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08 2023( , 18 1945)
. 217 No. 217 BENGALURU, THURSDAY, 08, JUNE, 2023(JYAISTHA, 18, SHAKAVARSHA, 1945)
¨sÁUÀ – 4 J Part – IVA
GOVERNMENT OF KARNATAKA
No.FD 7 SRS 2022 Karnataka Government Secretariat,
Vidhana Soudha,
Bangalore, Dated: 08.06.2023.
NOTIFICATION
The draft of the following rules further to amend the Karnataka Civil Services Rules, which the Government of Karnataka proposes to make in exercise of the powers conferred by sub-section (1) of section 3 read with sub-section (1) of section 8 of the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990) is hereby published as required by clause (a) of sub-section (2) of section 3 of the said Act for the information of all persons likely to be affected thereby and notice is hereby given that the said draft will be taken up for consideration after fifteen days from the date of its publication in the official gazette.
Any objection or suggestion which may be received by the State Government from any person with respect to the said draft before the expiry of the period specified above will be considered by the State Government. Objections or suggestions may be addressed to the Additional Chief Secretary to Government, Karnataka Government Secretariat, Finance Department, Room No.255-A, Second Floor, Vidhana Soudha, Bangalore – 560001.
DRAFT RULES
1. Title and commencement.- (1) These rules may be called the Karnataka Civil Services (Amendment) Rules, 2022.
(2) These rules shall come into force from the date of their final publication in the official gazette.
- Amendment of rule 214.- In the Karnataka Civil Services Rules, (hereinafter referred to as the said Rules) in rule 214,- ↩
"(c) The disciplinary proceedings as contemplated in clause (b) of sub-rule (2) if not initiated within the stipulated period as referred to therein, such inaction shall be attributable to the disciplinary authority or officers responsible and the Government shall initiate disciplinary proceedings and proceed to recover such monetary loss from the disciplinary authority or officers responsible".
(b) For sub-rule (3), the following shall be substituted, namely:-
"(3) For the purpose of sub-rule (1) no judicial proceedings if not instituted while the government servant was in service, whether before his retirement or during his re-employment, shall be instituted in respect of a cause of action which arose or in respect of an event which took place, more than four years before such institution:
Provided that, the limitation of four years specified in this sub-rule shall be applicable to judicial proceedings instituted for recovery of pecuniary loss only from the pension.
Provided further that, nothing contained in this sub-rule shall prevent the Government to recover such pecuniary loss from the assets of the pensioner other than the pension or from the property of the deceased pensioner devolved upon any person, under the general law applicable.
Provided also that, for the purpose of recovery of such pecuniary loss from the assets of pensioner or from the property of the deceased pensioner devolved upon any person, the general law of limitation shall be applicable."
(c) After sub-rule (3), the following shall be inserted, namely:-
"(3A) The judicial proceedings as contemplated in sub-rule (3), if not initiated within the stipulated period as referred to therein, such inaction shall be attributable to the disciplinary authority or officers responsible and the Government shall initiate disciplinary proceedings and proceed to recover such monetary loss from the disciplinary authority or officers responsible".
By order and in the name of the Governor of Karnataka,
(T.V. JOHNSON ANTHONY) Deputy Secretary to Government Finance Department (Services-1)