(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- 1[(a) "Where there is prima facie evidence to show that he was caught red-handed while accepting gratification other than legal remuneration by the persons authorised to investigate under the provisions of the Prevention of Corruption Act, 1988 or under any other law;
(b) where a charge sheet is filed before the 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."]1
1. Substituted by Notification No. DPAR 4 SDE 2000, dated 15-4-2002 (w.e.f. 15-4-2002).
13 " Provided that, where the order of suspension is made by an authority empowered by Government in this behalf which is lower than the appointing authority, such authority shall forthwith report to the appointing authority the circumstances in which the order was made".
1[(2) 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 this 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".]
2["(3) 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."] 3[(4) xxx]
1. Substituted by Notification No. GAS 28 SSR 69, dated 12-12-1973 KGD dated 24-1-1974.
2. Substituted by Notification No. DPAR 4 SDE 2000, dated 15-4-2002 (w.e.f. 15-4-2002).
3. Omitted by Notification No. DPAR 4 SDE 2000, dated 15-4-2000 (w.e.f. 15-4-2002).
14 1[(5) (a) An order of suspension made or deemed to have been made under this rule shall continue to remain in force until it is modified or revoked by the authority competent to do so.
(b) Where a Government servant is suspended or is deemed to have been suspended (whether in connection with any disciplinary proceeding or otherwise), and any other disciplinary proceeding is commenced against him during the continuance of that suspension, that authority competent to place him under suspension may, for reasons to be recorded by him in writing, direct that the Government servant shall continue to be under suspension until the termination of all or any of such proceedings.
(c) An order of suspension made or deemed to have been made under this rule may at any time be modified or revoked by the authority which made or is deemed to have made the order or by any authority to which that authority is subordinate.]1
(6) Where a Government servant has been suspended by an authority other than Government and final orders in the inquiry pending against him have not been passed within a period of six months from the date of order of suspension, the case shall be reported to Government for such orders as it may deem fit.
(7) * * *
(8) Notwithstanding anything contained in sub-rule (1) the following authorities may impose suspension pending inquiry, as hereunder:- Class of member of the Authority which may State Civil Service impose suspension
(i) Members of the Karnataka Judicial Service High Court of Karnataka **[(ii) Tahsildar Grade-II Principal Secretary/ Secretary to Government, Revenue Department.]
1. Substituted by Notification No. GAD 28 SSR 69, dated 12-12-1973 KGD 24-1-1974.
* * * Omitted vide Notification No. GAD 18 SSR 74 dated 6-8-1974 w.e.f.
29-8-1974.
* * Substituted vide Notification No. DPAR 9 SDE 2003, dated 13-11-2003.
KGD 11-12-2003.
15
(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 and 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.
(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 powers of suspension of Group C and D officials of the Karnataka Secretariat Service working under their administrative control. Vide notification No. GAD 38 SSR 74(I) dated 19th October, 1974.
(5) Major Head of Departments specified in Appendix I of KCSRs are empowered to suspend Group B officers vide Notification No. DPAR 34 SSR 74, dated 3rd September 76.
1[(6) 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].
2[(7) 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 a Group 'C' or 'D' post and working under their control.]
3[(8) The Commissioner for Health and Family Welfare Services is empowered to place under suspension the General Duty Medical Officers.
1. Inserted under Notification No. DPAR 15 SDE 96, dated 20-6-1997.
2. Inserted under Notification No. DPAR 7 SDE 99, dated 14-3-2000.
3. Inserted under Notification No. DPAR 26 SDE 2001, dated 7-12-2001 16 1[(9) Commissioner for Public Instructions is empowered to place under suspension Group 'A' Junior Scale Officers of the Department of Public Instructions] 2 [ x x x] 3[10](a) The Commissioner for Health and Family Welfare Services is empowered to place under suspension any Government servant hold ing a post carrying a scale of pay upto and inclusive of the scale of pay of Rs. 10620- 14960 (as may be revised from time to time) belonging to the Health and Family Welfare Department Services; and
