PREAMBLE
In exercise of the
powers conferred by the proviso to Article 309 of the Constitution of India,
the Governor of Kerala hereby makes the following Rules, namely:-
Part
I
General
Rule - 1. Short title and commencement :-
(1)
These
rules may be called the Kerala Civil Services (Classification, Control and
Appeal) Rules, 1960
(2)
They
shall come to 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, class or category of
which the Government servant is for the time being a member; or
(ii)
the
authority empowered to make appointments to the post which the Government
servant for the time being holds; or
Note:- Where the power of appointment is
delegated to any authority that authority will be deemed to be the Appointing
Authority.
(iii)
the
authority which appointed the Government servant to such service, class,
category or post, as the case may be; or
(iv)
where
the Government servant having been a permanent member of any other service,
class or category or having substantively held any other permanent post, has
been in continuous employment of the Government, the authority which appointed
him to that service, class or category or to that post, whichever authority is
the highest authority;
(b)
'Commission'
means the Kerala 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 a service, State or Subordinate, or
who holds a civil post under the Kerala Government and includes any such person
on foreign service or whose services are temporarily placed at the disposal of
any other Government Central or State-or a local or other authority and also
any person in the service of any other Government-Central or State-or a local
authority whose services are temporarily placed at the disposal of the Kerala
Government;
(e)
'Schedule'
means the schedule to these rules;
(f)
'Services'
means a group of persons classified by the State Government as a State or
Subordinate Service, as the case may be.
Note:- Where the context so requires,
'service' means the period during which a person holds a post or is a member,
of a service as defined in these rules.
Rule - 3. Application.-
(1)
These
rules shall apply to all Government servants except,
(a)
persons
belonging to the All India Services;
(b)
persons
in casual employment;
(c)
persons
subject to discharge from service without notice or on less than one month's
notice; and
(d)
persons
for whose appointment and other matters covered by these rules special
provision is made by or under any law for the time being in force in regard to
the matters covered by such law.
(2)
Notwithstanding
anything contained in sub-rule (1) these rules shall apply to every person
temporarily transferred to a service or post coming within exception (c) in
sub-rule (1) to whom, but for such transfer these rules would apply.
(3)
Notwithstanding
anything contained in sub-rule (1) the Government may by order exclude from the
operation of all or any of these rules any Government servant or class of
Government servants.
(4)
If
any doubt arises,
(a)
whether
these rules or any of them apply to any person; or
(b)
whether
any person to whom these rules apply belong to a particular service, the matter
shall be referred to the Government whose decision thereon shall be final.
Rule - 4. Special provision by agreement.-
Where its is considered necessary to make
special provisions in respect of a Government servant inconsistent with any of
these rules, the Government may, by agreement with such Government servant,
make such special provisions and thereupon these rules shall not apply to such
Government servant to the extent to which the special provisions so made are
inconsistent therewith.
Rule - 5. Protection of rights and privileges conferred by any agreement.-
Nothing in these rules shall operate to
deprive any Government servant of any right or privilege to which he is
entitled by the terms of any agreement subsisting between such person and the
Government at the commencement of these rules.
Part
II
Classification
Rule - 6. Classification.-
The services, the members of which are
subject to these rules shall be classified as follows:-
(i)
The
State Services; and
(ii)
The
Subordinate Services.
Rule - 7. State Services.-
The State Services shall consist of the services
included in Schedule I.
Rule - 8. Subordinate Services.-
The Subordinate Services shall consist of the
services included in Schedule II.
Part
III
Appointing
Authorities
Rule - 9. Appointing Authorities.-
All appointments to State and Subordinate Services
shall be made by the Government:
Provided that the Government may, by general
or special orders or rules and subject to such conditions as they may specify,
delegate to any other Authority the power to make such appointments.
Part
IV
Suspension
Rule - 10. Suspension.-
(1)
The
appointing authority or any authority to which it is subordinate or any other
authority empowered by the Government in that behalf may at any time place a
Government servant under suspension,
(a)
where
a disciplinary proceeding against him is contemplated or is pending; or
(b)
where
a case against him in respect of any criminal offence is under investigation or
trial; or
(c)
where
final orders are pending in the disciplinary proceeding, if the appropriate
authority considers that in the then prevailing circumstances it is necessary,
in public interest, that the Government servant should be suspended from
service:
Provided that the authority competent to
place a member of [the
Kerala Civil Judicial Service or the Kerala Criminal Judicial Service] under
suspension shall be the High Court of Judicature.
(2)
Where
the order of suspension is made by an authority lower than the appointing
authority, such authority shall forthwith report to the Appointing Authority,
the circumstances in which the order was made.
(3)
A
Government servant who is detained in custody, whether on a criminal charge or
otherwise, for, a period exceeding forty-eight hours shall be deemed to have
been suspended with effect from the date of detention, by an order of the
Appointing Authority or in the case of members of [the
Kerala Civil Judicial Service or the Kerala Criminal Judicial Service] by an
order of the High Court of Judicature and shall remain under suspension until
further orders.
(4)
Where
a penalty of dismissal, removal or compulsory retirement from service imposed
upon a Government servant under suspension is set aside in appeal or on review
under these rules and the case is remitted for further inquiry or action or,
with any other directions, the order of his suspension shall be deemed to have
continued in force on and from the date of the original order of dismissal,
removal or compulsory retirement and shall remain in force until further
orders.
(5)
Where
a penalty of dismissal, removal or compulsory retirement from service imposed
upon a Government servant is set aside or declared or rendered void in
consequence of or by a decision of a Court of Law and the disciplinary
authority, on a consideration of the circumstances of the case, decides to hold
a further inquiry against him on the allegations on which the penalty of
dismissal, removal or compulsory retirement was originally imposed, the
Government servant shall be deemed to have been placed under suspension by
the [Appointing
Authority from the date from which he was originally dismissed, removed or
compulsorily retired, as the case may be, and shall continue to remain under
suspension until further orders],
(6)
An
order of suspension made or deemed to have been made under this rule may at any
time be revoked by the authority which made or is deemed to have made title
order or by any authority to which that authority is subordinate.
(7)
Whenever
a Government servant is placed under suspension, he shall be paid such
subsistence and other allowances admissible under the rules for the time being
in force regulating such matters.
Part V
Discipline
Rule - 11. The nature of penalties.-
(1)
The following penalties may, for good and sufficient
reasons and as hereinafter provided, be imposed on a Government servant,
namely:-
(i)
Censure;
(ii)
Fine (in the case of persons on whom such penalty may be
imposed under these rules);
[(iii)
Withholding of increments or promotion temporarily for a specified period;]
[Note.-
(1) xxx]
[(2)
Temporary period of withholding of increments shall not be less than three
months and the temporary period of withholding of promotion shall not be less
than six months and both shall not be for more than three years. If the period
is not spgclfied in the order it will be deemed to be 3 months in the case of
temporary withholding of increments and 6 months in the case of temporary
withholding of promotion. Temporary withholding of increments shall mean
withholding of increments without cumulative effect, i.e., it shall not have
the effect of postponing future increments].
