarks of the higher officer, for being taken personally to the higher authority, is not correct and should cease. All noting on representations by officers at all levels and in the Secretariat is confidential and should not be communicated to unauthorised persons.

11. The Government servant who after having made a representation does not receive an order thereon within a period of two months, shall be entitled to send copies of his representation directly with a copy of such communication to the authority through whom the representation was originally addressed. Where the advance copy received does not show that proper authorities at lower levels have been approached for securing necessary relief, no action need be taken on the representation. Where, however, the advance copy indicates that relief from the appropriate authorities at lower levels has been sought in vain, the authority who receives the representations should take prompt action to get the relevant records and pass suitable orders in the case.

12. The authority who withhold a representation shall, every three months, send a statement of representations withheld by him, to the authority to whom the representations withheld were addressed.

13. These instructions are issued in supersession of all previous rules, orders and instructions on this subject. The procedure prescribed in these instructions shall, save as otherwise provided in any rules made under the proviso to Article 309 of the Constitution of India, be applicable to all representations pending on the date of issue of these instructions.

Official Memorandum No.GAD(OM) 3 CAR 57 dated 14th December 1957 Sub:- Procedural instructions regarding the holding of Departmental Enquiries under

the Mysore Civil Services (Classification, Control and Appeal) Rules 1957.

The procedure to be follwed before an order of reduction to a lower post or time-scale or to a lower stage in a time-scale, compulsory retirement before completion of the prescribed number of years of qualifying service, removal or dismissal is passed against a Government servant under rule 8 of the Mysore Civil Services (Classification, Control and Appeal) Rules, 1957, subject of the exceptions mentioned in rule 14, is prescribed in rule 11 of those rules. Neglect in the due observance of the provisions of the rule is liable to vitiate the whole proceedings and the ultimate order passed therein. It may often happen that though on merits on order of punishment may be fully justified, it may have to be set aside an account of some technical defect or irregularity committed in the conduct of the inquiry. This may often enable a guilty party to escape punishment as also cause considerable financial loss to Government. The following instructions are therefore issued for the guidance of officers who may have occasion to hold an inquiry under the above mentioned rule. Before holding an inquiry such officer is requested to go through these instructions carefully and adhere to them:-

1. Preliminary enquiry:- (a) Before commencing and departmental enquiry against a Government servant with regard to a disciplinary matter, it is necessary that thenar should be sufficient evidence gathered by way of preliminary enquiry and the authority competent to order the enquiry should be satisfied that there is sufficient prima-facie evidence to start disciplinary proceedings against the Government servant concerned. This preliminary enquiry may be made by any officer under whose administrative control the officer alleged to be at fault is working (or was working at the time the acts complained of were

committed), but the decision to hold the enquiry can only be taken by the authority competent to hold the enquiry under the rules.

(b) Any officer can ask for an explanation from a subordinate officer in respect of any matter pertaining to his duties and it will often be advisable before initiating a departmental enquiry to obtain the explanation as, after obtaining the explanation, the reporting authority may feel that there is no case to initiate departmental proceedings at all. The asking of such an explanation is, however, not compulsory and the authority competent to order the investigation, will have to decide, according to the circumstances of each case, whether such an explanation should be obtained before issue of a chargesheet or not.

2. Issue of Charge-Sheet:- (a) Once the authority competent to appoint the enquiry officer is satisfied that a departmental enquiry is necessary, or he is directed by higher authority to hold a departmental enquiry the first higher authority to hold a departmental enquiry the first step will be to appoint an Enquiry Officer (if a higher authority has directed the officer to hold the enquiry himself, he himself will be the Enquiry Officer). The Enquiry Officer should frame a charge-sheet containing:-

(i) definite charge or charges,

(ii) under each charge the grounds on which that charge is based, and

(iii) any other circumstances which it is proposed to take into consideration in passing orders in the case.

Each charge should be drawn up clearly and precisely and care should be taken to avoid vagueness.

