1

Karnataka Civil Services

(Classification, Control and Appeal)
Rules, 1957
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GOVERNMENT OF KARNATAKA

GENERAL ADMINISTRATION DEPARTMENT

NOTIFICATION

No. GAD (OM)-1 CAR 57, Bangalore,

Dated: 10th December 1957

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

PART-I GENERAL

1. Short title and commencement, -

(a) These rules may be called the Karnataka Civil Services (Classification,
Control and Appeal) Rules, 1957
(b) They shall come into force at once.

2. Interpretation, -In these rules, unless the context otherwise requires-

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

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

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

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

- whichever authority is the highest authority;

(b) “Commission” means the “Karnataka Public Service Commission”;

(c) “Disciplinary Authority” in relation to the imposition of a penalty on a

Government Servant means the authority competent under these rules to impose
on him that penalty;

(d) “Government Servant” means a person who is a member of the Civil Services
of the State of Karnataka or who hold a Civil post in connection with the affairs of
 3

the State of State of Karnataka and includes any person whose services are
temporarily placed at the disposal of the Government of India, the Government of
another State, a local authority, any person or persons whether incorporated or
not and also any person in the service of the Central or another State
Government or a local or other authority whose services are temporarily placed at
the disposal of the Government of Karnataka.

(e) “Governor” means the Governor of Karnataka;

1[xxx ]

(f) “Schedule” mean the Schedules to these rules;

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

………………………………………………………………………………………………………………

1. Omitted by Notification No: GAD 28 SSR 1969, Dated: 12.12.1973, KGD 24.01.1974

3. Application, -
(1) These rules apply to all Government Servants except:-

1[(a)Persons employed in any Industrial undertaking of the Government other

than the Government Central Press, Bangalore and other Divisional, District
Presses, Stationary Depots and Book Depots to whom the provisions of the
Industrial Employment (Standing Orders) Act, 1946 (Central Act XX of 1946),
are applicable.]1

(b) Persons in casual employment;

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

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

(e) Members of the All India Services.

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

(3) Notwithstanding anything contained in sub-rule (1), the Governor may, by

notification published in the Official Gazette, exclude, from the operation of all or
any of these rules, the holder of any post or the holders of any class of posts to
 4

whom the Governor shall declare that the rules cannot suitably be applied and
such rules shall there upon, to the extent of such exclusion, cease to apply;

Provided that no such declaration shall be made in respect of a holder of a

pensionable post or a whole time permanent post.

(4) If any doubt arises –

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

(b) As to whether any person to whom these rules apply belongs to be a

particular service, or as to which service of two or more services such person
belongs, the matter shall be referred to the Governor, whose decision thereon
shall be final.

……………………………………………………………………………………………………………..

1. Substituted by Notification No: DPAR 13 SDE 2007, Dated: 12.05.2008 KGD

14.05.2008

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

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

PART-II CLASSIFICATION

1[5. Classification of Services, -

(1) The Civil Services of the State of Karnataka shall be classified as follows:-

(i) State Civil Services, Group A

(ii) State Civil Services, Group B

(iii) State Civil Services, Group C and

(iv) State Civil Services, Group D

(2) If a service consists of more than one grade, different grades may be included in
different groups.

2[3 In the State Civil Services

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

(b) Group “B” shall consist of posts carrying the scale of pay of Rupees 40900-
1100-46400-1250-53900-1450-62600-1650-72500-1900-78200 and above, but
 5

below the scale of pay of Rupees 52650-1250-53900-1450-62600-1650-72500-

1900-83900-2200-97100

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

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

Explanation:- For the purpose of this sub-rule scale of pay means the revised
scales of pay specified in respect of various posts in the Karnataka Civil
Services (Revised Pay) Rules, 2018 and related orders] 2

Note, - All references to State Civil Services Class I, Class II, Class III and Class
IV in these rules and in all other rules, orders, schedules, notifications,
regulations or instructions in force, immediately before the commencement of
these Rules, shall be construed as reference to the State Civil Group A, Group
B, Group C and Group D respectively and any reference to “Class or Classes”
therein in this context shall be construed as reference to “Group or Groups” as
the case may be.]1

………………………………………………………………………………………………………………………………………………………………………………

1. Substituted by Notification No. DPAR 70 SSR 1979, Dated, 15.06.1981

2. Substituted by Notification No. DPAR 27 SDE 2018, Dated; 08.04.2019

6. Constitution of State Civil Services:-

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

PART-III APPOINTING AUTHORITIES

7. Appointments to State Civil Services:-

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

Provided that, where, in respect of any posts under State Civil Services
Group B, any other appointing authority is specified, first appointments to such
posts shall be made by the authority so specified.
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(2) All first appointments to the State Civil Services Groups C and D shall be
made by the authorities mentioned in column 2 of Schedules II and III. 1[xxx]

………………………………………………………………………………………………………………

1. Omitted by Notification No. GAD 50 SSR 74, Dated; 02.09.1975

Part IV – DISCIPLINE –PENALTIES

8. Nature of penalties, -
2[One or more of the following penalties] 2for good and sufficient reasons and as
hereinafter provided, may be imposed on Government servants, namely, -

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

(ii) Censure;

2[(iii) Withholding of increments;

(iiia) Withholding of promotion] 2

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

6[Note:The words “pecuniary loss” shall mean and include interest from the date
of causing such loss, at eight percent per annum on the loss caused by the
Government Servant.]6

4[(iv-a)Reduction to a lower stage in the time scale of pay for a period with a
specific direction as to whether or not the Government servant will earn
increments of pay during the period of such reduction with reference to the
reduced pay or whether the pay shall remain constant and with a further
direction whether on the expiry of the period of penalty the reduction will or will
not have the effect of postponing the future increments of his pay;] 4

2[(v)Reduction to a lower time scale of pay, grade, post or service which shall,
unless otherwise directed, be a bar to the promotion of the Government servant
to the time scale of pay, grade, post or service from which he was reduced, with
or without further directions regarding :-

(a) Seniority and pay in the scale of pay, grade, post or service to which the
Government servant is reduced.
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(b) Conditions of restoration to the scale of pay grade or post of service from
which the Government servant was reduced and his seniority and pay on such
restoration to that scale of pay, grade, post or service;]2

(vi) Compulsory retirement;

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

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

1[Providedthat in the absence of special and adequate reasons to the contrary to

be mentioned in the order of the disciplinary authority, no penalty other than
those specified in clauses (vi) to (vii) shall be imposed for an established charge of
corruption.]1

3&5[Explanation 1]3, - For purposes of this proviso the expression “corruption”

shall have the meaning assigned to the expression “Criminal misconduct by a
public servant” in section 13 of the Prevention of Corruption Act, 1988 (Central
Act 49 of 1988)]5

3[Explanation 2]3, - The following shall not amount to a penalty within the
meaning of this rule:-

(i) Withholding of increments of a Government servant for failure to pass a

departmental examination in accordance with the rules or orders governing
the Service or post or the terms of his appointment;
(ii)Stoppage of a Government servant at the efficiency bar in the time scale on
the ground of his unfitness to cross the bar;
(iii) Non-promotion, whether in a substantive or officiating capacity of a
Government servant after consideration of his case, to a Service, grade or
post for promotion to which he is eligible;
(iv) Reversion to a lower service, grade or post of a Government servant
officiating in a higher service, grade or post on the ground that he is
considered, after trial to be unsuitable for such higher service, grade or post
or on administrative grounds unconnected with his conduct (such as the
return of the permanent incumbent from leave or deputation, availability of a
more suitable officer and the like);
(v) Reversion to his permanent service, grade or post of a Government servant
appointed on probation to another service, grade or post during or at the end
of the period of probation in accordance with the terms of his appointment or
the rules and orders governing probation;
(vi) Compulsory retirement of a Government servant in accordance with the
provision relating to his superannuation or retirement;
(vii) Termination of services :-
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(a)Of a person employed under an agreement, in accordance with the terms of

such agreement; or
2[(b) Of a Government servant appointed in probation, during or at the end of

the period of his probation, in accordance with the terms of his appointment
or the rules and orders governing such probation; or
(c) Of a temporary Government servant in accordance with the provisions of
sub-rule (1) of rule 5 of the Karnataka State Civil Services (Temporary
Services) Rules, 1967]2

