Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957

[10th December 1957]

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and of all other powers enabling him in this behalf, the Governor of Karnataka hereby makes the following rules, namely:-

PART-I GENERAL

Rule - 1. Short title and commencement, -

(a)      These rules may be called the Karnataka Civil Services (Classification,Control and Appeal) Rules, 1957

(b)      They shall come into force at once.

Rule - 2. Interpretation, -

In these rules, unless the context otherwise requires-

(a)      ?Appointing Authority? in relation to a Government servant means:-

(i)       The authority empowered to make appointments to the Service of which the Government Servant is for the time being a member or to the grade of the Service in which the Government Servant is for the time being included, or

(ii)      The authority empowered to make appointments to the post which the Government Servant for the time being holds, or

(iii)     The authority which appointed the Government Servant to such service, grade or post, as the case may be,- whichever authority is the highest authority;

(b)      ?Commission? means the ?Karnataka Public Service Commission?;

(c)      ?Disciplinary Authority? in relation to the imposition of a penalty on a Government Servant means the authority competent under these rules to impose on him that penalty;

(d)      ?Government Servant? means a person who is a member of the Civil Services of the State of Karnataka or who hold a Civil post in connection with the affairs of the State of State of Karnataka and includes any person whose services are temporarily placed at the disposal of the Government of India, the Government of another State, a local authority, any person or persons whether incorporated or not and also any person in the service of the Central or another State Government or a local or other authority whose services are temporarily placed at the disposal of the Government of Karnataka.

(e)      ?Governor? means the Governor of Karnataka;

[1][xxx]

(f)       ?Schedule? mean the Schedules to these rules;

(g)      ?Service? means a civil service of the State;

Rule - 3. Application, -

(1)     These rules apply to all Government Servants except:-

(a)      [2][Persons employed in any Industrial undertaking of the Government other than the Government Central Press, Bangalore and other Divisional, District Presses, Stationary Depots and Book Depots to whom the provisions of the Industrial Employment (Standing Orders) Act, 1946 (Central Act XX of 1946), are applicable.][3]

(b)      Persons in casual employment;

(c)      Persons subject to discharge from service on less than one month?s notice;

(d)      Persons for whose appointment and other matters covered by these rules, special provisions are made by or under any law for the time being in force, or in any contract, in regard to the matters covered by such law or such contract; and

(e)      Members of the All India Services.

(2)     Notwithstanding anything contained in sub-rule (1), these rules shall apply to other Government Servants temporarily transferred to a service or post coming within exception (a) or (d) in sub-rule (1) to whom, but for such transfer, these rules would apply.

(3)     Notwithstanding anything contained in sub-rule (1), the Governor may, by notification published in the Official Gazette, exclude, from the operation of all or any of these rules, the holder of any post or the holders of any class of posts to whom the Governor shall declare that the rules cannot suitably be applied and such rules shall there upon, to the extent of such exclusion, cease to apply;

Provided that no such declaration shall be made in respect of a holder of a pensionable post or a whole time permanent post.

(4)     If any doubt arises ?

(a)      As to whether these rules apply to any person; and

(b)      As to whether any person to whom these rules apply belongs to be a particular service, or as to which service of two or more services such person belongs, the matter shall be referred to the Governor, whose decision thereon shall be final.

Rule - 4. Protection of rights and privileges conferred by any law, -

Nothing in these rules shall operate to deprive any Government Servant of any right or privilege to which he is entitled by or under any law for the time being in force.

PART-II CLASSIFICATION

[4][Rule - 5. Classification of Services, -

(1)     The Civil Services of the State of Karnataka shall be 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 grades may be included in different groups.

(3)     [5]In the State Civil Services

(a)      Group ?A? shall consist of posts carrying the scale of pay of Rupees 52650-1250-53900-1450-62600-1650-72500-1900-83900-2200-97100 and above;

(b)      Group ?B? shall consist of posts carrying the scale of pay of Rupees 40900-1100-46400-1250-53900-1450-62600-1650-72500-1900-78200 and above, but below the scale of pay of Rupees 52650-1250-53900-1450-62600-1650-72500-1900-83900-2200-97100

(c)      Group ?C? shall consist of posts carrying the scale of pay of Rupees 21400- 500-22400-550-24600-600-27000-650-29600-750-32600-850-36000-950- 39800-1100-42000 and above, but below the scale of pay of Rupees 40900- 1100-46400-1250-53900-1450-62600-1650-72500-1900-78200 but other thanthe posts specified in Schedule-IV; and

(d)      Group ?D? shall consist of posts specified in Schedule ? IV and the posts carrying the scale of pay of Rupees 17000-400-18600-450-20400-500-22400- 550-24600-600-27000-650-28950 and above, but below the scale of pay of Rupees 21400-500-22400-550-24600-600-27000-650-29600-750-32600-850- 36000-950-39800-1100-42000

Explanation:- For the purpose of this sub-rule scale of pay means the revised scales of pay specified in respect of various posts in the Karnataka Civil Services (Revised Pay) Rules, 2018 and related orders][6]

Note, - All references to State Civil Services Class I, Class II, Class III and ClassIV in these rules and in all other rules, orders, schedules, notifications, regulations or instructions in force, immediately before the commencement of these Rules, shall be construed as reference to the State Civil Group A, Group B, Group C and Group D respectively and any reference to ?Class or Classes? therein in this context shall be construed as reference to ?Group or Groups? as the case may be.][7]

Rule - 6. Constitution of State Civil Services:-

The State Civil Services Group A and B shall consists of the services and posts specified in Schedule I, II and III.

PART-III APPOINTING AUTHORITIES

Rule - 7. Appointments to State Civil Services:-

(1)     Save as otherwise provided, all first appointments to the State Civil Services Group A and Group B shall be made by the Government.

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

(2)     All first appointments to the State Civil Services Groups C and D shall be made by the authorities mentioned in column 2 of Schedules II and III.[8][xxx]

Part IV ? DISCIPLINE ?PENALTIES

Rule - 8. Nature of penalties, -

[9][One or more of the following penalties][10] for good and sufficient reasons and as hereinafter provided, may be imposed on Government servants, namely, -

(i)       Fine in the case of Government servants belonging to State Civil Services, Group-D;

(ii)      Censure;

(iii)     [11][Withholding of increments;

(a) Withholding of promotion][12]

(iv)    Recovery from pay of the whole or part of any pecuniary loss caused by negligence or breach of orders to the State Government or to the Central Government, any other State Government, any person, body or authority, to whom the service of the Officer had been lent;

[13][Note: The words ?pecuniary loss? shall mean and include interest from the date of causing such loss, at eight percent per annum on the loss caused by the Government Servant.][14]

[15][(iv-a) Reduction to a lower stage in the time scale of pay for a period with a specific direction as to whether or not the Government servant will earn increments of pay during the period of such reduction with reference to the reduced pay or whether the pay shall remain constant and with a further direction whether on the expiry of the period of penalty the reduction will or will not have the effect of postponing the future increments of his pay;][16]

(v)      [17][Reduction to a lower time scale of pay, grade, post or service which shall, unless otherwise directed, be a bar to the promotion of the Government servant to the time scale of pay, 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 service to which the Government servant is reduced.

(b)      Conditions of restoration to the scale of pay grade or post of service from which the Government servant was reduced and his seniority and pay on such restoration to that scale of pay, grade, post or service;][18]

(vi)    Compulsory retirement;

(vii)   Removal from service which shall not be a disqualification for future employment;

(viii)  Dismissal from service which shall ordinarily be a disqualification for future employment.