(b) The charge-sheet should conclude with the following formula:-

"Please show cause why suitable disciplinary action should not be taken against you on the charges mentioned above."

"You are required herewith to put in any written statement you may desire to submit in your defence by ................. (the date to be specified). Please also state whether you desire any oral enquiry and/or to be heard in person. In case you desire any oral enquiry to be held please specify the witnesses you desire to cross-examine and the witnesses you desire to examine in your defence. Your attention is invited in this connection to rule 11(6) of the Mysore Civil Services (Classification, Control and Appeal) Rules 1957. In case you fail to put in your written statement by the above date, the undersigned may proceed with the enquiry on the basis that you have no defence to offer".

3. Written statement in defence-The Enquiry Officer should fix a reasonable time within which the written statement must be filed. In dealing with requests if any, for further time, by the accused Government servant, the Enquiry Officer Will consider whether the accused Government servant is sufficiently active in the preparation of his defence and whether the time asked for is really necessary. An accused Government servant must have reasonable facilities for the preparation of his defence, and subject to this condition, it is the Enquiry Officer's responsibility to complete the Departmental proceedings with the greatest despatch and submit his report to the appropriate authority. Normally, the maximum period for which an officer can be kept under suspension is six months and, as within this period, final orders have to be passed, it would be reasonable to except the Government servant concerned to put in his defence within three to five weeks according to the nature of the case. These limits are only ment for general guidance and are not to be taken as absolute limits. In simple and straight forward cases, even three

weeks may not be necessary, while a case which involves study of columinous record, not in the Government servant's own office, a longer period than five weeks may be necessary.

4. Request for an oral inquiry and/or to be heard in person:- (a) If within the prescribed time, or such further time as the Enquiry Officer may give, no written statement in defence is filed and no request in writing is made for oral enquiry or for being heard in person, the Enquiry Officer may either record his findings forthwith without holding any further enquiry, or, at his discretion, enquire into the matter further to satisfy himself about the truth of the charges. An enquiry must be held where the Government servant asks for it, or has expressed a desire to be heard in person, or having regard to the written statement in defence or the statement made by the Government servant himself when he is heard in person, a further enquiry is necessary to decide the truth of the charges.

(b) Except in respect of very straight forward cases, the Enquiry Officer will always find it useful to examine the Government servant concerned orally, irrespective of whether the Government servant desires to be heard in person or not.

5. Record of evidence:- (a) At the oral enquiry evidence should be heard on charges which are not admitted or which, though admitted, the Enquiry Officers desires to investigate. The enquiry, however, should not extend to matters not mentioned in the charge-sheet.

(b) The evidence in support of the charges should be recorded first and the accused Government Servant given an opportunity to cross-examine the witnesses.

(c) The evidence of each witness should be recorded in the form of a narrative and when the evidence is completed it should be read over to the witness, and, if necessary explained to him in the language in which it was given. If the witness denied the correctness of any part of the evidence when it is read over to him, the Enquiry Officer may either carry out the correction or, instead of correcting the evidence, make memorandum of the objection and add such remarks as he thinks necessary. Then, the statement shall be signed by the Enquiry Officer. Copies of such evidence as are required by the accused Government servant may be permitted to be taken by him or at the discretion of the Enquiry Officer supplied to him.

6. Enforcing the attendance of witnesses:- (a) The Officer holding the enquiry has no power to enforce the attendance of any non-official witnesses. As regards official witnesses he should be able to procure their presence either by writing to them direct or to their superior officers at appropriate levels. Normally, the request to call an official witness, when his evidence is relevant, should not be rejected. When, however, it appears that the request is frivolous or vexatious or it is made with a view to prolong unnecessarily the enquiry, the request should be refused and the reasons there of recorded in writing.

(b) The above instructions for recording the evidences of witnesses apply equally to the record of the examination of the accused Government servant himself.