[(2A)
The minimum period of permanent barring of increment shall not be less than one
year and the maximum period shall not be for more than three years. Permanent
barring of increment shall mean withholding of increment with cumulative
effect, i.e., it shall have the effect of postponing future increments.]
[(3)
In case the order of withholding of increments cannot be given effect to, the
monetary value equivalent to the amount of increments ordered to be withheld
will be recovered from the pay of the officer. If the officer retires from
service before the recovery could be effected the amount will be recovered from
his pension or death-cum-retirement gratuity.
[Explanation.-
xxx]
(4)
Withholding of promotion shall not entail loss of seniority in that grade.
(5)
An officer whose promotion is withheld, shall, if and when promoted to a higher
grade or higher time scale subsequently, on promotion take his place at the
bottom of the higher grade or higher time scale.]
(iv) (a) Recovery from pay of the whole
or part of any pecuniary loss caused to a State Government or the Central
Government or to a local authority by negligence or breach of orders;
[(b)
xxx]
(v) Reduction to a
lower rank in the seniority list or to a lower grade or post or time-scale
whether in the same service or in any other service, State or subordinate or to
a lower state in a time-scale;
Note:-
(1)
The period of reduction shall not be less than six months and not more than
five years. If the period is not specified in the order, the period of
reduction shall be deemed to be six months:
[Provided
that in the case of reduction of rank in the seniority list such reduction
shall be permanent].
[(1A)
Reduction to a lower grade or post shall be to the grade or the post
immediately lower to the grade or the post held by the officer, but not to a
grade or post lower than the grade or post to which he was initially
appointed].
(2)
Reduction to a lower stage in the time scale can be with or without the effect
of postponing future increments. If no mention is made in this regard in the
order of reduction, the reduction shall be deemed to be without the effect of
postponing future increments].
(3)
An order of reduction to a lower post or to a lower time-scale shall entail
loss of seniority.
(4)
An Officer so reduced shall take his place in the lower grade or in the lower
time-scale at the top of the list of officers in that grade or time-scale. He
shall be considered for promotion on the completion of the specified period of
reduction. On promotion, he shall take his place at the bottom of the higher
grade or higher time-scale.
(5)
The previous service in the higher grade or time-scale of a Government servant
who has been reduced to a lower post or lower time-scale shall on repromotion
to the higher grade or higher time-scale count for increments, only subject to
the provisions of Rule 36 of the [Kerala
Service Rules, Part I] Regulation 98 of the Travancore Service Regulation,
Regulation 45 of the Cochin Service Regulations or Rule, 29 of the Fundamental
Rules, Madras, as the case may be.
[(6)
Where the penalty of reduction to a lower stage in a timescale cannot be given
effect to or becomes inoperative, the monetary value equivalent to the amount
of reduction ordered shall be recovered from the pay of the officer and in
case, the officer retires from service before the amount could be recovered the
same may be recovered from his pension or death-cum-retirement gratuity].
[(v
A) Withholding of increments with cumulative effect.
Explanation:-
In case stoppage of increment with cumulative effect cannot be given effect to
the monetary value equivalent to three times the amount of increments ordered
to be withheld will be recovered.]
(vi) Compulsory retirement;
(vii) [Removal
from the Civil Service of the State Government which shall not be a
disqualification for future employment unless otherwise directed specifically];
(viii) Dismissal from the Civil Service of the State
Government which shall ordinarily be a disqualification for future employment;
[(ix)
Reduction of pension.
Note:-
The penalty of reduction of pension shall be imposed in such a manner that
pension will not be reduced to nothing or to a nominal amount].
Explanation:-
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 departmental examination or consequential to the extension of
probation 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 an officiating or substantive
capacity of a Government servant, after consideration of his case, to a higher
grade or post, for promotion to which he is eligible;
(iv)
Reversion to lower service, category, class, grade or
post of a Government servant officiating in a higher service, category, class,
grade or post on the ground that he is considered, after trial, to be
unsuitable for such higher service, category, class" grade or post or on
administrative grounds unconnected with his conduct;
(v)
Reversion to his previous service, category, class, grade
or post of a Government servant appointed on probation to another-service,
category, class, 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)
Replacement of the services of a Government servant whose
services have been borrowed from the Central Government or another State
Government or a local authority at the disposal of the authority which had lent
his services;
(vii)
Compulsory retirement of a Government servant in
accordance with the provisions relating to his superannuation or retirement;
(viii)
Termination of services.-
(a)
of a Government servant appointed on probation, during or
at the end of the prescribed or extended period of probation in accordance with
the terms of his appointment or the rules and orders governing probation; or
(b)
of a Government Servant employed under agreement, in
accordance with the terms of such agreement; or
(c)
of a Government servant appointed otherwise than under
contract to hold a temporary appointment on the expiration of the period of the
appointment; [or
(d)
of a Government servant under Rule 24, Part I Kerala
Service Rules; or
(e)
of a Government servant under Rule 96A, Part I Kerala
Service Rules.]
[(2)
The penalty of fine as such shall be imposed only on members of the Kerala Last
Grade Service, members of the Kerala Part-time Contingent Service, Warders of
the Jail Department and Village men. The infliction of very heavy fines and
frequent infliction of small fines shall be avoided].
[Note:-
Sub-rule (2) of this rule shall be deemed to have come into force with effect
on and from the 1st day of January, 1966].
Rule - 12. Imposition of special penalties in certain cases.-
Notwithstanding
anything contained in Rule 11, any of the penalties mentioned in column (2) of
the Appendix to these rules may be imposed on the holders of the posts in [the
Kerala Jails Service and the Kerala Jails Subordinate Service], specified in
the corresponding entry in column (1) by the authorities specified in the
corresponding entry in column (3) thereof.
