GOVERNMENT OF KARNATAKA
No.DPAR 8 SDE 82 Karnataka Government Secretariat,
Vidhana Soudha,
Bangalore, Dated the 28th April 1982.
CIRCULAR
Sub:- Karnataka Civil Services (Classification, Control & Appeal) Rules, 1957 - clarification regarding second show cause notice.
Ref:- i) Circular No. DPAR 70 SSR 76 dated, 29.1.77
ii) Circular No. DPAR 56 SSR 78, dated, 16.8.79.
No.DPAR 8 SDE 82 Karnataka Government Secretariat,
Vidhana Soudha,
Bangalore, Dated the 28th April 1982.
CIRCULAR
Sub:- Karnataka Civil Services (Classification, Control & Appeal) Rules, 1957 - clarification regarding second show cause notice.
Ref:- i) Circular No. DPAR 70 SSR 76 dated, 29.1.77
ii) Circular No. DPAR 56 SSR 78, dated, 16.8.79.
Consequent on the amendment of Article 311(2) of the Constitution of India by the Constitution (42nd Amendment) Act, Rules 11-A, 25 and 26 of the Karnataka Civil Services (Classification, Control & Appeal) Rules, 1957, were amended in Notification No.DPAR 70 SSR 76, dated 15.1.77. The main object of the amendment of Article 311(2) was to do away with what was generally known as "the second show cause notice." In the Circular cited at (i) above it was clarified that after the amendment of the Rules it was not necessary to issue the second show cause notice. In the Circular cited at (ii) above it was, however pointed out that in respect of proceedings started prior to the 42nd amendment of the Constitution or prior to the amendment of the Karnataka Civil Services (Classification, Control & Appeal) Rules, 1957, and which were pending with the disciplinary authorities, it was advisable to issue the seond show cause notice as was necessary prior to the amendment.
2) This issue was examined by a Division Bench of the High Court of Karnataka in W.P. No. 17572 of 1980 (M.P.Naik Vs. the State of Karnataka and others). The court held the view, among others, that the opportunity to show cause to be given to the Government servant after furnishing a copy of Inquiry Officer's report was a part of the reasonable opportunity of being heard contemplated by Article 311(2) before as well as after its amendment and that what was denied by the amendment of Article 311(2) was only an opportunity of making representations in regard to the proposed penalty. According to the court, the amendment did not take away the right of Government servant to be supplied with a copy of the report of the Inquiry Officer and to an opportunity of showing cause vis-a-vis the findings recorded by the Inquiry Officer in his report.
3) The State Government have appealed to the Supreme Court. But pending decision on the appeal, it is considered necessary to comply with the direction of the High Court of Karnataka in the W.P. referred to above.
4) Thus, in modification of the instructions contained in the Circulars read above, Government direct that before passing the final orders imposing any of the penalties specified in clauses (v) to (viii) of rule 8 of the K.C.S. (C.C.&A) Rules, 1957, on a Government servant, a copy of the Inquiry Officer's report should be given to the Government servant providing him an opportunity of showing cause why the findings recorded by the Inquiry Officer in his report should not be accepted. It is not necessary to intimate him the tentative decision of the disciplinary authority in regard to the penalty proposed.
5) The Secretaries to Government and the Heads of Departments are requested to bring the above instruction to the notice of all Disciplinary Authorities/Appointing Authorties under their control.
2) This issue was examined by a Division Bench of the High Court of Karnataka in W.P. No. 17572 of 1980 (M.P.Naik Vs. the State of Karnataka and others). The court held the view, among others, that the opportunity to show cause to be given to the Government servant after furnishing a copy of Inquiry Officer's report was a part of the reasonable opportunity of being heard contemplated by Article 311(2) before as well as after its amendment and that what was denied by the amendment of Article 311(2) was only an opportunity of making representations in regard to the proposed penalty. According to the court, the amendment did not take away the right of Government servant to be supplied with a copy of the report of the Inquiry Officer and to an opportunity of showing cause vis-a-vis the findings recorded by the Inquiry Officer in his report.
3) The State Government have appealed to the Supreme Court. But pending decision on the appeal, it is considered necessary to comply with the direction of the High Court of Karnataka in the W.P. referred to above.
4) Thus, in modification of the instructions contained in the Circulars read above, Government direct that before passing the final orders imposing any of the penalties specified in clauses (v) to (viii) of rule 8 of the K.C.S. (C.C.&A) Rules, 1957, on a Government servant, a copy of the Inquiry Officer's report should be given to the Government servant providing him an opportunity of showing cause why the findings recorded by the Inquiry Officer in his report should not be accepted. It is not necessary to intimate him the tentative decision of the disciplinary authority in regard to the penalty proposed.
5) The Secretaries to Government and the Heads of Departments are requested to bring the above instruction to the notice of all Disciplinary Authorities/Appointing Authorties under their control.
sd/-
A.H.Someshwar,
Deputy Secretary to Government,
Dept. of Personnel & Admnv. Reforms,
(Service Rules).
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