[19][Provided that in the absence of special and adequate reasons to the contrary to be mentioned in the order of the disciplinary authority, no penalty other than those specified in clauses (vi) to (vii) shall be imposed for an established charge of corruption.][20]

[21][Explanation 1][22], -

[23][For purposes of this proviso the expression ?corruption? shall have the meaning assigned to the expression ?Criminal misconduct by a public servant? in section 13 of the Prevention of Corruption Act, 1988 (Central Act 49 of 1988)][24]

[25][Explanation 2][26], - The following shall not amount to a penalty within the meaning of this rule:-

(i)       Withholding of increments of a Government servant for failure to pass a departmental examination in accordance with the rules or orders governing the Service or post or the terms of his appointment;

(ii)      Stoppage of a Government servant at the efficiency bar in the time scale on the ground of his unfitness to cross the bar;

(iii)     Non-promotion, whether in a substantive or officiating capacity of a Government servant after consideration of his case, to a Service, grade or post for promotion to which he is eligible;

(iv)    Reversion to a lower service, grade or post of a Government servant officiating in a higher service, grade or post on the ground that he is considered, after trial to be unsuitable for such higher service, grade or post or on administrative grounds unconnected with his conduct (such as the return of the permanent incumbent from leave or deputation, availability of a more suitable officer and the like);

(v)      Reversion to his permanent service, grade or post of a Government servant appointed on probation to another service, grade or post during or at the end of the period of probation in accordance with the terms of his appointment or the rules and orders governing probation;

(vi)    Compulsory retirement of a Government servant in accordance with the provision relating to his superannuation or retirement;

(vii)   Termination of services :-

(a)      Of a person employed under an agreement, in accordance with the terms of such agreement; or

(b)      [27][(b) Of a Government servant appointed in probation, during or at the end of the period of his probation, in accordance with the terms of his appointment or the rules and orders governing such probation; or

(c)      Of a temporary Government servant in accordance with the provisions of sub-rule (1) of rule 5 of the Karnataka State Civil Services (Temporary Services) Rules, 1967][28]

...........................................................................................................................

Rule - 9. Disciplinary Authorities, -

(1)     The Governor may impose any of the penalties specified in rule 8 on any Government servant.

(2)     Without prejudice to the provisions of sub-rule (1) but subject to the provisions of sub - rule (3):-

(i)       [29][xxx][30]

(aa) The Inspector General of Police may impose on Assistant Director, Serologist, Physicist, Toxicologist, Ballistic Expert and Questioned Documents Experts of the Forensic Science Laboratory, Bangalore any of the penalties specified in clauses [31][(iii), (iii-a), (iv) and (iv-a)][32] of rule 8;

(ii)      [33]&[34][(i) Regional Commissioner may impose on Tahsildars and Officers holding equivalent post any of penalties specified in clauses (ii) to (iv-a) of rule 8.]

(ii) The Deputy Commissioners may impose on Tahasildars and Block Development Officers any of the penalties specified in clauses (ii) to (iii-a) of rule 8.][35]

[36][(bb) The Heads of Departments not belonging to the All India Services but who are in the scale of pay [37][90,500-1,23,300][38] and above (or its equivalent as may be revised from time to time) and the Heads of Department belonging to the All India Services may impose on a member of the State Civil Service holding Group - B post or a Group - A post carrying a pay scale of not more than Rupees [39][56,800-99,600][40](or its equivalent as may be revised from time to time) working in their administrative control any of the penalties specified in clauses [41][(ii), (iii), (iii-a), (iv) and (iv-a)]4of rule 8;

(bbb) The Heads of the Department not belonging to the All India Services but who are in the scale of pay of less than Rupees [42][90,500-1,23,300][43] (or its equivalent as may be revised from time to time) and the Heads of Departments belonging to All India Service may impose on a member of the State Civil Service holding a Group-B post working in their administrative control any of the penalties specified in clauses (ii), (iii), (iii-a), (iv) and (iv-a) of rule 8.][44]

[45][(bbb-1) The Commissioner for Health and Family Welfare Services may impose on any Government servant up to and inclusive of the level of Joint Director pay scale of [46][74,400-1,09,600][47](as may be revised from time to time) belonging to the Health and Family Welfare Services any of the penalties specified in clauses (ii), (iii) (iii-a), (iv) and (iv-a) of rule 8;

(bbb-2) The Chief Administrative Officer in the Office of the Director, Medical Education may impose on any Government servant belonging to Medical Education Services Group C and D cadres working in the Office of the Director, Medical Education any of the penalties specified in clauses (i) to (iv-a) of rule 8;

(bbb ? 3) The District offices, Heads of Institutions, Superintendent of Hospitals, Heads of the offices, Principals, D.M.O, Civil Surgeon may impose on any of the Government Servants belonging to Medical Education Services Group ?C? and ?D? cadres working under their administrative control in the Offices, Institutions or Hospitals outside the office of Director, Medical Education any of the penalties specified in clauses (i) to (iv-a) of rule 8;

Explanation: District Officers include Superintendent of Bowring and Lady Curzon Hospital, Victoria Hospital, Vanivilas Hospital and Minto Hospital, Principals of Government Dental College and Bangalore Medical College, Superintendents of K.R.Hospital, Mysore, Cheluvamba Hospital, Mysore, PKTB Hospital, Mysore, CG Hospital, Davanagere, Women and Children Hospital, Davanagere, Government Wenlock Hospital, Mangalore, Lady Goshen Hospital, Mangalore, Superintendent and Mental Hospital, Dharwad][48] [49][Superintendent, SDS Tuberculosis and Chest diseases Hospital, Hosur Road, Bangalore, Principal. Mysore Medical College, Mysore, Principal, Rajiv Gandhi Chest diseases Hospital, Bangalore][50]

(bbb ? 4) The Chief Administrative Officer in the Office of the Director, Health and Family Welfare Services may impose on any of the Government Servants belonging to Health and Family Welfare Services or Public Health Services Group ?c? and ?D? cadres and working under his administrative control in the office of the Director, any of the penalties specified in clauses (i) to (iv-a) of rule 8;

(bbb?5) The District Officers, Heads of Institutions, Superintendents of Hospitals, Heads of Offices, Principals, D.M.O, Civil Surgeon may impose on any of the Government servants belonging to Health and Family Welfare Services or Public Health Services Group ?C? and ?D? cadres and working under their administrative control in the offices outside the Office of the Director, Health and Family Welfare Services any of the penalties specified in clauses (i) to (iv-a) of rule 8;

Explanation: District , Officers shall include District Health and Family Welfare Officer, District Surgeon, Principal, HFWTC, Principal, DTC, Superintendent KCG Hospital, Superintendent, Jayanagar General Hospital, Superintendent, HSIS Gosha Hospital, Superintendent, Chest and TB Hospital.][51]

(iii)     Any of the penalties specified in rule 8 may be imposed on a member of a State Civil Service by the Appointing Authority or the authority specified in the Schedules in this behalf;

(iv)    Any of the penalties specified in rule 8 may also be imposed on members of the State Civil Services Group C and D by the Head of the office in which he is serving except where the Head of that office is lower in rank than the authority competent to impose the penalty under clause (c) ;

[52][Provided that the penalty of fine specified in clause(i) of rule 8 may also be imposed on members of the State Civil Services Class D by Gazetted Officers who are in-charge of the ministerial establishment of the office and other Non-Gazetted Officers who are in charge of such establishments.][53]

(v)      [54][(Any of the penalties specified in rule 8 may be imposed on a member of the State Civil Services Group C and D belonging any department (other than the Karnataka Judicial Department by the Deputy Commissioner of the District in which such member is working and an appeal against the order of the Deputy Commissioner under this clause shall lie to the Head of the Department to which such member belongs.][55]

(vi)    [56][(The Secretaries to Government may impose the penalties specified in clauses (ii), (iii) and (iii-a) of rule 8 on a member of the Karnataka Secretariat Service Group B working under their administrative control.][57]

