Instructions regarding Disciplinary Proceedings against Government servant under Rule 12 of the K.S.C.S (CCA) Rules, 1957.

Instructions regarding Disciplinary Proceedings against Government servant under Rule 12 of the K.S.C.S (CCA) Rules, 1957.
CIRUCLAR No. GAD 14 SSR 75, DATED THE 21ST MAY, 1975.

It has come to the notice of the Government that in some cases where Government have directed the Disciplinary Authority to take action under rule 12 of the Classification Control and Appeal Rules that authority, has in turn, appointed one of its subordinate officers as specially empowered authority to proceed with the disciplinary action against the Government servants concerned.
If the gravity of the charge is such as not to warrant imposition of any of the major penalties and imposition of a minor penalty would meet the ends of justice on being convinced of the proof of the charge in question, action has to be taken under rule 12 of those rules. In such cases, it would ordinarily be enough if (a) the Government servant is informed in writing of the proposal to take action against him and the allegations on which this action is based and given an opportunity to make any representation he may wish to make, and (b) representation, if any, made by him is taken into consideration by the Disciplinary Authority for recording a finding on each of the imputations of misconduct before any penalty is imposed on him. All this could be done by the Disciplinary authority itself and normally there would be no need for delegating these powers to any other authority to take disciplinary action against the Government Servant.
There may, however, be cases, as indicated in rule 12(a) (b) where in though the charges are not grave enough to warrant imposition of major penalties, they are nevertheless of a complicated nature and proof of charges against the Government servant cannot be concluded, unless a detailed inquiry is held and the Government servant is given adequate opportunity to prove his innocence. In such cases, the disciplinary authority has to follow the procedure laid down in rule 11.