……………………………………………………………………………………………………………

1. Inserted by Notification No. GAD 41 SSR 1969, Dated: 27.2.1970, GSR 87,
w.e.f.26.03.1970
2. Substituted by Notification No. GAD 28 SSR 1969, Dated:12.12.1973, KGD
24.1.1974 (GSR 14)
3. Renumbered by Notification No. GAD 28 SSR 1969, Dated:12.12.1973, KGD
24.1.1974 (GSR 14)
4. Substituted by Notification No. DPAR 39 SDE 1981, Dated: 27.06.1984,
5. Substituted by Notification No. DPAR 16 SDE 1990, Dated: 23.10.1990, KGD
8.11.1990
6. Inserted by Notification No. DPAR 16 SDE 2004, Dated: 17.11.2005

9. Disciplinary Authorities, -
(1) The Governor may impose any of the penalties specified in rule 8 on any
Government servant.

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

3[(a) xxx]3

(aa) The Inspector General of Police may impose on Assistant Director,

Serologist, Physicist, Toxicologist, Ballistic Expert and Questioned
Documents Experts of the Forensic Science Laboratory, Bangalore any of
the penalties specified in clauses 4[(iii), (iii-a), (iv) and (iv-a)]4of rule 8;

6&10[(b)(i) Regional Commissioner may impose on Tahsildars and Officers

holding equivalent post any of penalties specified in clauses (ii) to (iv-a) of
rule 8.]10

(ii) The Deputy Commissioners may impose on Tahasildars and Block

Development Officers any of the penalties specified in clauses (ii) to (iii-a)
of rule 8.]6

6A & 9[(bb) The Heads of Departments not belonging to the All India Services but
who are in the scale of pay 12[90,500-1,23,300]12and above (or its
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equivalent as may be revised from time to time) and the Heads of

Department belonging to the All India Services may impose on a member
of the State Civil Service holding Group - B post or a Group - A post
carrying a pay scale of not more than Rupees 12[56,800-99,600]12(or its
equivalent as may be revised from time to time) working in their
administrative control any of the penalties specified in clauses4[(ii), (iii),
(iii-a), (iv) and (iv-a)]4of rule 8;

(bbb) The Heads of the Department not belonging to the All India Services but
who are in the scale of pay of less than Rupees 12[90,500-1,23,300]12(or
its equivalent as may be revised from time to time) and the Heads of
Departments belonging to All India Service may impose on a member of
the State Civil Service holding a Group-B post working in their
administrative control any of the penalties specified in clauses (ii), (iii), (iii-
a), (iv) and (iv-a) of rule 8.]6A & 9

7[(bbb-1)The Commissioner for Health and Family Welfare Services may impose
on any Government servant up to and inclusive of the level of Joint
Director pay scale of 12[74,400-1,09,600]12 (as may be revised from time to
time) belonging to the Health and Family Welfare Services any of the
penalties specified in clauses (ii), (iii) (iii-a), (iv) and (iv-a) of rule 8;

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

(bbb – 3) The District offices, Heads of Institutions, Superintendent of Hospitals,

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

Explanation: District Officers include Superintendent of Bowring and

Lady Curzon Hospital, Victoria Hospital, Vanivilas Hospital and Minto Hospital,
Principals of Government Dental College and Bangalore Medical College,
Superintendents of K.R.Hospital, Mysore, Cheluvamba Hospital, Mysore, PKTB
Hospital, Mysore, CG Hospital, Davanagere, Women and Children Hospital,
Davanagere, Government Wenlock Hospital, Mangalore, Lady Goshen Hospital,
Mangalore, Superintendent and Mental Hospital, Dharwad] 7 8[Superintendent,
SDS Tuberculosis and Chest diseases Hospital, Hosur Road, Bangalore,
Principal. Mysore Medical College, Mysore, Principal, Rajiv Gandhi Chest
diseases Hospital, Bangalore]8
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(bbb – 4) The Chief Administrative Officer in the Office of the Director, Health
and Family Welfare Services may impose on any of the Government
Servants belonging to Health and Family Welfare Services or Public
Health Services Group “c” and “D” cadres and working under his
administrative control in the office of the Director, any of the penalties
specified in clauses (i) to (iv-a) of rule 8;

(bbb–5) The District Officers, Heads of Institutions, Superintendents of

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

Explanation: District , Officers shall include District Health and Family

Welfare Officer, District Surgeon, Principal, HFWTC, Principal, DTC,
Superintendent KCG Hospital, Superintendent, Jayanagar General Hospital,
Superintendent, HSIS Gosha Hospital, Superintendent, Chest and TB
Hospital.]7

(c) Any of the penalties specified in rule 8 may be imposed on a member

of a State Civil Service by the Appointing Authority or the authority specified in
the Schedules in this behalf;

(d) Any of the penalties specified in rule 8 may also be imposed on

members of the State Civil Services Group C and D by the Head of the office in
which he is serving except where the Head of that office is lower in rank than
the authority competent to impose the penalty under clause (c) ;

1[Provided that the penalty of fine specified in clause(i) of rule 8 may also
be imposed on members of the State Civil Services Class D by Gazetted Officers
who are in-charge of the ministerial establishment of the office and other Non-
Gazetted Officers who are in charge of such establishments.]1

2[(e) Any of the penalties specified in rule 8 may be imposed on a member

of the State Civil Services Group C and D belonging any department (other than
the Karnataka Judicial Department by the Deputy Commissioner of the District
in which such member is working and an appeal against the order of the
Deputy Commissioner under this clause shall lie to the Head of the Department
to which such member belongs.]2

5[(f) The Secretaries to Government may impose the penalties specified in

clauses (ii), (iii) and (iii-a) of rule 8 on a member of the Karnataka Secretariat
Service Group B working under their administrative control.] 5
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11[(g)The Chief Executive Officer of the Zilla Panchayat may impose any of
the penalties specified in clause (ii) to (iii-a) of rule 8 on any employee of the
State Civil Services belonging to Group – B of any department (other than
Karnataka Judicial Department) and also may impose penalties specified in
clauses (i) to (iv-a) of rule 8 on an employee of the State Civil Services belonging
to Group C and Group D of any department (other than Karnataka Judicial
Department) working within the jurisdiction of the Zilla Panchayat, Taluk
Panchayat and Gram Panchayat of the District. An appeal against the order of
the Chief Executive Officer shall lie to the Head of the Department to which
such employee belongs.]11

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

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

(3) Notwithstanding anything contained in this rule, no penalty specified in

clauses (v) to (viii) of rule 8 shall be imposed by any authority lower than
the Appointing Authority.

