Discipline and penalties for misconduct by staff as per Rule - 8 of Karnataka Civil Services ( Classification, Control and Appeal) CCA Rules, 1957

Part IV - DISCIPLINE - PENALTIES

8. Nature of penalties.-1[One or more of the following penalties]1 for 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;
  • 1[(iii) “Withholding of increments;
  • (iii-a) Withholding of promotion”]1
  • (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;
  • 3[*[(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;]
  • 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.
    • (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[Provided that 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 (viii) shall be imposed for an established charge of corruption.]1

3[Explanation 1.-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).]3

2[Explanation 2.-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:¬
    • (a) Of a person employed under an agreement, in accordance with the terms of such agreement; or
    • 1A[(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]1A

Last Updated: 29-Mar-2024 16:20