(b) 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
1. Chief Administrative Officer, Directorate of Health and Family Welfare Services.
2. District Health and Family Welfare Officer.
3. District Surgeon
4. Principal, Health and Family Welfare Training Centre.
5. Principal, District Training Centre
6. Superintendent, K.C.G. Hospital, Bangalore
7. Superintendent, Jayanagar General Hospital, Bangalore
8. Superintendent, Chest and T.B. Hospital, Bangalore
9. Superintendent, HSIS Gosha Hospital, Bangalore
10. District Officer
1. Inserted under Notification No. DPAR 29 SDE 2002, dated 4-2-2003.
2. Omitted by Notification No. DPAR 6 SDE 2004, Dated 16-7-2004 (KGD 12-8-2004)
3. Inserted under Notification No. DPAR 11 SDE 2002(1), dated 19-6-2002.
17 Table-II Department of Medical Education
1. Chief Administrative Officer, Directorate of Medical Education.
2. Superintendent, Bowring and Lady Curzon Hospital, Bangalore.
3. Superintendent, Victoria Hospital, Bangalore
4. Superintendent, Vanivalas Hospital, Bangalore
5. Superintendent, Minto Hospital, Bangalore
6. Principal, Government Dental College, Bangalore
7. Principal, Bangalore Medical College, Bangalore
8. Superintendent, K.R. Hospital, Mysore
9. Superintendent, Cheluvamba Hospital, Mysore.
10. Superintendent, P.K.T.B. Hospital, Mysore
11. Superintendent, C.G. Hospital, Davangere
12. Superintendent, Women and Children Hospital, Davangere
13. Superintendent, Government Wenlock Hospital, Mangalore
14. Superintendent, Lady Goshen Hospital, Mangalore
15. Superintendent, Mental Hospital, Dharwad.]
**[16. Superintendent, SDS Tuberculosis and chest Diseases Hospital, Hosur Road, Bangalore.
17. Principal, Mysore Medical College, Mysore.
18. Principal, Rajiv Gandhi Chest Diseases Hospital, Bangalore.]
* * * * * * * "*[10A. Authority to institute proceedings.-
(1) The Governor or any other authority empowered by him by general or special order may,- * Inserted under Notification No. GAD 28 SSR 69, dated 12th December 1973, Under rule 10A, Secretaries to Government, are empowered for the purpose of the said rule. Vide Notification No. GAD 38 SSR 74 (ii) dated 19th October 1974.
** Inserted vide Notification No. DPAR 21 SDE 2003 (I) dated 1-1-2004.
18
(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 (iva) 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".]
**[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 misbehaviours against a Government servant, it may itself inquire into, or appoint under this rule an authority to inquire into the truth thereof.
1[*Proviso-Omitted]
Explanation.- Where the Disciplinary Authority itself holds the inquiry, any reference in sub-rule (7) to sub-rule (20) and in sub-rule
(22), to the Inquiring Authority shall be construed as a reference to the Disciplinary Authority.
** Substituted by Notification No. GAD 28 SSR 69 dated, 12-12-1973 KGD 21-1-1974.
* Inserted by Notification No. DPAR 5 SDE 86, Dated 7-5-86.
1. Omitted by Notification No. DPAR 4 SDE 2000, dated 15-4-2002 (w.e.f. 15-4-2002) (KGD 15-4-2002).
19
(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 misbehaviour into definite and distinct articles of charge;
(ii) a statement of the imputations of misconduct or misconduct 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 articles of charge are proposed to be sustained.
(4) The Disciplinary Authority shall deliver or cause to be delivered to the Government servant a copy of the articles of charge, the statement of the imputations of misconduct or misbehaviour 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 articles of charge or may, if it considers it necessary to do so, appoint, under sub-rule (2) an inquiry Authority for the purpose.
20
(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 the "Presenting Officer" to present on its behalf the case in support of the articles of charge.
(6) The Disciplinary Authority shall, where it is not the Inquiring Authority, forward to the Inquiring Authority.
(i) a copy of the articles of charge and the statement of imputations of misconduct or misbehaviour;
(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".
1["*Proviso omitted]
(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 articles of charge and the statement of the imputations of misconduct or misbehaviour, 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.
* Added by Notification No. DPAR 25 SDE 82, Dated 23-8-83 and DPAR 5 SDE 86, dated 7-5-86.
1. Omitted by Notification No. DPAR 4 SDE 2000, dated 15-4-2002 (w.e.f. 15-4-2002) (KGD 15-4-2002) 21 *(8) The Government servant may take the assistance of any other Government servant 1[or a retired Government servant] 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.
* 2[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.]
(9) If the Government servant who has not admitted any of the articles 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 articles 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);
1. Amended Notification No. DPAR 41 SDE 84, Dated 17-6-85 (KGD 11-7-1985).
2. Inserted by DPAR 41 SDE 84, dated 17-6-85.
22
(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 subrule (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 document 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 23 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.
24
(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 crossexamination 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 (iva) of rule 8 but not competent to impose any of the penalties specified in clauses (v) to 25
(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.
1["(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
1. Inserted by Notification No. DPAR 19 SDE 95, Dated 7-3-2002 (w.e.f.
11-4-2002).
26 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."]
(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 misbehaviour;
(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- 27
(a) the report prepared by it under clause (i);
(b) the written statement of defence, if any submitted by the Government servant;
(c) the oral and documentary evidence produced in the course of the inquiry;
(d) written briefs, if any, filed by the Presenting Officer or the Government servant or both during the course of the inquiry;
and
(e) the orders, if any made by the Disciplinary Authority and the Inquiring Authority in regard to the inquiry.