………………………………………………………………………………………………………………

1. Inserted by Notification No: GAD 28 OSR 1959, Dated: 7.2.1962

2. Inserted by Notification No. GAD 12 SSR 1973, Dated: 11.07.1973
3. Omitted by Notification No. GAD 28 SSR 1969, Dated;12.12.1973
4. Substituted by Notification No. GAD 28 SSR 1969, Dated: 12.12.1973
5. Inserted by Notification No. GAD 12 SSR 1975, Dated: 27.07.1975
6. Substituted by Notification No. DPAR 63 SSR 1976, Dated:15.05.1978
6A. Substituted by Notification No. DPAR 13 SDE 97 dated:1.9.1998, KGD
7.9.1998
7. Inserted by Notification No. DPAR 11 SDE 2002 (II) Dated: 9.8.2002, KGD
20.08.2002
8. Inserted by Notification No. DPAR 21 SDE 2003 (II), Dated: 20.02.2004, KGD
21.02.2004
9. Substituted by Notification No. DPAR 1 SDE 2006, Dated:28.07.2006, KGD
31.08.2006
 12

10. Inserted by Notification No. DPAR 10 SDE 2006, Dated: 25.01.2007, KGD
25.01.2007
11. Inserted by Notification No. DPAR 67 SDE 2013, Dated: 05.11.2014, KGD
18.12.2014
12. Substituted by Notification No. DPAR 27 SDE 2018, Dated: 08.04.2019

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

7[(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 authorized to investigate under the provisions of the Prevention of
Corruption Act, 1988 or under any other law;

16[(aa)Where there is prima facie evidence to show that he was found in

possession or had at any time during the discharge of his official duty been in
possession of pecuniary resources or property disproportionate to known
source of income, by the persons authorized to investigate offences under the
Prevention of Corruption Act, 1988 or under any other law.] 16

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

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

(d) Where there is prima facie evidence of gross dereliction of duty against him.] 7

3[“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.]3

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
 13

hours and is not forthwith dismissed or removed or compulsorily retired

consequent to such conviction.

Explanation, - The period of forty-eight hours referred to in clause (b) of

these sub-rule shall be computed from the commencement of the imprisonment
after the conviction and for this purpose, intermittent periods of imprisonment
if any, shall be taken into account.] 1

7[(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.] 7

8[(4) xxx]8

1&20[(5)
(a) Subject to sub-rule (3), where a competent authority in an
organization authorized to investigate cases against Government servants under the
provisions of the Prevention of Corruption Act, 1988 (Central Act No.49 of 1988) or the
Karnataka Lokayukta Act, 1984 (Karnataka Act 4 of 1985) finds during investigation
that there is a prima facie evidence against a Government servant and recommends
that he may be placed under suspension, the authority competent to place such a
Government servant under suspension may place him under suspension.

(b) If departmental inquiry is not commenced against the delinquent

Government Servant or charge sheet is not filed in the court within a period of six
months from suspension, the competent authority shall decide whether to revoke or
continue suspension of such Government Servant and unless decided and ordered for
continuation within this period, the suspension shall be deemed to have been revoked
i.e., from the date of completion of a period of six months from the date of suspension.
Upon such revocation of the order of his suspension, it shall be the duty of the
Government servant to immediately seek order of posting from the Appointing
Authority, failing which he shall be deemed to be on unauthorized absence with effect
from the date of revocation of the order of his suspension.] 1

Provided that authority competent to place a Government Servant under

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

21[(6) xxx]21

Note: on revocation of suspension, the Government Servant shall not be posted

to the same place/post from which he was suspended] 20
 14

2[(7) xxx]2

(8) Notwithstanding anything contained in sub-rule (1) the following authorities

my impose suspension pending inquiry, as hereunder:-

Class of member of the State Civil Service Authority which may impose
suspension
(i) Members of the Karnataka Judicial Service High Court of Karnataka
14[(ii) Group B officers of the Karnataka Regional Commissioner]14
Administrative Service i.e., Tahasildars and
officers holding equivalent posts in the allied
Departments under the Administrative
control of the Regional Commissioners

(1) Asst. Commissioner of Sub-Divisions are delegated the power of suspension of

Village Accountants under rule 10(1) vide Notification No. GAD 4 SSR 73,
Dated:23rd June 1973
(2) Deputy Commissioners are delegated power of suspension of Group C Group D
service of all State Civil Services except the Karnataka Judicial Service working
in the district under the immediate administrative control of any officer who
does not have jurisdiction beyond the limits of the district vide Notification No.
DPAR 24 SSR 75, Dated:11.12.1975
18[(a) The Chief Executive Officers of the Zilla Panchayats are delegated the

power to place under suspension a Member of the State Civil Services belonging
to Group C and Group D of any department (other than Karnataka Judicial
Department) working in the jurisdiction of the Zilla Panchayat, Taluk Panchayat
and Grama Panchayat of the district.]18
(3) Divisional Joint Directors of Agriculture are delegated power of suspension of
grama sevakas vide GAD 37 SSR 76, Dated 4th August 1976.
(4) Secretaries to Government are delegated the power of suspension of Group C
and D officials of the Karnataka Secretariat Service working under their
administrative control vide Notification No. DPAR 34 SSR 74, Dated 3 rd
September 76.
(5) Major Head of Departments specified in Appendix I of KCSR are empowered to
suspend Group B officers vide Notification No. DPAR 34 SSR 74, Dated 3 rd
September 76.

4[(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.] 4

5[(7)All Additional Secretaries, Joint Secretaries and Deputy Secretaries to

Government are empowered to place under suspension any Government servant
 15

belonging to Karnataka Government Secretariat Service holding Group “C” or “D”

post and working under their control.] 5

6[(8)The Commissioner for Health and Family Welfare Service is empowered to

place under suspension the General Duty Medical Officers.] 6

10[(9)Commissioner for Public Instructions is empowered to place under

suspension Group “A” Junior scale officers of the Department of Public
Instructions.]10 13[xxx]13

3A&3B[Special
Deputy Commissioner and District Registrar is empowered to place
under suspension Sub-registrars and other staff of the Department of Registration
and Stamps.]3A&3B

9[10[(a)The Commissioner for Health and Family Welfare Services is empowered to

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

(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

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, Vanivilas Hospital, Bangalore
 16

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, Davanagere
12. Superintendent, Women and Children Hospital, Mangalore
13. Superintendent, Government Wenlock Hospital, Mangalore
14. Superintendent, Lady Goshen Hospital, Mangalore
15. Superintendent, Mental Hospital, Dharwad]9

[16. Superintendent, SDS Tuberculosis and Chest diseases Hospital, Hosur Road,
11

Bangalore

17 Principal, Mysore Medical College, Mysore

18 Principal, Rajiv Gandhi Chest diseases Hospital, Bangalore] 11

10A[Commissioner of Excise, Bangalore is empowered to place Group-A officers of

the Department of Excise holding posts carrying scale of pay upto and inclusive of
the scale of pay of Rs.10620-14960]10A

12[JointDirectors and Deputy Directors in the Department of Sericulture is

empowered to place under suspension any of Group “C” or Group “D” official
coming under their administrative control.] 12

15[(b)Deputy Commissioner of Excise at District level, Joint Commissioner of

Excise (Enforcement and Intelligence) at the Divisional level and Joint
Commissioner of Excise (State Excise Intelligence Bureau) at the State level are
empowered to place under suspension any Group “C” and “D” official working
under their administrative control.]15

17[(c)Technical Assistants to the Deputy Commissioner and Ex-Officio Deputy

Directors of Land Records are empowered to place under suspension any Group
“C” and “D” Official working under their respective administrative control]17;

19[(d)The Secretary Kalyana Karnataka Regional Development Board and ex-officio

Secretary to Government, Planning, Programme Monitoring and Statistics
Department are empowered to place under suspension a Government Servant
belonging to Group B, C and D of any Department coming under the Jurisdiction
of the Kalyana Karnataka Regional Development Board.] 19

………………………………………………………………………………………………………………

1. Substituted by Notification No: GAD 28 SSR 69, Dated. 12.12.1973 KGD

24.1.1974
2. Omitted by Notification No: GAD 18 SSR 74, Dated. 06.08.1974 KGD 29.8.1974
 17

