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[Cites 0, Cited by 1] [Section 5] [Entire Act]

State of Karnataka - Subsection

Section 5(1) in Karnataka State Civil Services Act, 1978

(1)The State Government may, by notification, invest any authority or officer authorised by any law or the rules made or deemed to have been made under this Act to make an inquiry into the conduct of any member of public service with the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), in respect of the following matters, namely :-
(a)summoning and enforcing the attendance of any person and examining him on oath;
(b)requiring the discovery and production of any document ;
(c)receiving evidence on affidavits ;
(d)requisitioning any public record or copy thereof from any court or office;
(e)issuing commissions for the examination of witnesses or documents;
(f)any other matter which may be specified in such notification :
[Provided that in respect of any inquiry against the officers and servants of the High Court or the Secretariat Staff of the Houses of the Legislature, the powers of the State Government under this sub-section shall be exercised by the Chief Justice of the High Court and the Special Board or the Board as the case may be respectively.] [Inserted by Act 37 of 1991 w.e.f. 10.12.1991.][Provided further] [Substituted by act 37 of 1991 w.e.f. 10.12.1991.] that in respect of any inquiry by any authority or officer authorised by the High Court or the Chief Justice of the High Court, the power of a civil court referred to in this sub-section may, by notification, be invested on such authority or officer by the High Court or the Chief Justice, as the case may be:[Provided also] [Substituted by act 37 of 1991 w.e.f. 10.12.1991.] that notwithstanding anything contained in sub-section (1), the authorised inquiring authority shall not compel the Reserve Bank of India, the State Bank of India, any subsidiary bank as defined in clause (k) of section 2 of the State Bank of India (Subsidiary Banks) Act, 1959 (Central Act 38 of 1959) or any corresponding new bank constituted under section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act 5 of 1970),-
(a)to produce any books of account or other documents which the Reserve Bank of India, the State Bank of India; the subsidiary or the corresponding new bank claims to be of a confidential nature, or
(b)to make any such books or documents a part of the record of the proceedings of the departmental inquiry, or
(c)to give inspection of any such books or documents, if produced, by any party before it or to any other person.