schedule-iv - karnatakadpal.kar.nic.in/kanunu padakosha s/kcsr5final).pdf · schedule-iv daftar...

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SCHEDULE-IV

Daftar Band Demonstration MaistryAttender/Attendant Head GardenerDaffedar Assistant Machine MinderBook Binder Dark Room AssistantCask Maistry FiremanPressman Light Keeper Grade (II)Helper 1[xxx]Attender-cum-Mutchi 1[xxx]Jamedar Khalasi1[xxx] DarjiPacker (Senior) ModiLaboratory and 'X' Ray Attender FollowerSurgical Attender Garage AssistantShift Mechanic 1[xxx]Artisan [xxx]1

Leading Fireman MutchiFitter Bee Keeping AttendersRecord Attender Section CutterRiding Boy Assistant BinderSalesman MasonMilk Tester Butler Grade IIMaster Flyer BonesetterSergeants Cook Grade IDairy Operator 2[xxx]

1. Omited by Notification No. DPAR 19 SDE 91, Dated16-6-1993 (w.e.f. 8-7-1993)

2. Omited by Notification No. DPAR 10 SDE 2000, Dated31-1-2001 KGD 5-2-2001.

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Laboratory Attender 1["Cook-cum-Maity, Turner,Head Butler Welder, Blacksmith,Butler Grade I Carpenter, Lift Attender,Laboratory Man Cook Peon, Telephone Attender,

Watchman, Chowkidar,Butler Cycle Orderly, Sweeper,Seamen Vegetarian Cook, Non-Warfmen Vegetarian Cook, Mali,Lascar Thoti, Store-Mazdoor, Time

Keeper, Messmen, Linemen,Gangmen, MiscellaneousCooly, Assistant Sarang,Naik, Scavenger, RubbishCartmen , Cleaner, Helper".]1

1. Inserted by Notification No. DPAR 24 SDE 90, Dated 23-9-1993KGD 14-10-1993.

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Important AmendmentsSl. Notification No. Date Page Nos.No.

1. GAD 28 OSR 59 07-02-1962 ............. 408

2. GAD 41 SSR 69 (GSR 87 dated 26-3-1970) 27-02-1970 ............. 409

3. GAD 12 SSR 73 (GSR 186 dated 2-8-1973) 11-07-1973 ....... 410-412

4. GAD 28 SSR 69 (GSR 14) 12-12-1973 ....... 413-434

5. GAD 50 SSR 74 (GSR 265 dated 18-09-1975) 02-09-1975 ....... 434-437

6. GAD 12 SSR 75 (GSR 152 dated 12-06-1975) 27-05-1975 ............. 438

7. DPAR 34 SSR 75 (GSR 198 dated 22-7-1976) 07-07-1976 ............. 439

8. DPAR 70 SSR 76 (GSR 29 dated 20-01-1977) 15-01-1977 ............. 440

9. DPAR 70 SSR 79 (GSR 149 dated 25-06-1981) 15-06-1981 ....... 441-442

10. DPAR 25 SDE 82 23-08-1983 ............. 443

11. DPAR 11 SDE 83 23-12-1984 ............. 444

12. DPAR 39 SDE 81 27-06-1984 ............. 445

13. DPAR 41 SDE 84 17-06-1985 ............. 446

14. DPAR 2 SDE 85 30-07-1985 ............. 447

15. DPAR 5 SDE 86 07-05-1986 ....... 448-451

16. ûAÉâ°E 4 Éê©EÆ 87 05-05-1987 ....... 452-453

17. ûAÉâ°E 14 Éê©EÆ 87 05-12-1987 ....... 453-454

18. ûAÉâ°E 29 Éê©EÆ 87 22-01-1998 ............. 455

19. ûAÉâ°E 33 Éê©EÆ 88 23-10-1990 ............. 456

20. DPAR 16 SDE 90 23-10-1990 ....... 457-463

21. DPAR 5 SDE 92 13-05-1993 ....... 464-465

22. DPAR 11 SDE 93 03-01-1994 ....... 466-467

23. DPAR 5 SDE 94 13-07-1994 ....... 468-461

24. DPAR 8 SDE 93 22-12-1995 ....... 470-471

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25. DPAR 15 SDE 95 22-03-1995 ....... 472-473

26. DPAR 9 SDE 92 21-01-1997 ....... 474-476

27. DPAR 15 SDE 96 20-06-1997 ............. 477

28. DPAR 2 SDE 99 17-06-1999 ....... 478-479

29. DPAR 13 SDE 99 01-09-1998 ....... 480-482

30. DPAR 4 SDE 99 30-11-1999 ....... 483-485

31. DPAR 7 SDE 99 14-03-2000 ............. 486

32. DPAR 3 SDE 2000 30-05-2000 ............. 487

33. DPAR 37 SDE 2001 26-12-2001 ....... 488-489

34. DPAR 26 SDE 2001 07-12-2001 ............. 490

35. DPAR 19 SDE 95 07-03-2002 ....... 491-494

36. DPAR 4 SDE 2000 15-04-2002 ....... 495-497

37. DPAR 11 SDE 2002 (I) 19-06-2002 ....... 498-499

38. DPAR 11 SDE 2002 (II) 09-08-2002 ....... 500-502

39. DPAR 13 SDE 2002 29-07-2002 ....... 503-526

40. DPAR 29 SDE 2002 14-02-2003 ............. 527

41. DPAR 1 SDE 2003 16-08-2003 ............. 528

42. DPAR 9 SDE 2003 13-11-2003 ....... 529-531

43. DPAR 21 SDE 2003 (I) 01-01-2004 ............. 532

44. DPAR 21 SDE 2003 (II) 20-02-2004 ............. 533

45. DPAR 6 SDE 2004 16-07-2004 ............ 534

Sl. Notification No. Date Page Nos.No.

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General Administration Secretariat

Notification No. GAD 28 OSR 59, dated Bangalore,7th February 1962

In exercise of the powers conferred by the proviso to Article 309of the Constitution of India, the Governor of Mysore hereby makes thefollowing further amendments to the Mysore Civil Services(Classficiation, Control and Appeal) Rules, 1957, namely:-

In the said rules,

(1) to clause (d) of rule 9, the following proviso shall be added,namely:-

"Provided that the penalty of fine specified in Clause (i) of rule 8may also be imposed on members of the State Civil Service, Class IV,by Gazetted Officers who are in charge of the ministerial establishmentof the office, and other Non-Gazetted Officers who are in charge ofsuch establishment".

(2) to sub-rule (3) of rule 18, the following further proviso shallbe added, namely:-

"Provided further that a Government servant belonging to theState Civil Service, Class IV, may appeal from an order passed inexercise of the powers conferred by the proviso to clause (d) of sub-rule of rule 9 to the authority immediately superior to the authorityimposing the penalty".

By Order and in the name of the Governor of Mysore,

P. VENKATRAMAN,Deputy Secretary to Government,

General Administration Department(Organisation and Methods).

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General Statutory Rules issued by the State Governmentunder the Central Acts and State Acts and Rules made by the

Governor under the ConstitutionGeneral Administration Secretariat

NotificationBangalore, dated 27th February 1970

G.S.R. 87:- In exercise of the powers conferred by the provisoto Article 309 of the Constitution of India, the Governor of Mysorehereby makes the following further to amendments to the Mysore CivilServices (Classficiation, Control and Appeal) Rules, 1957, namely:-

1. Title and Commencement .- (1) These rules may be calledthe Mysore Civil Services (Classification, Control and Appeal) (SecondAmendment) Rules, 1970.

2) They shall come into force on the date of their publication inthe Official Gazette.

2. Amendment of rule 8.- After clause (viii) of rule 8 of theMysore Civil Services (Classification, Control and Appeal) Rules 1957,the following proviso and an explanation shall be inserted, namely:-

"Provided that in the absence of special and adequate reasons tothe contrary to be mentioned in the order of the disciplinary authority,no penalty other than those specified in clauses (vi) to (viii) shall beimposed for an established charge of corruption.

Explanation.- For purposes of this proviso the expression"corruption" shall have the meaning assigned to the expression "Criminalmisconduct in discharge of official duty" in sub-section (1) of section 5of the Prevention of Corruption Act, 1947 (Central Act 2 of 1947) orthe meaning assigned to the expressions, "taking gratidication other thanlegal remuneration in respect of an official act" and "obtaining valuablething without consideratin" in sections 161 and 165 respectively of theIndian Penal Code".

[GAD 41 SSR 69]


N.P. JOSHI,Under Secretary

General Administration Department

KGD 26-3-1970

410


Governor under the Constitution


Notification Bangalore, dated 11th July 1973

G.S.R. 186:- In exercise of the powers conferred by the provisoto Article 309 of the Constitution and all other hereby makes the followingrules further to amend the Mysore Civil Services (Classficiation, Controland Appeal) Rules, 1957, namely:-

1. Title and Commencement .- (1) These rules may be calledthe Mysore Civil Services (Classification, Control and Appeal) (SecondAmendment) Rules, 1973.


2. Amendment of rule 9.- After clause (d) of sub-rule (2) ofrule 9 of the Mysore Civil Services (Classification, Control and Appeal)Rules 1957, (hereinafter referred to as the said rules) the followingshall be inserted, namely:-

(e) any of the penalties specified in rule 8 may be imposed on amember of the State Civil Services Class III and IV belonging to anydepartment (other than the Mysore Judicial Department) by the DeputyCommissioner of the District in which such member is working and anappeal against the order of the Deputy Commissioner under this clauseshall lie to the Head of the Department to which such member belongs.

3. Amendment of Schedule-II.- In Schedule II to the said rule,-

(1) in the entries relating to the Department of Public Instruction,after the entries and the heading "Tutorial Staff in High Schools andTraining Colleges etc., the following class of posts and entries shall beinserted namely:-

KGD 2-8-1973

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Social Joint Block Development (ii) DeputyEducation Director Officer DirectorOrganisers of Public Public

Instruction InstructionDeputy Director of (iii) JointPublic Instruction and Director of

(iv) InstructionJoint Director of (vi) Director ofPublic Instruction to Publicof Public (viii) InstructionInstruction

(2) in the entries relating the Department of Agriculture after theentries under the heading "Office of the Cotton Superintendent Schemefor Multiplication and distribution of improved Cotton Seeds in RaichurDistrict the following heading class of posts and entries shall be insertednamely:-

"Office of the Joint Director of Agricultural in charge ofDivisions".

"Grama Joint (1) Block Development (ii) to DeputySevaka Director Officers (inrespect) (iv) Director of

of Agriculture Grama AgricultureAgriculture sevaks working inincharge of the Blocksthe Division

(2) Assistant Director (ii) to Deputyof Agriculture (in (iv) Director ofrespect of Grama- Agriculturesevaks working invarious institutionsetc. other than theBlocks)

Joint Director of (v) to Director ofAgriculture in (viii) Agriculturecharge of theDivision.

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(3) in the entries relating to the Development Department,

(i) the class of posts of "Social Education Organiser (Men andWomen)' and entries relating to thereto shall be omitted;

(ii) in the entries relating to the Class of posts of Gramasevaksand Gramasevikas, in column 1, the words "Gramasevaks and" shall beomitted.

[No. GAD 12 SSR 73]By Order and in the name of the Governor of Mysore,

T.M. VASUDEVAN,Under Secretary to Government,

General Administration Department(Service Rules).

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General Statutory Rules Issued by the State Governmentunder the Central Acts and State Acts and Rules made by the

Governor under the ConstitutionGeneral Administration Secretariat

Government of KarnatakaNotification

Bangalore, dated 12th December, 1973

G.S.R. 14:- In exercise of the powers conferred by the provisoto article 309 of the Constitution of India, the Governor of Karnatakahereby makes the following rules further to amend the Karnataka CivilServices (Classification, Control and Appeal) Rules, 1957, namely:-

1. Title and Commencement.- (1) These rules may be calledthe Karnataka Civil Services (Classification, Control and Appeal) (ThirdAmendment) Rules, 1973.

(2) They shall come into force on the date of their publication inthe Official Gazette.

2. Amendment of rule 2.- In rule 2 of the Karnataka CivilServices (Classification, Control and Appeal) Rules, 1957 (hereinafterreferred to as the principal rules), in clause (e), the words "acting on theadvice of the council of Ministers", shall be omitted.

3. Amendment of Rule 8.- In rule 8 of the principal rules,-

(1) for the words "The following penalties" the words "One ormore of the following penalties" shall be substituted;

(2) for clause (iii), the following clauses shall be substituted,namely:-

(iii) "withholding of increments;

(iiia) withholding of promotion;"

(3) after clause (iv), the following clause shall be inserted,namely:-

KGD 24-6-1974

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"(iva) reduction to a lower stage in the time-scale of pay forspecified period with further directions as to whether ornot the Government servant will earn increments of payduring the period of such reduction and whether on theexpiry of such period, the reduction will or will not havethe effect of postponing the future increments of his pay;"

(4) for clause (v), the following clause shall be substituted,namely:-

"(v) reduction to a lower time scale of pay, grade, post or servicewhich shall, unless otherwise directed, be a bar to thepromotion of the Government servant to the time-scale ofpay, grade, post or service from which he was reduced,with or without further directions, regarding-

(a) seniority and pay in the scale of pay, grade, post or serviceto which the Government servant is reduced.

(b) conditions of restoration to the scale of pay, grade or postor service from which the Government servant was reducedand his seniority and pay on such restoration to that scale ofpay, grade, post or service;"

(5) The Explanation occurring immediately after the proviso toclause (viii) shall be numbered as Explanation 1 and the Explanationoccurring immediately after the Explanation 1 as so numbered shall benumbered as Explanation 2 and in clause (vii) of the Explanation 2 as sonumbered for item (b) the following items shall be substituted, namely:-

"(b) of a Government servant appointed on probation, during orat the end of the period of his probation, in accordance with the termsof his appointment or the rules and orders governing such probation; or

(c) of a temporary Government servant in accordance with theprovisions of sub-rule (1) of rule 5 of the Karnataka State Civil Services(Temporary Services) Rules, 1967;"

4. Amendment of rule 9.- In sub-rule (2) of rule 9 of the principalrules,-

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(1) clause (a) shall be omitted;

(2) in clause (aa), for the brackets, figures and word "(iii) and(iv)" the brackets, figures, letters and word "(iii), (iiia), (iv) and (iva)"shall be substituted;

(3) in clause (bb), for the brackets, figures and word "(ii) and(iii)" the brackets, figures, word and letter (ii), (iii) and (iiia)" shall besubstituted.

5. Amendment of rule 10.- In rule 10 of the principal rules-

(1) for sub-rule (2) the following sub-rule shall be substituted,namely:-

"(2) A Government servant shall be deemed to have been placedunder suspension by an order of appointing authority-

(a) with effect from the date of his detention, if he is detained incustody, whether on a criminal charge or otherwise, for aperiod exceeding fortyeight hours;

(b) with effect from the date of his conviction, in the event of aconviction for an offence he is sentenced to a term ofimprisonment exceeding forty-eight hours and is not forth-with dismissed or removed or compulsorily retired consequentto such conviction.

Explanation.- The period of forty-eight hours referred to in clause(b) of this sub-rule shall be computed from the commencement of theimprisonment after the conviction and for this purpose, intermittentperiods of imprisonment if any, shall be taken into account".

(2) for sub-rule (5) the following sub-rule shall be substitutednamely:-

"(5) (a) An order of suspension made or deemed to have beenmade under this rule shall continue to remain in force until it is modifiedor revoked by the authority competent to do so.

(b) Where a Government servant is suspended or is deemed tohave been suspended (whether in connection with any disciplinaryproceeding or otherwise), and any other disciplinary proceeding is

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commenced against him during the continuance of that suspension, theauthority competent to place him under suspension, may, for reasons tobe recorded by him in writing, direct that the Government servant shallcontinue to be under suspension until the termination of all or any ofsuch proceedings.

(c) An Order of suspension made or deemed to have been madeunder this rule may at any time be modified or revoked by the authoritywhich made or is deemed to have made the order or by any authority towhich that authority is subordinate".

6. Insertion of new rule 10A.- After rule 10 of the principalrules, the following rule shall be inserted, namely:-

"10A. Authority to institute proceedings.- (1) The Governor orany other authority empowered by him by general or special order may.-

(a) institute disciplinary proceedings against any Governmentservant;

(b) direct a disciplinary authority to institute disciplinaryproceedings against any Government servant on whom that DisciplinaryAuthority is competent to impose under these rules any of the penaltiesspecified in rule 8.-

(2) A Disciplinary Authority competent under these rules toimpose any of the penalties specified in clauses (i) to (iva) of rule 8 mayinstitute disciplinary proceedings against any Government servant forthe imposition of any of the penalties specified in clauses (v) to (viii) ofrule 8 not-withstanding that such disciplinary authority is not competentunder these rules to impose any of the latter penalties".

7. Substitution of new rules for rule 11 and 12.- For rules 11and 12 of the principal rules, the following rules shall be substituted,namely:-

"11. Procedure for imposing major penalties.- (1) No orderimposing any of the penalties specified in clauses (v) to (viii) of rule 8

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shall be made except after an inquiry held, as far as may be, in themanner provided in this rule and rule 11A.

(2) Whenever the Disciplinary Authority is of the opinion thatthere are grounds for inquiring into the truth of any imputation ofmisconduct or misbehaviour against a Government servant, it may itselfinquire into, or appoint under this rule an authority to inquire into thetruth thereof.