7. Expenses of witnesses:- Except where they are official witnesses whose evidence is, in the opinion of the Enquiry Officer, relevant the expenses of witnesses called by the Enquiry Officer at the instance of the person charged should be borne by the latter. Before asking such a person to appear before him as a witness, the Enquiry Officer may require the person charged to deposit the necessary expenses with him. The expenses of other witnesses called to give evidence should be borne by Government. As far as official witnesses are concerned, their appearance at the enquiry will form part of their duty.

8. Inspection of documents by the Government servant concerned:- The Enquiry Officer should give every reasonable facility to the accused Government servant to inspect

any documents or records necessary for the purpose of preparing his defence. Such inspection shold be arranged in the presence of a responsible Government servant to ensure that the records are not tampered with in any manner. The documentary evidence in the custody of the accused should be produced by him along with his written statement. If it is produced later, the Enquiry Officer may admit or reject it in his discretion. Normally such evidence should not be rejected unless it has the effect of unnecessarily prolonging the enquiry and the accused Government servant has not offered a reasonable excuse for not having produced the evidence earlier.

9. Enquiry Officer's responsibility:- It is the Enquiry Officer's responsibility to arrive at the truth of falsity of the charges against the Government servant. For this purpose, it is his responsibility to put whatever questions as may be necessary both to the witnesses examined in support of the charge and to the withnesses produced by the accused Government servant.

10. Prohibition against appearance by Lawyers:- Lawyer should not be allowed to appear in departmental enquiries, whether for the accused Government servant or against the accused Government servant. Rule 28 of the Classification Control and Appeal Rule refers.

11. Submission by the accused of another written statement:-After all the evidence has been heard, the person charged shall, if he so desires, put in a further written statement in his defence and also explain his defence orally to the Enquiry Officer.

12. Drawing up of the findings by the Enquiry Officer:- (a) On completion of the enquiry, including the personal examination of the accused Government servant, if any, as the case may be, the enquiry officer shall record his findings in respect of each charge, with reasons thereof, and forward the proceedings to the authority appointing him.

(b) The proceedings, forwarded shall contain,-

(i) the charges framed against the Government servant alongwith the grounds of charge;

(ii) written statement filed in defence, if any;

(iii) a sufficient record of the evidence, given during the oral enquiry as also the documentary evidence;

(iv) a memorandum of the points urged by the Government servant concerned during the personal hearing, if any;

(v) a statement of the finding of the Enquiry Officer on the different charges and the grounds therefor; and

(vi) the penalty recommended.

13. Provisional conclusion:- The authority competent to impose punishment, on perusal of the proceedings, shall come to a provisional conclusion in regard to the penalty to be imposed.

14. Giving of a second or further opportunity to the person charged:- If this penalty is any one of the penalties mentioned in clauses (v), (vi), (vii) and (viii) of rule 8 of the Rules, the person charged should be supplied with a copy of the report of the enquiring authority and be called upon by t he competent authority or such other officer authorised by it in this behalf to show cause within a reasonable time, not ordinarily less than one week, or exceeding one month, against the particular penalty proposed to be inflicted.

Any representation in this behalf submitted by the person charged shall be duly taken into consideration before final orders are passed.

15. Consultation with the Public Service Commission:- (a) Where the authority to impose punishment is Government it is, save in exceptional cases, necessary, before passing an order, to consult the Public Service Commission. In asking for the advice of the Commission, the complete records of the case, namely, the records mentioned in para 12(b), the show cause notice issued under para 14 and the Government servant's reply, if any, should be forwarded to the Commission. It would not be necessary to examine the case in great detail at this stage, as Government would take a final decision only after receiving the advice of the Public service Commission. For the same reason, unless the Minister concerned has specifically so directed, it is ordinarily undesirable and unnecessary to obtain the orders of the Minister concerned at this stage.

(b) On receipt of the advice of the Commission, the papers should be submitted to the Minister concerned for orders.

(c) Where, for any reason, it is felt that the Commission's advice cannot be accepted, the papers should be referred to the General Administration Department. The General Administration Department will either take up the case again with the Commission or, in case it is felt necessary to deviate from the advice of the Commission, submit the case to the Council of Ministers for final orders.