Rule - 13. Disciplinary authorities.-
(1)
The Government may impose any of the penalties specified
in items (i) and (iii) to (viii) of rule 11 (1) on members of the State
Services:
[Provided
that the authority competent to impose the penalties specified in items (i),
(iii), (iv), (v), [vA],
(vii) and (viii) of sub-rule (1) of rule 11 on the members of the Kerala Civil
Judicial Service other than Munsiffs, or the members of the Kerala Criminal
Judicial Service other than Judicial Magistrates of the Second Class, shall be
the High Court:
Provided
further that the authority competent to impose the penalties specified in items
(vi), (vii) and (viii) of sub-rule (1) of rule 11 on District Judges or
Munsiffs or Judicial Magistrates of the Second Class shall be the Governor:
Provided
also that the Governor shall exercise the power conferred by the foregoing
proviso after obtaining a report by the High Court:]
[Provided
further that in the case of Tahsildars in the Revenue Department, the authority
competent to impose the penalties specified in items (i), (iii), (iv), [(V)
and (vA)]of sub-rule (1) of Rule 11 shall be the Collector of the District
concerned and the authority competent to impose the penalties specified in
items (vi), (vii) and (viii) of the said sub-rule shall be the Board of
Revenue]:
[Provided
further that in the case of Assistant Public Prosecutors. Grade II, the
authority competent to impose the penalties of censure, [withholding
of increments or promotions temporarily] and recovery from pay specified in
Rule 11(1) shall be the Collector of the District concerned]:
[Provided
further that the Government may by general or special order, delegate to Heads
of Departments, Collectors or other authorities as may be specified by the
Government in the order, their power to impose, the penalties of-
(a)
censure and
(b)
1[withholding of
increments temporarily], on all members of the State Services serving under
them and in the case of the members of the State Services holding the lowest
ranks, serving under them, in addition to the above penalties, the penalties
of,
(c)
recovery from pay of the whole or part of any pecuniary
loss caused to a State Government or the Central Government or to a local
authority by negligence or breach of orders,
(d)
recovery from pay to the extent necessary of the monetary
value equivalent to the amount of increments ordered to be withheld where such
an order cannot be given effect to, Subject to -
(1)
the condition that from the orders passed by Heads of
Departments, Collectors or other authorities in exercise of the powers so
delegated, a revision shall lie to the Government,
(2)
the condition that such delegation shall not enable the
Heads of Departments, Collectors or other authorities so empowered to impose
the punishments of recovery from pay in case where they are not competent to
impose the said penalty on any member of a subordinate service working under
them, and any other condition as may be specified in the order]
(e)
[xxx]
[Provided
further that -
(a)
in the case of Taluk Supply Officers, City Rationing
Officers, Special Tahsildars and Superintendents of the Civil Supplies
Department the authority competent to impose the penalty specified in items
(v), [(vA)]
of sub-rule (1) of Rule 11 shall be the Director of Civil Supplies/Commissioner
of Civil Supplies and the authority competent to impose the penalties specified
in items (vi), (vii) and (viii) of sub rule (1) of rule 11 shall be the Board
of Revenue and
(b)
in the case of District Supply Officers, Assistant
Secretaries and the Officers of the rank of District Supply Officers in the
Civil Supplies Department the authority competent to impose the penalties of
censure and withholding of increments [temporarily]
and the penalty specified in item (iv) of sub-rule (1) of Rule 11 shall be the
Board of Revenue]:
[Provided
further that in' the case of Superintendents, Circle Inspectors and Managers of
the Kerala Excise and Prohibition Service, the authority competent to impose
the penalties specified in items (i), (iii), (iv), (v), [(vA)J,
(vi), (vii) and (viii) of sub rule (1) of Rule 11 shall be the Board of
Revenue]:
[Provided
also that any of the penalties specified in column (1) of the Table below may
be imposed on the Sales Tax officers in the Agricultural Income Tax and Sales
Tax Department by the authority specified in the corresponding entry in column
(2) thereof.
|
Table
|
|
Penalties
|
Authority
competent to impose the penalties
|
|
(1)
|
(2)
|
|
Penalties
specified in items (i), (iii)and (iv) of rule 11(1)
|
Deputy
Commissioner concerned of Agricultural Income Tax and Sales Tax Department.
|
|
Penalty
specified [in
item (v) and (vA)] rule 11(1)
|
Deputy
Commissioner concerned of the Agricultural Income-Tax and Sales Tax
Department or the Board of Revenue.
|
|
Penalties
specified in items (vi), (vii) and (viii) of rule 11(1).
|
Board of
Revenue]
|
[(1a)
The authority which may impose the penalty of reduction of pension on a member
of a State Service or of a Subordinate Service shall be the Government or the
authority competent to sanction the pension of the officer.]
(2)
(a) The authority which may impose the penalties of,-
(i)
Censure;
(ii)
Fine;
(iii)
Withholding of increment [temporarily];
on a member of Subordinate Service shall be his immediate superior Gazette
Officer or any higher authority.
(b)
The authority which may impose the penalties of -
(i)
Recovery from pay;
(ii)
Withholding of promotion [temporarily];
(iii)
Reduction to a lower rank in the seniority list or to a
lower grade or post or time-scale, whether in the same service or in another
service, or to a lower stage in a time-scale;
[(iiiA)
Withholding of increments with cumulative effect;]
(iv)
Compulsory retirement;
(v)
Removal from the Civil Service of the State Government;
and
(vi)
Dismissal from the Civil Service of the State Government;
on a member of a Subordinate Service shall be the appointing authority or any
higher authority:
[Provided
that the District Collectors in their respective jurisdictions shall be
competent to impose the punishments specified in this clause on the members of
the subordinate services employed in the Harijan Welfare Department, other than
those employed in the Office of the Director of Harijan Welfare:]
[Provided
further that the District Collectors in their respective jurisdictions shall be
competent to impose the penalties specified in clauses (a) and (b) of this
sub-rule except penalties specified in items (v) and (vi) of clause (b) on
members of the subordinate services employed in the Civil Supplies Department
other than those employed in the Office of the Board of Revenue (Civil
Supplies):]
[Provided
also that the District Collectors in their respective jurisdictions shall be
competent to impose the penalties specified in items (i),[(ii),
(iii) and (iiiA)] of clause (b) on Deputy Tahsildars:]
[Provided
also that the District Collectors in their respective jurisdictions shall be
competent to impose the penalties specified in this clause on members of the
subordinate services of the Survey and Land Records Department who are under
their administrative control:]
[Provided
also that the District Collectors in their respective jurisdictions shall be
competent to impose the penalties specified in clause (a) and items (i) and
(ii) of clause (b) of this sub-rule on members of the subordinate services
working under the Tahsildar Land Tribunals:]
[Provided
also that the Deputy Commissioners of the Agricultural Income Tax and Sales Tax
Department shall be competent to impose the penalty of withholding of promotion
and the penalties specified in items [(iv),
(v) and (vA)] of sub-rule (1) of rule 11 on the Assistant Sales Tax Officers
working under them:]
[Provided
also that the Director of Coir Development and the Director of Handlooms shall
be competent to impose the penalty specified in item (i) of clause (b) of this
sub-rule on members of the Subordinate Services working under them.]
(3)
Where in any case a higher authority has imposed or
declined to impose a penalty under this rule, a lower authority shall have no
jurisdiction to proceed under this rule in respect of the same case.
(4)
The order of a higher authority imposing or declining to
impose in any case a penalty under this rule shall supersede any order passed
by a lower authority in respect of the same case.
Rule - 14. Authority to impose penalty when promoted or transferred.-
(1)
Where on promotion or transfer a member of a service in a
class, category or grade is holding an appointment in another class, category
or grade thereof or in another service, State or Subordinate, no penalty shall
be imposed upon him in respect of his work or conduct before such promotion or
transfer except by an authority competent to impose the penalty upon a member
of the service in the later class, category, grade or service, as the case may
be.
(2)
Where a person has been reverted or reduced from a State
to a Subordinate service, or from one service to another or from one class,
category or grade of a service to another class, category or grade thereof, no
penalty shall be imposed upon him in respect of his work or conduct while he
was a member of the service, class, category or grade, as the case may be, from
which he was reverted or reduced except by an authority competent to impose the
penalty upon a member of such service, class, category or grade, as the case
may be.