(vii)   [58][The Chief Executive Officer of the Zilla Panchayat may impose any of the penalties specified in clause (ii) to (iii-a) of rule 8 on any employee of the State Civil Services belonging to Group ? B of any department (other than Karnataka Judicial Department) and also may impose penalties specified in clauses (i) to (iv-a) of rule 8 on an employee of the State Civil Services belonging to Group C and Group D of any department (other than Karnataka Judicial Department) working within the jurisdiction of the ZillaPanchayat, TalukPanchayat and Gram Panchayat of the District. An appeal against the order of the Chief Executive Officer shall lie to the Head of the Department to which such employee belongs.][59]

(2A) Without prejudice to sub-rule (1) and subject to sub-rule (3) where a Government servant who is a member of any class or grade of a State Service (hereinafter in this sub-rule referred to as the ?parent service?) is deputed for service of any class or grade of another State Service (hereinafter in this sub-rule referred to as the ?deputed service?) the authority which appointed him in the class or grade of the deputed service shall have the powers of the Appointing Authority for placing him under suspension and of the Disciplinary Authority for the purpose of taking a disciplinary proceedings against him;

?Provided that the authority which appointed in the deputed service shall as soon as possible inform the appointing authority in the parent service the circumstances leading to the order of his suspension or the commencement of the disciplinary proceedings, as the case may be.?

(3)     Notwithstanding anything contained in this rule, no penalty specified in clauses (v) to (viii) of rule 8 shall be imposed by any authority lower than the Appointing Authority.

Rule - 10. Suspension, -

(1)     The Appointing Authority or any authority to which it is sub-ordinate or any other authority empowered by the Government in this behalf may place a Government servant under suspension.

(a)      [60][Where there is prima facie evidence to show that he was caught red- handed while accepting gratification other than legal remuneration by the persons authorized to investigate under the provisions of the Prevention of Corruption Act, 1988 or under any other law;

[61][(aa) Where there is prima facie evidence to show that he was found in possession or had at any time during the discharge of his official duty been in possession of pecuniary resources or property disproportionate to known source of income, by the persons authorized to investigate offences under the Prevention of Corruption Act, 1988 or under any other law.][62]

(b)      Where a charge sheet is filed before competent court against him for any offence involving moral turpitude committed in the course of his duty; or

(c)      Where a charge sheet is filed before the competent court against him on charges of corruption, embezzlement or criminal misappropriation of Government money;

(d)      Where there is prima facie evidence of gross dereliction of duty against him.][63]

[64][?Provided that, where the order of suspension is made by an authority empowered by Government in this behalf which is lower than the appointingauthority, such authority shall forthwith report to the appointing authority the circumstances in which the order was made.][65]

(2)     [66][(A Government servant shall be deemed to have been placed under suspension by an order of appointing authority ?

(a)      with effect from the date of his detention, if he is detained in custody, whether on a criminal charge or otherwise for a period exceeding forty-eight hours;

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

Explanation, - The period of forty-eight hours referred to in clause (b) of these sub-rule shall be computed from the commencement of the imprisonment after the conviction and for this purpose, intermittent periods of imprisonment if any, shall be taken into account.][67]

(3)     [68][The authority competent to place a Government servant under suspension shall examine the relevant material relating to the case and consider whether there is prima facie evidence to support the charges made against the Government servant and if it is satisfied on such examination that prima facie evidence exists, it may place the Government servant concerned under suspension.][69]

(4)     [70][xxx][71]

(5)     [72]&[73][(a) Subject to sub-rule (3), where a competent authority in an organization authorized to investigate cases against Government servants under the provisions of the Prevention of Corruption Act, 1988 (Central Act No.49 of 1988) or the, Karnataka Lokayukta Act, 1984 (Karnataka Act 4 of 1985) finds during investigation that there is a prima facie evidence against a Government servant and recommends that he may be placed under suspension, the authority competent to place such a Government servant under suspension may place him under suspension.

(b) If departmental inquiry is not commenced against the delinquent Government Servant or charge sheet is not filed in the court within a period of six months from suspension, the competent authority shall decide whether to revoke or continue suspension of such Government Servant and unless decided and ordered for continuation within this period, the suspension shall be deemed to have been revoked i.e., from the date of completion of a period of six months from the date of suspension.Upon such revocation of the order of his suspension, it shall be the duty of the Government servant to immediately seek order of posting from the Appointing Authority, failing which he shall be deemed to be on unauthorized absence with effect from the date of revocation of the order of his suspension.][74]

Provided that authority competent to place a Government Servant under Suspension may extend the period of suspension beyond the period specified in this clause, only after consulting, within the said period, with the authority referred in clause (a) only if such authority recommends extension within the said period.otherwise, the order placing the Government Servant under suspension shall stand revoked automatically under this clause.[75]

(6)     [76][xxx][77]

[78][Note: on revocation of suspension, the Government Servant shall not be posted to the same place/post from which he was suspended][79]

(7)     [80][xxx][81]

(8)     Notwithstanding anything contained in sub-rule (1) the following authorities my impose suspension pending inquiry, as hereunder:-

(1)     Asst. Commissioner of Sub-Divisions are delegated the power of suspension of Village Accountants under rule 10(1) vide Notification No. GAD 4 SSR 73, Dated:23rd June 1973

(2)     Deputy Commissioners are delegated power of suspension of Group C Group D service of all State Civil Services except the Karnataka Judicial Service working in the district under the immediate administrative control of any officer who does not have jurisdiction beyond the limits of the district vide Notification No. DPAR 24 SSR 75, Dated:11.12.1975

(a)      [84][(a) The Chief Executive Officers of the ZillaPanchayats are delegated the power to place under suspension a Member of the State Civil Services belonging to Group C and Group D of any department (other than Karnataka Judicial Department) working in the jurisdiction of the ZillaPanchayat, TalukPanchayat and GramaPanchayat of the district.][85]

(3)     Divisional Joint Directors of Agriculture are delegated power of suspension of gramasevakas vide GAD 37 SSR 76, Dated 4th August 1976.

(4)     Secretaries to Government are delegated the power of suspension of Group C and D officials of the Karnataka Secretariat Service working under their administrative control vide Notification No. DPAR 34 SSR 74, Dated 3rd September 76.

(5)     Major Head of Departments specified in Appendix I of KCSR are empowered to suspend Group B officers vide Notification No. DPAR 34 SSR 74, Dated 3rd September 76.

(6)     [86][Secretary to Government, Department of Personnel and Administrative Reforms is empowered to suspend all Group ?C? and Group ?D? officials belonging to the Karnataka Government Secretariat Service.][87]

(7)     [88][All Additional Secretaries, Joint Secretaries and Deputy Secretaries to Government are empowered to place under suspension any Government servant belonging to Karnataka Government Secretariat Service holding Group ?C? or ?D? post and working under their control.][89]

(8)     [90][The Commissioner for Health and Family Welfare Service is empowered to place under suspension the General Duty Medical Officers.][91]

(9)     [92][(Commissioner for Public Instructions is empowered to place under suspension Group ?A? Junior scale officers of the Department of Public Instructions.][93]

[94][xxx][95]

(10)   [96][[(a)(The Commissioner for Health and Family Welfare Services is empowered to place under suspension any Government servant holding a post carrying a scale of pay upto and inclusive of the scale of pay of 18[Rs. 74,400-1,09,600]18 (as may be revised from time to time) belonging to the Health and Family Welfare Department Services; and][97]

[98][(b) Deputy Commissioner of Excise at District level and Joint Commissioner of Excise (Enforcement and Intelligence) at the Divisional level and Joint Commissioner of Excise (State Excise Intelligence Bureau) at the State level are empowered to place under suspension any Group ?C? and ?D? official working under their administrative control.][99]

[100][(c) Technical Assistants to the Deputy Commissioner and Ex-Officio Deputy Directors of Land Records are empowered to place under suspension any Group ?C? and ?D? Official working under their respective administrative control][101]; and

[102][(d) The Secretary Kalyana Karnataka Regional Development Board and ex-officio Secretary to Government, Planning, Programme Monitoring and Statistics Department are empowered to place under suspension a Government Servant belonging to Group B, C and D of any Department coming under the Jurisdiction of the Kalyana Karnataka Regional Development Board.]