3. Substituted By Notification No: DPAR 56 SSR 76, Dated: 12.04.1977

3A. Inserted by Notification No. DPAR 22 SDE 84, dated:7.8.1984
3B. Inserted by Notification No. DPAR 13 SDE 89, dated:5.7.1989, KGD 17.8.1989
4. Inserted by Notification No: DPAR 15 SDE 96, Dated: 20.06.1997, KGD
3.7.1997
5. Inserted by Notification No: DPAR 7 SDE 99, Dated: 14.3.2000, KGD 10.8.2000
6. Inserted by Notification No: DPAR 26 SDE 2001, Dated: 7.12.2001KGD
7.2.2001
7. Substituted by Notification No: DPAR 4 SDE 2000, Dated: 15.04.2002
(w.e.f.15.04.2002) KGD 15.04.2002
8. Omitted by Notification No: DPAR 4 SDE 2000, Dated: 15.04.2002
(w.e.f.15.04.2002) KGD 15.04.2002
9. Inserted by Notification No: DPAR 11 SDE 2002 (I), Dated: 19.6.2002, KGD
19.06.2002
10. Inserted by Notification No: DPAR 29 SDE 2002, Dated: 4.2.2003, KGD
27.02.2003
10A. Inserted by Notification No. DPAR 20 SDE 2003, dated.29.11.2003 KGD
25.12.2003
11. Inserted by Notification No: DPAR 21 SDE 2003(I), Dated: 1.1.2004
12. Inserted by Notification No. DPAR 22 SDE 2003, Dated:17.01.2004
13. Omitted by Notification No: DPAR 6 SDE 2004, Dated: 16.7.2004 KGD
12.8.2004
14. Substituted by Notification No: DPAR 10 SDE 2006, Dated: 25.01.2007
15. Inserted by Notification No: DPAR 4 SDE 2008, Dated: 18.07.2008 and
Corrigendum No. DPAR 9 SDE 2009, Dated: 21.03.2009
16. Inserted by Notification No: DPAR 25 SDE 2007, Dated. 26.08.2008 KGD
26.08.2008
17. Inserted by Notification No: DPAR 20 SDE 2009, Dated: 30.07.2009
18. Inserted by Notification No: DPAR 67 SDE 2013, Dated: 05.11.2014
19. Inserted by Notification No; DPAR 23 SDE 2019, Dated: 10.01.2020.
20. Substituted by Notification No: DPAR 28 SDE 2018, Dated: 29.10.2020 KGD
29.10.2020
21. Deleted by Notification No: DPAR 28 SDE 2018, Dated: 29.10.2020 KGD
29.10.2020

1[10A. Authority to institute proceedings, -

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

(a) institute disciplinary proceedings against any Government servant;

(b) direct a Disciplinary Authority to institute disciplinary proceedings against

any Government servant on whom that Disciplinary authority is competent to
impose under these rules any of the penalties specified in rule 8

(2) A Disciplinary Authority competent under these rules to impose any of the
penalties specified in clauses (i) to (iv-a) of rule 8 may institute disciplinary
proceedings against any Government servant for the imposition of any of the
penalties specified in clauses (v) to (viii) of rule 8 notwithstanding that such
 18

disciplinary authority is not competent under these rules to impose any of the
latter penalties.]1

……………………………………………………………………………………………………………….

1. Inserted by Notification No: GAD 28 SSR 1969, Dated: 12.12.1973. Under rule 10A,
Secretaries to Government are empowered for the purpose of the said rule vide
Notification No. GAD 38 SSR 74(ii) Dated: 19.10.1974

1[11. Procedure for imposing major penalties, -

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

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

2&4[Proviso-xxx]2&4

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

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

(i) the substance of the imputations of misconduct or misbehavior into definite

and distinct articles of charge;

(ii) a statement of the imputations of misconduct or misbehavior in support of

each article of charge, which shall contain, -

(a) a statement of all relevant facts including any admission or confession

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

(4) The Disciplinary Authority shall deliver or cause to be delivered to the Government
servant a copy of the article of charges, the statement of imputations of misconduct or
misbehavior and a list of documents and witnesses by which each article of charge is
proposed to be sustained and shall require the Government servant to submit within
such time as may be specified a written statement of his defence and to state whether
he desires to be heard in person.
 19

(5)(a) On receipt of the written statement of defence the Disciplinary Authority may
itself inquire into such of the articles of charge as are not admitted or if it
considers it necessary so to do appoint under sub-rule (2) an Inquiring
Authority for the purpose and where all the articles of charge have been
admitted by the Government servant in his written statement of defence, the
Disciplinary Authority shall record its findings on each charge after taking such
evidence as it may think fit and shall act in the manner laid down in rule 11A.

(b) If no written statement of defence is submitted by the Government servant,

the Disciplinary Authority may itself inquire into the article of charge or may if
it consider it necessary to do so, appoint under sub-rule (2) an Inquiry
Authority for the purpose.

(c) Where the Disciplinary Authority itself inquires into any articles of charge or
appoints an Inquiring Authority for holding an inquiry into such charge it may
by an order, appoint a Government servant or a legal practitioner to be known
as “Presenting Officer” to present on its behalf the case in support of the articles
of charge.

(6) The Disciplinary Authority shall, where it is not the Inquiring Authority, forward to
the Inquiring Authority, -

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

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

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

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

(v) a copy of the order appointing the “Presenting Officer”

2,3, 4&5[Proviso xxx]2,3,4&5

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

(8) The Government servant may take the assistance of any other Government servant
6[or a retired Government servant] 6 to present the case on his behalf, but may not

engage a legal practitioner for the purpose unless the Presenting Officer appointed by
 20

the Disciplinary Authority is a legal practitioner or the Disciplinary Authority having

regard to the circumstances of the case, so permits.

6[Providedthat 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.] 6

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

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

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

(i) inspect within five days of the order or within such further time not exceeding five
days as the Inquiring Authority may allow, the documents specified in the list
referred to in sub-rule (3);

(ii) submit a list of witnesses to be examined on his behalf;

(iii) apply orally or in writing to inspect and take extracts of the statements, if any,
of witnesses mentioned in the list referred to in sub rule (3) and the Inquiring
Authority shall permit him to take such extracts as early as possible and in any
case not later than three days before the commencement of the examination of
the witnesses on behalf of the Disciplinary Authority.

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

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

(12) The Inquiring Authority shall, on receipt of the notice for the discovery or
production of documents, forward the same or copies thereof to the authority in whose
 21

custody or possession the documents are kept, with a requisition for the production of
the documents by such date as may be specified in such requisition:

Provided that the Inquiring Authority may, for reasons to be recorded by it in

writing refuse to requisition such of the documents as are, in its opinion, not relevant
to the case.

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

Provided that if the authority having the custody or possession of the

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

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

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

Note, - New evidence shall not be permitted or called for or any witness shall
not be recalled to fill up any gap in the evidence. Such evidence may be called to only
when there is an inherent lacuna or defect in the evidence which has been produced
originally.
 22

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

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

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

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

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

(21) (a) Where a Disciplinary Authority competent to impose any of the penalties
specified in clauses (i) to (iv-a) of rule 8 but not competent to impose any of the
penalties specified in clauses (v) to (viii) of rule 8, has itself inquired into or
caused to be inquired into the articles of any charge and that authority having
regard to its own findings or having regard to its decision on any of the findings
of any Inquiring Authority appointed by it, is of the opinion that the penalties
specified in clauses (v) to (viii) of rule 8 should be imposed on the Government
servant, that authority shall forward the records of the inquiry to such
Disciplinary Authority as is competent to impose the last mentioned penalties.

