KSRTC Servants (Conduct & Discipline) Regulations 1971
KSRTC Servants (Conduct & Discipline) Regulations 1971
These regulations are brought into force with effect from 19th June 1974 B.N. Vide Circular
No 252 issued under No.
KST: CO: RULES: 629:74-75 Dated 19-06-1974.
2
HOME SECRETARIAT
PROCEEDINGS OF THE GOVERNMENT OF KARNATAKA
G.S.R. 153, THE CPROPORATION Board of the Karnataka State Road Transport Corporation
have in their Resolution No 1896, dated the 27th and 28th July 1971, approved the “ Karnataka
State Road Transport Corporation Servants ( Conduct and Discipline ) Regulations, 1971” and
have recommended them to Government for approval . The General Manager, Karnataka State
Road Transport Corporation in his letter, Dated 17th January 1972 referred to above has requested
approval of Government for the said Regulations.
2. Under Section 45 of the Road Transport Corporations Act. 1950 ( Central Act 64 of
1950 ) sanction is hereby accorded to the “ Karnataka State Road Transport Corporation
Servants ( Conduct and Discipline) Regulations, 1971 “ made by the Corporation.
V Bhadraiah
Under Secretary to Government, Home Department
3
Annexure to G.O. No. HD 109 TRE 71, Dated:15th March 1972
PRELIMINARY
2. Definitions:
In these Regulations, unless the context otherwise requires.
(a) “Appellate Authority” means the Authority competent under these Regulations
to exercise the powers of Appellate Authority;
(b) “Corporation” means the Karnataka State Road Transport Corporation ;-
(c) “Corporation Servant” means an Officer or servant of the Corporation whose conditions of
appointment and service can be determined by the Corporation by Regulations made under the
Road Transport Corporation Act, 1950;
(d) “Disciplinary Authority” in relation to imposition of penalties on a Corporation servant
means the Authority competent under these Regulations to impose on him that penalty;
(e) “Member of family” in relation to a Corporation servant includes-
(i) the wife or husband as the case may be, of such Corporation servant whether residing with
the Corporation servant or not but does not include a wife or husband as the case may
be, separated from the Corporation servant by a decree or order of a competent court;
(ii)the son or daughter or the step-son or step-daughter of such Corporation servant and wholly
dependent on him, but does not include a child or step-child who is no longer in any way
dependent on the Corporation Servant or of whose custody the Corporation servant or of
whose custody the Corporation servant has been deprived by or under any law; and
(iii) any other person related whether by blood or marriage, to the Corporation servant or to the
Corporation servant’s wife or husband and wholly dependent on the said Corporation servant.
5
Part-II
(2) (i) Every Corporation servant holding a supervisory post shall take all possible steps to
ensure the integrity and devotion to duty of all Corporation servants for the time being under his control
and authority.
(ii) No Corporation servant shall in the performance of his official duties or in the exercise of
the powers conferred on him, act otherwise than in his best judgment except when he is acting under the
direction of his official superior and shall where he is acting under such direction, obtain the direction in
writing, wherever practicable, and where it is not practicable to obtain the direction in writing, he
shall obtain written confirmation of the direction as soon thereafter as possible.
(2) Not withstanding anything contained in Sub-Regulation(i), a Corporation servant may undertake any
honorary work of a social or charitable nature or occasional work of a literary artistic or scientific
character:
Provided that such work does not interfere with his official duties.
Provided further that he shall not undertaken and shall, if he has already undertaken, discontinue such work
if so directed by the Corporation.
(3) Every Corporation servant shall report to the Corporation if any member of his family is engaged in
a trade or business or owns or manages an insurance agency or commission agency.
(4) Expect in the course of the discharge of his official duties, no employee shall, without the previous
sanction of the Corporation, take part in the registration, promotion or management of any bank or other
company which is required to be registered under the Companies Act, 1956 (Central Act 1 of 1956) or
any other law for the time being in force or any co-operative society for commercial purposes:
6
Provided that a Corporation servant may taken part in the registration, promotion or management of
a co-operative society substantially for the benefit of Corporation servants registered under the
Karnataka Co-operative Societies Act, 1959, or of a literary, scientific or charitable society registered
under the Karnataka Societies Registration Act, 1960
(5) No Corporation servant may accept any fee for any work done by him for any
public body or any private person without the sanction of the Corporation.
Note:- The burden of proving that the insolvency or indebtedness was the result of circumstance which,
with exercise of ordinary diligence, the Corporation servant could not have foreseen or over which he
had no control, and had not proceeded from extravagant or dissipated habits, shall be upon the
Corporation servant.