?[103][(e) Empowers the officers specified in Table I and II below 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

Table ? II

Department of Medical Education

[106][Rule - 10A. Authority to institute proceedings, -

(1)     The Governor or any other authority empowered by him by general or special order may, -

(a)      institute disciplinary proceedings against any Government servant;

(b)      direct a Disciplinary Authority to institute disciplinary proceedings against any Government servant on whom that Disciplinary authority is competent to impose under these rules any of the penalties specified in rule 8

(2)     A Disciplinary Authority competent under these rules to impose any of the penalties specified in clauses (i) to (iv-a) of rule 8 may institute disciplinary proceedings against any Government servant for the imposition of any of the penalties specified in clauses (v) to (viii) of rule 8 notwithstanding that such disciplinary authority is not competent under these rules to impose any of the latter penalties.][107]

[108][Rule - 11. Procedure for imposing major penalties, -

(1)     No order imposing any of the penalties specified in clauses (v) to (viii) of rule 8 shall be made except after an inquiry held, as far as may be, in the manner provided in this rule and rule 11A.

(2)     Whenever the Disciplinary Authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehavior against a Government servant, it may itself inquire into or appoint under this rule an authority to inquire into the truth thereof.

[109]&[110][Proviso-xxx][111]&[112]

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

(3)     Where it is proposed to hold an inquiry against a Government servant under this rule and rule 11A, the Disciplinary Authority shall draw up or cause to be drawn up.-

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

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

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

(b)      a list of documents by which and list of witnesses by whom the article of charges are proposed to be sustained.

(4)     The Disciplinary Authority shall deliver or cause to be delivered to the Government servant a copy of the article of charges, the statement of imputations of misconduct or misbehavior and a list of documents and witnesses by which each article of charge is proposed to be sustained and shall require the Government servant to submit within such time as may be specified a written statement of his defence and to state whether he desires to be heard in person.

(5)     (a) On receipt of the written statement of defence the Disciplinary Authority may itself inquire into such of the articles of charge as are not 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 of charge have been admitted by the Government servant in his written statement of defence, the Disciplinary Authority shall record its findings on each charge after taking such evidence as it may think fit and shall act in the manner laid down in rule 11A.

(b) If no written statement of defence is submitted by the Government servant, the Disciplinary Authority may itself inquire into the article of charge or may if it consider it necessary to do so, appoint under sub-rule (2) an Inquiry Authority for the purpose.

(c) Where the Disciplinary Authority itself inquires into any articles of charge or appoints an Inquiring Authority for holding an inquiry into such charge it may by an order, appoint a Government servant or a legal practitioner to be known as ?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 Inquiring Authority, forward tothe Inquiring Authority, -

(i)       a copy of the article of charge and the statement of imputations of misconduct or misbehavior;

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

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

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

(v)      a copy of the order appointing the ?Presenting Officer?

[113], [114]&[115][Proviso xxx][116],[117]&[118]

(7)     The Government Servant shall appear in person before the Inquiring Authority on such day and at such time within ten working days from the date of receipt by him of the article of charge and the statement of the imputations of misconduct or misbehavior, as the Inquiring Authority may, by a notice in writing specify in this behalf or within such further time, not exceeding ten days, as the Inquiring Authority may allow.

(8)     The Government servant may take the assistance of any other Government servant [119][or a retired Government servant]6 to present the case on his behalf, but may not engage a legal practitioner for the purpose unless the Presenting Officer appointed by the Disciplinary Authority is a legal practitioner or the Disciplinary Authority having regard to the circumstances of the case, so permits.

[120][Provided that if the retired Government servant is also a legal practitioner, the Government servant shall not engage such person unless the Presenting Officer appointed by the Disciplinary Authority is a legal practitioner or the Disciplinary Authority having regard to the Circumstances of the case, so permits.][121]

(9)     If the Government servant who has not admitted any of the article of charge in his written statement of defence or has not submitted any written statements of defence, appears before the Inquiring Authority, such authority shall ask him whether he is guilty or has any defence 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 obtain the signature of the Government servant thereon.

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

(11)   The Inquiring Authority shall, if the Government servant fails to appear within the specified time or refuses or omits to plead require the Presenting Officer to produce the evidence by which he proposes to prove the article of charge and shall adjourn the case to a later date not exceeding thirty days after recording an order that the Government servant may, for the purpose of preparing his defence;

(i)       inspect within five days of the order or within such further time not exceeding five days as the Inquiring Authority may allow, the documents 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 to inspect and take extracts of the statements, if any, of witnesses mentioned in the list referred to in sub rule (3) and the Inquiring Authority shall permit him to take such extracts as early as possible and in any case not later than three days before the commencement of the examination of the witnesses on behalf of the Disciplinary Authority.

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

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

(12)   The Inquiring Authority shall, on receipt of the notice for the discovery or production of documents, forward the same or copies thereof to the authority in whose custody or possession the documents are kept, with a requisition for the production of the documents by such date as may be specified in such requisition:

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

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

Provided that if the authority having the custody or possession of the requisitioned documents is satisfied for reasons to be recorded by it in writing that the production of all or any of such documents would be against the public interest or security of the State, it shall inform the Inquiring Authority accordingly and the Inquiring Authority shall, on being so informed, communicate the information to the Government servant and withdraw the requisition made by it for the production or discovery of such documents.

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

(15)   If it shall appear necessary before the close of the case on behalf of the Disciplinary Authority, the Inquiring Authority may, in its discretion, allow the Presenting Officer to produce evidence not included in the list given to the Government servant or may itself call for new evidence or recall and re-examine any witness and in such case the Government servant shall be entitled to have, if he demands it, a copy of the list of further evidence proposed to be produced and an adjournment of the inquiry for three clear days before the production of such new evidence, exclusive of the day of adjournment and day to which the inquiry is adjourned. The Inquiring Authority shall give the Government servant an opportunity of inspecting such documents before they are taken on the record. The Inquiring Authority may also allow the Government servant to produce new evidence, if it is of the opinion that the production of such evidence is necessary in the interests of justice.

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

(16)   When the case for the Disciplinary Authority is closed, the Government servant shall be required to state his defence, orally or in writing as he may prefer. If the defence is made orally, it shall be recorded and the Government servant shall be required to sign the record. In either case a copy of the statement of defence shall be given to the Presenting Officer, if any, appointed.

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

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

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

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

(21)   (a) Where a Disciplinary Authority competent to impose any of the penalties specified in clauses (i) to (iv-a) of rule 8 but not competent to 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 any charge and that authority having regard to its own findings or having regard to its decision on any of the findings of any Inquiring Authority appointed 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 authority shall forward the records of the inquiry to such Disciplinary Authority as is competent to impose the last mentioned penalties.

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

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

Provided that if the succeeding Inquiring Authority is of the opinion that further examination of any witnesses whose evidence has already been recorded is necessary in the interest of justice, it may recall, examine, cross examine and re-examine any such witnesses as herein before provided.