Rule - [14A. Authority to impose punishment on members appointed from the service of Local Authority.-
Where
a person in the service of Local Authority is appointed in Government service,
it shall be lawful to impose on him penalties under these rules in respect of
his work or conduct while he was a member in the service of a Local Authority,
by an authority competent to impose such penalties on a Government Servant of
the same service, class, category or grade to which he is appointed or
subsequently promoted].
Rule - [14B.
Notwithstanding
anything contained in rule 13, where disciplinary proceedings against a member
of any service, transferred from a post under one disciplinary authority to a
post under a different disciplinary authority becomes necessary in respect of
any act or omission on his part while serving in the former post, such
disciplinary proceeding may also be initiated and/or continued and any
penalties specified in items (i) to (iv) of rule 11(1) imposed by the authority
who would have been competent but for his transfer to initiate or continue the
proceedings. The authority so initiating or continuing such disciplinary
proceedings shall intimate the fact forthwith to the disciplinary authority
competent to initiate disciplinary proceedings against him after his transfer
and such authority shall on receipt of such information refrain from taking any
disciplinary action against the member of the service in respect of the same
act or omission:
Provided
that in the case of transfer of a member on promotion to a higher grade or post
only the authority competent to impose the penalty on a member of such higher
grade or post shall be entitled to initiate or continue such disciplinary
proceedings.]
Rule - 15. Procedure for imposing major penalties.-
(1)
Without prejudice, to the provisions of the Public
Servants' (Inquiry) Act, 1850 (Central Act XXXVII of 1850), and the Public
Servants' (Inquires) Act, 1122 (Act XI of 1122), no order imposing on a Government
servant any of the penalties specified in items (v) to (ix) of rule 11(1) shall
be passed except after an inquiry held as far as may be, in the manner
hereinafter provided.
(2)
[(a)
Whenever a complaint is received, or on consideration of the report of an
investigation, or for other reasons, the disciplinary authority or the
appointing authority or any other authority empowered by Government in this
behalf is satisfied that there Is a prima facie case for taking action against
a Government Servant, such authority shall frame definite charge or charges
which shall be communicated to the Government servant together with a statement
of the allegations on which each charge is based and of any other circumstances
which it is proposed to take into consideration in passing orders on the case.
The accused Government Servant shall be required to submit within a reasonable
time to be specified in that behalf a written statement of his defence and also
to state whether he desires to be heard in person. The Government servant may
on his request be permitted to peruse or take extracts from the records
pertaining to the case for the purpose of preparing his written statement;
provided that the disciplinary or other authority referred to above may, for
reasons to be recorded in writing, refuse him such access, if in its opinion
such records are not strictly relevant to the case or it is not desirable in
the public interest to allow such access. After the written statement is
received [or if
no such statement is received] within the time allowed, the authority referred
to above may, if it is satisfied that a formal enquiry should be held into the
conduct of the Government servant, forward the record of the case to the
authority or officer referred to in clause (b) and order that a formal enquiry
may be conducted].
(b)
The formal enquiry may be conducted by,
(i)
the Government;
(ii)
the appointing authority;
(iii)
the disciplinary authority;
(iv)
the head of the department or any officer of the
department empowered by the appointing authority or the head of the department;
or
(v)
a special officer or tribunal appointed by the Government
for the purpose or a tribunal generally appointed for making enquiries into the
conduct of Government Servants:
[Provided
that the formal enquiry in respect of a member of the Kerala Civil Judicial
Service or the Kerala Criminal Judicial Service or a District Judge shall be
conducted by the High Court or any other authority appointed by the High Court
in this behalf,]
Explanation.-
In this sub-rule the expression "the Disciplinary Authority" shall
include the authority competent under these rules to impose upon the Government
servant any of the penalties specified in items (i) to (iv) of rule 11 (1).
[(3)
The authority or officer conducting the enquiry (hereinafter referred to as the
Inquiring Authority) may, during the course of the enquiry if it deems
necessary, amend, alter or modify the charges framed against the accused
Government servant, in which case the accused shall be required to submit within
a reasonable time to be specified in that behalf any further written statement
of his defence.]
(4) The
Government servant shall, for the purpose of preparing his defence, be
permitted to inspect and take extracts from such official records as he may specify,
provided that such permission may be refused if, for reasons to be recorded in
writing, in the opinion of the Inquiring Authority, such records are not
relevant for the purpose or it is against the public interest to allow him
access thereto.
[(5)
On receipt of the further written statement of defence under sub-rule (3) or if
no such statement is received within the time specified therefor or in case
where the accused is not required to file a written statement under the said
sub-rule, the Inquiring Authority may inquire into such of the charges as are
not admitted.]
(6) The Disciplinary Authority if it is not the
Inquiring Authority may nominate any person to present the case in support of
the charges before the Inquiring Authority. The Government servant may present
his case with the assistance of any other Government servant [or
a Government Servant retired from the services under the Kerala State
Government who is not a legal practitioner] approved by the Inquiring
Authority, but may, not engage a legal practitioner for the purpose unless the
person nominated by the Disciplinary Authority as aforesaid is a legal
practitioner or unless the Inquiring Authority having regard to the
circumstances of the case so permits.
(7) The Inquiring
Authority shall, in the course of the inquiry, consider such documentary
evidence and take such oral evidence as may be relevant or material in regard
to the charges. The Government servant shall be entitled to cross-examine
witnesses examined in support of the charges and to give evidence in person and
to have such witnesses, as may be produced, examined in his defence. The person
presenting the case in support of the charges shall be entitled to
cross-examine the Government servant and the witnesses examined in his defence.
If the Inquiring Authority declines to examine any witness on the ground that
his evidence is not relevant or material it shall record its reasons in
writing,
Note:-
If the Inquiring Authority proposes to rely on the oral evidence of any
witness, the authority should examine such witness and give an opportunity to
the accused Government servant to cross examine the witness. [xxx]
(8) The
Government servant may present to the Inquiring Authority a list of witnesses
whom he desires to examine in his defence. The Inquiring Authority will
normally request such witnesses to appear before him to give evidence and where
the witness to be examined is a Government servant, the Inquiring Authority
will normally try to secure the presence of the witness, unless he is of the
view that the witness's evidence is irrelevant or not material to the case
under inquiry. Where the witness proposed to be examined by the Government
servant is a nonofficial, the Inquiring Authority will be under no obligation
to summon and examine him unless the Government servant himself produces him
for examination.
(9) At the
conclusion of the inquiry, the Inquiring Authority shall prepare a report of
the inquiry, recording its findings on each of the charges together with
reasons therefor. If in the opinion of such authority the proceedings of 'the
inquiry establish charges different from those originally framed, it may record
findings on such charges provided that findings on such charges shall not be
recorded unless the Government servant has admitted the facts constituting them
or has had an opportunity of defending himself against them.
(10) The record of inquiry shall include,
(i)
the charges framed against the Government servant and the
statement of allegations furnished to him under sub-rule (3);
(ii)
his written statement of defence if any;
(iii)
the oral evidence taken in the course of the inquiry;
(iv)
the documentary evidence considered in the course of the
Inquiry;
(v)
the orders, if any, made by the Disciplinary Authority
and the Inquiring Authority in regard to the inquiry; and
(vi)
a report setting out the findings on each charge and the
reasons therefor.