Explanation.- Where the Disciplinary Authority itself holds theinquiry, any reference in sub-rule (7) to sub-rule (20) and in sub-rule,(22), to the Inquiring Authority shall be constructed as a reference tothe Disciplinary Authority.

(3) Where it is proposed to hold and inquiry against a Governmentservant under this rule and rule 11A, the Disciplinary Authority shalldraw up or cause to be drawn up,-

(i) the substance of the imputations of misconduct ormisbehaviour into definite and distinct articles of charge;

(ii) a statement of the imputations of misconduct or misbehaviourin support of each article of charge, which shall contain,-

(a) a statement of all relevant facts including any admission orconfession made by the Government servant;

(b) a list of documents by which, and list of witnesses by whom,the articles of charge are proposed to be sustained.

(4) The Disciplinary Authority shall deliver or cause to be deliveredto the Government servant a copy of the articles of charge, the statementof the imputations of mis-conduct or misbehaviour and a list of documentsand witnesses by which each article of charges is proposed to besustained and shall require the Government servant to submit, withinsuch time as may be specified, a written statement of his defence andto state whether he desires to be heard in person.

(5)(a) On receipt of the written statement of defence the DisciplinaryAuthority may itself inquire into such of the articles of charge as are not

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admitted, or, if it considers it necessary so to do, appoint, under sub-rule(2), an Inquiring Authority for the purpose, and where all the articles ofcharge have been admitted by the Government servant in his writtenstatement of defence, the Disciplinary Authority shall record its findingson each charge after taking such evidence as it may think fit and shallact in the manner laid down in rule 11-A.

(b) If no written statement of defence is submitted by theGovernment servant, the Disciplinary Authority may itself inquire intothe articles of charge or may, if it considers it necessary to do so, appoint,under sub-rule (2) an Inquiring Authority for the purpose.

(c) Where the Disciplinary Authority itself inquires into anyarticle of charge or appoints an Inquiring Authority for, holding aninquiry into such charge, it may, by an order, appoint a Governmentservant or a legal practitioner to be known as the "Presenting Officer"to present on its behalf the case in support of the articles of charge.

(6) The Disciplinary Authority shall, where it is not the InquiringAuthority, forward to the Inquiring Authority

(i) a copy of the articles of charge and the statement of theimputations of misconduct or misbehaviour;

(ii) a copy of the written statement of defence, if any, submittedby the Government servant;

(iii) a copy of the statements of witnesses, if any, referred to insub-rule (3);

(iv) evidence proving the delivery of the documents referred to insub-rule (3) to the Government servant; and

(v) a copy of the order appointing the "Presenting Officer";

(7) The Government servant shall appear in person before theInquiring Authority on such day and at such time within ten workingdays from the date of receipt by him of the articles of charge and thestatement of the imputations of misconduct or misbehaviour, as the

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Inquiring Authority may, by a notice in writing, specify in this behalf, orwithin such further time, not exceeding ten days, as the InquiringAuthority may allow.

(8) The Government servant may take the assistance of any otherGovernment servant to present the case on his behalf, but may notengage a legal practitioner for the purpose unless the Presenting Officerappointed by the Disciplinary Authority is a legal practitioner, or, theDisciplinary Authority, having regard to the circumstances of the case,so permits.

(9) If the Government servant who has not admitted any of thearticles of charge in his written statement of defence or has not submittedany written statements of defence, appears before the InquiringAuthority, such authority shall ask him whether he is guilty or has anydefence to make and if he pleads guilty to any of the articles of charge,the Inquiring Authority shall record the plea, sign the record and obtainthe signature of the Government servant thereon.

(10) The Inquiring Authority shall return a finding of guilt in respectof those articles of charge to which the Government servant pleadsguilty.

(11) The Inquiring Authority shall, if the Government servant failsto appear within the specified time or refuses or omits to plead, requirethe Presenting Officer to produce the evidence by which he proposesto prove the articles of charge, and shall adjourn the case to a later datenot exceeding thirty days, after recording an order that the Governmentservant may, for the purpose of preparing his defence:

(i) inspect within five days of the order or within such furthertime not exceeding five days as the Inquiring Authority may allow, thedocuments specified in the list referred to in sub-rule (3);

(ii) submit a list of witnesses to be examined on his behalf;

(iii) apply orally or in writing for the supply of copies of thestatement if any, of witnesses mentioned in the list referred to in sub-

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rule (3), and the Inquiring Authority shall furnish him with such copiesas early as possible and in any case not later than three days before thecommencement of the examination of the witnesses on behalf of theDisciplinary Authority;

(iv) give a notice within ten days of the of the order or withinsuch further time not exceeding ten days as the Inquiring Authority mayallow for the discovery or production of any documents which are inthe possession of Government but not mentioned in the list referred toin sub-rule (3):-

Provided that the Government servant shall indicate the relevanceof the documents required by him to be discovered or produced by theGovernment.

(12) The Inquiring Authority shall, on receipt of the notice for thediscovery or production of documents, forward the same or copiesthereof to the authority in whose custody or possession the documentsare kept, with a requisition for the production of the document by suchdate as may be specified in such requisition:-

Provided that the Inquiring Authority may, for reasons to berecorded by it in writing, refuse to requisition such of the documents asare, in its opinion, not relevant to the case.

(13) On receipt of the requisition referred to in sub-rule (12), everyauthority having the custody or possession of the requisitioned documentsshall produce the same before the Inquiring Authority:-

Provided that if the authority having the custody or possession ofthe requisitioned documents is satisfied for reasons to be recorded by itin writing that the production of all or any of such documents would beagainst the public interest or security of the State, it shall inform theinquiring Authority accordingly and the Inquiring Authority shall, on beingso informed, communicate the information to the Government servantand withdraw the requisition made by it for the production or discoveryof such documents.

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(14) On the date fixed for the inquiry, the oral and documentaryevidence by which the articles of charge are proposed to be provedshall be produced by or on behalf of the Disciplinary Authority. Thewitnesses shall be examined by or on behalf of the Presenting Officerand may be cross-examined by or on behalf of the Government servant.The Presenting Officer shall be entitled to re-examine the witnesses onany points on which they have been cross-examined, but not on anynew matter, without the leave of the Inquiring Authority. The InquiringAuthority may also put such questions to the witnesses as it thinks fit.

(15) If it shall appear necessary before the close of the case onbehalf of the Disciplinary Authority, the Inquiring Authority may, inits discretion, allow the Presenting Officer to produce evidence notincluded in the list given to the Government servant or may itself call fornew evidence or recall and re-examine any witness and in such casethe Government servant shall be entitled to have, if he demands it, acopy of the list of further evidence proposed to be produced and anadjournment of the inquiry for three clear days before the production ofsuch new evidence, exclusive of the day of adjournment and the day towhich the inquiry is adjourned. The Inquiring Authority shall give theGovernment servant an opportunity of inspecting such documents beforethey are taken on the record. The Inquiring Authority may also allowthe Government servant to produce new evidence, if it is of the opinionthat the production of such evidence is necessary in the interests ofjustice.

Note:- New evidence shall not be permitted or called for or anywitness shall not be recalled to fill up any gap in the evidence. Suchevidence may be called for only when there is an inherent lacuna ordefect in the evidence which has been produced originally.

(16) When the case for the Disciplinary Authority is closed, theGovernment servant shall be required to state his defence, orally or inwriting as he may prefer. If the defence is made orally, it shall berecorded and the Government servant shall be required to sign the record.

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In either case a copy of the statement of defence shall be given to thePresenting Officer, if any, appointed.

(17) The evidence on behalf of the Government servant shall thenbe produced. The Government servant may examine himself in hisown behalf if he so prefers. The witnesses produced by the Governmentservant shall then be examined and shall be liable to cross-examination,re-examination and examination by the Inquiring Authority according tothe provisions applicable to the witnesses for the Disciplinary Authority.

(18) The Inquiring Authority may, after the Government servantcloses his case, and shall, if the Government servant has not examinedhimself, generally question him on the circumstances appearing againsthim in the evidence for the purpose of enabling the Government servantto explain any circumstances appearing in the evidence against him.

(19) The Inquiring Authority may, after the completion of theproduction of evidence, hear the Presenting Officer, if any, appointed,and the Government servant, or permit them to file written briefs oftheir respective case, if they so desire.

(20) If the Government servant to whom a copy of the articles ofcharge has been delivered, does not submit the written statement ofdefence on or before the date specified for the purpose or does notappear in person before the Inquiring Authority or otherwise fails orrefuses to comply with the provisions of this rule at any stage of theenquiry the Inquiring Authority may hold the inquiry ex-parte.

(21) (a) Where a Disciplinary Authority competent to impose anyof the penalties specified in clauses (i) to (iva) of rule 8 but not competentto impose any of the penalties specified in clauses (v) to (viii) of rule 8,has itself inquired into or caused to be inquired into the articles of anycharge and that authority having regard to its own findings or havingregard to its decision on any of the findings of any Inquiring Authorityappointed by it, is of the opinion that the penalties specified in clauses(v) to (viii) of rule 8 should be imposed on the Government servant, that

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authority shall forward the records of the inquiry to such DisciplinaryAuthority as is competent to impose the last mentioned penalties.

(b) The Disciplinary Authority to which the records are soforwarded may act on the evidence on the record or may, if it is of theopinion that further examination of any of the witnesses is necessary inthe interest of justice, recall the witness and examine, cross-examineand re-examine the witness and may impose on the Government servantsuch penalty as it may deem fit in accordance with these rules.

(22) Whenever any Inquiring Authority, after having heard andrecorded the whole or any part of the evidence in an inquiry ceases toexercise jurisdiction therein and is succeeded by another InquiringAuthority which has, and which exercise, such jurisdiction, the InquiringAuthority so succeeding may act on the evidence so recorded by itspredecessor or partly recorded by its predecessor and partly recordedby itself:

Provided that if the succeeding Inquiry Authority is of the opinionthat further examination of any witnesses whose evidence has alreadybeen recorded is necessary in the interest of justice, it may recall,examine, cross-examine, and re-examine any such witnesses as hereinbefore provided.

(23) (i) After the conclusion of the inquiry, a report shall be preparedand it shall contain-

(a) the articles of charge and the statement of the imputationsof misconduct or misbehaviour;

(b) the defence of the Government servant in respect of eacharticles of charge;

(c) an assessment of the evidence in respect of each article ofcharge.

(d) the findings on each article of charge and the reasons therefor.

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Explanation.- If in the opinion of the Inquiring Authority theproceeding of the inquiry establish any article of charge different fromthe original articles of the charge, it may record its findings on sucharticle of charge,

Provided that the findings on such article of charge shall not berecorded unless the Government servant has either admitted the factson which such article of charge is based or has had a reasonableopportunity of defending himself against such article of charge.

(ii) The Inquiring Authority, where it is not itself the DisciplinaryAuthority shall forward to the Disciplinary Authority the records ofinquiry which shall include-

(a) the report prepared by it under clause (i);(b) the written statement of defence, if any submitted by the

Government servant;(c) the oral and documentary evidence produced in the course

of the inquiry;(d) written briefs, if any, filed by the Presenting Officer or the

Government servant or both during the course of the inquiry;and

(e) the orders, if any, made by the Disciplinary Authority and theInquiring Authority in regard to the inquiry.

11A. Action on the inquiry report.- The Disciplinary Authority,if it is not itself the Inquiring Authority may, for reasons to be recordedby it in writing, remit the case to the Inquiring Authority for furtherinquiry and report and the Inquiring Authority shall thereupon proceedto hold the further inquiry according to the provisions of rule 11 as far asmay be.

(2) The Disciplinary Authority shall, if it disagrees with the findingsof the Inquiry Authority on any article of charge, record its reasons forsuch disagreement and record its own findings on such charge, if theevidence on record is sufficient for the purpose.

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(3) If the Disciplinary Authority having regard to its findings onall or any of the articles of charge is of the opinion that any of thepenalties specified in clause (i) to (iva) of rule 8 should be imposed onthe Government servant, it shall, notwithstanding anything contained inrule 12, make an order imposing such penalty,

Provided that in every case where it is necessary to consult thecommission, the record of the inquiry shall be forwarded by theDisciplinary Authority to the Commission for its advice on the penaltiesproposed to be imposed on the Government servant and such adviceshall be taken into consideration before making any order imposing anypenalty on the Government servant.

(4) (i) If the Disciplinary Authority having regard to its findings onall or any of the articles of charge, is of the opinion that any of thepenalties specified in clauses (v) to (viii) of rule 8 should be imposed onthe Government servant, it shall,-

(a) furnish to the Government servant a copy of the report of theinquiry held by it and its findings on each article of charge, or,where the inquiry has been held by an Inquiring Authority,appointed by it, a copy of the report of such authority and astatement of its findings on each article of charge togetherwith brief reasons for its, disagreement, if any, with the findingsof the inquiring Authority and where the inquiry is held by theVigilance Commission under rule 14A, a copy of the findingsof the Inquiring Officer with the recommendations of theVigilance Commissioner, and

(b) give the Government servant a notice stating the penaltyproposed to be imposed on him and calling upon him to submitwithin fifteen days of receipt of the notice or such furthertime not exceeding fifteen days, as may be allowed, suchrepresentation as he may wish to make on the proposedpenalty on the basis of the evidence adduced during the inquiryheld under rule 11.

426

(ii)(a) In every case in which it is necessary to consult theCommission, the record of the Inquiry, together with a copyof the notice given under clause (i) and the representationmade in pursuance of such notice, if any, shall be forwardedby the Disciplinary Authority to the Commission for its adviceon the penalties proposed to be imposed on the Governmentservant.

(b) The Disciplinary Authority shall after considering therepresentation, if any, made by the Government servant, andthe advice given by the Commission, determine what penalty,if any, should be imposed on the Government servant andmake such order as it may deem fit.

(iii) Where it is not necessary to consult the Commission theDisciplinary Authority shall consider the representation, if any, made bythe Government servant in pursuance of the notice given to him underclause (i) and determine what penalty, if any, should be imposed on himand make such order as it may deem fit.

12. Procedure for imposing minor penalties.- (1) Subject tothe provisions of sub-rule (3) of rule 11A, no order imposing on aGovernment servant any of the penalties specified in clauses (i) to (iva)of rule 8 shall be made except after,-

(a) informing the Government servant in writing of the proposalto take action against him and of the imputations of misconduct ormisbehaviour on which it is proposed to be taken, and giving him areasonable opportunity of making such representation as he may wishto make against the proposal;

(b) holding an inquiry in the manner laid down in sub-rules (3) to(23) of rule 11, in every case in which the Disciplinary Authority is ofthe opinion that such inquiry is necessary;

(c) taking the representation, if any, submitted by theGovernment servant under clause (a) and the record of inquiry, if any,held under clause (b) into consideration;

427

(d) recording a finding on each imputation of mis-conduct ormisbehaviour; and

(e) consulting the Commission where such consultation isnecessary.

(2) The record of the proceedings in such cases shall include,-

(i) a copy of the intimation to the Government servant of theproposal to take action against him;

(ii) a copy of the statement of imputations of mis-conduct ormisbehaviour delivered to him;

(iii) his representation, if any;

(iv) the evidence produced during the Inquiry;

(v) the advice of the Commission, if any;

(vi) the findings on each imputation of misconduct ormisbehaviour; and

(vii) the orders on the case together with the reasons therefor.

12A. Communication of orders.- Orders made by the DisciplinaryAuthority shall be communicated to the Government servant who shallalso be supplied with a copy of the report of the inquiry, if any, held bythe Disciplinary Authority and a copy of its findings on each article ofcharge or, where the Disciplinary Authority is not the Inquiring Authority,a copy of the report of the Inquiring Authority and the statement of thefindings of the Disciplinary Authority together with brief reasons for itsdisagreement, if any, with the findings of the Inquiring Authority (unlessthey have already been supplied to him) and where the inquiry is heldby the Vigilance Commission under rule 14A, a copy of the findings ofthe Inquiring Officer with the recommen-dations of the VigilanceCommissioner and also a copy of the advice, if any, given by theCommission and, where the Disciplinary Authority, has not acceptedthe advice of the Commission, a brief statement of the reasons for suchnon-acceptance".

428

8. Amendment of rule 13.- In rule 13 of the principal rules,-

(1) after sub-rule (1) the following proviso shall be inserted,namely:-

"Provided that if the authorities competent to impose the penaltyof dismissal on such Government servants are different, an order fortaking disciplinary action in a common proceeding may be made bythe highest of such authorities with the consent of the others.

(2) in clause (iii) of sub-rule (2) for the word and figures "rule 11"the words, figures and letter "rules 11 and rule 11A" shall be substituted.

9. Amendment of rule 14.- In rule 14 of the principal rules forthe words and figures "rules 11, 12 and 13" the words and figures "rule11 to 13" shall be substituted.

10. Amendment of rule 14A.- In rule 14A of the principal rules,in sub-rule (1),-

(a) for the words and figures "rules 9, 10, 11 and 13" the words,letter and figures "rules 9 to 11A and 13" shall be substituted.

(b) in clause (c) for the words, brackets and figures "sub-rules(2), (3), (4), (5), (6) and (7)" the words, brackets and figures "sub-rule(2) to sub-rule (20) and sub-rule (23)" shall be substituted.

(c) in clause (e) for the words, brackets and figures "sub-rules(9) to (12) of rule 11" the words, brackets, letter and figures "sub-rule(21) and sub-rule (23) of rule 11 and 11A" shall be substituted.