[122][(22A) Notwithstanding anything contained in these rules, where a Government servant facing a disciplinary proceeding is transferred, deputed or otherwise posted out of jurisdiction of the disciplinary authority which initiated such disciplinary proceeding, the same authority shall continue and conclude or cause to be continued and concluded the inquiry into the articles of charges against such Government servant in accordance with these rules and forward the entire record of the proceedings to the disciplinary authority within whose jurisdiction the Government servant is presently working and the latter Disciplinary Authority may on the evidence on record or if it is of the opinion that further examination of any of the witnesses is? necessary in the interest of justice, recall the witness, examine, cross examine or re-examine the witness and pass such order as it deems fit, in accordance with these rules.][123]

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

a)        the articles of charge and the statement of the imputations of misconduct or misbehavior;

b)        the defence of the Government servant in respect of each articles of charge;

c)        an assessment of the evidence in respect of each article of charge;

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

Explanation, - If in the opinion of the Inquiring Authority the proceeding of the inquiry establish any article of charge different from the original articles of the charge, it may record its findings on such article of charge:

Provided that the findings on such article of charge shall not be recorded unless the Government servant has either admitted the facts on which such article of charge is based or has had a reasonable opportunity of defending himself against such article of charge.

(ii) The Inquiring Authority, where it is not itself the Disciplinary Authority shall forward to the Disciplinary Authority the record of inquiry 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

e)        or both during the course of the inquiry; and

f)         the orders, if any made by the Disciplinary Authority and the Inquiring Authority in regard to the inquiry.

...............................................................................................................................

[124][Rule - 11A. Action on the inquiry report, -

(1)     The Disciplinary Authority, if it is not itself the Inquiring Authority may, for reasons to be recorded by it in writing, remit the case to the Inquiring Authority for further inquiry and report and the Inquiring Authority shall thereupon proceed to hold the further inquiry according to the provisions of rule 11 as far as may be.

(2)     The Disciplinary Authority shall, if it disagree with the findings of the Inquiring Authority on any article of charge record its reasons for such dis-agreement and record its own findings on such charge if the evidence on record is sufficient for the purpose.

(3)     If the Disciplinary Authority having regard to its findings, on all or any of the articles of charge is of the opinion that [125][one or more of the penalties specified in rule 8][126] should be imposed on the Government servant, it shall, notwithstanding anything contained in rule 12, make an order imposing such penalty;

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

(4)     [127][xxx][128]][129]

[130][Rule - 12. Procedure for imposing minor penalties, -

(1)     Subject to the provisions of sub-rule (3) of rule 11A, no order imposing on a Government 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 proposal to take action against him and of the imputations of misconduct or misbehavior on which it is proposed to be taken and giving him a reasonable opportunity of making such representation as he may wish to make against the proposal;

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

[131][Provided that no order imposing penalty of withholding increments with cumulative effect shall be made without holding an inquiry in the manner laid in sub-rules (3) to (23) of rule 11.][132]

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

(d)      recording a finding on each imputation of misconduct or misbehavior and

(e)      consulting the Commission where such consultation is necessary.

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

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

(ii)      a copy of the statement of imputations of misconduct or misbehavior 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 finding on each imputation of misconduct or misbehavior; and

(vii)   the orders on the case together with the reasons therefor.][133]

[134][Rule - 12A. Communication of orders, -

Orders made by the Disciplinary Authority shall be communicated to the Government servant who shall also be supplied with a copy of the report of the inquiry, if any, held by the Disciplinary Authority and a copy of its findings on each article of charge or where the Disciplinary Authority is not the Inquiring Authority, a copy of the report of the Inquiring Authority and the statement of the finding of the Disciplinary Authority together with brief reasons for its disagreement, if any, with the findings of the Inquiring Authority (unless they have already been supplied to him) and where the inquiry is held by the [135][Lokayukta or an Upalokayukta][136]under rule 14A, a copy of the findings of the Inquiring Officer with the recommendations of the [137][Lokayukta or an Upalokayukta][138] as the case may be and also a copy of the advice, if any, given by the Commission and where the? Disciplinary Authority has not accepted the advice of the Commission, a brief statement of the reasons for such non ? acceptance.][139]

[140][Provided that it shall not be necessary to supply copies of the said documents where the Disciplinary Authority exonerates the Government servant or where such documents have already been supplied to the Government servant.][141]

Rule - 13. Joint Inquiry, -

(1)     Where two or more Government servants are concerned in any case, the Government or any other authority competent to impose the penalty of dismissal from service on all such Government servants may make an order directing that disciplinary action against all of them may be taken in a common proceeding.

[142][Provided that if the authorities competent to impose the penalty of dismissal on such Government servants are different, an order for taking disciplinary action in a common proceeding may be made by the highest of such authorities with the consent of the others.][143]

(2)     Subject to the provisions of sub-rule (3) of rule 9 any such order shall specify ?

(i)       the authority which may function as the Disciplinary Authority for the purpose of such common proceeding;

(ii)      the penalties specified in rule 8 which such Disciplinary Authority shall be competent to impose; and

(iii)     whether the procedure prescribed in [144][rules 11 and 11A][145] or rule 12 may be followed in the proceeding.

Rule - 14. Special procedure in certain cases, -

Notwithstanding anything contained in [146][rules 11 to 13][147]

(i)       Where a penalty is imposed on a Government servant on the ground of conduct which has led to his conviction on a criminal charge;

(ii)      Where the officer concerned has absconded or where the officer concerned does not take part in the inquiry or where for any reasons to be recorded in writing it is impracticable to communicate with him or where the Disciplinary Authority for reasons to be recorded in writing is satisfied that it is not reasonably practicable to follow the procedure prescribed in the said rules; or

(iii)     Where the Governor is satisfied that in the interest of the security of the State it is not expedient to follow such procedure, The Disciplinary Authority may pass such orders thereon as it deems fit;

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

[148]&[149][xxx][150]&[151]

[152][Rule - 14A. Procedure in cases entrusted to the Lokayukta, -

(1)     The provisions of sub rule (2) shall, notwithstanding anything contained in rule 9 to 11A and 13, be applicable for purposes of proceeding against Government Servants whose alleged misconduct has been investigated into by the Lokayuukta or an Uplokayukta either under the provisions of the Karnataka Lokayukta Act, 1984 or on a reference from Government][153] [154][or where offences alleged against them punishable under the Prevention of Corruption Act, 1947 or the Prevention of Corruption Act, 1988 has been investigated by the Karnataka Lokayukta Police before 21st day of December, 1992.][155]

(2)     [156][(a) Where on investigation into any allegation against

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

(ii)      a member of the State Civil Services Group-A or Group-B and a member of

(iii)     the State Civil Services Group-C or Group-D or

(iv)    a member of the State Civil Services Group-?C? or Group-?D?

[157][The Lokayukta or the Upa-lokayukta or (before the twenty first day of December, 1922) the Inspector General of Police of the Karnataka Lokayukta Police is of the opinion][158]that disciplinary proceedings shall be taken, he shall forward the record of the investigation along with his recommendation to the Government and the Government after examining such record, may either direct an inquiry into the case by the Lokayukta or the Upalokayukta or direct the appropriate Disciplinary Authority to take action in accordance with rule 12.

(b) Where it is proposed to hold an inquiry into a case under clause (a) the enquiry may be conducted either by the Lokayukta or the Upalokayukta, as the sae may be, or an officer on the staff of the Lokayukta authorized by the Lokayukta, or the Upalokayukta to conduct the inquiry;

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

Provided further that an inquiry against a Government Servant not lower in rank than that of a Deputy Commissioner shall not be conducted by any person other than the Lokayukta or the Upalokayukta or an Additional Registrar (Inquiries).

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

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

(d) After the inquiry is completed, the record of the case along with the findings of the Inquiring Officer and the recommendation of the Lokayukta or the Upalokayukta, as the case may be, shall be sent to the Government.

(e) On receipt under clause (d) the Government shall take action in accordance with the provisions of [159][xxx][160] rule 11A and in all such cases the Government shall be the Disciplinary Authority competent to impose any of the penalties specified in rule 8.