(11) The Disciplinary Authority, where it is not the
Government, shall if it is not the Inquiring Authority, consider the record of
the inquiry and record its findings on each charge. Where the Disciplinary
Authority is Government, it shall consider the records of the inquiry and where
it is considered necessary to depart from the findings of the Inquiring
Authority, record its provisional findings on each charge with reasons thereof.
(12) (i) If the Disciplinary Authority, having
regard to the findings on the charges, is of the opinion that any of the
penalties specified In items (v) to (ix) of rule 11 (1) should be Imposed, it
shall,-
(a)
furnish to the Government servant a copy of the report of
the Inquiring Authority and where the Disciplinary Authority is not the
Inquiring Authority, a statement of its findings together with brief reasons
for disagreement, if any, with the findings of the Inquiring Authority; and
(b)
give him a notice stating the action proposed to be taken
in regard to him and calling upon him to submit within a specified time which
may not generally exceed one month such representation as he may wish to make
against the proposed action:
[Provided
that such representation shall be based only on the evidence adduced during the
inquiry.]
(ii)
(a) In every case in which it is necessary to consult the Commission the record
of the inquiry together with a copy of the notice given under clause (i) and
the representation made in response to such notice, if any, shall be forwarded
by the Disciplinary Authority to the Commission for its advice.
(b)
On receipt of the advice of the Commission the Disciplinary Authority shall
consider the representation, if any, made by the Government servant as
aforesaid, and the advice given by the Commission and determine what penalty,
if any, should be imposed on the Government servant and pass appropriate orders
on the case.
(iii)
In any case in which it is not necessary to consult the Commission the
Disciplinary Authority shall consider the representation, if any, made by the
Government servant in response to the notice under clause (i) and determine
what penalty, if any, should be imposed on the Government servant and pass
appropriate orders on the case.
(13) If the Disciplinary Authority having regard to its
findings is of the opinion that any of the penalties specified in items (i) to
(iv) of rule 11(1) should be imposed, it shall pass appropriate orders in the
case:
Provided
that in every case in which it is necessary to consult the Commission the
record of the enquiry shall be forwarded by the Disciplinary Authority to the
Commission for its advice and such advice taken into consideration before
passing the orders.
(14) Orders passed by the Disciplinary Authority shall be
communicated to the Government servant who shall also be supplied with a copy
of the report of the Inquiring Authority, and where the Disciplinary Authority
is not the Inquiring Authority, a statement of its findings together with brief
reasons for disagreement, if any, with the findings of the Inquiring Authority,
unless they have already been supplied to him, 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.
(15) The procedure referred to above shall be conducted
as expeditiously as the circumstances of the case may permit, particularly one
against an officer under suspension.
Rule - 16. Procedure for imposing minor penalties.-
(1)
No order imposing any of the penalties specified in items
(i) to (iv) of rule 11(1) shall be passed except after,
(a)
the Government servant is informed in writing of the
proposal to take action against him and of the allegations on which it is
proposed to be taken and given opportunity to make any representation he may
wish to make;
(b)
such representation, if any, is taken into consideration
by the Disciplinary Authority: and
(c)
the Commission is consulted in cases where such
consultation is necessary.
(2)
The record of proceedings in such case 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 allegations communicated to
him;
(iii)
his representation, if any;
(iv)
the advice of the Commission, if any; and
(v)
the orders of the case together with the reasons
therefor.
Rule - 17. Joint Inquiry.-
Where
two or more Government servants are concerned in any case, the authority
competent to impose the penalty of dismissal from service on all such
Government servants or a higher authority may make an order directing that
disciplinary action against all of them may be taken in a common proceedings
and specifying the authority which may function as the Inquiring Authority for the
purpose of such common proceedings.
Rule - [18. Special Procedure in certain cases.-
Notwithstanding
anything contained in rules 15, 16 and 17,
(i)
where a penalty is imposed on a Government servant on the
ground of conduct which had led to his conviction on a criminal charge; or
(ii)
where the Disciplinary Authority is satisfied for reason
to be recorded in writing that it is not reasonably practicable to follow the
procedure prescribed in the said rules; or
(iii)
where the Governor is [xxx]
satisfied that in the interest of the security of the State it is not expedient
to follow such procedure; the Disciplinary Authority or the Governor, as the
case may be, may consider the circumstances of the case and pass such orders
thereon as he deems fit:
Provided
that before passing such orders under clauses (1) and (ii) the Commission shall
be consulted in cases where such consultation is necessary under the rules:]
[Provided
further that where a Government servant is convicted on a criminal charge by a
criminal court and sentenced to imprisonment and/or with fine,-
(a)
he shall be dismissed or removed from service [xxx]
by invoking the provisions contained in item (a) of the second proviso to
clause (2) of Article 311 of the Constitution of India irrespective of the fact
that an appeal is pending or that the execution of sentence is suspended in
respect of the said conviction, and
[(aa)
before taking final decision in the matter, factors including the conduct of
the employee, gravity of misconduct, impact of misconduct on the
administration, and other extenuating circumstances, if any, taken into account
by the Government for taking its own decision as to whether the Government
servant is to be dismissed or removed from service or not. If it is decided to
dismiss or remove the Government servant from service, he shall be given
reasonable opportunity to show cause why his services should not be dismissed
or removed. Before passing final orders as per clause (a) above, the Commission
shall also be consulted.]
(b)
In case the said conviction is subsequently set aside in
appeal or otherwise and the Government servant is acquitted of the charges, the
order of dismissal or removal ceases to have effect and revised orders shall be
issued forthwith to reinstate him in service entitling him all the benefits to
which he would have been entitled had he been in service:
Provided
also that in case where conviction is on a summary trial for petty offences and
the sentence is for a fine up to Rupees Two Thousand only such conviction shall
not be treated as a conviction for the purpose of this rule and for the entry
into service or retention in service as the case may be.]
Rule - 19. Provisions regarding offices lent to other Governments, etc.-
(1)
Where the services of a Government servant are lent to
another Government-Central or State-or an authority subordinate thereto 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 disciplinary proceeding
against him:
Provided
that the borrowing authority shall forthwith inform the authority, which lent
his services (hereinafter in this rule referred to as "the lending
authority") 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
proceeding taken against the Government servant,
(i)
if the borrowing authority is of the opinion that any of
the penalties specified in items (i) to (iv) of rule 11 (1) should be imposed
on him, it may in 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 services of the Government servant-shall be
placed at the disposal of the lending authority,
(ii)
if the borrowing authority is of the opinion that any of
the penalties specified in items (v) to [(ix)]
of rule 11(1) should be imposed on him, it shall replace his services at the
disposal of the lending authority and transmit to it 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 sub-rules (11) and (12) of rule 15.
