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DEPARTMENTAL ENQUIRY
Frequently asked questions
about Departmental Enquiry under the Karnataka Civil Service (Clarification,
Control and Appeal) Rules 1957.
Sl. |
Question |
Answer |
1 |
When a departmental enquiry is initiated against a Government servant? |
A departmental enquiry will be initiated for the Misconduct of Government Servant. Misconduct includes violation of conduct Rules prescribed under KCS(CCA) Rules 1957. |
2 |
The competent authorities to institute disciplinary proceedings against the Government servant. |
1)The Governor or any other authority
2) A Disciplinary Authority competent to impise any of the penalties specified in clause (i) to (iv-a) of Rule 8 may institute disciplinary proceedings against any Government servant. (Rule-10(A) ) |
|
ii) Which are the major
|
Before imposing the major penalties as specified in Sub-rule (v) to (viii) of Rule 8, the procedure specified in Rule 11- of KCS(CCA) Rules 1957 is to be followed at first instance. Thereafter action as per Rule 11-A is to be taken.
Sub Rule (v) to (viii) of Rule 8 are clasified as major penalties. |
4 |
1)Which are the minor |
Sub-rule (i) to (iv-a) of Rule 8 are classified as
minor penalties. |
5
|
What is Articles of charges and what are its contents?
|
Departmental Proceedings Commence with the issue of
articles charges i.e. Annexure I to IV the Government
servant. Article of Charges should contain the following:- |
5A |
Who can prepare Articles of charges ? |
Annexure-II. Statement of imputation of |
6 |
Whether Incharge authorities can issue Articles of charge ? |
The person holding additional charge of an officer or disciplinary authority is not competent to issue charge memo.(Rule-11(4).) |
7 |
Who is competent to appoint Enquiry officer and Presenting Officer? |
The Government or the Disciplinary Authority is competent to appoint Enquiry Authority under Rule 11(2) and Presenting Officer under Rule 11(5) (C) OF KCS(CCA) Rules 1957. |
8 |
The documents which are to be given to the Enquiry Officer by the Disciplinary Authority? |
The following documents are to be given to the Enquiry Officer.
(Rule-11(6). |
9 |
Can the alleged Government servant take the assistance of another Government servant ? |
The alleged Government servant can take the assistance of another Government servant or retired Government servant for defending his case before the enquiry authority.(Rule-11(8). But retired Govt. servant should not be legal practioner. |
10 |
Whether the alleged Government servant can engage a legal Practitioner? |
Alleged Government servant cannot engage legal practitioner. But if the presenting Officer is a legal Practioner, the Enquiry Officer may permit the alleged Government servant to engage Legal Practioner. (Rule 11(8) and Rule 28.) |
11 |
The action to be taken by the Enquiry officer in the preliminary hearing? |
1)The Enquiry Authority has to ask the charged
Government servant Whether he has received the article of charges? if
so. |
12 |
Who is to lead the charged witnesses ? |
It is the Presenting Officer to lead the charged witnesses (Rule -11(14). |
13 |
Whether the Presenting officer can produce new evidences? |
Normally , the Presenting Officer cannot be allowed to produce the evidences not mentioned in the annexure-IV. But, if there is any inherent lacuna in the evidence already produced, the Enquiry Officer may allow on the request of the Presenting Officer to produce new evidence. (Rule 11(15) ) |
14 |
What is the procedure to produce the documents listed in annexure-III in the enquiry? |
The Presenting Officer has to produce the documents listed in annexure-III of the articles of charges in the course of Examination of witnesses with his analysis about the documents (Rule 11(14) ). |
15 |
Commencement of defense. |
After completion of presentation of case by the presenting officer on behalf of disciplinary authority, the alleged official has to state in his defense orally or in writing. He may examine himself on his own behalf if he so desires.(Rule 11(16)(17) ). |
16 |
Submission of Enquiry report. |
On completion of the enquiry, the
|
17 |
Can the Enquiry Officer recommend penalty? |
The Enquiry officer shall not recommend penalties. |
|
Action on the enquiry report |
|
19 |
Joint Enquiry. |
Where 2 or more Government servants are involved in a case, a joint enquiry can be instituted (Rule 13(1). |
20 |
Who can institute the Joint enquiry? |
The Govt. or any authority competent to impose the penalty of dismissal from service on all such Government servants may make an order directing disciplinary action against all of them. (Rule-13(1)). |
21 |
Is there any time limit to complete the disciplinary proceedings? |
As per the Government circular No.DPAR/19/SDE/2001 ¸Dated:28.6.2001 the disciplinary proceedings is to b e completed within a period of 9 months. |
22 |
What are appeal provisions? |
An appeal can be preferred against the orders to the appellate authority. (Rule-21). |
23 |
What is the limitation period for appeal. |
An appeal is to be preferred within 3 months from the date of order appealed against(Rule-20). |
24 |
To whom appeal is to be submitted? |
An appeal is to be submitted to the appellate authority through the authority which passed the order (Rule-22). |
25 |
Whether Disciplinary Authority can hold with such appeal? |
Yes. As per Rule 23, the Disciplinary authority can withhold the appeal;
|
26 |
Under what provision the Disciplinary Authority transmits the appeal ? |
As per Rule 24 of KCS (CC&A) Rules 1957, the Disciplinary Authority has to transmit the appeal with connected records. |
27 |
What are methods of service of Notice/Orders? |
Notice/Orders are required to be served (Rule 28A)
|