Circular on Furnishing incomplete information/records while recommending for initiating Departmental Enquiries

GOVERNMENT OF KARNATAKA

No.DPAR 1 SDE 2005 Karnataka Government Secretariat,

 Vidhana Soudha

 Bangalore, dated: 9th February 2005.

CIRCULAR

 Sub:-  Furnishing incomplete information/records while recommending for initiating Departmental Enquiries-reg.

 Ref:-(i) Circular No. DPAR 9 SDE 98 dated 3-8-98.

 (ii) Circular No. DPAR 7 SDE 2003 dated 12-5-2003.

  In the Circulars dated 3-8-1998 and 12-5-2003 cited above, certain guidelines were issued indicating the procedure to be followed by the Administrative Departments concerned before sending proposals for initiating disciplinary action/departmental enquiry against the officers coming under the purview of DPAR.  As per these instructions the departments with the approval of the Ministers concerned should come to a conclusion as to whether departmental enquiry should be initiated or not; thereafter articles of charges with Annexures I to IV including specific and definite articles of charges should be prepared; these articles of charges should clearly indicate the loss caused to Government as a result of the misconduct of the accused officer, the Act/Law/Rule violated should be clearly mentioned and the complete proposal with all the original documents should be sent to DPAR.  It was also indicated in these circulars that proposals for taking disciplinary action against officers who are on the verge of retirement should be sent well in advance.

 2. Inspite of repeated and clear instructions as above, it is found that the administrative departments are not complying with these instructions but are sending papers/allegations to the DPAR without examining them.  The administrative departments have not taken the above mentioned circulars seriously.  Consequently there is protracted correspondence between the departments and departmental enquires are not initiated in time; the charges against the officers also get weakened.  In this background, while reiterating the above mentioned circulars, the attention of the administrative departments is drawn to the following instructions and it is clarified that disciplinary action will be taken against those officers who do not comply with these instructions.  With a view to prevent unnecessary correspondence and to avoid delay, it has been decided to receive only such proposals which are complete in all respects as indicated above.

 3. Therefore, while sending the proposals regarding disciplinary cases to DPAR in addition to complying with the instructions contained in the Circulars dated 3-8-98 and 12-5-2003, the following instructions also should be adhered to:

1. The administrative departments should prepare specific/definite articles of charges indicating therein a clear statement of the misconduct, the Rule/Law which has been violated as a result of the misconduct.

2. The administrative departments should obtain the approval of the Ministers concerned before sending proposals to DPAR.

3. Complaints or allegations against the officers should not be sent to DPAR without examination.  Such allegations/complaints should be sent to DPAR after obtaining the report/opinion of the Head of the Department concerned and with the definite opinion of the Department.

4. The departments should not delay the proposals relating to the officers who are about to retire.  If such proposals are sent to DPAR at the last moment and the enquiry becomes time-barred, the officers/officials responsible for delay will have to be identified and action will be taken against them.

5. In cases where the DPAR conveys a decision or seeks clarifications from the departments, the administrative departments should not send notes to DPAR questioning or commenting on the stand of DPAR or giving direction to DPAR thereby delaying the process.  Action will have to be taken against the officers responsible for such notes/replies and consequent delays.

6. At any stage of the enquiry, before sending proposals/clarifications/replies to DPAR the approval of the Secretary of the Department concerned should invariably be obtained.

7. While sending the disciplinary cases to the DPAR the departments should send all the documents mentioned in Annexure-III in original.  The departments should keep a copy of the documents with them.  The original documents may not be returned to the departments until the departmental enquiry is completed.

 4. If it is noticed that incomplete proposals are sent to DPAR in violation of the above mentioned instructions, disciplinary action will have to be taken against the officers including Principal Secretary/Secretary/ Addl. Secretary/ Joint Secretary/ Deputy Secretary/ Under Secretary who send such incomplete proposals to DPAR.

 5. This Circular is issued with the approval of the Hon'ble Chief Minister. 

K.K. Misra

Chief Secretary.