Explanation.-
The Disciplinary Authority may make an order under this clause on the record of
the inquiry transmitted by the borrowing authority or after holding such
further inquiry as it may deem necessary,
(3)
[In
case where the borrowing authority has not initiated disciplinary proceedings
against a Government servant before his services have been returned to the
lending authority for acts committed by him while serving under that authority,
the lending authority may, at its own motion or on the request of the
authority, to which the services of the Government servant had been lent,
initiate disciplinary proceedings against the Government servant in accordance
with these rules and impose any of the penalties specified in sub-rule (1) of
rule 11].
Rule - 20. Provisions regarding officers borrowed from other Governments etc.-
(1)
Where an order of suspension is made or a disciplinary
proceeding is taken against a Government servant whose services have been
borrowed from another Government-Central or State or an authority subordinate
thereto or a local or other authority, the authority lending his services
(hereinafter in this rule referred to as "the lending authority")
shall forthwith be informed of the circumstances leading to the order of his
suspension or the commencement of the disciplinary proceedings, as the case may
be.
(2)
In the light of the findings in the disciplinary
proceeding taken against the Government Servant,
(i)
if the Disciplinary Authority is of the opinion that any
of the penalties specified in items (i) to (iv) of rule 11 (1) should be
imposed on him, it may, subject to the provisions of sub-rule (12) of rule 15
and 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 services 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 items (v) to [(ix)]
of rule 11 (1) should be imposed on him it shall replace his services at the
disposal of the lending authority and transmit to it the proceedings of the
inquiry for such action as it deems necessary.
Part
VI
Appeals
Rule - 21. Orders not appealable.-
There shall be no appeal against any order
passed under the provisions of these rules except as expressly provided in
these rules.
Rule - 22. Appeals against orders of suspension.-
A Government servant may appeal against an
order of suspension to the authority to which the authority which made or is
deemed to have made the order is immediately subordinate.
Rule - 23. Appeals against orders imposing penalties.-
Every member of service-State or
Subordinate-shall be entitled to appeal as hereinafter provided against an
order,
(a)
imposing
upon him any of the penalties specified in rule 11 (1); or
(b)
discharging
him in accordance with the terms of his contract, if he has been engaged on a
contract for a fixed or for an indefinite period and has rendered under either
form of contract continuous service for a period exceeding five years at the
time when his services are terminated; to the authority to which the authority
imposing the penalty is immediately subordinate:
Provided that where an order is passed by the
Government, there shall be no appeal.
(c)
In
this rule the expression 'member of a service' includes a person who has ceased
to be a member of that service.
Note 1:- [A
member of [the
Kerala Civil Judicial Service or the Kerala Criminal Judicial Servicel or the
Kerala Judicial Ministerial Service or the Kerala Last Grade Service under the
Courts subordinate to the High Court shall be entitled to appeal to the
Government against an order passed by the High Court under these rules.]
[Note 2:- Tahsildars
working as Land Tribunals and the staff working under them shall be entitled to
appeal to the Land Board against an order passed by the District Collector
under these rules.]
Rule - 24. Appeal against other orders.-
(1)
A
Government servant may appeal against an order which, -
(a)
denies
or varies to his disadvantage his pay, allowances, pension, or other conditions
of service as regulated by any rules or by agreement; or
(b)
interprets
to his disadvantage the provisions of any such rules or agreement; to the
authority which made such rules or agreement.
(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)
determining
the pay and allowances for the period of suspension to be paid to a Government
servant on his reinstatement or determining whether or not such period shall be
treated as period spent on duty for any purpose, shall lie,-
(i)
In
the case of Gazetted servant to Government;
(ii)
in
the case of an order made in respect of any other Government servant to the
authority to whom the authority imposing the penalty is immediately
subordinate.
Explanation.- In this rule, the expression
'Government Servant' includes a person who has ceased to be in Government
Service.
Rule - 25. Period of limitation for appeals.-
No appeal under this Part shall be
entertained unless it is submitted within a period of two months from the date
on which the appellant receives a copy 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.
Note:- The appellate authority which receives
a copy of an appeal submitted direct should not take any action on such copy
until the period for receipt of the copy of the appeal forwarded through the
appropriate channel or a period of one month whichever is earlier, is over.
Rule - 26. Form and contents of appeal.-
(1)
Every
person submitting an appeal shall do so separately and in his own name.
(2)
The
appeal shall be addressed to the authority to whom the appeal lies, shall
contain all material statements and arguments on which the appellant relies,
shall not contain any disrespectful or improper language, and shall be complete
in it self.
Rule - 27. Submission of appeals.-
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 forward it forthwith to the said
authority:
Provided further that a copy of the appeal
may be submitted direct to the appellate authority.
Rule - 28. 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 rules 26 and 27; or (iii) It is
not submitted within the period specified in rule 25 and no cause is shown for
the delay; or
(iii)
It
is a repetition of an appeal already decided and no new facts or circumstances
are adduced; or
(iv)
It
is addressed to an authority to which no appeal lies under these rules:
Provided that an appeal withheld on the only
ground that it does not comply with the provisions of rules 26 and 27 shall be
returned to the appellant and, if re-submitted within one month thereof after
compliance with the said provisions shall not be withheld.
(2)
Where
an appeal is withheld, the appellant shall be informed of the fact and the
reasons therefor.
(3)
When
the appeal is withheld, the authority withholding the appeal shall forward a
copy of the order communicated to the Government servant to the appellate
authority.
Rule - 29. 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 28 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 28 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 - 30. No appeal from an order withholding an appeal.-
No appeal shall lie against the withholding
of an appeal by a competent authority.
Rule - 31. 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 11(1) the appellate authority shall consider,
(a)
whether
the facts on which the order was based have been established;
(b)
whether
the facts established afford sufficient ground for taking action;
(c)
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 of justice;
(d)
whether
the findings are justified; and
(e)
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 which neither such
authority nor the authority which made the order appealed against is competent
in the case to impose;
(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 items (v) to [(ix)]
of rule 11 (1) and an inquiry under rule 15 had not already been held in the
case, the appellate authority shall, subject to the provisions of rule 18,
itself hold such inquiry or direct that such inquiry be held and thereafter on
consideration of the proceedings of such inquiry and after giving the appellant
an opportunity of making any representation which he may wish to make against
such penalty, pass such orders as it may deem fit.
(3)
In
the case of an appeal against any order specified in rule 24, the appellate
authority shall consider all the circumstances of the case and pass such orders
as it may deem just and equitable.
Rule - 32. Implementation of orders on appeal.-
The authority which made the order appealed
against shall give effect to the orders passed by the appellate authority.
Rule - 33. Procedure when the authority who imposed the penalty becomes the appellate authority.-
Notwithstanding anything contained in this
Part, where the person who made the order appealed against becomes by virtue of
his subsequent appointment or otherwise, the appellate authority under rules 22
to 24 in respect of the appeal against such order, such person shall forward
the appeal to the authority to which he is immediately subordinate and such
authority shall in relation to that appeal, be deemed to be the appellate
authority for the purpose of rules 31 and 32.
Note.- An Officer of the Secretariat on
receiving an appeal to Government on a case which has been previously disposed
of by him in a different capacity shall forward it to the Secretary of the
Department or where he himself is the Secretary, to such officer as the Chief
Secretary may designate, for scrutiny and disposal according to the Rules of
Business.
