Notwithstanding anything contained in 2[rules 11 to 13-]
(i) where a penalty is imposed on a Government servant on the ground of conduct which has led to his conviction on a criminal charge;
or
(ii) where the officer concerned has absconded, or where the officer concerned does not take part in the inquiry or where for any reasons to be recorded in writing it is impracticable to communicate with him, or where the Disciplinary Authority, for reasons to be recorded in writing, is, satisfied that it is not reasonably practicable to follow the procedure prescribed in the said rules; or
(iii) where the Governor is satisfied that in the interest of the security of the State it is not expedient to follow such procedure, The Disciplinary Authority may pass such orders thereon as it deems fit;
Provided that the Commission shall be consulted before passing such an order in any case for which such consultation is necessary.
1. Inserted by Notification No. GAD 28 SSR 69, dated 12-12-1973 (KGD dated 24-1-1974)
2. Substitued by GAD 28 SSR 69 dated 12-12-1973 w.e.f. 24-1-1974.
31 IInd Proviso 2[xxx] 1[*14.A. Procedure in cases entrusted to the Lokayukta:
(1) The provisions of sub-rule (2) shall, notwithstanding anything contained in rule 9 to 11A and 13, be applicable for purposes of proceeding against Government Servants whose alleged misconduct has been investigated into by the Lokayukta or an Upalokayukta either under the provisions of the Karnataka Lokayukta Act, 1984 or on a reference from Government. 3["or where offences alleged against them punishable under the Prevention of Corruption Act, 1947, or the Prevention of Corruption Act, 1988 has been investigated by the Karnataka Lokayukta Police before 21st day of December, 1992."]
(2) (a) Where on investigation into any allegation against
(i) a member of the State Civil Services Group-A or Group-B, or
(ii) a member of the State Civil Services Group-A or Group-B and a member of the State Civil Services Group-C or Group-D or
(iii) a member of the State Civil Services Group-C or Group-D.
4["the Lokayukta or the Upa-lokayukta or, (before the twenty first day of December, 1992), the Inspector General of Police of the Karnataka Lokayukta Police is of the opinion"] that disciplinary proceedings shall be taken, he shall forward the record of the investigation along with his recommendation to the Government and the Government, after examining such record, may either direct an inquiry into the case by the Lokayukta or the Upalokayukta or direct the appropriate Disciplinary Authority to take action in accordance with rule 12.
1. * Substituted by Notification No. DPAR 5 SDE 86, dated 7-5-1986.
2. Ommited by Notification No. DPAR 15 SDE 95, dated 22-3-1995 (w.e.f. 25-3-1996)
3. Inserted by Notification No. DPAR 9 SDE 92, Dated 21-1-1997 (w.e.f.
15-1-1986).
4. Substituted by Notification No. DPAR 9 SDE 92, dated 21-1-1997 (w.e.f. 15-1-1986).
32
(b) Where it is proposed to hold an inquiry into a case under clause (a) the enquiry may be conducted either by the Lokayukta or the Upalokayuka, as the case may be, or an officer on the staff of the Lokayukta authorised by the Lokayukta, or the Upalokayukta to conduct the inquiry;
Provided that the inquiry shall not be conducted by an officer lower in rank than that of Government servant against whom it is held.
Provided further that an inquiry against a Government Servant not lower in rank than that of a Deputy Commissioner shall not be conducted by any person other than the Lokayukta or the Upalokayukta or an Additional Registrar (Inquiries).
Provided also that an officer on the staff of the Lokayukta authorised to conduct an inquiry under clause (b) shall not have the power to appoint another officer to conduct it wholly or in part.
(c) The Lokayukta, the Upalokayukta or the Officer authorised under clause (b) to conduct an inquiry shall conduct it in accordance with the provisions of rule 11 in so far as they are not inconsistent with the provisions of this rule and for that purpose shall have the powers of the Disciplinary Authority referred to in the said Rule.
(d) After the inquiry is completed, the record of the case along with the findings of the Inquiring Officer and the recommendation of the Lokayukta or the Upalokayukta, as the case may be, shall be sent to the Government.
(e) On receipt of the record under clause (d) the Government shall take action in accordance with the provisions of 1[xxx] rule 11A and in all such cases the Government shall be the Disciplinary Authority competent to impose any of the penalties specified in rule 8.
(3) Nothing in sub-rule (1) shall be applicable to members of the Karnataka Judicial Service or Government servants under the
1. Omitted by Notification No. DPAR 37 SDE 2001, dated 26-12-2001 (w.e.f. 31-12-2001) (KGD 31-12-2001).
33 administrative control of such members or of the High Court of Karnataka.
(Explanation.- In this rule, the expressions 'Lokayukta' and 'Upalokayukta' shall respectively have the meaning assigned to them in the Karnataka Lokayukta Act, 1984)."] 1["and the expression 'Karnataka Lokayukta Police' means the Police Wing established under Section 15 of the Karnataka Lokayukta Act, 1984 and includes, so far as may be, the corresponding establishment under the Karnataka State Vigilance Commission Rules, 1980, and the Expression "Inspector General of Police" shall be construed accordingly".]