6. Demonstrations, etc.:
(1) No Corporation servant shall engage himself or participate in any demonstration which
is prejudicial to the sovereignty and integrity of India, the security of the State, friendly relations with
foreign States, Pubic order, decency or morality or which involves contempt of court defamation or
incitement to an offence.
(2) No Corporation servant shall hold within the precincts of any office any place under the
control of the Corporation, any demonstration which is violent or which prevents or is calculated to
prevent or which obstructs or is calculated to obstruct, the normal transaction of business in such office or
place.
(3) No Corporation servant shall obstruct any person from lawfully entering or leaving any
office or place under the control of the Corporation, or from carrying on any business in such office
or place.
(4) No Corporation servant shall act in any manner calculated to undermine the
confidence of the persons using the facilities provided by the Corporation.
(3) No Corporation servant shall in the discharge of his official duties deal with any matter or
give or sanction any contract to any undertaking or other person if any member of his family is
employed in that undertaking or under that person or if he or any member of his family is
interested in such matter or contract in any other manner and the Corporation servant shall refer every
such matter or contract to his official supervisor Officer or Authority and the matter or contract shall
thereafter be disposed of according to the instruction of such Officer or Authority.
(2) It shall be the duty of every Corporation servant to Endeavour to prevent any member of his
family from taking part in, subscribing aid of or assisting in any other manner any movement or activity
which is, or tends directly or indirectly to be, subversive of the Government as by law established and
where a Corporation servant is unable to prevent a member of his family from taking part in, or
subscribing in aid of or assisting in any other manner, any such movement or activity, he shall make
a report to that effect to the Corporation.
(3) If any question arises whether a party is a political party or whether any organisation
take part in politics or whether any movement or activity falls within the scope of sub-Regulation (2),
the decision of the Corporation thereon shall be final.
(4) No Corporation servant shall canvass or otherwise interfere with, or use his influence in
connection with or take part in an election to any Legislature or Local Authority:
8
Provided that-
(i) a Corporation servant qualified to vote at such election may exercise his right vote, but
where he does so, he shall give no indication of the manner in which he proposes to vote or has voted.
(ii) a Corporation servant shall not be deemed to have contravened the provisions of this Sub-
Regulation be reason only that he assists in the conduct of an election in the due performance of a duty
imposed on him by or under any law for the time being in force.
(5) Notwithstanding anything contained in the Regulation, the Supervisory cadre of employees
and above shall not associate themselves and or be members of any Trade Union and or Federation and
or Association formed be the workers. They shall also not associate with or be members of any Trade
Union and or Federation and or Association formed by the other Class of Employees in the Corporation.
For the purpose of this Regulation, the Supervisor category shall include:
1) Traffic Inspector
2) Chargeman
3) Chargeman (Printing)
4) Divisional Security Inspector
5) Inspector of Accounts
6) Junior Engineer
7) Draughtsman
8) Stenographer (Senior)
9) Store Keeper
10) Supervisor (Accounts)
11) Supervisor (Administration)
12) Supervisor (Statistical)
13) Supervisor (Labour)
14) Assistant Traffic Superintendent
15) Assistant Works Superintendent
16) Supervisor (Electrical)
17) Technical Superintendent
18) Personal Assistant
19) Stores Superintendent
20) Superintendent (Administration)
21) Superintendent (Accounts)
22) Superintendent (Statistical)
23) Assistant Engineer
24) Head Artisan
25) Assistant Traffic Inspector
9
and any other category that may be included in future in the Supervisory category.
(6) Notwithstanding anything contained in the Regulation, the Security personnel shall not
associate themselves and or be members of any Trade Union and or Federation and or Association
formed is the workers. They shall also not associate with or be members of any Trade Union and or
Federation and or Association formed by any other Class of employee in the Corporation.
For the Purpose of this Regulation, Security Personnel shall include:-
1) Divisional Security Inspector
2) Assistant Security Inspector
3) Watch and Ward Inspector
4) Security Havildar
5) Security Head Guard
6) Security Guard
And other category that may included in future in the Security Department.
10. Unauthorised Communication of information:
No Corporation servant shall, except in accordance with any general or special order of the
Corporation or in the performance in good faith of the duties assigned to him communicate, directly or
indirectly any official document or any part thereof information to any Government or Corporation
servant or any other person to whom he is not authorised to communicate such document or
information.
Explanation: Quotation by a Corporation servant (in his representations to official superior
Authorities) of or from any letter, Circular or office memorandum, or from the notes on any file, to
which he is not authorised to have access or which he is not authorised to keep in his personal custody or
for personal purposes, shall amount to unauthorised communication of information within the meaning
of this Regulation.
