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State of Karnataka - Section

Section 11 in Karnataka Sakaala Services Act, 2011

11. Procedure governing fixing of liability.

(1)Within a period of fifteen days of the payment of compensatory cost, the competent officer after conducting preliminary enquiry, shall issue a notice against the public servant found responsible for the delay in delivery of such citizen related services in such manner as may be prescribed, calling upon him as to why the compensatory cost paid to the citizen may not be recovered from him.
(2)The public servant against whom such notice is issued may represent within a period of seven days from the date of receipt of such notice. In case no such representation is received, by the competent officer, within the prescribed period or explanation received, if any, is not found satisfactory, the competent officer shall be entitled to issue debit note directing such defaulting public servant either deposit the cost as stipulated in the debit note or directing the Accounts officer concerned to debit the salary of such public servant for the amount as specified in the debit note:Provided that if the competent officer finds reasonable and justified grounds in favour of public servant and come to the conclusion that the delay in delivery of services to the citizen was not attributable to him, but was attributable to some other public servant, it shall be lawful for the competent officer to withdraw the notice against him and issue fresh show cause notice to such other public servant as found responsible for the delay and shall follow the procedure mutatis mutandies as stipulated in this sub-section and sub-section (1) of this section.
(3)While fixing the liability under this Act, the competent officer shall follow the principles of natural justice before passing the order in that respect.