11. Amendment of rule 15.- In sub-rule (2) of 15 of the principalrules.-

(1) in clause (i) for the brackets, figures and words "(i) to (iv)",the brackets, figures, word and letter "(i) to (iva)" shall be substituted;

(2) in clause (ii);-

429

(a) in the proviso for the words, brackets and figures "sub-rules(10) and (11) of rule 11" the word, figures and letter "rule 11A" shall besubstituted;

(b) in the Explanation the following words and figures shall beinserted at the end, namely:-

"as far as may be, in accordance with rule 11".

12. Amendment of rule 16.- In rule 16 of the principal rules, inclause (i) of sub-rule (2), for the brackets, figures and word "(i) to(iv)", the brackets, figures, word and letter "(i) to (iva)" and for thewords, brackets and figures "sub-rule (11) of rule 11" the words, brackets,letter and figures "sub-rule (3) of rule 11A" shall be substituted.

13. Substitution of new rule for rule 17.- For rule 17 of theprinciple rules the following rule shall be substituted, namely:-

"17. Orders against which no appeal lies.- Notwithstandinganything contained in this Part, no appeal shall lie against,-

(i) any order made by the Governor;

(ii) any order of an interlocutory nature or of the nature of astep-in-aid for the final disposal of a disciplinary proceeding, other thanan order of suspension;

(iii) any order passed by an Inquiring Authority in the course ofan inquiry under rule 11".

14. Amendment of rule 18.- In rule 18 of the principal rules,-

(1) in sub-rule (1), in clause (a) the following words shall beinserted at the end, namely:-

"whether made by the Disciplinary Authority or by an Appellateor Reviewing Authority".

(2) for sub-rule (5) the following sub-rule shall be substituted,namely:-

430

"(5) Notwithstanding anything contained in sub-rules (1) to (4),-(a) where a person who made the order appealed against becomes

by virtue of his subsequent appointment or otherwise, theappellate authority in respect of such order, an appeal againstsuch order shall be to the authority to which such person isimmediately subordinate;

(b) an appeal against an order in a common proceeding held underrule 13 shall lie to the authority to which the authorityfunctioning as the Disciplinary Authority for the purpose ofthat proceeding is immediately subordinate".

15. Amendment of rule 19.- In sub-rule (2) of rule 19 of theprincipal rules, for clause (c), the following clauses shall be substituted,namely:-

"(c) reducing or withholding the pension or denying the maximumpension admissible to him under the rules;

(ca) determining the subsistence and other allowances to be paidto him for the period of suspension or for the period during which he isdeemed to be under suspension or for any portion thereof;

(cb) determining his pay and allowances,(i) for the period of suspension, or

(ii) for the period from the date of his dismissal, removal orcompulsory retirement from service, or from the date of hisreduction to a lower Service, grade, post, time-scale or stagein a time scale of pay, to the date of his reinstatement orrestoration to his service, grade or post, or

(cc) determining whether or not the period from the date of hissuspension or from the date of his dismissal, removal, compulsoryretirement or reduction to a lower Service, grade, post, time-scale orpay or stage in a time-scale of pay to the date of his reinstatement orrestoration to his service, grade or post shall be treated as a periodspent on duty for any purpose, shall lie,-

431

(i) in the case of an order made in respect of a Governmentservant on whom the penalty of dismissal from service canbe imposed only by the Governor, to the Governor; and

(ii) in the case of an order made in respect of any otherGovernment servant, to the authority to whom an appealagainst an order imposing upon him the penalty of dismissalfrom service would lie".

16. Insertion of rules 28A, 28B, 28C and 28D.- After rule 28 ofthe principal rules, the following rules shall be inserted, namely:-

"28A.- Service of orders, notices, etc.- (1) Every order,notice and other process made or issued under these rules shall beserved in person on the Government servant concerned or communicatedto him by registered post.

(2) Where the Government servant refuses to receive, or keepsout the way for the purpose of avoiding the services of, such order,notice, or other process the same may be served by affixing a copythereof on the notice board of the Office of the Disciplinary Authorityor of the Inquiring Authority and upon some conspicuous part of thehouse, if any, in which he is known to have last resided, or by publicationin two daily newspapers having wide circulation in the State.

28B. Power to relax time-limit and to condone delay.-Save as otherwise expressly provided in these rules, the authoritycompetent under these rules to make any order may, for good andsufficient reasons or if sufficient cause is shown, extend the timespecified in these rules for anything required to be done under theserules or condone any delay.

28C. Supply of copy of Commission's advice.- When-everthe Commission is consulted as provided in these rules, a copy of theadvice by the Commission and, where such advice has not been accepted,also a brief statement of the reasons for such non-acceptance shall befurnished to the Government Servant concerned along with a copy ofthe order passed in the case, by the authority making the order.

432

28D. Provision regarding members of the KarnatakaJudicial Service, etc.- Notwithstanding anything contained in theserules, references to the Governor or the Government in these rulesshall, in so far as they relate to the control over the district courts andcourts subordinate thereto by the High Court of Karnataka under article235 of the Constitution of India, be construed as reference to the HighCourt of Karnataka.

Provided that nothing in this rule shall affect the powers of theGovernor under the Constitution of India in respect of members of theJudicial Service or the right of an appeal which a person may haveunder the law regulating his conditions of service".

17. Amendment of Schedule II.- In Schedule II to the principalrules, in column 4,-

(1) for the brackets, figures and word "(ii) and (iii)" whereverthey occur, the brackets, figures, word and letter "(ii) and (iiia)" shallbe substituted;

(2) for the brackets, figures and word "(ii) to (iv)" wherever theyoccur, the brackets, figures, word and letter "(ii) to (iva)" shall besubstituted.

(3) for the brackets, figures and word "(iii) and (iv)" whereverthey occur, the brackets, figures, word and letter "(iii) to (iva)" shall besubstituted;

(4) for the brackets and figures "(iv)" wherever they occur thebrackets, figures, word and letter "(iv) and (iva)" shall be substituted;

(5) for the brackets and figures "(iii)" wherever they occur, thebrackets, figures, word and letter "(iii) and (iiia)" shall be substituted;

18. Amendment of Schedule III.- In Schedule III to the principalrules, in column 4,-

(1) for the brackets, figures and word "(ii) to (iv)" wherever theyoccur, the brackets, figures, word and letter "(ii) to (iva)" shall besubstituted.

433

(2) for the brackets, figures and word "(iii) and (iv)" whereverthey occur, the brackets, figures, word and letter "(iii) to (iva)" shall besubstituted;

(3) for the brackets, figures and word "(i) to (iv)" wherever theyoccur, the brackets, figures, word and letter "(i) to (iva)" shall besubstituted.

19. Amendment of the Karnataka Government Servant's(Seniority) Rules, 1957:- Rule 7 of the Karnataka GovernmentServants' (Seniority) Rules, 1957, shall be omitted.

Governor of Karnataka

[No. GAD 28 SSR 69]

By Order and in the name of the Governor of Karnataka

T.M. VASUDEVAN,Under Secretary to Government,


434


Governor under the Constitution

Commerce and Industries Secretariat

Notification No. GAD 50 SSR 74,Bangalore, dated 2nd September 1975

G.S.R. 265:- In exercise of the powers conferred by the provisoto Article 309 of the Constitution of India, the Governor of Karnatakahereby makes the following further to amend the Karnataka CivilServices (Classficiation, Control and Appeal) Rules, 1957, namely:-

1. Title and Commencement .- (1) These rules may be calledthe Karnataka Civil Services (Classification, Control and Appeal) (FourthAmendment) Rules, 1975.


2. Amendment of Rule 5.- In rule 5 of the Karnataka CivilServices (Classification, Control and Appeal) Rules, 1957 (hereinafterreferred to as the said rules), for sub-rule (3) the following sub-ruleshall be substituted, namely:-

(3) (a) State Civil Services Class I shall consist of Gazetted poststhe pay or minimum pay of which is not less than rupees four hundredper mensem;

(b) State Civil Services Class II shall consist of Gazetted postsother than those referred to in clause (a);

(c) State Civil Services Class III shall consist of Non-Gazettedposts the pay or maximum pay of which is more than rupee ninetyfiveper mensem and for appointment to which any academic, technical orprofessional qualifications have been prescribed;

(d) State Civil Services Class II shall consist of Non-Gazettedposts specified in Schedule-IV and Non-Gazetted posts other than thosespecified in clause (c).

KGD 28-9-1975

435

Explanation.- For purposes of this sub-rule "Pay" means thepay fixed in respect of various Gazetted and Non-Gazetted posts inKarnataka Civil Services (Revised Pay) Rules, 1970".

3. Amendment of Rule 7.- In rule 7 of the said rules, in sub-rule (2), the word "respectively" shall be omitted.

4. Substitution of new Schedule for Schedule IV.- ForSchedule IV to the said rules the following schedule shall be substituted,namely:-

Schedule IVDaffetar Band Laboratory ManAttender / Attendent Cook

Daffedar ButlerBook Binder Demonstration MaistryCask Maistry Head GardenerPressman Assistant Machine MinderHelper Dark Room AssistantAttender-cum-Mutchi FiremanJamedar Light Keeper Grade (II)Naik Junior HavildarPacker (Senior) Lanee NaikeLaboratory and 'X' Ray Attender KhalasiSurgical Attender DarjiShift Mechanic ModiArtisan FollowerLeading Fireman Garage AssistantFitter Constable, Women ConstableRecord Attender Police Constable (Wireless)Riding Boy Mutchi

436

Salesman Bee Keeping AttendersMilk Tester Section OfficerMaster Flyer Assistant BinderSergeants MasonDairy Operator Butler Grade IILaboratory Attender BonesettedHead Butler Cook Grade IButler Grade I Shroff"

3. Amendment of the Karnataka Recruitment of GazettedProbationers (Class I and II posts Appointment by CompetitiveExaminations) Rules, 1966:- In the Karnataka Recruitment ofGazetted Probationers (Class I and II Posts Appointment by CompetitiveExaminations) Rules, 1966 (herein after referred as the principal Ruels)-

(1) in the heading words and figures "Class I and II Posts" shallbe omitted;

(2) in rule 3, in sub-rule (1), the words and figures "Class I andII" shall be omitted;

(3) in Schedule 1:-

(i) for the words "Cadre and Class" the word "Cadre" shall besubstituted;

(ii) in the entries under category I after Sl. 6 and entries relatingthereto the following entries shall be inserted, namely:-

"7 The Karantaka Deputy Superintendent 2 Years"Police Service of Police

(iii) in the entries under Category II Sl. No. 10 and entriesrelating thereto shall be omitted;"

(4) in Schedule II below sub-heading Part III for the words,figures and brackets "for Class I Services (Category I)" the words andfigures "for Category I" shall be substituted; and

437

(5) in Annexure-I, in the heading of Part III the words "Class IServices" shall be omitted;

Provided that recruitment under the Principal Rules, inpursuance of Notification No E (1) 1465 dated 28th November 1974and No. E(1) 437/75-75-76 PSC dated 5th July 1975 of the KarnatakaPublic Service Commission shall be made as if the principal rules andsaid rules have not been amended by these rules.

GOVERNOR OF KARNATAKA

By Order and in the name of the Governor of Karnataka,

SYED KARIMULLAH KHADRI,Under Secretary to Government,


438


Notification No. GAD 12 SSR 75, Bangalore, dated 27th July 1975

G.S.R. 152:- In exercise of the powers conferred by the provisoto Article 309 of the Constitution of India, and all other powers enablinghim in this behalf, the Governor of Karnataka hereby makes the followingrules further to amend the Karnataka Civil Services (Classficiation,Control and Appeal) Rules, 1957, namely:-

1. Title and Commencement .- (1) These rules may be calledthe Karnataka Civil Services (Classification, Control and Appeal) (ThirdAmendment) Rules, 1975.


2. Amendment of rule 9.- After clause (e) of sub-rule (2) ofrule 9 of the Karnataka Civil Services (Classification, Control and Appeal)Rules 1957, the following clause shall be inserted, namely:-

"(f) The Secretaries to Government may impose the penaltiesspecified in clauses (ii), (iii) and (iiia) of rule 8 on a member of theKarnataka Secretariat Service Class II working under their administrativecontrol"



SYED KARIMULAH KHADRIUnder Secretary to Government,


KGD 12-6-1975

439


Governor under the ConstitutionCHIEF SECRETARIAT

PERSONNEL AND ADMINISTRATIVE REFORMSSECRETARIAT (SERVICE RULE)

Notification No. DPAR 34 SSR 76, Bangalore, dated 7th July 1976G.S.R. 198:- In exercise of the powers conferred by the proviso

to Article 309 of the Constitution of India, the Governor of Karnatakahereby makes the following Rules further to amend the Karnataka CivilServices (Classficiation, Control and Appeal) Rules, 1957, namely:-

1. Title and Commencement .- (1) These rules may be calledthe Karnataka Civil Services (Classification, Control and Appeal) (ThirdAmendment) Rules, 1976.


2. Amendment of rule 12A.- In rule 12A of the Karnataka CivilServices (Classification, Control and Appeal) Rules, 1957 (hereinafterreferred to as the said rules), the following proviso shall be insertednamely:-

"Provided that it shall not be necessary to supply copies of thesaid documents where the Disciplinary Authority exonerated theGovernment servant or where such documents have already beensupplied to the Government Servant".

3. Amendment of rule 28C.- In rule 28-C of the said rules thefollowing proviso shall be inserted namely:-

"Provided that it shall not be necessary to supply copies of thesaid documents where the Disciplinary Authority exonerates theGovernment servant or where such documents have already beensupplied to the Government servant".



SYED KARIMULLAH KAHDRI,Under Secretary to Government,


KGD 22-7-1975

440

Personnel and Administrative Reforms Secretariat

Notification No. DPAR 70 SSR 76,Bangalore, dated 15th January 1977

G.S.R. 29:- In exercise of the powers conferred by the provisoto Article 309 of the Constitution of India, the Governor of Karnatakahereby makes the following Rules further to amend the Karnataka CivilServices (Classficiation, Control and Appeal) Rules, 1957, namely:-

1. Title and Commencement .- (1) These rules may be calledthe Karnataka Civil Services (Classification, Control and Appeal)(Amendment) Rules, 1977.


2. Amendment of rule 11A.- In Rule 11A of the KarnatakaCivil Services (Classification, Control and Appeal) Rules, 1957(hereinafter referred to as the said rules),

(i) in sub-rule (3) for the words "any of the penalties specified inclause (i) to (iva) of Rule 8" the words "one or more of the penaltiesspecified inrule 8" shall be substituted.

(ii) sub-rule (4) shall be omitted;

3. Amendment of rule 25.- In rule 25 of the said rules, in item(ii) of the proviso to sub-rule (2), the words "and after giving the appellantan opportunity of making any representation which he may wish tomake against such penalty" shall be omitted.

4. Amendment of rule 26.- In Rule 26 of the said rules, in item(ii) of the proviso, the words "and after giving the person concerned anopportunity of making any representation which he may wish to makeagainst such penalty" shall be omitted.



SYED KARIMULLAH KAHDRI,Under Secretary to Government,


KGD 20-1-1977

441

Personnel and Administrative Reforms SecretariatNotification No. DPAR 70 SSR 79,

Bangalore, dated 15th June1981

In exercise of the powers conferred by the proviso to Article 309of the Constitution of India, the Governor of Karnataka hereby makesthe following Rules further to amend the Karnataka Civil Services(Classficiation, Control and Appeal) Rules, 1957, namely:-

1. Title and Commencement .- (1) These rules may be calledthe Karnataka Civil Services (Classification, Control and Appeal) (Twentyfirst Amendment) Rules, 1981.


2. Substitution of new rules for rules 5, 6 and 7.- For rules 5,6 and 7 of the Karnataka Civil Services (Classification, Control andAppeal) Rules, 1957 the following shall be substituted, namely:-

"5. Classification of Services.- (1) The Civil Services of the Stateof Karnataka shall classified as follows:-

(i) State Civil Services, Group A

(ii) State Civil Services, Group B

(iii) State Civil Services Group C and

(iv) State Civil Services, Group D

(2) If a service consists of more than one grade, different gradesmay be included in different groups.

(3) (a) State Civil Services Group A shall consist of posts carryingthe scales of pay of Rs. 900-1750 and above;

(b) State Civil Services Group B shall consists of posts carryingthe scales of pay of Rs. 660-1300 and above but below the scale of payof Rs. 900-1750.

KGD 25-06-1981

442

(c) State Civil Services Group C shall consists of posts carryingthe scales of pay of Rs. 250-400 and the posts for the appointment towhich any academic, technical or professional qualifications have beenprescribed but other than the posts specified in Schedule IV; and

(d) State Civil Services Group D shall consists of posts specifiedin Schedule IV and the posts carrying the scales of pay of Rs. 250-400.

Explanation:- For purposes of this sub-rule "scale of pay" meansthe scale of pay fixed in respect of various posts, in the Karnataka CivilServices (Revised Pay) Rules, 1976".

Note:- All references to State Civil Services Class I, Class II,Class III and Clas IV in these rules and in all other rules, orders, schedules,notifications, regulations or instructions in force immediately beforecommencement of these Rules, shall be construed as references to theState Civil Services Group A, Group B, Group C and Group D,respectively and any reference to "Class or Classes" therein in thiscontext shall be construed as reference to "Group or Groups", as thecase may be".

6. Constitution of State Civil Services.- The State CivilServices Groups A, B, C and D shall consist of the services and postsspecified Schedules I, II and III.

7. Appointments to State Civil Services.- (1) Save as otherwiseamended, all first appointments to the State Civil Services Group A,Group B shall be made by the Government.