(b) The Disciplinary Authority to which the records are so forwarded may act on the
evidence on the record or may, if it is of the opinion that further examination of
any of the witnesses is necessary in the interest of justice, recall the witness
and examine, cross-examine and re-examine the witness and may impose on
the Government servant such penalty as it may deem fit in accordance with
these rules.
 23

(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.

7[(22A) Notwithstanding anything contained in these rules, where a Government

servant facing a disciplinary proceeding is transferred, deputed or otherwise posted
out of jurisdiction of the disciplinary authority which initiated such disciplinary
proceeding, the same authority shall continue and conclude or cause to be continued
and concluded the inquiry into the articles of charges against such Government
servant in accordance with these rules and forward the entire record of the
proceedings to the disciplinary authority within whose jurisdiction the Government
servant is presently working and the latter Disciplinary Authority may on the evidence
on record or if it is of the opinion that further examination of any of the witnesses is
necessary in the interest of justice, recall the witness, examine, cross examine or re-
examine the witness and pass such order as it deems fit, in accordance with these
rules.]7

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

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

misbehavior;

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

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

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

Explanation, - If in the opinion of the Inquiring Authority the proceeding of the

inquiry establish any article of charge different from the original articles of the charge,
it may record its findings on such article of charge:

Provided that the findings on such article of charge shall not be recorded unless
the Government servant has either admitted the facts on which such article of charge
is based or has had a reasonable opportunity of defending himself against such article
of charge.
 24

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

a) the report prepared by it under clause (i);

b) the written statement of defence, if any submitted by the Government servant;
c) the oral and documentary evidence produced in the course of the inquiry;
d) written briefs, if any, filed by the Presenting Officer or the Government servant
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.

……………………………………………………………………………………………………………….

1. Substituted by Notification No: GAD 28 SSR 1969, Dated: 12.12.1973 KGD

21.01.1974
2. Inserted by Notification No: DPAR 5 SDE 86, Dated: 7.5.86, KGD 7.5.1986
3. Substituted by Notification No: DPAR 5 SDE 86, Dated: 7.5.86
4. Omitted by Notification No: DPAR 4 SDE 2000, Dated: 15.4.2002
(w.e.f.15.4.2002)(KGD 15.4.2002)
5. Inserted by Notification No: DPAR 25 SDE 1982, Dated: 23.08.1983, KGD 8.9.1983
6. Inserted by Notification No: DPAR 41 SDE 1984, Dated: 17.06.1985, KGD
11.7.1985
7. Inserted by Notification No: DPAR 19 SDE 1995, Dated: 07.03.2002, KGD
20.03.2002

1 [11A. Action on the inquiry report, -

(1) The Disciplinary Authority, if it is not itself the Inquiring Authority may, for
reasons to be recorded by it in writing, remit the case to the Inquiring Authority
for further inquiry and report and the Inquiring Authority shall thereupon
proceed to hold the further inquiry according to the provisions of rule 11 as far
as may be.
(2) The Disciplinary Authority shall, if it disagree with the findings of the Inquiring
Authority on any article of charge record its reasons for such dis-agreement and
record its own findings on such charge if the evidence on record is sufficient for
the purpose.
(3) If the Disciplinary Authority having regard to its findings, on all or any of the
articles of charge is of the opinion that 2[one or more of the penalties specified
in rule 8]2 should be imposed on the Government servant, it shall,
notwithstanding anything contained in rule 12, make an order imposing such
penalty;
Provided that in every case where it is necessary to consult the
Commission, the record of the inquiry shall be forwarded by the Disciplinary
Authority to the Commission for its advice on the penalties proposed to be
imposed on the Government servant and such advice shall be taken into
 25

consideration before making any order imposing any penalty on the

Government servant.
(4) 3[xxx]3]1

1. Inserted by Notification No: GAD 28 SSR 69, Dated: 12.12.1973

2. Inserted by Notification No: DPAR 70 SSR 76, Dated: 15.1.1977
3. Deletion by Notification No: DPAR 70 SSR 76, Dated: 15.1.1977

1[12. Procedure for imposing minor penalties, -

(1) Subject to the provisions of sub-rule (3) of rule 11A, no order imposing on a
Government servant any of the penalties specified in clauses (i) to (iva) of rule 8
shall be made except after, -

(a) informing the Government servant in writing of the proposal to take action
against him and of the imputations of misconduct or misbehavior on which it is
proposed to be taken and giving him a reasonable opportunity of making such
representation as he may wish to make against the proposal;

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

2[Providedthat no order imposing penalty of withholding increments with

cumulative effect shall be made without holding an inquiry in the manner laid in
sub-rules (3) to (23) of rule 11.]2

(c) taking the representation, if any, submitted by the Government servant

under clause (a) and the record of inquiry, if any, held under clause (b) into
consideration;

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

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

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

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

(ii) a copy of the statement of imputations of misconduct or misbehavior

delivered to him;

(iii) his representation, if any;

(iv) the evidence produced during the inquiry;

(v) the advice of the Commission, if any;

(vi) the finding on each imputation of misconduct or misbehavior; and

 26

(vii) the orders on the case together with the reasons therefor.] 1

………………………………………………………………………………………………………………………………………………………………………………

1. Inserted by Notification No: GAD 28 SSR 1969, Dated: 12.12.1973

2. Inserted by Notification No: DPAR 13 SDE 97, Dated: 1.9.1998
(w.e.f.1.9.98)(KGD 7.9.1998)

1[12A. Communication of orders, -

Orders made by the Disciplinary Authority shall be communicated to the
Government servant who shall also be supplied with a copy of the report of the
inquiry, if any, held by the Disciplinary Authority and a copy of its findings on each
article of charge or where the Disciplinary Authority is not the Inquiring Authority,
a copy of the report of the Inquiring Authority and the statement of the finding of
the Disciplinary Authority together with brief reasons for its disagreement, if any,
with the findings of the Inquiring Authority (unless they have already been
supplied to him) and where the inquiry is held by the 3[Lokayukta or an
Upalokayukta]3 under rule 14A, a copy of the findings of the Inquiring Officer with
the recommendations of the 3[Lokayukta or an Upalokayukta]3 as the case may be
and also a copy of the advice, if any, given by the Commission and where the
Disciplinary Authority has not accepted the advice of the Commission, a brief
statement of the reasons for such non – acceptance.]1

2[Provided
that it shall not be necessary to supply copies of the said documents
where the Disciplinary Authority exonerates the Government servant or where
such documents have already been supplied to the Government servant.] 2

………………………………………………………………………………………………………………

1. Inserted by Notification No: GAD 28 SSR 1969, Dated: 12.12.1973

2. Substituted by Notification No: DPAR 34 SSR 1976, Dated: 7.7.1976 KGD

22.7.1976

3. Substituted by Notification No: DPAR 5 SDE 1986, Dated: 7.5.1986 KGD 7.5.86

13. Joint Inquiry, -

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

1[Provided
that if the authorities competent to impose the penalty of dismissal
on such Government servants are different, an order for taking disciplinary action in a
 27

common proceeding may be made by the highest of such authorities with the consent
of the others.]1

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

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

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

(iii) whether the procedure prescribed in 2[rules 11 and 11A]2 or rule 12 may be
followed in the proceeding.

……………………………………………………………………………………………………………..

