Section 18 in Kerala Civil Services (Classification, Control & Appeal) Rules, 1960
18. Special procedure in certain cases.
- Notwithstanding anything contained in rules 15, 16 and 17(i)where a penalty is imposed on a Government servant on the ground of conduct which had led to his conviction on a criminal charge; or(ii)where the Disciplinary Authority is satisfied for reason to be recorded in writing that it is not reasonably practicable to follow the procedure prescribed in the said rules, or(iii)where the Governor is satisfied that in the interest of the security of the State it is not expedient to follow such procedure; the Disciplinary Authority or the Governor, as the case may be, may consider the circumstances of the case and pass such orders thereon as he deems fit:Provided that before passing such orders under clauses (i) and (ii) the Commission shall be consulted in cases where such consultation is necessary under the rules:Provided further that where a Government Servant is convicted on a criminal charge by a criminal court and sentenced to imprisonment and or with fine:-(a)he shall be dismissed or removed from service by invoking the provisions contained in item (a) of the second proviso to clause (2) of Article 311 of the Constitution of India irrespective of the fact that an appeal is pending or that the execution of sentence is suspended in respect of the said conviction and(aa)before taking final decision in the matter, factors including the conduct of the employee, gravity of misconduct, impact of misconduct on the administration, and other extenuating circumstances, if any, shall be taken into account by the Government for taking its own decision as to whether the Government servant is to be dismissed or removed from service or not. If it is decided to dismiss or remove the Government servant from service, he shall be given reasonable opportunity to show cause why his services should not be dismissed or removed. Before passing final orders as per clause (a) above, the Commission shall also be consulted.(b)in case the said conviction is subsequently set aside in appeal or otherwise and the Government servant is acquitted of the charges, the order of dismissal or removal ceases to have effect and revised orders shall be issued forthwith to reinstate him in service entitling him all the benefits to which he would have been entitled had he been in service:Provided also that in case where conviction is on a summary trial for petty offences and the sentence is for a fine up to Rupees Two Thousand only, such conviction shall not be treated as a conviction for the purpose of this rule and for the entry into service or retention in service as the case may be.