Provided that, where, in respect of any posts under State CivilServices Group B, any other appointing authority is specified, firstappointments to such posts shall be made by the authority so specified.

(2) All first appointments to the State Civil Services Groups C andD shall be made by the authorities mentioned in column 2 of SchedulesII and III."



V.S. NAIKUnder Secretary to Government,

Department of Personnel and Administrative Reforms,(Service Rules).

443


Notification No. DPAR 25 SDE 82, Bangalore,Dated 23rd August 1983.

In exercise of the powers conferred by the proviso to Article 309of the Constitution of India, the Governor of Karnataka hereby makesthe following rules further to amend the Karnataka Civil Services(Classification, Control and Appeal) Rules, 1957, namely:-

1. Title and Commencement.- (1) These rules may be calledthe Karnataka Civil Services (Classification, Control, and Appeal) (FourthAmendment) Rules, 1983.

(2) They shall come into force on the date of their publicationin the official Gazette.

2. Amendment of rule 11.- In rule 11 of the Karnataka CivilServices (Classification, Control and Appeal) Rules, 1957, after sub-rule (6), the following proviso shall be added, namely:-

"Provided that where the Disciplinary Authority appoints undersub-rule (2) an officer of the Karnataka State Vigilance Commission asthe Inquiring Authority, such officer may, if in his opinion it is considerednecessary so to do, alter or modify the articles of charge, the statementof imputations, of misconduct or misbehaviour, the list of documents,and list of witnesses and deliver or cause to be delivered to theGovernment servant a copy of these under intimation to the DisciplinaryAuthority and shall require the Government servant to submit, withinsuch time as may be specified a written statement of his defence and tostate whether he desires to be heard in person".



G.K. SANGORAM,Under Secretary to Government,

Department of Personnel & Administrative Reforms(Service Rules).

444

Notification No. DPAR 11 SDE 83, Bangalore,Dated 23rd February 1984.

In exercise of the powers conferred by the proviso to Article 309of the Constitution of India, I, A.N. Banerji Governor of Karnatakahereby makes the following rules further to amend the Karnataka CivilServices (Classification, Control and Appeal) Rules, 1957, namely:-

1. Title and Commencement.- (1) These rules may be calledthe Karnataka Civil Services (Classification, Control, and Appeal)(Amendment) Rules, 1984.


2. Amendment of rule 18.- In rule 18 to the Karnataka CivilServices (Classification, Control and Appeal) Rules, 1957, at the end ofsub-rule (3), the following shall be inserted, namely-

"and from orders passed by the appellate authority to the authorityto which the appellate authority is immediately subordinate".




Department of Personnel & Administrative Reforms,(Service Rules).

445

Government of Karnataka

No. DPAR 39 SDE 81 Karnataka Government Secretariat,Vidhana Soudha,

Bangalore, dated 27th June 1984

Notification

In exercise of the powers conferred on me by the proviso toArticle 309 of the Constitution of India, I, A.N. Banerji Governor ofKarnataka hereby makes the following rules further to amend theKarnataka Civil Services (Classification, Control and Appeal) Rules,1957, namely:-

1. Title and Commencement.- (1) These rules may be calledthe Karnataka Civil Services (Classification, Control, and Appeal)(Second Amendment) Rules, 1984.


2. Amendment of rule 8.- In rule 8 of the Karnataka CivilServices (Classification, Control and Appeal) Rules, 1957, for clause(iv-a), the following clause shall be substituted, namely:-

"(IV-a) Reduction to a lower stage in the time scale of pay for aperiod with a specific direction as to whether or not the Governmentservant will earn increments of pay during the period of such reductionwith reference to the reduced pay or whether the pay shall remainconstant and with a further direction whether on the expiry of the periodof penalty the reduction will or will not have the effect of postponing thefuture increments of his pay".





446


Notification No. DPAR 41 SDE 84, Bangalore,Dated 17th June 1985

In exercise of the powers conferred on me by the proviso toArticle 309 of the Constitution of India, I A.N. Banerji, Governor ofKarnataka hereby makes the following rules further to amend theKarnataka Civil Services (Classification, Control and Appeal) Rules,1957, namely:-

1. Title and Commencement.- (1) These rules may be calledthe Karnataka Civil Services (Classification, Control, and Appeal) (SecondAmendment) Rules, 1985.


2. Amendment of rule 11.- In rule 11 of the Karnataka CivilServices (Classification, Control and Appeal) Rules, 1957,-

(i) in sub-rule (8), after the words "any other GovernmentServant", the words "or a retired Government Servant" shall be inserted;

(ii) after sub-rule (8) the following proviso shall be insertednamely:-

"Provided that if the retired Government Servant is also a legalpractitioner, the Government Servant shall not engage such personunless the Presenting Officer appointed by the Disciplinary Authority isa legal practitioner or the Disciplinary Authority having regard to thecircumstances of the case, so permits".





447



Bangalore, dated 30th July 1985

Notification

In exercise of the powers conferred on me by the proviso toArticle 309 of the Constitution of India, I, Ashoka Nath Banerji, Governorof Karnataka hereby makes the following rules further to amend theKarnataka Civil Services (Classification, Control and Appeal) Rules,1957, namely:-

1. Title and Commencement.- (1) These rules may be calledthe Karnataka Civil Services (Classification, Control, and Appeal) (ThirdAmendment) Rules, 1985.


2. Amendment of rule 18.- In rule 18 of the Karnataka CivilServices (Classification, Control and Appeal) Rules, 1957, after the firstproviso to sub-rule (3), the following proviso shall be added, namely:-

"Provided further that a Government servant against whom anorder imposing any of the penalties specified in clauses (i) to (iva) ofrule 8 is passed by the Appointing Authority or by any other disciplinaryAuthority empowered to impose any of the penalties under clauses (v)to (viii) may appeal to the same authority to whom he is entitled toappeal against an order imposing on him any of the penalties (v) to(viii)".





448

Personnel and Administrative Reforms SecretariatNotification No. DPAR 5 SDE 86, Bangalore,

Dated 7th May 1986

In exercise of the powers conferred on me by the proviso toArticle 309 of the Constitution of India, I Ashoka Nath Banerji, Governorof Karnataka hereby makes the following rules further to amend theKarnataka Civil Services (Classification, Control and Appeal) Rules,1957, namely:-

1. Title and Commencement.- (1) These rules may be calledthe Karnataka Civil Services (Classification, Control, and Appeal) (ThirdAmendment) Rules, 1986.


2. Amendment to rule 11.- In rule 11 of the Karnataka CivilServices (Classification, Control and Appeal) Rules, 1957 (herein-afterreferred to as the said rules),-

(i) to sub-rule (2), the following provisos shall be inserted,namely:-

"provided that the appointment of the Lokayukta or anUpalokayukta shall not be made by any authority other than Governmentand the appointment of an officer on the staff of the Lokayukta, shallnot be made without the prior concurrence of the Lokayukta".

(ii) in the proviso to sub-rule (6), for the words, "an officer ofthe Karnataka State Vigilance Commission" the words"the Lokayukta or the Upalokayukta" or an officer on thestaff of the Lokayukta" and for the words "such officer"the words "the Lokayukta, Upalokayukta or such officer"shall be substituted.

3. Amendment of rule 12A.- In rule 12A of the said rules.-

(i) for the words "Vigilance Commission", the words"Lokayukta or an Upalokayukta" shall be substituted.

449

(ii) for the words "Vigilance Commissioner", the words'Lokayukta or an Upalokayukta, as the case may be", shallbe substituted.

4. Substitution of new rule to rule 14A.- For rule 14A of thesaid rules, the following shall be substituted namely:-

"14A- Procedure in cases entrusted to the Lokayukta:

(1) The provisions of sub-rule (2) shall, notwithstanding anythingcontained in rules 9 to 11A and 13, be applicable for purposes ofproceeding against Government Servants whose alleged misconducthas been investigated into by the Lokayukta or an Upalokayukta eitherunder the provisions of the Karnataka Lokayukta Act, 1984 or on areference from Government.

(2) (a) Where on investigation into any allegation against

(i) a member of the State Civil Services Group-A orGroup-B, or

(ii) a member of the State Civil Services Group-A orGroup-B and a member of the State Civil ServicesGroup-C, or Group-D, or

(iii) a member of the State Civil Services Group-C orGroup-D.

the Lokayukta or the Upalokayukta is of the opinion that disciplinaryproceedings shall be taken, he shall forward the record of theinvestigation along with his recommendation to the Government and theGovernment, after examining such record, may either direct an inquiryinto the case by the Lokayukta or the Upalokayukta or direct theappropriate Disciplinary Authority to take action in accordance withrule 12.

450

(b) Where it is proposed to hold an inquiry into a case underclause (a) the enquiry may be conducted either by the Lokayukta or theUpalokayukta, as the case may be, or an officer on the staff of theLokayukta authorised by the Lokayukta or the Upalokayukta to conductthe inquiry;-

Provided that the inquiry shall not be conducted by an officerlower in rank than that of Government Servant against whom it is held.

Provided further that an inquiry against a Government Servantnot lower in rank than that of a Deputy Commissioner shall not beconducted by any person other than the Lokayukta or the Upalokayuktaor an Additional Register (Inquiries).

Provided also that an officer on the staff of the Lokayuktaauthorised to conduct an inquiry under clause (b) shall not have thepower to appoint another officer to conduct it wholly or in part.

(c) The Lokayukta, the Upalokayukta or the Officer authorisedunder clause (b) to conduct an inquiry shall conduct it in accordancewith the provisions of rule 11 in so far as they are not inconsistent withthe provisions of this rule and for that purpose shall have the powers ofthe Disciplinary Authority referred to in the said Rule.

(d) After the inquiry is completed, the record of the case alongwith the findings of the Inquiring Officer and the recommendations ofthe Lokayukta or the Upalokayukta, as the case may be, shall be sent tothe Government.

(e) On receipt of the record under clause (d) the Governmentshall take action in accordance with the provisions of sub-rule (21) andsub-rule (23) of rule 11 and rule 11-A and in all such cases theGovernment shall be the Disciplinary Authority competent to imposeany of the penalties specified in rule 8.

(3) Nothing in sub-rule (1) shall be applicable to members of theKarnataka Judicial Service or Government servants under theadministrative control of such members or of the High Court ofKarnataka.

451

(Explanation.- In this rule, the expression 'Lokayukta' and"Upalokayukta' shall respectively have the meaning assigned to them inthe Karnataka Lokayukta Act, 1984".

5. Amendment of Schedule II.- In Schedule II to the said rules,for the heading "Karnataka State Vigilance Commission" and the entriesrelating thereto, the following shall be substituted, namely:-

"Staff of the Lokayukta"

Office Superintendent Registrar Registrar (ii) Lokayukta"First Division Clerks, to (viii)Stenographers, SecondDivision Clerks, TypistsDrivers and all otherGroup-C posts

6. Amendment to Schedule III.- In Schedule III to the saidrules, for the heading "The Karnataka State Vigilance Commission"and the entries relating thereto the following shall be substituted, namely:-

"Staff of the Lokayukta"

Attenders, Jamedars Registrar Registrar (i) Lokayukta"Cleaners and all to (viii)other Group-Dposts





452


Notification

No. DPAR 4 SDE 87, Bangalore, Dated 5th May 1987

In exercise of the powers conferred on me by the proviso toArticle 309 the Constitution of India, I, Ashoka Nath Banerji, Governorof Karnataka hereby makes the following rules further to amend theKarnataka Civil Services (Classification, Control and Appeal) Rules,1957, namely:-

1. Title and Commencement.- (1) These rules may be calledthe Karnataka Civil Services (Classification, Control, and Appeal) (FourthAmendment) Rules, 1986.


2. Amendment of rule 5.- In rule 5 of the Karnataka CivilServices (Classification, Control and Appeal) Rules, 1957, for sub-rule(3) and explanation thereunder, the following shall and shall be deemedto have been sustained with effect from the first day of July 1986,namely:-

"(3) (a) State Civil Services Group 'A' shall consist of postscarrying the scales of pay of Rs. 2200-50-2300-75-2900-90-3350-100-3950-120-4070 and above.

(b) State Civil Services Group 'B' shall consist of posts carryingthe scales of pay of Rs. 1720-40-1800-50-2300-75-2900-90-3170 andabove, but below the scale of pay of Rs. 2200-50-2300-75-2900-90-3350-100-3950-120-4070.

(c) State Civil Services Group 'C' shall consist of the postscarrying the scales of pay above the scale of pay of Rs. 780-15-900-20-1040 but below the scale of pay of Rs. 1720-40-1800-50-2300-75-2900-90-3170 but other than the posts specified in the Schedule-IV and

453

(d) State Civil Services Group 'D' shall consist of the postsspecified in Schedule IV and the posts carrying the scale of pay of Rs.780-15-900-20-1040".

Explanation.- For the purposes of this sub rule "scale of pay"means the revised scale of pay prescribed in respect of various posts inthe Karnataka Civil Services (Revised Pay) Rules, 1957.






Notification No. DPAR 14 SDE 87, Bangalore,Dated 5th December 1987

In exercise of the powers conferred by the proviso to Article 309of the Constitution of India, I Ashoka Nath Banerji, Governor ofKarnataka hereby makes the following rules further to amend theKarnataka Civil Services (Classification, Control and Appeal) Rules,1958, namely:-

1. Title and Commencement.- (1) These rules may be calledthe Karnataka Civil Services (Classification, Control, and Appeal)(Fourth Amendment) Rules, 1987.

They shall come into force on the date of their publication in theofficial Gazette.

2. Amendment of rule 15.- In rule 15 of the Karnataka CivilServices (Classification, Control and Appeal) Rules, 1957, after sub-rule (2), the following sub-rule shall be inserted, namely-

454

"(3) Notwithstanding anything in sub-rules (1) and (2), the ChiefSecretary of a Zilla Parishad shall have the powers of the AppointingAuthority for the purpose of placing under suspension a Governmentservant who is a member of the State Civil Services Group 'C' or Group'D' or who is a holder of a Group 'C' or Group 'D' post and whoseservices are lent to the Zilla Parishad. The Chief Secretary shall alsohave the powers to impose any of the penalties specified in clause (i) to(iva) of rule 8 on such Government servant. It shall not be necessaryfor the Chief Secretary to get the approval of or to consult the lendingauthority before placing the Government servant under suspension orimposing the penalty.





455


Notification No. DPAR 29 SDE 87, Bangalore,Dated 22nd January 1988

In exercise of the powers conferred on me by the proviso toArticle 309 of the Constitution of India, I Ashok Nath Banerji, Governorof Karnataka hereby makes the following rules further to amend theKarnataka Civil Services (Classification, Control and Appeal) Rules,1957, namely:-

1. Title and Commencement.- (1) These rules may be calledthe Karnataka Civil Services (Classification, Control, and Appeal) (SecondAmendment) Rules, 1988.


2. Amendment of rule 15.- In rule 15 of the Karnataka CivilServices (Classification, Control and Appeal) Rules, 1957, after sub-rule (2), the following sub-rule shall be inserted, namely:-

"(2A) Notwithstanding anything in sub-rules (1) and (2) the ChiefSecretary of a Zilla Parishad shall have the powers of the AppointingAuthority to impose any of the penalties specified in clauses (ii) to (iiia)of rule 8 on a Government servant who is a member of the State CivilServices Group 'B' or who is a holder of a Group 'B post and whoseservices are lent to the Zilla Parishad. It shall not be necessary for theChief Secretary to get the approval of or to consult the lending authoritybefore imposing the penalty".





456


Notification No. DPAR 33 SDE 88, Bangalore,Dated 10th February 1989

In exercise of the powers conferred by the proviso to Article 309the Constitution of India, the Governor of Karnataka hereby makes thefollowing rules further to amend the Karnataka Civil Services(Classification, Control and Appeal) Rules, 1957, namely:-



2. Amendment to rule 15.- In rule 15 of the Karnataka CivilServices (Classification, Control and Appeal) Rules, 1957, (hereinafterreferred to as the said rules), to sub-rule (3), the following proviso shallbe added, namely:-

"Provided that an appeal against the order passed under this sub-rule shall lie to the Head of the Department from which the GovernmentServant is lent to the Zilla Parishad".

3. Amendment of rule 18.- In rule 18 of the said rules in sub-rule (3), after the third proviso the following proviso shall be insertednamely:-

"Provided also that a member of State Civil Services Group 'C' orGroup 'D' may appeal to the Governor against any order passed by theGovernment imposing any of the penalties specified in rule 8.





457



Bangalore, dated 23rd October 1990

Notification

In exercise of the powers conferred by the proviso to Article 309of the Constitution of India, the Governor of Karnataka hereby makesthe following rules further to amend the Karnataka Civil Services(Classification, Control and Appeal) Rules, 1957, namely:-



2. Amendment of rule 8.- In rule 8 of the Karnataka CivilServices (Classification, Control and Appeal) Rules, 1957, (hereinafterreferred to as the said rules), for Explanation 1, the following shall besubstituted, namely:-

"Explanation 1.- For purposes of this proviso the expression"Corruption" shall have the meaning assigned to the expression "criminalmisconduct by a public servant" in section 13 of the Prevention ofCorruption Act, 1988 (Central Act 49 of 1988).