1. Inserted by Notification No: GAD 28 SSR 1969, Dated: 12.12.1973 KGD 24.1.1974

2. Substituted by Notification No: GAD 28 SSR 1969, Dated: 12.12.1973 KGD

24.1.1974

14. Special procedure in certain cases, -

Notwithstanding anything contained in 1[rules 11 to 13]1

(i) Where a penalty is imposed on a Government servant on the ground of

conduct which has led to his conviction on a criminal charge;
(ii) Where the officer concerned has absconded or where the officer concerned
does not take part in the inquiry or where for any reasons to be recorded in
writing it is impracticable to communicate with him or where the
Disciplinary Authority for reasons to be recorded in writing is satisfied that
it is not reasonably practicable to follow the procedure prescribed in the said
rules; or
(iii) Where the Governor is satisfied that in the interest of the security of the
State it is not expedient to follow such procedure,

The Disciplinary Authority may pass such orders thereon as it deems fit;

Provided that the Commission shall be consulted before passing such an

order in any case for which such consultation is necessary.

2&3[xxx]2&3

………………………………………………………………………………………………………

1. Substituted by Notification No: GAD 28 SSR 1969, Dated: 12.12.1973 KGD

24.1.1974

2. Inserted by Notification No: DPAR 60 SSR 1980, Dated: 27.11.1980

 28

3. Deleted by Notification No: DPAR 15 SDE 1995, Dated: 22.3.1995, KGD

25.3.1996

1[14A. Procedure in cases entrusted to the Lokayukta, -

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

1[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”

3[The Lokayukta or the Upa-lokayukta or (before the twenty first day of

December, 1922) the Inspector General of Police of the Karnataka Lokayukta
Police is of the opinion]3 1[that disciplinary proceedings shall be taken, he shall
forward the record of the investigation along with his recommendation to the
Government and the Government after examining such record, may either
direct an inquiry into the case by the Lokayukta or the Upalokayukta or direct
the appropriate Disciplinary Authority to take action in accordance with rule
12.

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

Provided that the inquiry shall not be conducted by an officer lower in

rank than that of Government servant against whom it is held.

Provided further that an inquiry against a Government Servant not lower

in rank than that of a Deputy Commissioner shall not be conducted by any
person other than the Lokayukta or the Upalokayukta or an Additional
Registrar (Inquiries).
 29

Provided also that an officer on the staff of the Lokayukta authorized to

conduct an inquiry under clause (b) shall not have the power to appoint
another officer to conduct it wholly or in part.

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

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

(e) On receipt of the record under clause (d) the Government shall take action in
accordance with the provisions of 4[xxx]4 rule 11A and in all such cases the
Government shall be the Disciplinary Authority competent to impose any of the
penalties specified in rule 8.

(3) Nothing in sub-rule (1) shall be applicable to members of the Karnataka

Judicial Service or Government servants under the administrative control of
such members or of the High Court of Karnataka.

Explanation, - In this rule, the expressions “Lokayukta” and

“Upalokayukta” shall respectively have the meaning assigned to them in the
Karnataka Lokayukta Act, 1984)]1 2[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.]2

…………………………………………………………………………………………………………….

1. Substituted by Notification No: DPAR 5 SDE 1986, Dated: 7.5.1986, KGD

7.5.1986
2. Inserted by Notification No: DPAR 9 SDE 92, Dated: 21.1.1997 (w.e.f.15.1.1986)
3. Substituted by Notification No: DPAR 9 SDE 92, Dated: 21.1.1997
(w.e.f.15.1.1986)
4. Omitted by Notification No: DPAR 37 SDE 2001, Dated: 26.12.2001
(w.e.f.31.12.2001) KGD 31.12.2001

1[14B. Procedure in case of sexual harassment against women, -

Notwithstanding anything contained in rule 11 to 13, the State level Committee
and District level Committees constituted to inquire into the cases of sexual
harassment against women in working places after having conducted an enquiry on
 30

the Government servant shall submit a report along with details and documents, such
report shall be considered by the competent disciplinary authority and keeping in view
the nature and gravity of the proved misconduct, any one or more than one
punishment specified under rule 8(i) to (viii) shall be imposed. An opportunity of being
heard shall be given to the accused before imposing such penalty.

Provided that the commission shall be consulted before passing such order in any
case for which such consultation is necessary.] 1

……………………………………………………………………………………………………………….

1. Inserted by Notification No: DPAR 20 SDE 2013, Dated: 02.12.2013, KGD

02.12.2013

15. Provisions regarding lent officers, -

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

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

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

(i) if the borrowing authority is of the opinion that any of the penalties specified in
clause1[(i) to (iv-a)]1of rule 8 should be imposed on him, it may, in consultation with
the lending authority, pass such orders on the cases as it deems necessary;

Provided that in the event of a difference of opinion between the borrowing

authority and the lending authority the service of the Government servant shall be
replaced at the disposed of the lending authority;

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

Provided that in passing any such order the Disciplinary Authority shall comply
with the provisions of 1[Rule 11a.]1
 31

Explanation, - The Disciplinary Authority may make an order under clause (ii)
of sub-rule (2) on the record of the inquiry transmitted by the borrowing authority, or
after holding such further as it may deem necessary2[as far as may be in accordance
with rule 11.]2

2B&3[(2A) notwithstanding anything contained in these rules, -

i. the Government in Rural Development and Panchayat Raj Department in respect of

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

ii. the Chief Executive officer of the Zilla Panchayat in respect of, -

(a) a Government servant holding a Group B post excluding the Government

servant referred in clause (i) or a Group C or Group D post whose services are
lent to the Zilla Panchayat, Taluk Panchayat or Grama Panchayat.
(b) any doctor working in a Primary Health Centre who is a member of the
Karnataka Directorate of Health and Family Welfare Service;
shall have the powers of the Appointing Authority for placing such Government
servant under suspension and of the Disciplinary Authority for the purpose of
taking a disciplinary proceedings against him and to impose any of penalties
specified in clauses (i) to (iv-a) of rule 8 on such Government servant. It shall
not be necessary for the Government in Rural Development and Panchayat Raj
Department or the Chief Executive Officer of the Zilla Panchayat to get the
approval of or to consult the lending authority or the appointing authority as
the case may be before placing such Government servant under suspension or
imposing on him any of the said penalties.]2B&3

4[2B.Notwithstanding anything contained in these rules, -

(i) the Government in Urban Development Department, in respect of Government
servant holding a Group “A” or “B” post whose services are lent to City Municipal
Corporation by an order issued by the Government in Urban Development Department
under the Karnataka Municipal Corporation Act, 1976.
8[Provided that the Commissioner, Bruhat Bangalore Mahanagara Palike in

respect of a Government servant holding a Group “B” , Group “C” or Group “D” post
whose services are lent to Bruhat Bangalore Mahanagara Palike shall perform the
functions of the appointing authority] 8
(ii) the Commissioner, City Municipal Corporation in respect of a Government servant
holding a Group “C” or Group “D” post whose services are lent to the City Municipal
Corporation;
shall have the powers of the Appointing Authority for placing such Government
servant under suspension and of the Disciplinary Authority for the purpose of taking a
disciplinary proceedings against him and to impose any of penalties specified in
 32

clauses (i) to (iv-a) of rule 8 on such Government servant. It shall not be necessary for
the Government in Urban Development Department or the Commissioner to get the
approval of or to consult the lending authority or the appointing authority as the case
may be, before placing such Government servant under suspension or imposing on
him any of the said penalties.]4

6[2C. Notwithstanding anything contained in these rules, -

(i) The Government in Water Resources Department in respect of Government
servant holding a Group “A” or “B” posts whose services are lent to Cauvery
Neeravari Nagam Limited, Krishna Bhagya Jala Nigam Limited, Karnataka
Neeravari Nigam Limited.
(ii) The Managing Director, Cauvery Neeravari Nigam Limited, Krishna Bhagya Jala
Nigam Limited, Karnataka Neeravari Nigam Limited in respect of a Government
servant holding a Group “C” or Group “D” post whose services are lent to the
Cauvery Neeravari Nagam Limited, Krishna Bhagya Jala Nigam Limited,
Karnataka Neeravari Nigam Limited as the case may be;

shall have the powers of the Appointing Authority for placing such Government
servant under suspension and of the Disciplinary Authority for the purpose of taking
a disciplinary proceedings against him and to impose any of penalties specified in
clauses (i) to (iv-a) of rule 8 on such Government servant. It shall not be necessary for
the Government in Water Resources Department or the Managing Director, to get the
approval of or to consult the lending authority or the appointing authority as the case
may be, before placing such Government servant under suspension or imposing on
him any of the said penalties. But it is necessary to intimate of such penalty to the
lending authority or appointing authority.]6

