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State of Kerala - Section

Section 13 in Kerala Civil Services (Classification, Control & Appeal) Rules, 1960

13. Disciplinary authorities.

(1)The Government may impose any of the penalties specified in terms (i) and (iii) to (viii) of rule 11(1) on members of the State Services:Provided that the authority competent to impose the penalties specified in items (i), (iii), (iv), (v), (vA), (vii) and (viii) of sub-rule (1) of rule 11 on the members of the Kerala Civil Judicial Service other than Munsiffs, or the members of the Kerala Criminal Judicial Service other than Judicial Magistrates of the Second Class, shall be the High Court:Provided further that the authority competent to impose the penalties specified in items (vi), (vii) and (viii) of sub-rule (1) of rule 11 on District Judges or Munsiffs or Judicial Magistrates of the Second Class shall be the Governor.Provided also that the Governor shall exercise the power conferred by the foregoing proviso after obtaining a report by the High Court:Provided further that in the case of Tahsildars in the Revenue Department, the authority competent to impose the penalties specified in terms (i), (iii), (iv), (v) and (vA) of sub-rule (1) of the Rule 11 shall be the Collector of the District concerned and the authority competent to impose the penalties specified in items (vi), (vii) and (viii) of the said sub-rules shall be the Board of Revenue:Provided further that in the case of Assistant Public Prosecutors Grade II, the authority competent to impose the penalties of censure, withholding of increments, or promotions temporarily and recovery from pay specified in Rule 11 (1) shall be the Collector of the District concerned:Provided further that the Government may by general or special order, delegate to Heads of Departments, Collectors or other authorities as may be specified by the Government in the order, their power to impose the penalties of-
(a)Censure and
(b)Withholding of increments, temporarily, on all members of the State Services serving under them and in the case of the members of the State Services holding the lowest ranks, serving under them, in addition to the above penalties, the penalties of,
(c)recovery from pay of the whole or part of any pecuniary loss caused to a State Government or the Central Government or to a local authority by negligence or breach of orders,
(d)recovery from pay to the extent necessary of the monetary value equivalent to the amount of increments ordered to be withheld where such an order cannot be given effect to,
subject to-
(1)the condition that from the orders passed by Heads of Departments, Collectors or other authorities in exercise of the powers so delegated, a revision shall lie to the Government.
(2)the condition that such delegation shall not enable the Heads of Departments, Collectors or other authorities so empowered to impose the punishment of recovery from pay in cases where they are not competent to impose the said penalty on any member of a subordinate service working under them, and any other condition as may be specified in the order:Provided further that-
(a)in the case of Taluk Supply Officers, City Rationing Officers, Special Tahsildars and Superintendents of the Civil Supplies Department, the authority competent to impose the penalty specified in items (v) , (vA) of sub-rule (1) of Rule 11 shall be the Director of Civil Supplies/Commissioner of Civil Supplies and the authority competent to impose the penalties specified in items (vi), (vii) and (viii) of sub-rule (1) of Rule 11 shall be the Board of Revenue and
(b)in the case of District Supply Officers, Assistant Secretaries and the Officers of the rank of District Supply Officers in the Civil Supplies Department, the authority competent to impose the penalties of censure and withholding of increments temporarily and the penalty specified in item (iv) of sub-rule (1) of Rule 11 shall be the Board of Revenue.
Provided further that in the case of Superintendents, Circle Inspectors and Managers of the Kerala Excise and Prohibition Service, the authority competent to impose the penalties specified in items (i), (iii), (iv), (v), (vA), (vi), (vii) and (viii) of sub-rule (1) of Rule 11 shall be the Board of Revenue:Provided also that any of the penalties specified in column (1) of the Table below may be imposed on the Sales Tax Officers in the Agricultural Income Tax and Sales Tax Department by the authority specified in the corresponding entry in column (2) thereof.
Penalties Authority Competent to impose the penalties
(1) (2)
Penalties specified in items (1), (iii) and(iv) of rule 11 (1) Deputy Commissioner concerned of the theAgricultural Income Tax and Sales Tax Department
Penalties specified in items (v) and (vA) ofrule 11 (1) Deputy Commissioner concerned of theAgricultural Income Tax and Sales Tax Department or the Board ofRevenue
Penalties specified in items (vi), (vii) and(viii) of rule 11 (1) Board of Revenue
(1a)The authority which may impose the penalty of reduction of pension on a member of a State Service or of a Subordinate Service shall be the Government or the authority competent to sanction the pension of the officer.
(2)
(a)The authority which may impose the penalties of,
(i)Censure;
(ii)Fine;
(iii)Withholding of increments temporarily on a member of Subordinate Service shall be his immediate superior Gazetted Officer or any higher authority.
(b)The authority which may impose the penalties of,
(i)Recovery from pay;
(ii)Withholding of promotion temporarily;
(iii)Reduction to a lower rank in the seniority list or to a lower grade or post or time-scale, whether in the same service or in another service, or to a lower stage in a time-scale;
(iiiA)Withholding of increments with cumulative effect;
(iv)Compulsory retirement;
(v)Removal from the Civil Service of the State Government; and
(vi)Dismissal from the Civil Service of the State Government; on a member of a Subordinate Service shall be the appointing authority or any higher authority:
Provided that the District Collectors in their respective jurisdictions shall be competent to impose the punishments specified in this clause on the members of the subordinate services employed in the Harijan Welfare Department, other than those employed in the Office of the Director of Harijan Welfare:Provided further that the District Collectors in their respective jurisdictions shall be competent to impose the penalties specified in clauses (a) and (b) of this sub- rule except penalties specified in items (v) and (vi) of clause (b) on members of the Subordinate Services employed in the Civil Supplies Department, other than those employed in the Office of the Board of Revenue (Civil Supplies):Provided also that the District Collectors in their respective jurisdictions shall be competent to impose the penalties specified in items (i), (ii), (iii) and (iiiA) of clause (b) on Deputy Tahsildars:Provided also that the District Collectors in their respective jurisdictions shall be competent to impose the penalties specified in this clause on members of the Subordinate Services of the Survey and Land Records Department who are under their administrative control:Provided also that the District Collectors in their respective jurisdictions shall be competent to impose the penalties specified in clause (a) and items (i) and (ii) of clause (b) of this sub-rule on members of the Subordinate Services working under the Tahsildar, Land Tribunals:Provided also that the Deputy Commissioners of the Agricultural Income Tax and Sales Tax Department shall be competent to impose the penalty of withholding of promotion and the penalties specified in items (iv), (v), and (vA) of sub-rule (1) of rule 11 on the Assistant Sales Tax Officers working under them:Provided also that the Director of Coir Development and the Director of Handlooms shall be competent to impose the penalty specified in item (i) of clause (b) of this sub-rule on members of the Subordinate Services working under them.
(3)Where in any case a higher authority has imposed or declined to impose a penalty under this rule, a lower authority shall have no jurisdiction to proceed under this rule in respect of the same case.
(4)The order of a higher authority imposing or declining to impose in any case a penalty under this rule shall supersede any order passed by a lower authority in respect of the same case.