Part
VII
Review
Rule - 34. State Government's power to review.-
Notwithstanding anything contained in these
rules, the State Government may, on their own motion or otherwise after calling
for the records of the case, review any order passed by [the
High Court as appellate authority under these rules in disciplinary proceedings
initiated against a member of [the
Kerala Civil Judicial Service or the Kerala Criminal Judicial Service] or the
Kerala Judicial Ministerial Service or the Kerala Last Grade Service referred
to in the Note to rule 23 of these rules or| [any
original order or order on appeal passed by a Subordinate authority] under
these rules or the rules repealed by rule 39 and, after consultation with the
Commission where such consultation is necessary,-
(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 they consider proper in the
circumstances of the case; or
(d)
pass
such other order as they deem fit:
Provided that,
(i)
an
order imposing or enhancing a penalty shall not be passed unless the person
concerned has been given an opportunity of making any representation which he
may wish to make against such enhanced penalty;
(ii)
if
the State Government propose-to impose any of the penalties specified in items
(v) to [(ix)]
of rule 11(1) on a case where an inquiry under rule 15 has not been held, they
shall, subject to the provisions of rule 18, direct that such inquiry be held
and thereafter on consideration of the proceedings of such inquiry and after
giving the person concerned an opportunity of making any representation which
he may wish to make against such penalty, pass such orders,. as they may deem
fit.
Rule - 35. Review of original orders.-
There shall be a review of original orders on
application of party, by Government. There shall be only one review and
application for review shall be made within a period of two months from the
date of the order:
[Provided that
Government may entertain an application made after the expiry of the said
period of two months, if they are satisfied that the applicant had sufficient
cause for not making the application within the period.]
Rule - 36. Powers of Government to call for records at any stage.-
The Government may call for the record of any
inquiry at any stage pending before any authority other than a Tribunal
appointed under these rules and may themselves conduct the inquiry or pass such
other orders in accordance with these rules, as they think fit having regard to
the circumstances of each case.
Rule - 37. Review of orders by appellate authorities.-
The authority to which an appeal against an
order imposing any of the penalties specified in rule 11(1) lies may, of its
own motion or otherwise, call for the records of the case in a disciplinary
proceedings, 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 application for review shall
be entertained after the expiry of a period of one month from the date of
passing the order:
Provided further that no action under this
rule shall be initiated more than one year after the date of the order to the
reviewed.
Part
VIII
Rule - 38. Submission of report.-
Every authority other than the Government
empowered to impose any of the penalties specified in rule 11(1) shall submit
to the Government in the administrative department concerned a quarterly
statement of cases where any of the aforesaid penalties have been imposed or
where a member of a service is suspended under rule 10. Every appellate
authority other than the Government shall likewise submit a quarterly statement
of cases disposed of to the Government in the administrative department.
[Provided that,
disciplinary authorities and appellate authorities subordinate to the Heads of
Departments shall forward such quarterly statements to the Heads of Departments
concerned who shall forward to Government a consolidated quarterly statement in
respect of all cases in their Departments as contemplated in that rule.]
Part
IX
Miscellaneous
Rule - 39. Repeal and Savings.-
(1)
The
Kerala Civil Services (Classification, Control and Appeal) Rules, 1957, are
hereby repealed:
Provided that,-
(a)
such
repeal shall not affect the previous operation of the said rules, notifications
and orders or anything done or any action taken there under;
(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 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.
Rule - [40.
Nothing contained in these rules shall apply
to the recovery of cost of correction or revision in survey work from the pay
of the concerned member of the Kerala Survey and Land Records Subordinate
Service.]
Rule - 41. Removal of doubts.-
Where a doubt arises as to the interpretation
of any of the provisions of these rules, the matter shall be referred to the
State Government whose decision thereon shall be final.
Schedule I
(See Rule 7)
Kerala State Services
|
1.
|
The Kerala
Agricultural Service
|
|
2.
|
The Kerala
Agricultural Income-tax and Sales-tax Service
|
|
3.
|
The Kerala
Animal Husbandry Service
|
|
3A.
|
The Kerala
Architectural Service
|
|
[3B.
|
The Kerala Civil
Judicial Service]
|
|
4.
|
The Kerala Civil
Service (Executive)
|
|
4A.
|
The Kerala Civil
Supplies Service
|
|
5.
|
The Kerala
Co-operative Service
|
|
5A.
|
The Kerala
Craftsman Training Service
|
|
[5AA.
|
The Kerala
Criminal Judicial Service]
|
|
5B.
|
The Kerala
Collegiate Education Service
|
|
5C.
|
The Kerala Dairy
Development Service
|
|
5D.
|
The Kerala Drugs
Control Service
|
|
[5E.
|
The Kerala
Electrical Inspectorate Service]
|
|
6.
|
[XXX]
|
|
7.
|
The Kerala
Engineering Service
|
|
8.
|
The Kerala
Excise and Prohibition Service
|
|
[8A.
|
The Kerala
Factories and Boilers Service]
|
|
9.
|
The Kerala Fire
Service
|
|
10.
|
The Kerala
Fisheries Service
|
|
11.
|
The Kerala
Forest Service
|
|
12.
|
The Kerala
General Service
|
|
[12A.
|
The Kerala
Geology Service]
|
|
12B.
|
The Kerala
General Education Service
|
|
13.
|
The Kerala
Government Presses Service
|
|
14.
|
The Kerala
Harijan Welfare Service
|
|
[4A.
|
The Kerala Harijan Welfare Tribal
Research and Training Centre Service]
|
|
15.
|
The Kerala
Health Service
|
|
[15A.
|
The Kerala State
Higher Judicial Service]
|
|
16.
|
The Kerala Hindu
Religious and Charitable Endowments Service
|
|
[16A.
|
The Kerala
Homoeopathic Service]
|
|
17.
|
The Kerala
Industries Service
|
|
[17 A.
|
xxx]
|
|
18.
|
The Kerala Jail
Service
|
|
[18A.
|
XXX]
|
|
19.
|
The Kerala
Labour Service
|
|
20.
|
The Kerala Local
Fund Audit Service
|
|
[20A.
|
The Kerala
Lotteries Service
|
|
20B.
|
The Kerala
Medical Education Service]
|
|
21.
|
The Kerala
Municipal Commissioner's Service
|
|
21 A.
|
The Kerala
National Employment Service]
|
|
[22.
|
The Kerala
National Savings Service
|
|
22A.
|
The Kerala Port
Service
|
|
[22AA.
|
The Kerala
Panchayat Service]
|
|
23.
|
The Kerala
Public Health Engineering Service
|
|
[23A.
|
The Kerala
Public Health Nursing Service]
|
|
24.
|
The Kerala
Public Relations Service
|
|
25.
|
The Kerala
Registration Service
|
|
26.
|
The Kerala
Revenue Service
|
|
27.
|
The Kerala
Secretariat Service
|
|
[27A.
|
The Kerala
Social Welfare Service]
|
|
[27B.
|
The Kerala Soil
Conservation Service
|
|
28.
|
The Kerala State
Transport Service
|
|
29.