2A,3,5&7[(3)
Notwithstandng anything contained in these rules where a Government
servant referred to in sub-rule (2A), (2B) or (2C), -
(i) who is alleged to have committed any misconduct or misbehavior while serving in
the borrowing authorities specified in sub-rule (2A), (2B) or (2C) is transferred,
deputed or otherwise posted outside the jurisdiction of the disciplinary authority
referred to in sub-rules before initiation of a disciplinary proceeding against such
Government servant, the same Disciplinary authority shall have power to initiate
disciplinary proceedings and to conclude or cause to be concluded the enquiry into
articles of charges against such Government servant and to impose any of the
penalties specified in clauses (i) to (iv-a) of rule 8 on such Government servant;
(ii) during pendency of disciplinary proceeding, a Government servant is transferred,
deputed or otherwise posted out of jurisdiction of the Disciplinary Authority referred
to in sub-rule (2A), (2B) or (2C) which initiated the disciplinary proceeding against
such Government servant, the same disciplinary authority shall continue and
conclude or caused to be continued or concluded the enquiry into articles of charges
against such Government servant in accordance with these rules and shall have
 33

power to impose and of the penalties specified in clauses (i) to (iv-a) of rule 8 on such
Government servant;
Provided that an appeal against an order passed by the Chief Executive Officer,
Commissioner or the Managing Director as the case may be under this sub-rule shall
lie, -
(i) In the case of Government servant referred to in sub-clause (a) of clause (ii) of
sub-rule (2A) 8[in the proviso to clause (i) and] 8 or clause (ii) of sub-rule (2B) or
clause (ii) of sub-rule (2C) to the Head of the Department to which such
Government servant belongs;
(ii)In the case of a doctor referred to in sub-clause (b) of clause (ii) of sub-rule (2A)
to the Government.]2A,3,5&7

2C[XXX]2C

……………………………………………………………………………………………………………….

1. Substituted by Notification No. GAD 28 SSR 1969, Dated: 12.12.1973, KGD

24.1.1974

2. Inserted by Notification No: GAD 28 SSR 1969, Dated: 12.12.1973, KGD 24.1.1974

2A. Inserted by Notification No.DPAR 14 SDE 87, dated:5.12.1987

2A. Inserted by Notification No. DPAR 29 SDE 87, dated 22.1.1988, KGD 18.2.1988

2B. Deleted by Notification No. DPAR 33 SDE 88, dated 10.2.1989 KGD 23.2.1989

3. Substituted by Notification No: DPAR 19 SDE 1995, Dated: 7.3.2002

(w.e.f.11.4.2002) KGD 20.03.2002

4. Inserted by Notification No: DPAR 12 SDE 2005, Dated: 24.04.2006 KGD

24.04.2006

5. Substituted by Notification No: DPAR 12 SDE 2005, Dated: 24.04.2006 KGD

24.04.2006

6. Inserted by Notification No: DPAR 5 SDE 2006, Dated: 16.11.2006 KGD 17.11.2006

7. Substituted by Notification No: DPAR 5 SDE 2006, Dated: 16.11.2006 KGD

17.11.2006

8. Inserted by Notification No: DPAR 15 SDE 2011, Dated: 03.09.2012, KGD

27.12.2012

16. Provision regarding borrowed officers, -

(1) Where an order of suspension is made or a disciplinary proceedings is taken
against a Government servant whose services have been borrowed from the
 34

Central Government any State Government or a local or other authority, the

authority lending his services (hereafter in this rule referred to as the “the lending
authority”) shall forthwith be informed of the circumstances leading to the order of
his suspension or the commencement of the disciplinary proceeding as the case
may be.

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

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

Provided that in the event of a difference of opinion between the

borrowing authority and the lending authority the service of the Government
servant shall be replaced at the disposal of the lending authority;

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

………………………………………………………………………………………………………………

1[16A. Provision regarding reappointed Officers, -

Where a person who has ceased to be in Government service, due to resignation,
abolition of his post, termination of his appointment or any other cause, is
reappointed as a Government servant, disciplinary proceedings may be taken against
him in his new appointment in respect of any act or conduct during any period of his
service under the Government.]1

……………………………………………………………………………………………………………………………………………………………………………

1. Inserted by Notification No: GAD 6 CAR 58, Dated: 1.7.1959

PART-V APPEALS

1[ 17. Orders against which no appeal lies, -

Notwithstanding anything contained in this part, no appeal shall lie against, -

(i) any order made by the Governor.

(ii) Any order of an interlocutory nature or of the nature of step-in-aid for the
final disposal of a disciplinary proceeding, other than an order of
suspension;
 35

(iii) any order passed by an Inquiry Authority in the course of an inquiry under
rule 11.]1

………………………………………………………………………………………………………………

1. Substituted by Notification No: GAD 28 SSR 1969, Dated: 12.12.1973 KGD

24.1.1974

18. Appeals against orders imposing penalties, -

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

(a) Imposing any of the penalties specified in rule 8 2[whether made by the
Disciplinary Authority or by an Appellate or Reviewing Authority.] 2

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

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

2. (d) placing him under suspension under rule 10.

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

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

to it.

7[xxx]7

(3) A member of a service or holder of a post included in column 1 of Schedules II

and III may appeal from orders passed in exercise of powers conferred by rule 9 to
the authorities specified in column 5 of the said Schedules 4[and from orders
passed by the appellate authority to the authority to which appellate authority is
immediately subordinate.]4

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

5[Provided
further that a Government servant against whom a order imposing
any of the penalties specified in clauses (i) to (iv-a) of rule 8 is passed by the
 36

Appointing Authority or by any other Disciplinary Authority empowered to impose

any of the penalties under clauses (v) to (viii) may appeal to the same Authority to
whom he is entitled to appeal against an order imposing on him any of the
penalties (v) to (viii).]5

1[Providedfurther that a Government servant belonging to the State Civil

Services, Group D may appeal from an order passed in exercise of the powers
conferred by the proviso to clause (d) of sub-rule (2) of rule 9 to the authority
immediately superior to the authority imposing the penalty.] 1

6&7[XXX]6&7

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

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

3[(5) notwithstanding anything contained in sub-rules (1) to (4), -

(a) where a person who made the order appealed against becomes by virtue of his
subsequent appointment or otherwise, the appellate authority in respect of such
order, an appeal against such order shall be to be authority to which such person
is immediately subordinate;

(b) an appeal against an order in a common proceeding held under rule 13 shall lie
to the authority to which the authority functioning as the Disciplinary Authority for
the purpose of that proceeding is immediately sub-ordinate.]3

Explanation, - The expression “member of a State Civil Service” includes a person

who has ceased to be a member of that Service.

……………………………………………………………………………………………………………..