3. Amendment of Schedule II.- In schedule II to the said rulesfor the entries under the heading "KARNATAKA GOVERNMENTSECRETARIAT" the following entries shall be substituted, namely:-

KGD 8-11-1990

458

Class of Authority Authority Appellateposts empowered empowered- to Authority

to appoint impose penaltiesand penalties which

he may imposeAuthority Penalties

1 2 3 4 5

Senior Chief Deputy (ii) to ChiefAssistants Secretary Secretary (iva) SecretaryAssistants, JointStenographers, Secretary,Junior Assistants, AdditionalTypists and all Secretaryother Group 'C' to Governmentposts in all Depart- concernedments of theSecretariat(Except in the Secretary (ii) to ChiefDepartment of to Govern- (iva) SecretaryCabinet Affairs ment,and the Depart- Departmentment of Personnel of Personneland Administrative & Adminis-Reforms and the trative,Office of the ReformsResident Commis-sioner, Karnataka Chief (v) to GovernmentNew Delhi) Secretary (viii)

Senior Chief Deputy (ii) to ChiefAssistants, Secretary Secretary (iva) SecretaryAssistants, to Govern-Stenographers mentJunior Department

459

Assistants, of CabinetTypists, Affairs andTypewriter DepartmentMechanic, of PersonnelSupervisor and Admini-(Watch & Ward), strativeTelephone ReformsOperators andall other Group- Chief (v) to Government'C' posts in Secretary (viii)the Departmentof CabinetAffairs andDepartment ofPersonneland Admini-strativeReforms

Senior Resident Liaison (ii) to ResidentAssistants, Commis- Officer (iva) Commis-Assistants, sioner sionerStenographers, Karnataka KarnatakaClerk-cum-Typists, Typists,and all other Resident (v) to ChiefGroup 'C' Commis- (viii) Secretaryposts in the sioner,Office of the KarnatakaResidentCommissionerKarnataka,New Delhi

1 2 3 4 5

460

All Officers Chief Secretary (ii) to Chiefin the Personal Secretary to Govern- (iva) SecretaryEstablishment ment,of Ministers/ DepartmentMinisters of Personnelof State and Adminis-

trativeReforms

Chief (ii) to GovernmentSecretary (viii)

Explanation.-(i) "Deputy Secretary / Joint Secretary / Additional Secretary

to Government concerned" means the Deputy Secretary/Joint Secretary/Additional Secretary to Government incharge of the Administration of the Department other thanthe Department of Personnel and Administrative Reformsin which the officer is working at the time of taking actionunder these rules".

(ii) "Deputy Secretary to Government, Department of CabinetAffairs and Department of Personnel and AdministrativeReforms" means the Deputy Secretary to Government inthe Department of Cabinet Affairs and the Department ofPersonnel and Administrative Reforms in charge of mattersrelating to the service conditions of the officers specified inthe column 1.

3. Amendment of Schedule III.- In Schedule III to the saidrules, for the entries under the heading "KARNATAKAGOVERNMENT SECRETARIAT", the following entries shall besubstituted, namely:-

1 2 3 4 5

461

All Group 'D' Under Under (ii) to Secretaryposts in all Secretary Secretary (iva) to Govern-Department Department concerned mentof the Secretariat of Personnel concerned(Except in and Admini-the Department strativeof Cabinet ReformsAffairs and the Under (v) to ChiefDepartment Secretary (viii) Secretaryof Personnel and DepartmentAdministrative of PersonnelReforms and Admini-& the Office of strativethe Resident ReformsCommissioner,Karnataka,New Delhi)

All Group 'D' Under Under (i) to Deputyposts in the Secretary Secretary (iva) Secretary,Department of Department concerned DepartmentCabinet of Personnel of Depart- of PersonnelAffairs and and Adminis- ment of and Admini-the Department trative Personnel strativeof Personnel Reforms and Admins- Reformsand Adminis- trativetrative Reforms Reforms

Under (v) ChiefSecretary to (vii) SecretaryDepartmentof Personneland Admini-strativeReforms

1 2 3 4 5

462

Despatch Rider Resident Liaison (i) to ResidentPeons and all Commissi- Officer (iva) Commis-other Group-D sioner sionerposts in the KarnatakaOffice of the Resident (v) to ChiefResident Comm- Commis- (viii) Secretaryissioner, sionerKarnatakaNew Delhi

Personal Establishment of Ministers / Ministers of State:-

All Group 'D' Under Private (i) to Deputyposts Secretary Secretary (iva) Secretary

Department to the Departmentof Personnel Minister/ of Personnel& Adminis- Minister & Adminis-trative of State trativeReforms Reforms

Under (v) to ChiefSecretary (viii) SecretaryDepartment to Govern-of Personnel ment& Adminis-trativeReforms

Office of the Chief Electrol Officer in Respect of the StaffDeputed from the Karnataka Government Secretariat

All Group 'D' Under Under (i) to Chiefposts Secretary Secretary (iva) Electrol

Department (Elections) Officerof Personneland Adminis-trativeReforms Chief (v) to Chief

Electoral (viii) SecretaryOfficer

1 2 3 4 5

463

Explanation.-(i) "Under Secretary, Department of Personnel and Adminis-

trative Reforms" means Under Secretary to Government inthe Department of Cabinet Affairs and Department ofPersonnel and Administrative Reforms in charge of thematters relating to service conditions of Group 'D' officialsof the Karnataka Government Secretariat.

(ii) "Under Secretary concerned" means the Under Secretaryto Government in any Department of the Secretariat otherthan the Department of Cabinet Affairs and Department ofPersonnel and Administrative Reforms to whom theconcerned Group 'D' official is subordinate at the time oftaking action under these rules and in the case of Group 'D'official of the Personnel Establishment of the Secretary,Additional Secretary, Joint Secretary and Deputy Secretaryto Government, the Under Secretary of the Departmentincharge of the establishment matters of that department.

(iii) "Deputy Secretary, Department of Personnel and Adminis-trative Reforms" means the Deputy Secretary toGovernment in the Department of Cabinet Affairs andDepartment of Personnel and Administrative Reforms incharge of the matter relating to the service conditions ofthe officials specified in the column 1.

(iv) "Secretary to Government concerned" means the Secretaryof the Department in which the official is working at thetime of taking action under these rules".



72-GSR-162 K.K. NADGIRUnder Secretary to Government,


464


Notification No. DPAR 5 SDE 92, Bangalore,Dated 13th May 1993

Whereas the draft of the following rules further to amend theKarnataka Civil Services (Classification, Control and Appeal) Rules,1957 was published as required by sub-section (2) of Section 3 of theKarnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990)in Notification No. DPAR 5 SDE 92, dated 8th February 1993 in Part-IV, Section 2(c) (i) of the Karnataka Gazette Extraordinary dated 9thMarch 1993 inviting objections / suggestions from all the persons likelyto be affected thereby within 30 days from the date of its publication inthe Official Gazette.

And whereas, the said Gazette was made available to Public on9th March, 1993.

And whereas, the suggestions and objections received by theState Government on the said draft have been considered.

Now therefore, in exercise of the powers conferred by sub-section(1) of Section 3 read with Section 8 of the Karnataka State Civil ServicesAct, 1978 (Karnataka Act 14 of 1990), the Government of Karnatakahereby makes the following rules, namely:-



2. Amendment of rule 26.- In rule 26 of the Karnataka CivilServices (Classification, Control and Appeal) Rules, 1957, shall benumbered as sub-rule (1) and after sub-rule (1), as so renumbered, thefollowing shall be inserted namely:-

465

"(2) No application for review shall be entertained unless it issubmitted within a period of three years from the date oforder subjected to review.

Provided that the Governor may entertain the review applicationafter the expiry of the said period, if he is satisfied that the Governmentservant had sufficient cause for not submitting the review application intime".


KANNAN KUTTI KULAVILUnder Secretary to Government-II


466


Notification No. DPAR 11 SDE 93, Bangalore,Dated 3rd January 1994

Whereas the draft of the following rules further to amend theKarnataka Civil Services (Classification, Control and Appeal) Rules,1957 was published as required by sub-section (2) of Section 3 of theKarnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990)in Notification No. DPAR 11 SDE 93, dated 11th November 1993 inPart-IV of Section 2c(i) of the Karnataka Extraordinary Gazette dated17th November 1993 inviting objections / suggestions from all the personslikely to be affected thereby within 30 days from the date of its publicationin the Official Gazette.

And whereas, the said Gazette was made available to Public on17th November 1993.

And whereas, no suggestions and objections have been receivedby the State Government on the said draft have been considered.



(2) They shall come into force on from date of their publicationin the official Gazette.

467

2. Amendment of rule 15.- In rule 15 of the Karnataka CivilServices (Classification, Control and Appeal) Rules, 1957, in sub-rules(2A) and (3) for the words "Chief Secretary" and "Zilla Parishad"wherever they occur. The word "Chief Executive Officer" and "ZillaPanchayat" shall respectively be substituted.




468


Notification No. DPAR 5 SDE 94, Bangalore,Dated 13th July 1994

Whereas the draft of the following rules further to amend theKarnataka Civil Services (Classification, Control and Appeal) Rules,1957 was published as required by sub-section (2) of Section 3 of theKarnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990)in Notification No. DPAR 5 SDE 94, dated 3rd June 1994 in Part-IV,Section 2(c) (i) of the Karnataka Extraordinary Gazette dated 7th June1994 inviting objections / suggestions from all the persons likely to beaffected thereby within 30 days from the date of its publication in theOfficial Gazette.

And whereas, the said Gazette was made available to the Publicon 7th June 1994.

And whereas, the suggestions or objections have been receivedby State Government on the said draft.




2. Amendment of rule 5.- In rule 5 of the Karnataka CivilServices (Classification, Control and Appeal) Rules, 1957, for sub-rule(3) and explanation thereunder, the following shall be deemed to havebeen substituted with effect from 1st day of July 1993, namely:-

469

"3(a) State Civil Services Group "A" shall consist of posts carryingthe scales of pay of Rs. 2375-75-2900-100-3700-125-4450 and above.

(b) State Civil Services Group "B" shall consist of posts carryingthe scales of pay of Rs. 1900-50-2300-75-2900-100-3700 and above,but below the scale of pay of Rs. 2375-75-2900-100-3700-125-4450.

(c) State Civil Services Group "C" shall consist of the postscarrying the scales of pay, above the scale of pay of Rs. 840-15-900-20-1100-30-1340, but below the scales of pay of Rs. 1900-50-2300-75-2900-100 3700, but other than the posts specified in Schedule IV; and

(d) State Civil Services Group "D' shall consist of posts specifiedin Schedule - IV and the posts carrying the scale of pay ofRs. 840-15-900-20-1100-30-1340".

Explanation.- For the purposes of this sub-rule "Scale of pay"means the Revised Scale of pay specified in respect of various posts inthe Karnataka Civil Services (Revised Pay) Rules, 1994 and relatedorders".




470


Notification No. DPAR 8 SDE 93, Bangalore,Dated 22nd December 1995

Whereas the draft of the following rules further to amend theKarnataka Civil Services (Classification, Control and Appeal) Rules,1957 was published as required by sub-section (2) of Section 3 of theKarnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990)in Notification No. DPAR 8 SDE 93, dated 10th October 1995 inPart-IV, Section 2(c) (i) of the Karnataka Extraordinary Gazette dated12th October 1995 inviting objections / suggestions from all the personslikely to be affected thereby within 30 days from the date of its publicationin the Official Gazette.

And whereas, the said Gazette was made available to the Publicon 12th October, 1995.

And whereas, no suggestions or objections have been receivedby the State Government on the said draft.




2. Amendment of rule 26.- For Rule 26 of the Karnataka CivilServices (Classification, Control and Appeal) Rules, 1957, the followingshall be substituted namely:-

"26. Review.- The State Government may at any time, eitheron its own motion or otherwise, after calling for records of the case,review any order passed under these rules when any new material or

471

evidence, which could not be produced or was not available at the timeof passing the order under review and which has the effect of changingthe nature of the case has come, or has been brought, to its notice; and:-

(a) confirm, modify or set aside the order;

(b) impose any penalty or set aside, reduce, confirm or enhancethe penalty imposed by the order;

(c) remit the case to the authority which made the order or toany other authority directing such further action or inquiry as isconsidered proper in the circumstances of the case; or

(d) pass such other orders as it deems fit.

Provided that no order imposing or enhancing any penalty shallbe made by the State Government unless the member of the Serviceconcerned has been given a reasonable opportunity of making arepresentation against the penalty proposed or where it is proposed toimpose any of the major penalties specified in Clauses (v) to (viii) ofRule 8 or to enhance a minor penalty imposed by the order sought to bereviewed to any of the major penalties and if an enquiry under Rule 11has not already been held in the case, no such penalty shall be imposedexcept after enquiring in the manner laid down in Rule 11 subject tothe provisions of Rule 14, and except after consultation with theCommission."

Provided further that no application by a Government servant forreviewing an order in a disciplinary proceedings imposing any penaltyother than those specified in Clauses (v) to (viii) of Rule 8 and in respectof which an appeal is provided shall lie.


K.L. JAYARAMUnder Secretary to Government-II


472


Notification

No. DPAR 15 SDE 95, Bangalore,Dated 22nd March 1995

Whereas the draft of the following rules further to amend theKarnataka Civil Services (Classification, Control and Appeal) Rules,1957, was published as required by sub-section (2) of Section 3 of theKarnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990)in Notification No. DPAR 15 SDE 95, dated 7th February 1996 inPart-IV, Section 2(c) (i) of the Karnataka Extraordinary Gazette dated9th February 1996 inviting objections / suggestions from all the personslikely to be affected thereby within 30 days from the date of its publicationin the Official Gazette.

And whereas, the said Gazette was made available to Public on9th February 1996.

And whereas, no suggestions or objections have been receivedby the State Government on the said draft.




473

2. Amendment of rule 14.- The second proviso to rule 14 of theKarnataka Civil Services (Classification, Control and Appeal) Rules,1957, shall be Omitted.




474


Notification

No. DPAR 9 SDE 92, Bangalore,Dated 21st January 1997

Whereas the draft of the following rules further to amend theKarnataka Civil Services (Classification, Control and Appeal) Rules,1957 was published as required by clause (a) of sub-section (2) ofSection 3 read with Section 8 of the Karnataka State Civil ServicesAct, 1978 (Karnataka Act 14 of 1990) in Notification No. DPAR 9SDE 92, dated 25th June 1996 in Part-IV, Section 2(c) (i) of theKarnataka Gazette Extraordinary, dated 28th June 1996 inviting objections/ suggestions from all the persons likely to be affected thereby within 30days from the date of its publication in the Official Gazette.

Whereas, the said Gazette was made available to the Public on28th June, 1996.

And whereas, the suggestion received have been considered bythe State Government.




2. Amendment of rule 14A.- In Rule 14A of the KarnatakaCivil Services (Classification, Control and Appeal) Rules, 1957,(hereinafter referred to as the said rules).-

475

(i) in sub-rule (1), the following shall be deemed to have beeninserted at the end with effect from 15th January, 1986, namely: 'orwhere offences alleged against them publishable under the Preventionof Corruption Act, 1947, or the Prevention of Corruption Act, 1988 hasbeen investigated by the Karnataka Lokayukta Police before 21st dayof December 1992".

(ii) in sub-rule (2), in clause (a), for the words "the Lokayuktaor the Upalokayukta is of the opinion", the following shall be deemed tohave been substituted with effect from 15th January, 1986, namely:-

"the Lokayukta or the Upa-Lokayukta or, (before the twentyfirst day of December, 1992), the Inspector General of Police of theKarnataka Lokayukta Police is of the opinion".

(iii) in explanation, the following shall be deemed to have beeninserted at the end with effect from 15th January, 1986, namely:-

"and the expression 'Karnataka Lokayukta Police' meansthe Police Wing established under Section 15 of the Karnataka LokayuktaAct, 1984 and includes, so far as may be, the corresponding establishmentunder the Karnataka State Vigilance Commission Rules, 1980, and theExpression "Inspector General of Police shall be construed accordingly".

3. Validation.- (a) Notwithstanding anything contained in the saidrules, every recommendation made by the Inspector General of Police,Karnataka Lokayukta, Bureau of Investigation, for initiating a disciplinaryenquiry against a person referred to in Clause (a) of sub-rule (2) of rule14A of the said rules, in respect of misconduct discovered on investigationby the Karnataka Lokayukta, Lokayukta Police, into an offencepunishable under the Prevention of Corruption Act 1947 of the Preventionof Corruption Act, 1988 before the twenty first day of December, 1992and the direction given by the Government on such recommendationfor an enquiry under rule 14A of the said rules shall be deemed to be

476

and always to have been as valid as if the provisions of rule 14A of thesaid rules as amended by these rules were in force at all material times.

(b) No proceeding or enquiry held no recommendation madethereon, no order passed by the Government and no jurisdiction exercisedunder rule 14A of the said rules in cases to which sub-rules (1) and (2)of the said rules as amended by these rules apply shall be deemed everto have been invalid or illegal and shall not be called in question beforeany Court Authority or Tribunal on the ground that recommendation forinitiating such proceeding or enquiry was on the Inspector General ofPolice, Lokayukta Police.




477

Notification

No. DPAR 15 SDE 96, Bangalore,Dated 20th June 1997

In exercise of the powers conferred by sub-rule (1) of Rule 10 ofthe Karnataka Civil Services (Classification, Control and Appeal) Rules,1957 and without prejudice to the powers delegated to the Secretariesto Government in Notification No. DPAR 38 SSR 74 (1), dated 19thOctober, 1974, the Government of Karnataka hereby empowers theSecretary to Government, Department of Personnel and AdministrativeReforms, to place under suspension all Group 'C' and Group 'D' officialsbelonging to the Karnataka Government Secretariat Service.