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

Explanation, -In this rule, the expressions ?Lokayukta? and ?Upalokayukta? shall respectively have the meaning assigned to them in the Karnataka Lokayukta Act, 1984)]1 [161][and the expression ?Karnataka Lokayukta Police? means the Police Wing established under Section 15 of the Karnataka Lokayukta Act, 1984 and includes, so far as may be, the corresponding establishment under the Karnataka State Vigilance Commission Rules, 1980 and the expression ?Inspector General of Police? shall be construed accordingly.][162]

[163][Rule - 14B. Procedure in case of sexual harassment against women, -

Notwithstanding anything contained in rule 11 to 13, the State level Committee and District level Committees constituted to inquire into the cases of sexual harassment against women in working places after having conducted an enquiry on the Government servant shall submit a report along with details and documents, such report shall be considered by the competent disciplinary authority and keeping in view the nature and gravity of the proved misconduct, any one or more than one punishment specified under rule 8(i) to (viii) shall be imposed. An opportunity of being heard shall be given to the accused before imposing such penalty.

Provided that the commission shall be consulted before passing such order in any case for which such consultation is necessary.][164]

Rule - 15. Provisions regarding lent officers, -

(1)     Where the services of a Government servant are lent to the Central Government, any State Government or to a local or other authority (hereinafter in this rule referred to as ?the borrowing authority?), the borrowing authority shall have the powers of the Appointing Authority for the purpose of placing him under suspension and of the Disciplinary Authority for the purpose of taking a disciplinary proceeding against him;

Provided that the borrowing authority shall not take any disciplinary proceedings against such Government servant or place him under suspension without the prior approval of the lending authority.

(2)     In the light of the findings in the disciplinary proceedings taken against the Government servant-

(i)       if the borrowing authority is of the opinion that any of the penalties specified in clause[165][(i) to (iv-a)][166]of rule 8 should be imposed on him, it may, in consultation with the lending authority, pass such orders on the cases as it deems necessary;

Provided that in the event of a difference of opinion between the borrowing authority and the lending authority the service of the Government servant shall be replaced at the disposed of the lending authority;

(ii)      if the borrowing authority is of the opinion that any of the penalties specified in clauses (v) to (viii) of rule 8 should be imposed on him, it shall replace his services at the disposal of the lending authority and transmit it to the proceedings of the inquiry and thereupon the lending authority may, if it is the Disciplinary Authority pass such orders thereon as it deems necessary or if it is not the Disciplinary Authority submit the case to the Disciplinary Authority which shall pass such orders on the case as it deems necessary;

Provided that in passing any such order the Disciplinary Authority shall comply with the provisions of [167][Rule 11a.][168]

Explanation, - The Disciplinary Authority may make an order under clause (ii) of sub-rule (2) on the record of the inquiry transmitted by the borrowing authority, or after holding such further as it may deem necessary[169][as far as may be in accordance with rule 11.][170]

[171][(2A) notwithstanding anything contained in these rules, -

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

(ii)      the Chief Executive officer of the ZillaPanchayat in respect of, -

(a)      A Government servant holding a Group B post excluding the Government servant referred in clause (i) or a Group C or Group D post whose services are lent to the ZillaPanchayat, TalukPanchayat or GramaPanchayat.

(b)      Any doctor working in a Primary Health Centre who is a member of the Karnataka Directorate of Health and Family Welfare Service; shall have the powers of the Appointing Authority for placing such Government servant under suspension and of the Disciplinary Authority for the purpose of taking a disciplinary proceedings against him and to impose any of penalties specified in clauses (i) to (iv-a) of rule 8 on such Government servant. It shall not be necessary for the Government in Rural Development and Panchayat Raj Department or the Chief Executive Officer of the ZillaPanchayat to get the approval of or to consult the lending authority or the appointing authority as the case may be before placing such Government servant under suspension or imposing on him any of the said penalties.][172]

[173][2B.Notwithstanding anything contained in these rules, -

(i)       the Government in Urban Development Department, in respect of Government servant holding a Group ?A? or ?B? post whose services are lent to City Municipal Corporation by an order issued by the Government in Urban Development Department under the Karnataka Municipal Corporation Act, 1976.

[174][Provided that the Commissioner, Bruhat Bangalore Mahanagara Palike in respect of a Government servant holding a Group ?B? , Group ?C? or Group ?D? post whose services are lent to Bruhat Bangalore Mahanagara Palike shall perform the functions of the appointing authority][175]

(ii)      the Commissioner, City Municipal Corporation in respect of a Government servant holding a Group ?C? or Group ?D? post whose services are lent to the City Municipal Corporation; shall have the powers of the Appointing Authority for placing such Government servant under suspension and of the Disciplinary Authority for the purpose of taking a disciplinary proceedings against him and to impose any of penalties specified in clauses (i) to (iv-a) of rule 8 on such Government servant. It shall not be necessary for the Government in Urban Development Department or the Commissioner to get the approval of or to consult the lending authority or the appointing authority as the case may be, before placing such Government servant under suspension or imposing on him any of the said penalties.][176]

[177][2C. Notwithstanding anything contained in these rules, -

(i)       The Government in Water Resources Department in respect of Government servant holding a Group ?A? or ?B? posts whose services are lent to Cauvery NeeravariNagam Limited, Krishna BhagyaJala Nigam Limited, KarnatakaNeeravari Nigam Limited.

(ii)      The Managing Director, Cauvery Neeravari Nigam Limited, Krishna BhagyaJala Nigam Limited, Karnataka Neeravri Nigam Limited in respect of a Government servant holding a Group ?C? or Group ?D? post whose services are lent to the Cauvery NeeravariNagam Limited, Krishna BhagyaJala Nigam Limited, Karnataka Neeravari Nigam Limited as the case may be; shall have the powers of the Appointing Authority for placing such Government servant under suspension and of the Disciplinary Authority for the purpose of taking a disciplinary proceedings against him and to impose any of penalties specified in clauses (i) to (iv-a) of rule 8 on such Government servant. It shall not be necessary for the Government in Water Resources Department or the Managing Director, to get the approval of or to consult the lending authority or the appointing authority as the case may be, before placing such Government servant under suspension or imposing on him any of the said penalties. But it is necessary to intimate of such penalty to the lending authority or appointing authority.][178]

(3)     [179]&[180][Notwithstandng anything contained in these rules where a Government servant referred to in sub-rule (2A), (2B) or (2C), -

(i)       who is alleged to have committed any misconduct or misbehavior while serving in the borrowing authorities specified in sub-rule (2A), (2B) or (2C) is transferred, deputed or otherwise posted outside the jurisdiction of the disciplinary authority referred to in sub-rules before initiation of a disciplinary proceeding against such Government servant, the same Disciplinary authority shall have power to initiate disciplinary proceedings and to conclude or cause to be concluded the enquiry into articles of charges against such Government servant and to impose any of the penalties specified in clauses (i) to (iv-a) of rule 8 on such Government servant;

(ii)      during pendency of disciplinary proceeding, a Government servant is transferred, deputed or otherwise posted out of jurisdiction of the Disciplinary Authority referred to in sub-rule (2A), (2B) or (2C) which initiated the disciplinary proceeding against such Government servant, the same disciplinary authority shall continue and conclude or caused to be continued or concluded the enquiry into articles of charges against such Government servant in accordance with these rules and shall have power to impose and of the penalties specified in clauses (i) to (iv-a) of rule 8 on such Government servant;

Provided that an appeal against an order passed by the Chief Execurive Officer, Commissioner or the Managing Director as the case may be 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) [181][in the proviso to clause (i) and][182] or clause (ii) of sub-rule (2B) or clause (ii) of sub-rule (2C) to the Head of the Department 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.][183]&[184]

Rule - 16. Provision regarding borrowed officers, -

(1)     Where an order of suspension is made or a disciplinary proceedings is taken against a Government servant whose services have been borrowed from the Central Government any State Government or a local or other authority, the authority lending his services (hereafter in this rule referred to as the ?the lending authority?) shall forthwith be informed of the circumstances leading to the order of his suspension or the commencement of the disciplinary proceeding as the case may be.