16. Drawing up of the final order:- (a) The final order containing the decision of the authority competent to impose the penalty should be a self-contained order. The order should set out briefly the relevant facts, findings of the Enquiry Officer, the advice of the Commission and Government's decision thereon with reasons in brief for any departure from the findings of the Enquiry Officer or advice of the Commission, and it should be signed by an officer authorised to sign orders on behalf of Government under the Rules of Business, if Government issues the order or in other cases by the authority competent to impose the particular punishment. A copy of this order should be supplied to the accused Government servant.

(b) A copy of the letter of the Public Services Commission containing its advice may, if applied for, be supplied to the accused Government servant.

17. Cases in which procedure detailed above need not be follwed:- The procedure laid down in rules 11, 12 and 13 of the Rules may not be followed and all or any of the above instructions may be waived in the following cases:-

(i) when the order of punishment, i.e., reduction, compulsory retirement, removal or dismissal, is based on facts which have led to the conviction of the person charged in a criminal court. In such cases the order of punishment may be passed on the strength of the facts as disclosed in the criminal case;

(ii) where the Disciplinary Authority is satisfied for reasons to be recorded in writing that it is not reasonably practicable to follow the procedure prescribed in the said rule, e.g., where the Government servant has absented himslef from duty and the address of the Government servant is not known; or

(iii) where the Governor is satisfied that in the interest of the security of the State, it is not expedient to follow such procedure, the Disciplinary Authority may consider the circumstances of the case and pass such orders thereon as it deems fit:

Provided that the Commission shall be consulted before passing such orders in any case in which such consultation is necessary.

18. Procedure to be followed in cases of minor punishments:- It is not necessary, to follow the elaborate procedure detailed in the preceding paragraphs in respect of penalties mentioned in clauses (i), (ii), (iii) and (iv) of rule 8 of the Rules. But before imposing any such punishment, the Government servant should be given a reasonable opportunity to make a representation against the action proposed to be taken. In particular, it is not necessary to give the Government servant, in such cases a notice to show cause against the proposed punishment after he had an opportunity to answer the allegations aganist him.

19. Suspension:- (a) Placing of a Government servant under suspension under rule 10 of the Rules where an enquiry into his conduct is contemplated, or is pending, would imply the commencement of a departmental inquiry in a disciplinary action. This Action shall not require the giving of a prior notice and obtaining the explanation of the Government servant concerned.

(b) The purpose in placing an officer under suspension is to keep him away from a position where he can interfere with conduct of the enquiry or temper with the documentary or oral evidence in any manner, or, where, having regard to the nature of the charges against him, it is felt that it would be unsafe to continue to vest in him the powers of his post.

(c) Where an officer is placed under suspension, it is particularly necessary to expedite the enquiry proceedings and to complete the departmental enquiry as early as possible.

(d) The authority competent to suspend a Government servant, while issuing the orders of suspension should invariably mention in the said order the subsistence allowance which shold be paid to the Government servant concerned under the rules.

(e) A Government servant should not be suspended pending enquiry as a measure of punishment. Where, however an officer has been suspended pending enquiry into his conduct, the following courses would be open at the conclusion of the inquiry:-

Where the authority competent to impose any punishment-

(i) makes an order fully exonerating or acquitting him, the period during which he was under suspension pending the inquiry shall be deemed to be period of duty and the Government servant shall be entitled to full pay and allowances as if he had not been placed under suspension:

(ii) makes an order imposing any penalty, other than a penalty of compulsory retirement, removal from service or dismissal from service, the Government servant shall be paid for the period of suspension such proportion of his pay and allowances not less than subsistences allowance payable under the rules as the said authority may in its discretion specify; and where no such proportion is specified, the Government servant shall be paid the maximum subsistence allowance admissible under the rules relating to grant of subsistence allowance and the period of suspension shall count as duty unless the said authority has otherwise directed:

(iii) makes an order imposing the penalty of compulsory retirement, removal from service or dismissal, shall be paid for the period of suspension such proportion of his pay and allowances as the said authority may, in its discretion specify and where no such proportion is specified the maximum subsistence allowance admissible under the rules relating to grant of

subsistence allowance and the period of suspension shall not count as duty for any purpose unless the said authority has otherwise directed.