478


Notification

No. DPAR 2 SDE 99, Bangalore,Dated 17th June 1999

Whereas the draft of the following rules further to amend theKarnataka Civil Services (Classification, Control and Appeal) Rules,1957 was published as required by Sub-section (2) of Section 3 of theKarnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990)in Notification No. DPAR 2 SDE 99, dated 20th March 1999 inPart-IV, Section 2(c) (i) of the Karnataka Extraordinary, Gazette dated22nd April 1999 inviting objections and suggestions from the personslikely to be affected thereby within 30 days from the date of its publicationin the Official Gazette.

And whereas, the said Gazette was made available to the Publicon 22nd April, 1999.

And whereas, no objections and suggestions have been receivedby the State Government on the said draft.

Now , therefore, in exercise of the powers conferred by sub-section (1) of Section 3 read with Section 8 of the Karnataka State CivilServices Act, 1978 (Karnataka Act 14 of 1990), the Government ofKarnataka hereby makes the following rules, namely:-

1. Title and Commencement.- (1) These rules may be calledthe Kanataka Civil Services (Classification, Control, and Appeal) (FirstAmendment) Rules, 1999.


2. Amendment of rule 5.- In Rule 5 of the Karnataka CivilServices (Classification, Control and Appeal) Rules, 1957, for sub-rule(3), the following shall be deemed to have been substituted with effectfrom the First day of April, 1998, namely.

479

"3(a) State Civil Services Group 'A' shall consist of posts carryingthe scales of pay of Rs. 7400-200-8800-260-10880-320-13120 and above.

(b) State Civil Services Group 'B' shall consist of posts carryingthe scales of pay of Rs. 5575-125-5700-150-7200-200-8800-260-10620and above. But below the scale of pay of Rs. 7400-200-8800-260-10880-320-13120.

(c) State Civil Services Group 'C' shall consist of the postscarrying the scales of pay above the scale of pay of Rs. 2500-50-2700-75-3450-100-3850 but below the scales of pay of Rs. 5575-125-5700-150-7200-200-8800-260-10620 but other than the posts specified inSchedule IV and

(d) State Civil Services Group 'D' shall consist of posts specifiedin Schedule-IV and the posts carrying the scale of pay ofRs. 2500-50-2700-75-3450-100-3850."

Explanation.- For the purposes of this sub-rule "scale of pay"means the revised scales of pay specified in respect of various posts inthe Karnataka Civil Services (Revised Pay) Rules, 1999 and relatedorders.




480


Notification

No. DPAR 13 SDE 97, Bangalore,Dated 1st September 1998

Whereas the draft of the following rules further to amend theKarnataka Civil Services (Classification, Control and Appeal) Rules,1957 was published as required by clause (a) of sub-section (2) ofsection 3 of the Karnataka State Civil Services Act, 1978 (KarnatakaAct 14 of 1990) in Notification No. DPAR 13 SDE 97, dated 24thMarch 1998, in Part-IV, Section 2(c) (i) of the Karnataka GazetteExtraordinary dated 28th March, 1998, inviting objections and suggestionsfrom the persons likely to be affected thereby within 30 days from thedate of its publication in the Official Gazette.

Whereas, the said Gazette was made available to the Public on28th March, 1998.

And whereas the objections and suggestions received in this behalfhave been considered by the State Government.


Rules

1. Title and Commencement.- (1) These rules may be calledthe Kanataka Civil Services (Classification, Control, and Appeal)(Amendment) Rules, 1998.

(2) Rules 2, 3 and 5 shall come into force at once and rule 4shall be deemed to have come into force with effect from the Twenty-sixth day of December, 1995.

481

2. Amendment of rule 9.- In Rule 9 of the Karnataka CivilServices (Classification, Control and Appeal) Rules, 1957, (hereinafterreferred to as the said rules), for clause (bb), the following shall besubstituted, namely.

:(bb) The Heads of Department in the scale of pay of not lessthan Rupees 4,700-6,400 (or its equivalent as may be revised from timeto time) and those belonging to the All India Services may impose on amember of the State Civil Service holding a Group B post or a Group-Apost carrying a pay scale of not more than Rupees 2,600-4575 (or itsequivalent as may be revised from time to time) working in theiradministrative control, any of the penalties specified in clauses (ii), (iii),(iiia), (iv) and (iva) of rule 8;

(bbb) The Heads of the Department in the scale of pay of lessthan Rupees 4,700-6,400 (or its equivalent as may be revised from timeto time) and those belonging to the All India Services may impose on amember of the State Civil Service holding a Group-B post working intheir administrative control, any of the penalties specified in clauses (ii),(iii), (iiia), (iv) and (iva) of rule 8".

3. Amendment of rule 12.- In rule 12 of the said rules, in sub-rule (1), after clause (b), the following proviso shall be inserted, namely:-

"Provided that no order imposing a penalty of withholdingincrements with cumulative effect shall be made without holding aninquiry in the manner laid down in sub-rules (3) to (23) of rule 11."

4. Amendment of rule 26.- In rule 26 of the said rules, after thewords "has been brought to its notice" the words" or if in its opinion anorder imposing any penalty cannot be given effect to or if an orderimposing penalty is not legally valid" shall be inserted.

482

5. Validation.- Every order made and anything done or any actiontaken under rule 26 of the said rules as amended by these rules on orafter twenty sixth day of December, 1995 but before the publication ofthese rules shall be as valid and effective as if the provisions of rule 26of the said rules as amended by these rules were in force at all materialtimes when such order, thing or action was made, done or taken.




483

Personnel & Administrative Reforms Secretariat

Notification

No. DPAR 4 SDE 98, Bangalore,Dated 30th November 1999

Whereas the draft of the following rules further to amend theKarnataka Civil Services (Classification, Control and Appeal) Rules,1957, was published as required by sub-section (2) of Section 3 of theKarnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990)in Notification No. DPAR 4 SDE 98, dated 21st August 99 in Part-IVSection 2(c) (i) of the Karnataka Extraordinary Gazettee dated 31stAugust 1999 inviting objections / suggestions from all persons likely tobe affected thereby within 30 days from the date of its publication in theOfficial Gazette.

And whereas the said Gazette was made available to the publicon 31st August 1999.

And whereas no suggestions or objections have been receivedby the State Government on the said draft.

Now, therefore in exercise of the powers conferred by sub-section(1) of Section 3 read with Section 8 of the Karnataka Civil ServicesAct, 1978 (Karnataka Act 14 of 1990), the Government of Karnatakahereby makes the following rules, namely:-

1. Title and Commencement:- (1) These rules may be calledthe Karnataka Civil Services (Classification, Control and Appeal) (SecondAmendment) Rules, 1990.

(2) They shall come into force on the date of their publication inthe Official Gazette.

KGD 7-12-1999

484

RULES

2. Amendment of Schedule-I:- In Schedule I to the KarnatakaCivil Services (Classification, Control and Appeal) Rules, 1957(hereinafter referred to as the said rules) after Sl.No. 38 and the entriesrelating thereto the following shall be inserted, namely:-

"39. The Karnataka Consumer Protection State Commission andDistrict Forum Service"

3. Amendment of Schedule-II:- In Schedule II to the said rulesafter the entries under the heading "FOOD AND CIVIL SUPPLIESDEPARTMENT", the following shall be inserted namely:-

"Karnataka Consumer Protection State Commission and District ForumService".

Sheristedar President Registrar (ii) to (iva) PresidentFirst Division President (v) to (viii) GovernmentAssistant,Stenographer,Second DivisionAssistant,Typists andDriver,

Accounts Controller Registrar (ii), (iii) PresidentSuperin- of State (iiia), (iv)tendent Accounts and (iva)

Department

Controller Controller (v) to (viii) Governmentof State of StateAccounts AccountsDepartment Department

485

4. Amendment of Schedule-III:- In Schedule III to the saidrules, after the entries under the heading "FOOD AND CIVILSUPPLIES DEPARTMENT", the following entries shall be inserted,namely:-

"Karnataka Consumer Protection State Commission and DistrictForum Services".

All Group-D President Registrar (i) to (viii) PresidentServants




486


Notification

No. DPAR 7 SDE 99, Bangalore,Dated 14th March 2000

In exercise of the powers conferred by sub-rule (1) of Rule 10 ofthe Karnataka Civil Services (Classification, Control and Appeal) Rules,1957 and without prejudice to the powers delegated to the Secretariesto Government in Notification No. DPAR 38 SSR 74 (1), dated 19thOctober, 1974, and Notification No. DPAR 15 SDE 96, dated 20th June1997, the Government of Karnataka hereby empowers All AdditionalSecretaries, Joint Secretaries and Deputy Secretaries to Government,to place under suspension any Government servant belonging toKarnataka Government Secretariat Service, holding a Group "C" or"D" post and working under their control.




487


Notification

No. DPAR 3 SDE 2000, Bangalore,Dated 30th May 2000

In exercise of the powers conferred by the proviso to sub-rule(1) of rule 7 of the Karnataka Civil Services (Classification, Controland Appeal) Rules, 1957, the Government of Karnataka hereby specifiesthe Controller, State Accounts Department to be the Appointing Authorityin respect of the post of Superintendent, State Accounts Departmentwith immediate effect.




488


Notification

No. DPAR 37 SDE 2001, Bangalore,Dated 26th December 2001

Whereas the draft of the following rules further to amend theKarnataka Civil Services (Classification, Control and Appeal) Rules,1957 was published as required by clause (a), Sub-section (2) of Section3 of the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of1990) in Notification No. DPAR 37 SDE 2001, dated 2nd November2001in Part-IV, Section 2(c) (i) of the Karnataka Gazette Extraordinary,dated 6th November 2001, inviting objections and suggestions from allpersons likely to be affected thereby within 30 days from the date of itspublication in the Official Gazette.

Whereas, the said Gazette was made available to the Public on6th November, 2001.



Rules

1. Title and Commencement.- (1) These rules may be calledthe Kanataka Civil Services (Classification, Control, and Appeal) (SecondAmendment) Rules, 2001.


489

2. Amendment of rule 14A.- In clause (e) of sub-rule (2) ofrule 14A of the Karnataka Civil Services (Classification, Control andAppeal) Rules, 1957, the words, brackets and figures "sub-rule (21)and sub-rule (23) of rule 11 and" shall be omitted.




490

Personnel and Administrative Secretariat

Notification

No. DPAR 26 SDE 2001, Bangalore,Dated 7th December 2001

In exercise of the powers conferred by the sub-rule (1) of rule 10of the Karnataka Civil Services (Classification, Control and Appeal)Rules, 1957, the Government of Karnataka hereby empowers theCommissioner for Health and Family Welfare Services to place undersuspension the General Duty Medical Officers.




491


Notification

No. DPAR 19 SDE 95, Bangalore,Dated 7th March 2002

Whereas the draft of the following rules further to amend theKarnataka Civil Services (Classification, Control and Appeal) Rules,1957 was published as required by clause (a), Sub-section (2) of Section3 of the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of1990) in Notification No. DPAR 19 SDE 95, dated 22nd December2001in Part-IVA (P.R. No. 2102) of the Karnataka Gazette dated 31stJanuary 2002 inviting objections and suggestions from all persons likelyto be affected thereby within 30 days from the date of its publication inthe Official Gazette.

Whereas, the said Gazette was made available to the Public on31st January 2002.



Rules

1. Title and Commencement.- (1) These rules may be calledthe Kanataka Civil Services (Classification, Control, and Appeal) (FourthAmendment) Rules, 2001.

(2) They shall come into force from the date of their publicationin the official Gazette.

2. Amendment of rule 11.- In rule 11 of the Karnataka CivilServices (Classification, Control and Appeal) Rules, 1957, (hereinafterreferred to as the said rules), after sub-rule (22), the following shall beinserted, namely:

492

"(22A) Notwithstanding anything contained in these rules, wherea Government servant facing a disciplinary proceeding is transferred,deputed or otherwise posted out of jurisdiction of the disciplinaryauthority which initiated such disciplinary proceeding, the same authorityshall continue and conclude or cause to be continued and concluded theinquiry into the articles of charges against such Government servant inaccordance with these rules and forward the entire record of theproceedings to the disciplinary authority within whose jurisdiction theGovernment servant is presently working and the latter DisciplinaryAuthority may on the evidence on record or if it is of the opinion thatfurther examination of any of the witnesses is necessary in the interestof justice, recall the witness, examine, cross examine or re-examine thewitness and pass such order as it deems fit, in accordance with theserules".

3. Amendment of rule 15.- In rule 15 of the said rules for sub-rules (2A) and (3), the following shall be substituted, namely:-

"(2A) Notwithstanding anything contained in these rules,-

(i) the Government in Rural Development and PanchayatRaj Department in respect of Government servant holding a Group A orB post whose services are lent to the Zilla Panchayat or Taluk Panchayatby an order issued by the Government in Rural Development andPanchayat Raj Department under section 155 of 196 of the KarnatakaPanchayat Raj Act, 1993;

(ii) the Chief Executive officer of the Zilla Panchayat in respectof,-

(a) a Government servant holding a Group B post excludingthe Government servants referred in clause (i) or a GroupC or Group D post whose services are lent to the ZillaPanchayat, Taluk Panchayat, or Grama Panchayat

(b) any doctor working in a Primary Health Centre who is amember of the Karnataka Directorate of Health and FamilyWelfare Service;

493

shall have the powers of the Appointing Authority for placing suchGovernment servant under suspension and of the Disciplinary Authorityfor the purpose of taking a disciplinary proceedings against him and toimpose any of penalties specified in clauses (i) to (iva) of rule 8 on suchGovernment servant. It shall not be necessary for the Government inRural Development and Panchayat Raj Department or the ChiefExecutive Officer of the Zilla Panchayat to get the approval of, or toconsult, the lending authority or the appointing authority as the casemay be, before placing such Government servant under suspension orimposing on him any of the said penalties.

(3) Notwithstanding anything contained in these rules where aGovernment servant referred to in sub-rule (2A),-

(i) who is alleged to have committed any misconduct ormisbehaviour while serving in Zilla Panchayat, Taluk Panchayat orGrama Panchayat is transferred, deputed or otherwise posted out ofjurisdiction of the disciplinary authority referred to in sub-rule (2A) beforeinitiation of a disciplinary proceeding against such Government servant,the same disciplinary authority shall have power to initiate disciplinaryproceeding and to conclude or cause to be concluded the enquiry intoarticles of charges against such Government servant and to impose anyof the penalties specified in clauses (i) to (ia) of rule 8 on suchGovernment servant;

(ii) While facing a disciplinary proceeding is transferred,deputed or otherwise posted out of jurisdiction of the disciplinaryauthority referred to in sub-rule (2A) which initiated the disciplinaryproceeding against such Government Servant, the same disciplinaryauthority shall continue and conclude or caused to be continued orconcluded the enquiry into articles of charges against such Governmentservant in accordance with these rules and shall have power to imposeany of the penalties specified in clauses (i) to (iva) of rule 8 on suchGovernment servant:

494

Provided that an appeal against an order passed by the ChiefExecutive Officer under this sub-rule shall lie:-

(i) in the case of Government servant referred to in sub-clause(a) of clause (ii) of sub-rule (2A), to the Head of theDepartment to which such Government servant belongs;

(ii) in the case of a doctor referred to in sub-clause (b) of clause(ii) of sub-rule (2A), to the Government.




495


Notification

No. DPAR 4 SDE 2000, Bangalore, dated 15th April, 2002

Whereas the draft of the following rules further to amend theKarnataka Civil Services (Classification, Control and Appeal) rules, 1957,was published as required by clause (a) sub-section (2) of section 3 ofthe Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of1990) in Notification No. DPAR 4 SDE 2000, dated 14th February,2002 in Part-IV Section 2(c) (i) of the Karnataka Gazette, Extra-ordinarydated 15th February, 2002 inviting objections and suggestions from allpersons likely to be affected thereby within thirty days from the date ofits publication in the Official Gazette.

Whereas, the said Gazette was made available to the public on15th February, 2002.


Now therefore, in exercise of the powers conferred by sub-section (1) of section 3 read with section 8 of the Karnataka State CivilServices Act, 1978 (Karnataka Act 14 of 1990) the Government ofKarnataka hereby makes the following rules, namely :-

Rules1. Title and Commencement :- (1) These rules may be called

the Karnataka Civil Services (Classification, Control and Appeal) (SixthAmendment) Rules, 2001.

(2) They shall come into force from the date of their publication inthe Official Gazette.

2. Amendment of rule 10 :- In rule 10 of the Karnataka CivilServices (Classification, Control and Appeal) Rules 1957, (hereinafterreferred to as the said rules) ,-

496

(1) in sub rule (1), for clauses (a) and (b), the following shall besubstituted, namely :-

(a) “Where there is prima facie evidence to show that he wascaught red-handed while accepting gratification other thanlegal remuneration by the persons authorised to investigateunder the provisions of the Prevention of Corruption Act,1988 or under any other law;

(b) where a charge sheet is filed before the competent Courtagainst him for any offence involving moral turpitudecommitted in the course of his duty; or

(c) where a charge sheet is filed before the competent Courtagainst him on charges of corruption, embezzlement orcriminal misappropriation of Government money”;

(d) Where there is prima facie evidence of gross dereliction ofduty against him.”

(2) for sub-rule (3), the following shall be substituted, namely:-

“(3) The authority competent to place a Government servantunder suspension shall examine the relevant material relating to thecase and consider whether there is prima facie evidence to support thecharges made against the Government servant and it is satisfied onsuch examination that prima facie evidence exists, it may place theGovernment servant concerned under suspension.”