1. Inserted by Notification No: GAD 28 OSR 1959, Dated: 7.2.1962

2. Inserted by Notification No: GAD 28 SSR 1969, Dated: 12.12.1973 KGD:

24.1.1974

3. Substituted by Notification No: GAD 28 SSR 1969, Dated: 12.12.1973 KGD:

24.1.1974

4. Inserted by Notification No: DPAR 11 SDE 83, Dated: 23.2.1984, KGD 15.3.1984

5. Inserted by Notification No: DPAR 2 SDE 85, Dated: 30.7.85, KGD 12.9.1985
 37

6. Inserted in Notification No: DPAR 33 SDE 88, Dated: 10.2.1989, KGD 23.2.1989

7. Omitted by Notification No: DPAR 22 SDE 2010, Dated: 31.01.2011, KGD

03.03.2011

19. Appeal against other order, -

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

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

(2) An appeal against an order-

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

(b) reverting to a lower service, grade or post, a Government servant officiating in

a higher service, grade or post otherwise than as a penalty; and

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

(ca) determining the subsistence and other allowances to be paid to him for the
period of suspension or for the period during which he is deemed to be under
suspension or for any portion thereof;

(cb) determining his pay and allowances;

(i) for the period of suspension, or

(ii) for the period from the date of his dismissal, removal or compulsory
retirement from service or from the date of his reduction to a lower service, grade,
post time-scale or stage in a time scale of pay to the date of his reinstatement or
restoration to his service, grade or post, or

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

(i) in the case of an order made in respect of a Government servant on whom the
penalty of dismissal from service can be imposed only by the Governor, to the
Governor, and
 38

(ii) in the case of an order made in respect of any other Government servant to
the authority to whom an appeal against an order imposing upon him the penalty
of dismissal from service would lie.]1

Explanation, - In this rule;-

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

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

(3)Notwithstanding anything contained in these rules, there shall be no appeal

against non-selection for a selection post.

……………………………………………………………………………………………………………..

1. Substituted by Notification No: GAD 28 SSR 69, DATED; 12.12.1973 KGD

24.1.1973

20. Period of limitation for appeals, -

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

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

21. Form and contents of appeal, -

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

(2) Every appeal preferred under these rules shall be accompanied by a copy of the
order appealed against and shall contain all material statements and
arguments relied on by the appellant, shall not contain any disrespectful or
improper language and shall be complete in itself.
 39

22. Submission of appeal, -

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

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

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

23. Withholding of appeals, -

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

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

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

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

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

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

(vi) it contains material or documents which are treated as confidential and which
the appellant could have come to know only as a result of the breach 1[of rule
12 of the Karnataka Civil Services (Conduct) Rules, 1966] 1

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

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

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

(3) No appeal shall lie against the withholding of an appeal by a competent authority.
 40

………………………………………………………………………………………………………………

1. Substituted by Notification No: GAD 29 SSR 76, Dated: 17.7.1976

(w.e.f.29.7.1976)GSR 211.

24. Transmission of appeals, -

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

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

25. Consideration of appeals, -

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

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

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

(b) Whether the findings are justified; and

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

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

(ii) remitting the case to the authority which imposed the penalty or to any other
authority with such direction as it may deem fit in the circumstances of the
case:
 41

Provided that-

(i) The appellate authority shall not impose any enhanced penalty unless such
authority or the authority which made the order appealed against is
competent to impose such penalty;
(ii) No order imposing an enhanced penalty shall be passed unless the appellant
is given an opportunity of making any representation which he may wish to
make against such enhanced penalty; and
(iii) If the enhanced penalty which the appellate authority proposes to impose is
one of the penalties specified in clauses (v) to (viii) of rule 8 and an inquiry
under rule 11 has not already been held in the case, the appellate authority
shall, subject to the provisions of rule 14 itself hold such inquiry or direct
that such inquiry be held and thereafter on consideration of the proceedings
of such inquiry, pass such orders as it may deem fit.

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

PART-VI REVIEW

1& 2[26. Review, -

The State Government may at any time, either on its own motion or otherwise, after
calling for records of the case, review any order passed under these rules when any
new material or evidence, which could not be produced or was not available at the
time of passing the order under review and which has the effect of changing the nature
of the case has come or has been brought to its notice; 3[or if in its opinion an order
imposing any penalty cannot be given effect to or if an order imposing penalty is not
legally valid.]3

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

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

(c) remit the case to the authority which made the order or to any other authority
directing such further action or inquiry as is considered proper in the
circumstances of the case; or

(d) pass such other orders as it deems fit.

Provided that no order imposing or enhancing any penalty shall be made by the
State Government unless the member of the Service concerned has been given a
reasonable opportunity of making a representation against the penalty proposes or
where it is proposed to impose any of the major penalties specified in clause (v) to (viii)
of rule 8 or to enhance a minor penalty imposed by the order sought to be reviewed to
 42

any of the major penalties and if an enquiry under rule 11 has not already been held
in the case, no such penalty shall be imposed except after enquiring in the manner
laid down in rule 11 subject to the provisions of rule 14 and except after consultation
with the Commission.

Provided further that no application by a Government servant for reviewing an

order in disciplinary proceedings imposing any penalty other than those specified in
clauses (v) to (viii) of rule 8 and in respect of which an appeal is provided shall lie.]1& 2

……………………………………………………………………………………………………………….

1. Inserted by Notification No. DPAR 5 SDE 92, 13.5.1993

2. Substituted by Notification no: DPAR 8 SDE 93, Dated: 22.12.1995

(w.e.f.26.12.1995)

3. Inserted by Notification No. DPAR 13 SDE 97, 1.9.1998 (w.e.f.26.12.1995) (KGD

7.9.1998)

27. Review of orders in disciplinary cases, -

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

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

PART-VII MISSLENIOUS.

28. Appearance of legal practitioner, -

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

1[28A. Service of order, notices, etc, -

(1) Every order, notice and other process made or issued under these rules shall be
served in person on the Government servant concerned or communicated to
him by registered post.
(2) Where the Government servant refuses to receive or keeps out of the way for the
purpose of avoiding the services of such order, notice or other process the same
may be served by affixing a copy thereof on the notice board of the office of the
Disciplinary Authority or of the Inquiring Authority and upon some
 43

conspicuous part of the house if any, in which he is known to have last resided
or by publication in two daily newspapers having wide circulation in the State.

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

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

28C. Supply of copy of Commission’s advice, -

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

2[Providedthat it shall not be necessary to supply copies of the said documents

where the Disciplinary Authority exonerate the Government servant or where such
documents have already been supplied to the Government servant.] 2

28D. Provision regarding members of the Karnataka Judicial

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

Provided that nothing in this rule shall affect the powers of the Governor under the
Constitution of India in respect of members of the Judicial Services or the right of an
appeal which a person may have under the law regulating his conditions of service.] 1

……………………………………………………………………………………………………………..

1. Inserted by Notification No: GAD 28 SSR 1969, Dated: 12.12.1973 KGD:24.1.1974

2. Inserted by Notification No: DPAR 34 SSR 1976, Dated: 7.7.1976 KGD; 22.7.1976

29. Repeal and savings, -

(1) The Civil Services (Classification, Control and Appeal) Rules and the rules
contained in the Notification of the Government of India in the Home Department
No.F.9-19-30-Ests. Dated 27th February 1932 the Hyderabad Civil Services
(Classification, Control and Appeal) Rules, the Bombay Civil Services (Classification,
 44

Control and Appeal) Rules, the Madras Civil Services (Classification, Control and
Appeal) Rules and the rules contained in Chapter X of the Mysore manual of General
Circular and Standing orders, Part-I, the Mysore Civil Services(Classification) Rules,
1955 and any Notifications issued and rules and orders made under any such rules or
under the proviso to Article 309 of the Constitution and all other rules and orders
made by any competent authority to the extent to which they apply to persons to
whom these rules apply and in so far as they relate to the classification of the State
Civil Services specified in the Schedules or confer powers to make appointment impose
penalties or entertain appeals are hereby repealed;

Provided that-

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

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

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

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