20. Cases of alleged criminal misconduct of Government Servants:- The following procedure should normally be adopted in cases of alleged criminal misconduct of Government Servants:-

(a) As soon as sufficient evidence is available for the purpose in the course of investigation in case of misconduct, whether such investigation is conducted departmentally, through the Anti-Corruption Department or through the Police, action should be taken under the Mysore Civil Services (Classification, Control and Appeal) Rules, 1957 or other appropriate disciplinary rules, and disciplinary proceedings should be initiated forthwith. Such departmental proceedings need not interfere with the Police investigation, which may be continued, where necessary. After the departmental proceedings are concluded, the penalty, if any, imposed as a result thereof, the question of prosecution should be considered in the light of such material as may have become available as a result of the investigation.

(b) In suitable cases, criminal proceedings should thereafter be initiated. Before initiating such proceedings advice on the evidence should be obtained from Government's legal advisers, including in sufficiently important cases from the Advocate-General. Where the conduct of a Government servant discloses a grave offence of a criminal nature, criminal prosecution should be the rule and not the exception. Where the competent authority is satisfied that there is no criminal prosecution, which can be reasonably sustained against such an officer prosecution should not, of course, be resorted to, but prosecution should not be avoided merely on the ground that the case might lead to an acquittal.

(c) Should the decision of the trial court or the appellate court, as the case may be, lead to the acquittal of the accused, it maybe necessary to review the decision taken earlier as a result of the departmental proceedings a point to be taken into account in such review would be whether the legal proceedings and the departmental proceedings covered precisely the same grounds.

If they did not, and the legal proceedings related only to one or two charges, i.e., not the entire field of departmental proceedings, it may not be found necessary to alter the decision already taken. Moreover, it should be remembered that while the court may have held that the facts of the case did not amount to an offence under the law, it may well be that the competent authority in the departmental proceedings might hold that the Government servant was guilty of a departmental misdemeanor and he had not behaved in the manner in which a person of his position was expected to behave.

O.M.No.GAD(S-1) 80 RSR 57, dated 4th January 1958.

Sub: Preparation and submission of quarterly returns of dismissed Government Servants.

In continuation of the instructions issued in Official Memorandum No.GAD (S-1) 80-RSR-57, dated the 9th May 1957, it is directed that particulars as noted below be furnished in the prescribed quarterly return in respect of dismissed persons should be-included in the prescribed return only after the statutory appeal, if any, preferred by him is disposed of; or after the time prescribed in the rules for preferring the appeal has elapsed and no appeal has been preferred by him.

1. Name, Father's Name and Educational Qualification.

2. Date and Place of Birth

3. Place of Residence

4. Marks of identification

5. Post held

6. Reasons for dismissal.

2. Nil returns should also be sent

O.M.No.GAD(S-1) 80, RSR 57, dated: 4th February 1958 Sub:- Quarterly statements of dismissals of Government Servants-forwardal of for

notification.

Instructions regarding preparation and submission of quarterly returns of dismissed Government Servants have been issued in Official Memorandum No.GAD (S-1) 80, RSR 57, dated 9th May 1957 and 4th January 1958. It is noticed that statements of dismissals of Government Servants are not being submitted to Government punctually. As even 'nil' returns have to be sent it is directed that the returns should be submitted to Chief Secretary to Government so as to reach on the 5th of the following quarter punctually.

Circular No. GAD 11 GEI 58, dated 30th May 1958.