(3) sub-rule (4) shall be omitted;

3. Amendment of rule 11 :- In rule 11 of the said rules,-

(1) the proviso to sub-rule (2) shall be omitted;

(2) the proviso to sub-rule (6) shall be omitted.

497

4. Disposal of pending cases :- Any proceedings pending onthe date of commencement of the Karnataka Civil Services(Classification, Control and Appeal) (Amendment) Rules, 2001 shallbe continued and concluded by the Lokayukta or the Upalokayukta oran Officer of the Lokayukta as the case may be before whom theproceeding was pending as if the amendment has not been made.




498


Notification

No. DPAR 11 SDE 2002(1), Bangalore,Dated 19th June 2002

In exercise of the powers conferred by the sub-rule (1) of rule 10of the Karnataka Civil Services (Classification, Control and Appeal)Rules, 1957 the Government Karnataka hereby,-

(a) empowers the Commissioner for Health and Family WelfareServices to place under suspension any Government servant holding apost carrying a scale of pay upto and inclusive of the scale of pay of Rs.10620-14960 (as may be revised from time to time) belonging to theHealth and Family Welfare Department Services; and

(b) empowers the officers specified in Table I and Table IIbelow to place under suspension the Government servants holding Group'C' and Group 'D' posts working under their administrative control:-

Table-I

Department of Health and Family Welfare Services

1) Chief Administrative Officer.Directorate of Health and Family Welfare Services

2) District Health and Family Welfare Officer

3) District Surgeon

4) Principal, Health and Family Welfare Training Centre

5) Principal, District Training Centre

6) Superintendent, K.C.G. Hospital, Bangalore

7) Superintendent, Jayanagar General Hospital, Bangalore

8) Superintendent, Chest and T.B. Hospital, Bangalore

499

9) Superintendent, IISIS Gosha Hospital, Bangalore

10) District Officer

Table - II

Department of Medical Education

1) Chief Administrative Officer.

Directorate of Medical Education

2) Superintendent, Bowring and Lady Curzon Hospital, Bangalore

3) Superintendent, Victoria Hospital, Bangalore.

4) Superintendent, Vanivilas Hospital, Bangalore

5) Superintendent, Minto Hospital, Bangalore

6) Principal, Government Dental College, Bangalore

7) Principal, Bangalore Medical College, Bangalore

8) Superintendent, K.R Hospital, Mysore

9) Superintendent, Cheluvamba Hospital, Mysore

10) Superintendent, P.K.T.B. Hospital, Mysore

11) Superintendent, C.G. Hospital Davangere

12) Superintendent, Women and Children Hospital, Davangere

13) Superintendent, Government Wenlock Hospital, Mangalore

14) Superintendent, Lady Goshen Hospital, Mangalore

15) Superintendent, Mental Hospital, Dharwad




500

Personnel and Administration Reforms Secretariat

Notification

No:DPAR 11 SDE 2002(II), Bangalore, dated: 9th August, 2002

Whereas the draft of the following rules further to amend the KarnatakaCivil Services (Classification, Control and Appeal) Rules, 1957, waspublished as required by clause (a), sub-section (2) of Section 3 of theKarnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990)in Notification No. DPAR 11 SDE 2002 (II) dated 19th June, 2002 inPart - IV-A (P.R. NO. 902) of the Karnataka Gazette dated 19th June,2002 inviting objections and suggestions from all persons likely to beaffected thereby within thirty days from the date of its publication in theOfficial Gazette.

Whereas, the said Gazette was made available to the public on19th June, 2002.

And whereas no objections and suggestions have been receivedby the State Government on the said draft.

Now, therefore in exercise of the powers conferred by sub-section(1) of section 3 read with section 8 of the Karnataka State Civil ServicesAct, 1978 (Karnataka Act 14 of 1990) the Government of Karnatakahereby makes the following rules, namely :-

RULES

1. Title and Commencement:- (1) These rules may be calledthe Karnataka Civil Services (Classification, Control and Appeal)(Seventh Amendment) Rules, 2002.

(2) They shall come into force on the date of their publicationin the Official Gazette.

2. Amendment of rule 9.- In rule 9 of the Karnataka CivilServices (Classification, Control and Appeal) Rules, 1957, after clause(bbb), the following shall be inserted, namely:-

501

“(bbb-1) The Commissioner for Health and Family Welfare Servicesmay impose on any Government servant upto and inclusiveof the level of Joint Director (Pay scale of Rs.9580-14200)(as may be revised from time to time) belonging to theHealth and Family Welfare Services, any of the penaltiesspecified in clauses (ii), (iii), (iiia), (iv) and (iva) of rule 8;

(bbb-2) The Chief Administrative Officer in the Office of theDirector, Medical Education may impose on anyGovernment servant belonging to Medical EducationServices Group ‘C’ and ‘D’ cadres working in the Officeof the Director, Medical Education, any of the penaltiesspecified in Clauses (i) to (iva) of rule 8;

(bbb-3) The District officers, Heads of Institutions, Superintendentsof Hospitals, Heads of the offices, Principals, D.M.O., CivilSurgeon may impose on any of the Government servantsbelonging to Medical Education Services Group ‘C’ and‘D’ cadres working under their administrative control in theOffices, Institutions, or Hospitals outside the office ofDirector, Medical Education, any of the penalties specifiedin clauses (i) to (iva) of rule 8;

Explanation: District Officers include Superintendents ofBorwing and Lady Curzon Hospital, Victoria Hospital, VanivilasHospital and Minto Hospital, Principals of Government Dental Collegeand Bangalore Medical College, Superintendents of K.R. Hospital,Mysore, Cheluvamba Hospital, Mysore, PKTB Hospital, Mysore, CGHospital, Davangere, Women and Children Hospital, Davangere,Government Wenlock Hospital, Mangalore, Lady Goshen Hospital,Mangalore, Superintendent and Mental Hospital, Dharwad.

(bbb-4) The Chief Administrative Officer in the Office of theDirector, Health and Family Welfare Services, may imposeon any of the Government servants belonging to Healthand Family Welfare Services or Public Health Service

502

Group ‘C’ and ‘D’ cadres working under his administrativecontrol in the Office of the Director, any of the penaltiesspecified in clauses (i) to (iva) of rule 8;

(bbb-5) The District Officers, Heads of Institutions, Superintendentsof Hospitals, Heads of offices, Principals, D.M.O., CivilSurgeon may impose on any of the Government servantsbelonging to Health and Family Welfare Services or PublicHealth Services Group ‘C’ and ‘D’ cadres and workingunder their Administrative Control in the offices outside theOffice of the Director, Health and Family Welfare Services,any of the penalties specified in clauses (i) to (iva) of rule8".

Explanation: District Officers shall include District Health andFamily Welfare Officer, District Surgeon, Principal, HFWTC, Principal,DTC, Superintendent KCG Hospital, Superintendent, Jayanagar GeneralHospital, Superintendent, HSIS Gosha Hospital, Superin-tendent, Chestand TB Hospital.


K.L. JAYARAM,Under Secretary to Government-II


503

Personnel and Administrative Reforms SecretariatNotification

No:DPAR 13 SDE 2002, Bangalore, dated 29th July, 2002Whereas the draft of the following rules further to amend the

Karnataka Civil Services (Classification, Control and Appeal) Rules,1957, was published as required by clause (a), sub-section (2) of section3 of the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of1990) in notification No. DPAR 13 SDE 2002 dated 21st June, 2002 inPart-IV-A (No. 940) of the Karnataka Gazette dated 25th June, 2002,inviting objections and suggestions from all persons likely to be affectedthereby within thirty days from the date of its publication in the OfficialGazette.

Whereas, the said Gazette was made available to the public on25th June, 2002.


Now, therefore, in exercise of the powers conferred by sub-section(1) of section 3 read with section 8 of the Karnataka State Civil ServicesAct, 1973 (Karnataka Act 14 of 1990) the Government of Karnatakahereby makes the following rules, namely :-

RULES1. Title and commencement:- (1) These rules may be called

the Karnataka State Civil Services (Classification, Control andAppeal) (Eighth Amendment) Rules, 2002.

(2) They shall come into force from the date of their publication inthe official Gazette.

2. Amendment of Schedule II:- In Schedule II to theKarnataka State Civil Services (Classification, Control and Appeal)Rules, 1957 (hereinafter referred to as the said rules), for the entriesunder the heading “DEPARTMENT OF PUBLIC INSTRUCTION”the following shall be substituted, namely:-

504

"Tutorial Cadre PostsSecondary School Deputy Block (ii) to DeputyAssistant Grade I Director Education (iva) Director& II, Education of Public Officer of PublicAssistant Training Instruction InstructionEducator inGovernment TTI,Assistant Lecturerin Hindi Shikshak Deputy (v) to JointCollege, Inspector Director (viii) Director ofof Sanskrit School, of Public PublicP.E. Teachers Instruction InstructionSenior Grade-Iand Grade-II,P.E. Teachers Grade-Iand Grade-IIMusic TeachersGrade-I and Grade-IIDramatic TeacherGrade-I and Grade-IIDance TeacherGrade-I andGrade-II, ArtsMasters,Drawing Masters,Craft TeacherGrade-I and II,Shikshana Samyojakaru(Secondary)

Non Graduate Block Block (ii) to DeputyHead Masters in Education Education (viii) DirectorModel Higher Officer Officer of PublicPrimary Schools, Instruction

1 2 3 4 5

505

Head Masters inHigher PrimarySchool, PrimaryAssistant MastersMusic Teachers inPrimary School,Drawing Teachers inPrimary School,Physical EducationTeachers in PrimarySchool, ShikshanaSamyojakaru(Primary)

Office of the Commissioner for Public Instruction BangaloreAccounts Superin- Commis- Joint (ii) to Commis-tendent Commis- sioner for Director (iva) sioner forsioner for Public Public of Public PublicInstruction Office, Instruction Instruction InstructionSuperintendent (Admn)

Commis- (v) to Governmentsioner forPublicInstruction

ASO, Accounts Commis- Joint (ii) to Commis-Superintendent sioner for Director (iva) sionerin Commissioner Public of Public for Publicfor Public Instruction Instruction InstructionInstructionsOffice

1 2 3 4 5

506

Commis- (v) to Governmentsioner for (viii)PublicInstruction

First Division Commis- Joint (ii) to Commis-Assistant sioner for Director (iva) sioner forStenographer Public of Public Public

Instruction Instruction Instruction(Admn)


Second Division Commis- Senior (ii) to JointAssistant, sioner for Assistant (iva) Director ofTypist, Clerk Public Director Publiccum Typist Instruction of Public Instruction

Instruction(Adm)Commis- (v) to Governmentsioner for (viii)PublicInstruction

Drivers Joint Senior (ii) to JointDirector Assistant (iva) Director ofof Public Director PublicInstruction of Public Instruction(Adm) Instruction (Adm)

(Adm)

1 2 3 4 5

507

Joint (v) to Commis-Director (viii) sioner forof Public PublicInstruction Instruction(Adm)

Office of the Chief Medical Inspector of School, Bangalore

First Division Commis- Joint (ii) to JointAssistant & sioner for Director (iva) Director ofSecond Division Public of Public PublicAssistant Instruction Instruction Instruction

(Adm) (Adm)Commis- (v) to Governmentsioner for (viii)PublicInstruction

Office of the Sanskrit College Mysore and Bangalore

First Division Commis- Principal (ii) to DivisionalAssistant sioner for (iva) Joint

Instruction Directorof PublicInstruction


Second Commis- Principal (ii) to DivisionalDivision Assistant sioner for (iva) Joint

Public Director ofInstruction Public

InstructionCommis- (v) to Governmentsioner for (viii)PublicInstruction

1 2 3 4 5

508

Office of the Director of Public Instruction (Examinations) andDirector of Public Instruction (Other Examinations) KarnatakaSecondary Education Examination Board, Bangalore.

Superintendent Commis- Secretary (ii) to Directorsioner for Karnataka (iva) of PublicPublic Secondary InstructionInstruction Education

ExaminationBoardCommis- (v) to Governmentsioner for (viii)PublicInstruction

First Division Commis- Secretary (ii) to DirectorAssistant and sioner for Karnataka (iva) of PublicStenographer Public Secondary Instruction

Instruction EducationExaminationBoardCommis- (v) to Governmentsioner for (viii)PublicInstruction

Second Division Commis- Secretary (ii) to DirectorAssistant, Typist sioner for Karnataka (iva) of PublicClerk cum Public Secondary InstructionTypist Instruction Education


1 2 3 4 5

509

1 2 3 4 5Drivers Commis- Secretary (ii) to Director

sioner for Karnataka (iva) of PublicPublic Secondary InstructionInstruction Education


Director of Public Instruction, Urdu and other MinorityLanguages, BangaloreSuperintendent Commis- Director (ii) to Commis-

sioner for of Public (iva) sionerPublic Instruction for PublicInstruction (Minorities) Instruction


First Division Commis- Director (ii) to Commis-Assistant, sioner for of Public (iva) sioner forStenographer Public Instruction Public

Instruction (Minorities) InstructionCommis- (v) to Governmentsioner for (viii)PublicInstruction

Second Division Commis- Director (ii) to Commis-Assistant, Typist, sioner for of Public (iva) sioner forClerk cum Public Instruction PublicTypist Instruction (Minorities) Instruction

510

1 2 3 4 5Commis- (v) to Governmentsioner for (viii)PublicInstruction

Drivers Commis- Deputy (ii) to Commis-sioner for Director of (iva) sioner for

Public Public PublicInstruction Instruction Instruction

(Minorities)Commis- (v) to Governmentsioner for (viii)PublicInstruction

Office of the Secretary and Ex-Officio Joint Director of PublicInstruction Divisional Secondary Examination Board, Bangalore,Mysore, Belgaum, Gulbarga.

Superintendent/ Commis- Secretary/ (ii) to Commis-Accounts sioner for Joint (iva) sionerSuperintendent Public Director for Public

Instruction of Public InstructionInstructionCommis- (v) to Governmentsioner for (viii)PublicInstruction

First Division Joint Secretary/ (ii) to Commis-Assistant, Director Joint (viii) sioner forStenographer of Public Director of Public

Instruction Public InstructionInstructionand JointDirector ofPublicInstruction(Adm)

511

1 2 3 4 5Second Division Joint Secretary/ (ii) to Commis-Assistant, Director Joint (viii) sioner forTypist, Clerk of Public Director of Publiccum Typist Instruction Public Instruction

Instructionand JointDirector ofPublicInstruction(Adm)Senior (ii) to SecretaryAssistant (iva) and Ex-Director of officioPublic JointInstruction Director of(Adm) Public

Instruction.Drivers Joint Secretary/ (ii) to Commis-

Director Joint (viii) sioner forof Public Director of PublicInstruction Public Instruction

Instructionand JointDirector ofPublicInstruction(Adm)Senior (ii) to SecretaryAssistant (iva) and Ex-Director of officioPublic JointInstruction Director of(Adm) Public

Instruction

512

1 2 3 4 5Office of the Joint Director of Public Instruction Mid day Meals.