|
The Kerala
Stationery Service
|
|
29A.
|
The Kerala State
Insurance Service
|
|
30.
|
The Kerala
Statistics and Economics Service
|
|
[30A.
|
XXX]
|
|
31.
|
The Kerala
Survey and Land Records Service
|
|
31 A.
|
The Kerala
Technical Education Service
|
|
31B.
|
The Kerala
Tourist Service
|
|
[31C.
|
The Kerala Town
Planning Service]
|
|
32.
|
[xxx]
|
|
32A.
|
The Kerala
Treasury Service
|
|
32B.
|
The Kerala Water
Transport Service
|
|
[33.
|
The Kerala
Weights and Measures Service]
|
Schedule II
(See
Rule 8)
Kerala Subordinate Services
|
1.
|
The Kerala
Agricultural Subordinate Service
|
|
2.
|
The Kerala
Agricultural Income-tax and Sales-tax Subordinate Service
|
|
3.
|
The Kerala
Animal Husbandry Subordinate Service
|
|
4.
|
The Kerala Archaeological
Subordinate Service
|
|
4A.
|
The Kerala
Architectural Subordinate Service
|
|
4B.
|
The Kerala Civil
Supplies Subordinate Service
|
|
5.
|
The Kerala
Co-operative Subordinate Service
|
|
5A.
|
The Kerala
Craftsmen Training Subordinate Service
|
|
5B.
|
The Kerala Collegiate
Education Subordinate Service
|
|
5C.
|
The Kerala Dairy
Development Subordinate Service
|
|
5D.
|
The Kerala Drugs
Control Subordinate Service
|
|
[5E.
|
The Kerala
Electrical Inspectorate Subordinate Service]
|
|
6,
|
[xxx]
|
|
7.
|
The Kerala
Engineering Subordinate Service
|
|
8.
|
The Kerala
Excise and Prohibition Subordinate Service
|
|
[8A.
|
The Kerala
Factories and Boilers Subordinate Service]
|
|
9.
|
The Kerala Fire
Subordinate Service
|
|
10.
|
The Kerala
Fisheries Subordinate Service
|
|
11.
|
The Kerala
Forest Subordinate Service
|
|
12.
|
The Kerala
General Subordinate Service
|
|
[12A.
|
The Kerala
Geology Subordinate Service]
|
|
12B.
|
The Kerala
General Education Subordinate Service
|
|
13.
|
The Kerala
Government Presses Subordinate Service
|
|
14.
|
The Kerala
Harijan Welfare Subordinate Service
|
|
[14A.
|
The Kerala
Harijan Welfare Tribal Research and Training Centre Subordinate Servicel
|
|
15.
|
The Kerala
Health Subordinate Service
|
|
[15A.
|
The Kerala
Homoeopathic Subordinate Service]
|
|
16.
|
The Kerala
Industries Subordinate Service
|
|
16A.
|
The Kerala Indigenous
Medicine Subordinate Service
|
|
17.
|
The Kerala Jails
Subordinate Service
|
|
18.
|
The Kerala
Judicial Ministerial Service
|
|
19.
|
The Kerala
Labour Subordinate Service
|
|
20.
|
The Kerala Last
Grade Service
|
|
21.
|
The Kerala Local
Fund Audit Subordinate Service
|
|
[21A.
|
The Kerala
Lotteries Subordinate Service]
|
|
21B.
|
The Kerala
Medical Education Subordinate Service
|
|
22.
|
The Kerala
Ministerial Subordinate Service
|
|
22A.
|
The Kerala
Museum and Zoos Subordinate Service
|
|
23.
|
The Kerala
National Employment Subordinate Service 23A. The Kerala Port Subordinate
Service
|
|
23B.
|
The Kerala
Panchayat Subordinate Service
|
|
23C.
|
The Kerala
Part-time Contingent Service
|
|
24.
|
The Kerala
Public Health Engineering Subordinate Service
|
|
[24A.
|
The Kerala
Public Health Nursing Subordinate Service]
|
|
25.
|
The Kerala
Public Relations Subordinate Service
|
|
26.
|
The Kerala
Registration Subordinate Service
|
|
27.
|
The Kerala
Revenue Subordinate Service
|
|
28.
|
The Kerala
Secretariat Subordinate Service
|
|
[28A.
|
The Kerala
Social Welfare Subordinate Service]
|
|
[28B.
|
The Kerala Soil
Conservation Subordinate Service]
|
|
29.
|
The Kerala
Stationery Subordinate Service
|
|
30.
|
The Kerala
Statistics and Economics Subordinate Service
|
|
[30A.
|
xxx]
|
|
31.
|
The Kerala State
Transport Subordinate Service
|
|
32.
|
The Kerala
Survey and Land Records Subordinate Service
|
|
32A.
|
The Kerala
Technical Education Subordinate Service
|
|
33.
|
[xxx]
|
|
33A.
|
The Kerala
Tourist Subordinate, Service
|
|
33B.
|
The Kerala Town
Planning Subordinate Service
|
|
33C.
|
The Kerala
Treasury Subordinate Service
|
|
33D.
|
The Kerala Water
Transport Subordinate Service
|
|
[34.
|
The Kerala
Weights and Measures Subordinate Service]
|
Appendix
(See
Rule 12)
|
Posts
|
Penalties
|
Authority which
may impose the penalties
|
|
(1)
|
(2)
|
(3)
|
|
The Kerala Jails
Service
|
|
Superintendents
and Jailors of Central Jail
|
Reprimand
|
Deputy Inspector
General of Prisons or Inspector General of Prisons.
|
|
The Kerala Jails
Subordinate Service
|
|
1. Dy. Jailors
of Central Jails, Jailors, Special Sub Jails.
|
Reprimand
|
Superintendents
of Central Jail or Special Sub Jail, as the case may be.
|
|
2. Sub Jail
Superintendents
|
Reprimand or
removal from office of special emoluments
|
Dy. Inspector
General of Prisons or Inspector General of Prisons.
|
|
3. Assistant
Jailors I and II Grades
|
Removal from office
of-special emoluments Reprimand
|
Dy. Inspector
General of Prisons or Inspector General of Prisons. Superintendents of
Central Jail, Special Sub Jail or Borstal School, as the case may be.
|
|
4. Chief
Warders, Gate Keepers, Reserve Head Warders and Head Warders
|
Removal from
office of special emoluments Reprimand or black mark
|
Dy. Inspector
General of Prisons or Inspector General of Prisons. Superintendents of
Central Jails, Special Sub Jails A Class Sub Jails or Borstal School, as the
case may be.
|
|
5 Warders I and
II Grades
|
Petty
punishments such as extra drill, extra guard & fatigue duty; reprimand or
black mark. Removal from office of special emoluments
|
Superintendents
of Central Jails, Special Sub Jails, A Class Sub Jails or Borstal School, as
the case may be. Dy. Inspector General of Prisons or Inspector General of
Prisons.
|
|
|
|
|
Note-
1. None of the penalties specified in the Appendix shall be imposed except for
good and sufficient reasons.
2.
No appeal shall lie against any of the said penalties.