Confidential Records - entries. Attention is invited to the Chief Secretary's circular No.GAD 11-GEI-58, dated 15th May 1958, wherein it has been impressed that copies of orders regarding action taken against Government Servants in disciplinary proceedings should be placed in their confidential records. Apart from penalties actually imposed, there are case in which orders are passed or directions are given, which have a bearing on the transfers or promotion of the Government servant concerned or on the capacity of the Government servant. It is essential that even though such directions or orders may not amount to a punishment, copies thereof should be kept in the respective confidential records and while considering proposals for transfer or promotion; the confidential record of the particular Government servant should be invariably referred to.

O.M.No: GAD 27 SSR 58, dated 18th October 1958 Sub:- Procedure in Disciplinary cases - avoidance of delay.

It has been brought to the notice of Government that on may occasions the Departments do not send at once all the relevant records pertaining to disciplinary cases referred to the Public Service Commission with the result that it becomes impossible for the Commission to communicate their recommendations without delay. The urgency in the disposal of disciplinary cases need hardly be emphasised. Attention of the Secretariat Department is invited to para 13 of O.M.No:GAD (OM) 3 CAR 57, dated the 14th

December 1957, and it is requested that as laid down in that para, the following documents are invariably sent to the Commission, when it is consulted in disciplinary cases:-

(i) the charges framed against the Government servant along with the grounds of charge;

(ii) written statement filled in defence, if any;

(iii) a sufficient record of the evidence given during the oral enquiry as also the documentary evidence;

(iv) a memo of the points urged by the Government servant concerned during the personal hearing, if any;

(v) statement of the findings of the Enquiry Officer on the different charges and the grounds therefor;

(vi) the penalty recommended;

(vii) the show cause notice issued to the Government servant and his reply thereto;

provided that in cases of minor penalties where as per rule 12 of the M.C.S. (Classification, Control and Appeal) Rules, 1957, no departmental enquiry is held, the question of sending the records mentioned at (iii), (iv) and (v) above would not arise.

The service book (or history of services in the case of a Gazetted Officer) and the confidential record of the Government servant should also be sent to the Commission in all cases since they are necessary in determining the quantum of penalty.

The Departments are also requested to see that in cases where a Departmental Enquiry is held and the Government servant in reply to the show cause notice states that he has not been provided with adequate opportunity to cross-examine the witnesses or that there has been some flaw in the conduct of the enquiry, etc., the points raised are examined and their remarks on them made available to the commission whenever it is consulted. Some of these points may raise vital issues visa is the validity of the enquiry itself and it is necessary that the Commission is posted with full information with regard to them before it can give its opinion.

The Departments are requested to follow these instructions scrupulously.

Circular. No: GAD (S.1) 38 SSR 58, dated: 30th October 1958.

Sub:- Misappropriation of Government Money - Enquiry - procedure for.

In a case of misappropriation of government dues, a clarification has been sought, whether immediate steps are to be taken for recovery of the amount and a departmental enquiry started against the delinquent, simultaneously with the launching of a criminal prosecution.

2. Attention is invited, in this connection to the procedure laid down in para 20 of Official Memorandum No. GAD 3 CAR 57, dated 14th December 1957, wherein it has been prescribed the departmental enquiry should first be completed with the greatest despatch before initiating criminal proceedings. Therefore, in misappropriation cases, the proper procedure is first to start a departmental enquiry and to take steps for recovery of the amount from the delinquent, if he is found to have misappropriated the amount.

3. If, after completing Departmental proceedings, it is considered that the case is suitable for proceedings against the delinquent in a Criminal Court, such action should be taken. Once the criminal proceedings have been initiated no steps for recovery of the amount should be taken, until the criminal case is decided. Though there is no legal bar for recovery of the amount pending a criminal trial, it has been recognised as a rule of equity that nothing should be done during the pendency of a criminal trial that would prejudice the defence of the accused.

4. Further, in any case where criminal proceedings have already been initiated before the departmental enquiry has been completed, the departmental proceedings should also be stayed until the disposal of the criminal case, if the subject matter of such proceedings is also the subject matter of a charge against the delinquent in a criminal Court. Such cases should not normally occur hereafter.

ADDENDUM Sub:- Criminal misconduct - Governme

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