Superintendent/ Commis- Joint (ii) to Commis-Accounts sioner for Director (iva) sionerSuperintendent Public of Public for Public

Instruction Instruction InstructionCommis- (v) to Governmentsioner for (viii)PublicInstruction

First Division Commis- Joint (ii) to Commis-Assistant and sioner for Director (iva) sionerStenographer Public of Public for Public

Instruction Instruction Instruction(Mid dayMeals)Commis- (v) to Commis-sioner for (viii) sioner forPublic PublicInstruction Instruction

Second Division Commis- Joint (ii) to Commis-Assistant/ sioner for Director (iva) sionerTypist/ Clerk Public of Public for Publiccum Typist Instruction Instruction Instruction

(Mid dayMeals)Commis- (v) to Governmentsioner for (viii)PublicInstruction

513

1 2 3 4 5Drivers Commis- Joint (ii) to Commis-

sioner for Director (iva) sionerPublic of Public for PublicInstruction Instruction Instruction

(Mid dayMeals)Commis- (v) to Governmentsioner for (viii)PublicInstruction

Office of District Deputy Director of Public Instruction(Administration)

Superintendent Commis- Deputy (ii) to Divisionalsioner for Director (iva) JointPublic of Public Director ofInstruction Instruction Public


First Division Divisional District (ii) to DivisionalAssistant and Joint Deputy (iva) JointStenographer Director Director Director of

of Public of Public PublicInstruction Instruction Instruction

Divisional (v) to Commis-Joint (viii) sioner forDirector Publicof Public InstructionInstruction

514

1 2 3 4 5Second Deputy Gazetted (ii) to DeputyDivision Director Assistant (iva) Director ofAssistant, Typist of Public PublicClerk cum Typist Instruction Instruction

Deputy (ii) to DivisionalDirector of (iva) JointPublic Director ofInstruction Public

InstructionDrivers Deputy Gazetted (ii) to Deputy

Director Assistant (iva) Directorof Public of PublicInstruction Instruction

Deputy (ii) to DivisionalDirector of (viii) JointPublic Director ofInstruction Public

InstructionOffice of the Block Education OfficerSuperintendent Commis- Deputy (ii) to Divisional

sioner for Director (iva) JointPublic of Public Director ofInstruction Instruction Public


First Division Divisional Block (ii) to DeputyAssistant Joint Education (iva) Director of

Director Officer Publicof Public InstructionInstruction

515

Joint (v) to Commis-Director (viii) sioner forof Public PublicInstruction Instruction

Second Division Deputy Block (ii) to DeputyAssistant, Director Education (iva) Director ofClerk cum Typist/ of Public Officer PublicTypist Instruction Instruction

Deputy (v) to DivisionalDirector (viii) Jointof Public Director ofInstruction Public

Instruction

Drivers Deputy Block (ii) to DeputyDirector Education (iva) Director ofof Public Officer PublicInstruction Instruction

Deputy (v) to DivisionalDirector (viii) Jointof Public Director ofInstruction Public

InstructionOffice of the Government High Schools

First Division Divisional Head (ii) DistrictAssistant Joint Master Deputy

Director Director ofof Public PublicInstruction Instruction

District (iii) to DivisionalDeputy (iva) JointDirector of Director ofPublic PublicInstruction Instruction

1 2 3 4 5

516

1 2 3 4 5

Divisional (v) to Commis-Joint (viii) sioner forDirector Publicof Public InstructionInstruction

Second Division Deputy Head (ii) DistrictAssistant, Director Master DeputyClerk cum of Public Director ofTypist Instruction Public

InstructionDeputy (iii) to DivisionalDirector (viii) Jointof Public Director ofInstruction Public

InstructionSuperintendent Commi- Director of (ii) to Commis-

sioner Public (iva) sionerfor Public Instruction for PublicInstruction Instruction

Directorof StateEducationalResearch& TrainingCommis- (v) to Governmentsioner for (viii)PublicInstruction

First Division Commis- Director (ii) to Commis-Assistant sioner of Public (iva) sionerStenographer for Instruction for Public

Public InstructionInstruction

517

1 2 3 4 5Directorof StateEducationalResearch &TrainingCommis- (v) to Governmentsioner (viii)for PublicInstruction

Second Division Commis- Joint (ii) to Director ofAssistant, sioner Director (iva) PublicTypist, Clerk for Public of Public Instructioncum Typist Instruction Instruction (Director of

StateEducationalResearch andTraining)

Directorof StateEducationalResearch &TrainingCommis- (v) to Governmentsioner (viii)for PublicInstruction

Drivers Commis- Joint (ii) to Commis-sioner Director (iva) sioner forfor Public of Public PublicInstruction Instruction, Instruction

DSERTCommis- (v) to Governmentsioner for (viii)PublicInstruction

518

Office of the College of Teachers Education Mysore, Mangalore,Chitradurga, Belgaum, Jamakhandi, Gulbarga:-

First Division Director of Principal (ii) to JointAssistant Public (iva) Director ofStenographer, Instruction Publicand Second Director of Instruction-Division State Director ofAssistant, Educational StateTypist, Clerk Research & Educationalcum Typist Training Research

and TrainingDirector of (v) to Commis-Public (viii) sioner forInstruction Public

InstructionOffice of the Principal District Institute of Education andTraining in the StateSuperintendent, Commis- Principal (ii) to DivisionalAccountants sioner (iva) Joint

for Public Director ofInstruction Public


First Division Director Principal (ii) to DivisionalAssistant, of Public (iva) JointStenographer Instruction Director of

(Director of PublicState InstructionEducationalResearch &Training)

1 2 3 4 5

519

1 2 3 4 5

Director (v) to Commis-of Public (viii) sioner forInstruction Public(Director Instructionof StateEducationalResearch &Training)

Second Division Director of Principal (ii) to Director ofAssistant, Typist Public (iva) PublicClerk cum Instruction InstructionTypist (Director (Director of

of State StateEducational EducationalResearch & Research &Training) Training)

Director (v) to Commis-of Public (viii) sioner forInstruction Public(Director Instructionof StateEducationalResearch &Training)

Drivers Director Principal (ii) to Director ofof Public (iva) PublicInstruction Instruction(Director (Director ofof State StateEducational EducationalResearch & Research &Training) Training

520

Director of (v) to Commis-Public (viii) sioner forInstruction Public(Director of InstructionStateEducationalResearch &Training)

Director of State Educational Research & TrainingOffice of the Government Teachers Training InstitutionsFirst Division Director Teachers (ii) DeputyAssistant of Public Training Director of

Instruction Institutions Public(Director Principal Instructionof State (Director ofEducational StateResearch & EducationalTraining Research &

Training)Deputy (ii) to JointDirector (iva) Director ofof Pubic PublicInstruction Instruction

Director of (v) to Commis-Public (viii) sioner forInstruction Pubic(Director of InstructionStateEducationalResearch &Training)

1 2 3 4 5

521

1 2 3 4 5Second Division Director Principal (ii) DeputyAssistant, of Public Teachers DirectorClerk cum Instruction Training of PublicTypist (Director Institutions Instruction

of State (Director ofEducational StateResearch & EducationalTraining Research &

Training)

Director (iii) to Commis-of Public (viii) sioner forInstruction Pubic(Director of Instruction"StateEducationalResearch &Training)

3. Amendment of Schedule-III.- In Schedule III to the saidrules, for the entries under the heading "Department of PublicInstructions" the following entries shall be substituted, namely:-

1 2 3 4 5Office of the Commissioner of Public Instructions BangaloreAll Class-IV Joint Senior (i) to JointPosts Director Assistant (iva) Director of

of Public Director PublicInstruction of Public Instruction(Adm) Instruction (Adm)

(Adm)Joint (v) to Commis-Director (viii) sioner forof Public PublicInstruction Instruction(Adm)

522

1 2 3 4 5Office of the Chief Medical Instructor of SchoolsAll Class-IV Joint Chief (i) to JointPosts Director Medical (iva) Director of

of Public Instructor PublicInstruction Instruction(Adm)

Joint (v) to Commis-Director (viii) sioner forof Public PublicInstruction Instruction(Adm)

Office of the Sanskrit College in Mysore and BangaloreAll Class-IV Joint Senior (i) to JointPosts Director Assistant (iva) Director of

of Public Director of PublicInstruction Public Instruction(Adm) Instruction (Adm)


Office of the Karnataka Secondary, Education Examination Board,BangaloreAll Class-IV Joint Senior (i) to SecretaryPosts Director Assistant (iva) Karnataka

of Public Director SecondaryInstruction of Public Education(Adm) Instruction Examination

Karnataka BoardSecondaryEducationalExaminationBoard

523

1 2 3 4 5

Secretary (v) to Director ofKarnataka (viii) PublicSecondary InstructionEducation (Exami-Examination nations) &Board Director of

PublicInstruction(OtherExamina-tions)

Office of the Joint Director of Public Instructions in DivisionOfficesAll Class-IV Divisional Gazetted (i) to JointPosts Joint Assistant (iva) Director of

Director Publicof Public InstructionInstruction

Joint (i) to Commis-Director (viii) sioner forof Public PublicInstruction Instruction

Office of the Deputy Director of Public Instructions

All Class-IV Deputy Gazetted (i) to DeputyPosts Director of Assistant (iva) Director of

Public PublicInstruction Instruction

Deputy (v) to JointDirector of (viii) Director ofPublic PublicInstruction Instruction

524

1 2 3 4 5Office of the Block Educational Officer

All Class-IV Block Block (i) to Deputyposts Educational Educational (viii) Director

Officer Officer of PublicInstruction

Office of the SIRIC BangaloreAll Class-IV Joint Chief (i) to SeniorPosts Director Librarian (iva) Assistant

of Public Director ofInstruction Public(Adm) Instruction


Office of the Head Master Government High SchoolsAll Class-IV Block Head (i) to BlockPosts Educational Master (iva) Educational

Officer OfficerBlock (v) to DeputyEducational (viii) DirectorOfficer of Public

InstructionOffice of the Director of Text Books BangaloreAll Class-IV Deputy Deputy (i) to Director,Posts Director Director (viii) Director of

of Public of Public StateInstruction Instruction Educational(Text (Text Books) Research andBooks) Training

525

1 2 3 4 5

Office of the Director of State Educational Research and Training,BangaloreAll Class-IV Director, Deputy (i) to Director ofPosts Director Director (iva) Public

of State of Public InstructionEduca- Instruction Director oftional StateResearch Educationaland Research &Training Training

Director (v) to Commis-of Public (viii) sioner forInstruction Public

InstructionDirector ofStateEducationalResearch &Training

Office of the College of Teachers EducationsAll Class-IV Principal Principal (i) to Director ofPosts College of College of (viii) Public

Teachers Teachers InstructionEducations Educations Director of

StateEducationalResearch &Training

Office of the District Institution of Education and TrainingAll Class-IV Principals Principal (i) to Director ofPosts District District (viii) Public

Institute Institute Instructionof Educa- of Educa- Director oftion and tion and StateTraining Training Educational

Research &Training

526

1 2 3 4 5Office of the Teachers Training Institutes (TTI.s)

All Class-IV Joint Principal (i) to BlockPosts Director (iva) Educational

of Public OfficerInstruction(Director ofStateEducationalResearch &Training)

Joint (v) to Director ofDirector (viii) Publicof Public InstructionInstruction (Director of(Director Stateof State EducationalEducational Research &Research & TrainingTraining)

By Order and in the name of theGovernor of Karnataka

K.L. JAYARAMUnder Secretary to Government-2,

Department of Personnel and AdministrativeReforms (Service Rules).

527


Notification No. DPAR 29 SDE 2002, Bangalore,Dated 4th February 2003

In exercise of the powers conferred by sub-rule (1) of rule 10 ofthe Karnataka Civil Services (Classification, Control and Appeal) Rules1957, the Government of Karnataka hereby empowers the Commissionerfor Public Instructions to place under suspension Group 'A' Junior ScaleOfficers of the Department of Public Instructions and the Principals ofthe Composite Pre-University Colleges.




KGD 27-02-2003

528


Notification No. DPAR 1 SDE 2003, Bangalore,Dated 16th August 2003

Whereas the draft of the following rules further to amend theKarnataka Civil Services (Classification, Control and Appeal) Rules,1957, was published as required by clause (a), sub-section (2) of section3 of the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of1990) in Notification No. DPAR 01 SDE 2003, dated 30-6-2003 inPart-IVA (P.R. No. 760) of the Karnataka Gazette dated 5-7-2003inviting objections and suggestions from all persons likely to be affectedthereby within fifteen days from the date of its publication in the OfficialGazette.

Whereas, the said Gazette was made available to the public on5-7-2003.


Now, therefore, in exercise of the powers conferred by sub-section(1) of Section 3 read with section 8 of the Karnataka State Civil ServicesAct, 1978 (Karnataka Act 14 of 1990) the Government of Karnatakahereby makes the following rules, namely:-

Rules

1. Title and Commencement:- (1) These rules may be calledthe Karnataka Civil Services (Classification, Control and Appeal) (TwelfthAmendment) Rules, 2003.

(2) These rules shall be deemed to have come into force witheffect from 20th August, 2002.

2. Amendment of rule 9:- In rule 9 of the Karnataka CivilServices (Classification, Control and Appeal) Rules 1957, in clause (bbb-1) for the letters and figures "Rs. 9580-14200" the letters and figures"Rs. 10620-14960" shall be substituted.


H.R. NAGENDRAUnder Secretary to Government-2,


KGD 26-08-2003

529


Notification No. DPAR 9 SDE 2003, Bangalore,Dated 13th November, 2003

Whereas the draft of the following rules further to amend theKarnataka Civil Services (Classification, Control and Appeal) Rules,1957, was published as required by clause (a), sub-section (2) of section3 of the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of1990) in Notification No. DPAR 9 SDE 2003, dated 21-7-2003 inPart-IVA (P.R. No. 838) of the Karnataka Gazette dated 22-7-2003inviting objections and suggestions from all persons likely to be affectedthereby within fifteen days from the date of its publication in the OfficialGazette.

Whereas, the said Gazette was made available to the public on22nd July, 2003.

And whereas no objections and suggestions have been receivedin this behalf have been considered by the State Government.

Now, therefore, in exercise of the powers conferred by sub-section(1) of Section 3 read with section 8 of the Karnataka State Civil ServicesAct, 1978 (Karnataka Act 14 of 1990) the Government of Karnatakahereby makes the following rules, namely:-

Rules

1. Title and Commencement:- (1) These rules may be calledthe Karnataka Civil Services (Classification, Control and Appeal)(Thirteenth Amendment) Rules, 2003.

(2) They shall come into force from the date of their publicationin the Official Gazette.

2. Amendment of rule 9:- In rule 9 of the Karnataka CivilServices (Classification, Control and Appeal) Rules 1957, (hereinaftetreferred to as the said rules) in sub-rule (2), in clause (b) sub-clause (i)shall be omitted.

3. Amendment of Rule 10:- In rule 10 of the said rules, forsub-rule (8) (ii) the following shall be substituted.

KGD 11-12-2003

530

(ii) Tahsildar Gr-II. Principal Secretary / Secretary toGovernment, Revenue Department.

4. Amendment of Schedule II:- In Schedule II to the saidrules, for the entries under the heading "Revenue Department", thefollowing shall be substituted, namely:-

Deputy Deputy Assistant Commissioner/ (ii), (iii) DeputyTahsildars Commis- Head Quarters Assistant (iii-a) & Commis-and sioner to Deputy commissioner (iv) sionerSheris- (in respect of staff oftedars Deputy Commissioner's

Office).Deputy Commissioner (iva) Govern-

and ment(v) to (viii)

All other Deputy 1. Tahsildar (ii), (iii) AssistantGroup-C Commis- 2. Office Assistant (iiia) & Commis-posts sioner to Deputy Commissioner (iv) sioner/

(Administration) (in Headrespect of the staff Quartersof the office of the AssistantDeputy Commissioner to

DeputyCommis-sioner

3. Assistant Commissioner (ii) to Deputy(iva) Commis-

sioner4. Head Quarters Assistant (ii) to Deputy

Commissioner (in (iva) Commis-respect of staff of sionerDeputy Commissioner'sOffice)

5. Deputy Commissioner (v) to Govern-(viii) ment

6. Special Deputy (v) to Govern-Commissioner (viii) ment

531

5. Amendment of Schedule III:- In Schedule III to the saidrules for the entries under the heading "Revenue Department" thefollowing entries shall be substituted, namely:-

All Deputy Tahsildar Special (i) to AssistantGroup-D Commis- Tahsildar (iva) Commis-Posts sioner sioner

SpecialAssistantCommis-sioner

Deputy Commissioner (i) to Govern-(viii) ment

Special Deputy (i) to Govern-Commissioner (viii) ment




532


Notification No. DPAR 21 SDE 2003 (1), Bangalore,Dated 1st January 2004

In exercise of the powers conferred by sub-rule (1) of rule 10 ofthe Karnataka Civil Services (Classification, Control and Appeal) Rules1957, the Government of Karnataka hereby amends NotificationNo. DPAR 11 SDE 2002 (1) Dated 19-6-2002 published in the KarnatakaGazette Extraordinary No. 901, dated 19-6-2002, namely:-

In the Notification No. DPAR 11 SDE 2002 (1) dated 19-6-2002,in the Table-II after the entries relating to serial No. 15, the followingshall be inserted:

"(16) Superintendent, SDS Tuberculosis and Chest DiseasesHospital, Hosur Road, Bangalore.

(17) Principal, Mysore Medical College, Mysore.

(18) Principal, Rajiv Gandhi Chest Diseases Hospital, Bangalore".




533


Notification No. DPAR 21 SDE 2003 (II), Bangalore,Dated 20th February 2004

Whereas the draft of the following rules further to amend theKarnataka Civil Services (Classification, Control and Appeal) Rules,1957, was published as required by clause (a), sub-section (2) of section3 of the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of1990) in Notification No. DPAR 21 SDE 2003 (II) dated 1-1-2004 inPart-IVA (P.R. No. 10) of the Karnataka Gazette dated 6-1-2004 invitingobjections and suggestions from all persons likely to be affected therebywithin fifteen days from the date of its publication in the Official Gazette.

Whereas, the said Gazette was made available to the public on6-1-2004.

Now, therefore, in exercise of the powers conferred by sub-section(1) of section 3 read with section 8 of the Karnataka State Civil ServicesAct, 1978 (Karnataka Act 14 of 1990), the Government of Karnatakahereby makes the following Rules, namely:-

Rules1. Title and Commencement:- (1) These rules may be called

the Karnataka Civil Services (Classification, Control and Appeal) (FourthAmendment) Rules, 2003.

(2) They shall come into force from the date of their publicationin the Official Gazette.

2. Amendment of rule 9:- In rule 9 of the Karnataka CivilServices (Classification, Control and Appeal) Rules, 1957, under"Explanation" below clause (bbb-3) after the words "Mental Hospital,Dharwad" the following shall be inserted, namely:-

"Superintendent, SDS Tuberculosis and Chest DiseasesHospital, Hosur Road, Bangalore, Principal, Mysore Medical College,Mysore, Principal, Rajiv Gandhi Chest Diseases Hospital, Bangalore".




KGD 21-2-2004

534


Notification No. DPAR 6 SDE 2004, Bangalore,Dated 16th July 2004

In exercise of the powers conferred by sub-rule (1) of rule 10 ofthe Karnataka Civil Services (Classification, Control and Appeal) Rules,1957, read with section 21 of the Karnataka General Clauses Act, 1899(Karnataka Act III of 1899) the Government of Karnataka herebyamends the Notification No. DPAR 29 SDE 2002, dated 4-2-2003,published in part IVA of the Karnataka Gazette dated 27-2-2003 asfollows, namely:-

In the said Notification, the words "and the Principals of theComposite Pre-University Colleges," shall be omitted.


K. RAGHURAM BHANDARYUnder Secretary to Government-2,


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KGD 12-08-2004

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