(2)     In the light of the findings in the disciplinary proceedings taken against the Government servant-

(i)       If the Disciplinary Authority is of the opinion that any of the penalties specified in clauses (i) to (iv-a) of rule 8 should be imposed on him, it may, subject to the provisions of sub-rule (3) of rule 11A after consultation with the lending authority, pass such orders on the case as it deems necessary;

Provided that in the event of a difference of opinion between the borrowing authority and the lending authority the service of the Government servant shall be replaced at the disposal of the lending authority;

(ii)      If the Disciplinary Authority is of the opinion that any of the penalties specified in clauses (v) to (viii) of rule 8 should be imposed on him it shall replace his services at the disposal of the lending authority and transmit it to the proceedings of the inquiry for such action as it deems necessary.

[185][Rule - 16A. Provision regarding reappointed Officers, -

Where a person who has ceased to be in Government service, due to resignation, abolition of his post, termination of his appointment or any other cause, is reappointed as a Government servant, disciplinary proceedings may be taken against him in his new appointment in respect of any act or conduct during any period of his service under the Government.][186]

PART-V APPEALS

[187][Rule - 17. Orders against which no appeal lies, -

Notwithstanding anything 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 step-in-aid for the final disposal of a disciplinary proceeding, other than an order of suspension;

(iii)     any order passed by an Inquiry Authority in the course of an inquiry under rule 11.][188]

Rule - 18. Appeals against orders imposing penalties, -

(1)     Every person who is a member of any of the Services specified in rule 5 shall be entitled to appeal to the extent and to the authorities as hereinafter provided and not otherwise from an order passed by an authority;-

(a)      Imposing any of the penalties specified in rule 8 [189][whether made by the Disciplinary Authority or by an Appellate or Reviewing Authority.][190]

(b)      discharging him, except on abolition of the post in accordance with the terms of his contract for a fixed or for an indefinite period, provided he has rendered under either form of contract continuous service for a period exceeding five years at the time when his services are terminated;

(c)      reducing or withholding pension admissible to him under the rules governing pensions; or

(d)      placing him under suspension under rule 10.

(2)     A member of the State Civil Services, Group A and B may appeal-

(a)      to the Appointing Authority against an order made by an authority subordinate to it.

[191][xxx][192]

(3)     A member of a service or holder of a post included in column 1 of Schedules II and III may appeal from orders passed in exercise of powers conferred by rule 9 to the authorities specified in column 5 of the said Schedules [193][and from orders passed by the appellate authority to the authority to which appellate authority is immediately subordinate.][194]

Provided that, in cases of posts not included in column I of Schedule II and III, the holders of such posts may appeal from orders passed in exercise of the powers conferred by rule 9 to the authority immediately superior to the authority imposing the penalty;

[195][Provided further that a Government servant against whom a order imposing any of the penalties specified in clauses (i) to (iv-a) of rule 8 is passed by the Appointing Authority or by any other Disciplinary Authority empowered to impose any of the penalties under clauses (v) to (viii) may appeal to the same Authority to whom he is entitled to appeal against an order imposing on him any of the penalties (v) to (viii).][196]

[197][Provided further that a Government servant belonging to the State Civil Services, Group D may appeal from an order passed in exercise of the powers conferred by the proviso to clause (d) of sub-rule (2) of rule 9 to the authority immediately superior to the authority imposing the penalty.][198]

[199]&[200][][201]&[202]

Note, -If any doubt arises as to who is the proper authority for the purpose of this rule, the matter shall be referred to the Government whose decision shall be final.

(4)     A member of a State Civil Services Group C or State Civil Services Group D may appeal from an order referred to in clauses (b), (c) and (d) of sub-rule (1) to the authority to whom he would have been entitled to appeal under these rules had the order been an order of dismissal.

(5)     [203][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, the appellate authority in respect of such order, an appeal against such order shall be to be authority to which such person is immediately subordinate;

(b)      an appeal against an order in a common proceeding held under rule 13 shall lie to the authority to which the authority functioning as the Disciplinary Authority for the purpose of that proceeding is immediately sub-ordinate.][204]

Explanation, - The expression ?member of a State Civil Service? includes a person who has ceased to be a member of that Service.

Rule - 19. Appeal against other order, -

(1)     Every member of any of the Services mentioned in rule 5 shall be entitled to appeal to Government against any order passed by a subordinate authority which-

(a)      denies or varies to his disadvantage his pay, allowances, pension or other conditions of services as regulated by any order, rules or any agreement or

(2)     An appeal against an order-

(a)      stopping a Government servant at the efficiency bar in the time-scale on the ground of his unfitness to cross the bar.

(b)      reverting to a lower service, grade or post, a Government servant officiating in a higher service, grade or post otherwise than as a penalty; and

(c)      [205][reducing or withholding the pension or denying the maximum pension admissible to him under the rules;

(ca) determining the subsistence and other allowances to be paid to him for the period of suspension or for the period during which he is deemed 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 or compulsory retirement from service or from the date of his reduction to a lower service, grade, post time-scale or stage in a time scale of pay to the date of his reinstatement or restoration to his service, grade or post, or

(cc) determine whether or not the period from the date of his suspension or from the date of his dismissal, removal, compulsory retirement or reduction to a lower service, grade, post, time-scale or pay or stage in a time-scale of pay to the date of his reinstatement or restoration to his service, grade or post shall be treated as a period spent on duty for any purpose, shall lie, -

(i)       in the case of an order made in respect of a Government servant on whom the penalty of dismissal from service can be imposed only by the Governor, to the Governor, and

(ii)      in the case of an order made in respect of any other Government servant to the authority to whom an appeal against an order imposing upon him the penalty of dismissal from service would lie.][206]

Explanation, - In this rule;-

(i)       the expression ?Government servant? includes a person who has ceased to be in Government service;

(ii)      the expression ?pension? includes additional pension, gratuity and any other retirement benefit.

(3)     Notwithstanding anything contained in these rules, there shall be no appeal against non-selection for a selection post.

Rule - 20. Period of limitation for appeals, -

No appeal under this part shall be entertained unless it is submitted within a period of three months from the date of the order appealed against;

Provided that the appellate authority may entertain the appeal after the expiry of the said period, if it is satisfied that the appellant had sufficient cause for not submitting the appeal in time.

Rule - 21. Form and contents of appeal, -

(1)     Every person submitting an appeal shall do so separately and in his own name.

(2)     Every appeal preferred under these rules shall be accompanied by a copy of the order appealed against and shall contain all material statements and arguments relied on by the appellant, shall not contain any disrespectful or improper language and shall be complete in itself.

Rule - 22. Submission of appeal, -

Every appeal shall be submitted to the authority which made the order appealed against;

Provided that if such authority is not the head of the office in which the appellant may be serving or if he is not in service, the head of the office in which he was last serving or is not subordinate to the head of such office, the appeal shall be submitted to the head of such office who shall forwarded it forthwith to the said authority;

Provided further that a copy of the appeal may be submitted directly to the appellate authority.

Rule - 23. Withholding of appeals, -

(1)     The authority which made the order appealed against may withhold the appeal, if-

(i)       it is an appeal against an order from which no appeal lies; or

(ii)      it does not comply with any of the provisions of rule 21; or

(iii)     it is not submitted within the period specified in rule 20 and no reasonable cause is shown for the delay; or

(iv)    it is a repetition of an appeal already decided and is made to the same appellate authority by which such appeal has been decided and no new facts or circumstances are adduced which afford grounds for a reconsideration of the case; or

(v)      it is addressed to an authority to which no appeal lies under these rules; or

(vi)    it contains material or documents which are treated as confidential and which the appellant could have come to know only as a result of the breach [207][of rule 12 of the Karnataka Civil Services (Conduct) Rules, 1966][208]

Provided that in every case in which an appeal is withheld, the appellant shall be informed of the fact and the reasons for it.

Provided further that an appeal withheld under clause (ii), (v) and (vi) may be re-submitted at any time within one month from the date on which the appellant has been informed of the withholding of the appeal and if re-submitted in a form which is in accordance with the said provisions, shall not be withheld.

(2)     When an appeal is withheld under this rule, a copy or order withholding the appeal shall be submitted to the authority to whom the appeal is addressed.

(3)     No appeal shall lie against the withholding of an appeal by a competent authority.

Rule - 24. Transmission of appeals, -

(1)     The authority which made the order appealed against shall, without any avoidable delay, transmit to the appellate authority every appeal which is not withheld under rule 23 together with its comments thereon and the relevant records.

(2)     The authority to which the appeal lies may direct transmission to it of any appeal withheld under rule 23 and thereupon such appeal shall be transmitted to that authority together with the comments of the authority withholding the appeal and the relevant records.

Rule - 25. Consideration of appeals, -

(1)     In the case of an appeal against an order of suspension, the Appellate Authority shall consider whether in the light of the provisions of rule 10 and having regard to the circumstances of the case the order of suspension is justified or not and confirm or revoke the order accordingly.

(2)     In the case of an appeal against an order imposing any of the penalties specified in rule 8, the Appellate Authority shall consider-

(a)      Whether the procedure prescribed in these rules has been complied with and if not whether such non-compliance has resulted in violation of any provisions of the Constitution or in failure if justice;

(b)      Whether the findings are justified; and (c) Whether the penalty imposed is excessive, adequate or inadequate and after consultation with the Commission, if such consultation is necessary in the case, pass orders-

(i)       setting aside, reducing, confirming or enhancing the penalty; or

(ii)      remitting the case to the authority which imposed the penalty or to any other authority with such direction as it may deem fit in the circumstances of the case:

Provided that-

(i)       The appellate authority shall not impose any enhanced penalty unless such authority or the authority which made the order appealed against is competent to impose such penalty;

(ii)      No order imposing an enhanced penalty shall be passed unless the appellant is given an opportunity of making any representation which he may wish to make against such enhanced penalty; and

(iii)     If the enhanced penalty which the appellate authority proposes to impose is one of the penalties specified in clauses (v) to (viii) of rule 8 and an inquiry under rule 11 has not already been held in the case, the appellate authority shall, subject to the provisions of rule 14 itself hold such inquiry or direct that such inquiry be held and thereafter on consideration of the proceedings of such inquiry, pass such orders as it may deem fit.

(3)     In the case of an appeal against any order specified in clauses (b) and (c) of rule 18 or rule 19, the appellate authority shall consider all the circumstances of the case and pass such orders as it deems just and equitable.

PART-VI REVIEW

[209][Rule - 26. Review, -

The State Government may at any time, either on its own motion or otherwise, after calling for records of the case, review any order passed under these rules when any new material or evidence, which could not be produced or was not available at the time of passing the order under review and which has the effect of changing the nature of the case has come or has been brought to its notice; [210][or if in its opinion an order imposing any penalty cannot be given effect to or if an order imposing penalty is notlegally valid.][211]

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

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

(c)      remit the case to the authority which made the order or to any other authority directing such further action or inquiry as is considered 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 shall be made by the State Government unless the member of the Service concerned has been given a reasonable opportunity of making a representation against the penalty proposes or where it is proposed to impose any of the major penalties specified in clause (v) to (viii) of rule 8 or to enhance a major penalty imposed by the order sought to be reviewed to any of the major penalties and if an enquiry under rule 11 has not already been held in the case, no such penalty shall be imposed except after enquiring in the manner laid down in rule 11 subject to the provisions of rule 14 and except after consultation with the Commission.

Provided further that no application by a Government servant for reviewing an order in disciplinary proceedings imposing any penalty other than those specified in clauses (v) to (viii) of rule 8 and in respect of which an appeal is provided shall lie.][212]

Rule - 27. Review of orders in disciplinary cases, -

The authority to which an appeal against an order imposing any of the penalties in rule 8 lies, may, of its own motion or otherwise , call for the records of the case in a disciplinary proceeding review any order passed in such a case and after consultation with the Commission where such consultation is necessary pass such orders as it deems fit as if the Government servant had preferred an appeal against such order.

Provided that no action under this rule shall be initiated more than six months after the date of the order to be reviewed.

PART-VII MISSLENIOUS.

Rule - 28. Appearance of legal practitioner, -

Save as otherwise provided in these rules, no legal practitioner or agent shall be allowed to appear in any proceedings under these rules.

[213][Rule - 28A. Service of order, notices, etc, -

(1)     Every order, notice and other process made or issued under these rules shall be served in person on the Government servant concerned or communicated to him by registered post.

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

Rule - 28B. Power to relax time limit and to condone delay, -

Save as otherwise expressly provided in these rules, the authority competent under these rules to make any order may, for good and sufficient reasons or ifsufficient cause is shown, ?extend the time specified in these rules for anything required to be done under these rules or condone any delay.

Rule - 28C. Supply of copy of Commission?s advice, -

Whenever the Commission is consulted as provided in these rules, a copy of the advice by the Commission and where such advice has not been accepted, also a brief statement of the reasons for such non-acceptance shall be furnished to the Government Servant concerned along with a copy of the order passed in the case, by the authority making the order;

[214][Provided that it shall not be necessary to supply copies of the said documents where the Disciplinary Authority exonerate the Government servant or where such documents have already been supplied to the Government servant.][215]

Rule - 28D. Provision regarding members of the Karnataka Judicial Service, etc., -

Notwithstanding anything contained in these rules, references to the Governor or the Government in these rules shall, in so far as they relate to the control over the district courts and courts subordinate thereto by the High Court of Karnataka under Article 235 of the Constitution of India, be construed as reference to the High Court of Karnataka.

Provided that nothing in this rule shall affect the powers of the Governor under the Constitution of India in respect of members of the Judicial Services or the right of an appeal which a person may have under the law regulating his conditions of service.][216]

Rule - 29. Repeal and savings, -

(1)     The Civil Services (Classification, Control and Appeal) Rules and the rules contained in the Notification of the Government of India in the Home Department No.F.9-19-30-Ests. Dated 27th February 1932 the Hyderabad Civil Services (Classification, Control and Appeal) Rules, the Bombay Civil Services (Classification, Control and Appeal) Rules, the Madras Civil Services (Classification, Control and Appeal) Rules and the rules contained in Chapter X of the Mysore manual of General Circular and Standing orders, Part-I, the Mysore Civil Services(Classification) Rules, 1955 and any Notifications issued and rules and orders made under any such rules or under the proviso to Article 309 of the Constitution and all other rules and orders made by any competent authority to the extent to which they apply to persons to whom these rules apply and in so far as they relate to the classification of the State Civil Services specified in the Schedules or confer powers to make appointment impose penalties or entertain appeals are hereby repealed;

Provided that-

(a)      such repeals shall not affect the previous operation of the said rules, notifications and orders or anything done or any action taken thereunder;

(b)      any proceedings under the said rules, notifications or orders pending at the commencement of these rules shall be continued and disposed of, as far as may be in accordance with the provisions of these rules.

(2)     Nothing in these rules shall operate to deprive any person to whom these rules apply of any right of appeal which had accrued to him under the rules, notifications or orders repealed by sub-rule (1) in respect of any order passed before the commencement of these rules.

(3)     An appeal pending at or preferred after the commencement of these rules against an order made before such commencement shall be considered and orders thereon shall be passed, in accordance with these rules.