11. Subscriptions:
No Corporation servant shall, except with the previous sanction of the Corporation or such
Authority as the Corporation may specify ask for or accept contribution to or otherwise associate
himself with the raising of, any funds or other collections in cash or in kind in pursuance of any object
whatsoever.
12. Gifts: (1) Save as otherwise provided in this part, no Corporation servant shall accept, or
permit any member of his family or any person acting on his behalf to accept, any gift.
Explanation: The expression “gift” shall include free transport, boarding, lodging or other service
or any other pecuniary advantage hen provided by any person other than a near relative or personal
friend having no official dealing with the Corporation servant.
Note- A causal meal, lift or other form of social hospitality shall not be deemed to be a gift.
(2) A Corporation servant of the Corporation shall avoid accepting lavish hospitality from
any individual having official dealing with him or from industrial or commercial firms,
organisations and the like.
10
(3) On occasions such as weddings, anniversaries, funerals or religious functions, when the
making of gift is in conformity with the prevailing religious or social practice, a Corporation employee
may accept gifts from his near relatives but shall report of such acceptance to the Corporation if the value
of any such gifts exceeds.
(i) Rs.10,000 in the case of a Corporation servant holding any Class-I or Class-II
post.
(ii) Rs.5,000 in the case of a Corporation servant holding any Class-III post; and
(iii) Rs.4,000 in the case of a Corporation servant holding any Class-IV post.
(4) On such occasions as are specified in Sub-Regulation (3), a Corporation servant may
accept gifts from his personal friends having no official dealing with him but he shall make a
report to the Corporation if the value of any such gifts exceeds:
(i) Rs.8,000 in the case of a Corporation servant holding any Class-I or Class-
II post,
(ii) Rs.4,000 in the case of a Corporation servant holding any Class-III post;
and
(iii) Rs.3,000 in the case of a Corporation servant holding any Class-IV post.
(5) In any other case, a Corporation servant shall not accept any gift without the
sanction of the Corporation if the value thereof exceeds
(i) Rs.1,000 in the case of a Corporation servant holding any Class-I or
Class-II post.
(ii) Rs.500 in the case of a Corporation servant holding any Class-III or Class-
IV post.
Note- Receipt of presents by Corporation servants at the time of their marriage, in the
form of cash, ornaments, clothes, or other articles, otherwise than as consideration for
marriage, from the relatives and personal friends, will be regulated by Sub-Regulation (3) and
(4) above. The receipt of such presents, from persons other than relatives and personal friends,
will be regulated by Sub Regulation (1), read with Sub-Regulation (5) above.
13. Investment, lending and borrowing: (1) No Corporation servants shall speculate in
any stock, share or other investment.
Explanation- Frequent purchase or sale or both, of shares, securities or other
investments shall be deemed to be speculation with the meaning of this Sub Regulation.
(2) No employee shall make, or permit any member of his family or any person
acting on his behalf to make, any investment which is likely to embarrass or
influence him in the discharge of his official duties.
(3) If any question arises whether any transaction is the nature referred o in Sub-
Regulation (1) or Sub-Regulation (2), the decision of the Corporation thereon
shall be final.
(4) (i) No Corporation servant shall, save in the ordinary course of business with a bank or a
firm of standing duly authorised to conduct banking business either himself or through any
member of his family or any other person acting on his benefits.
(a) Lend or borrow money, as principal or agent, to or from any persons with whom he is
likely to have official dealing, or otherwise place himself under any pecuniary obligation to
such person, or
11
(b) Lend money to any person at interest or in a manner whereby return in
money or in kind is charged or paid:
Provided that an employee may give to, or accept from, a relative or a personal friend, a
purely temporary loan of a amount free of interest, or operate a credit account with bona-fide
tradesman or make an advance of a pay to his private employee:
Provided further that nothing in this Sub-Regulation shall apply in respect of any
transaction entered into by a Corporation servant with the previous sanction of the Corporation.
Note: (i) Sub-Regulation (1) shall not ordinarily apply to Class-IV Corporation Servants,
but the Corporation may in appropriate cases direct that it shall apply to any of such orporation
servants.
(ii) In every return, the values of items of movable property worth less than Rs.10,000/-
may be added and shown as lump sum. The values of articles of daily use such as clothes,
utensils, crockery, books and the like need not be included in such return.
(iii) Every Corporation servant who is in service on the date of commencement of these
Regulations shall submit a return under this Sub-Regulation or before such date as may be
specified by the Corporation after such commencement.
(2) No Corporation servant any member of his family shall except with the
knowledge of the Corporation, acquire or dispose of nay immovable property
by lease, mortgage, purchase, sale, gift, or otherwise either in his own name
or in name of any member of his family.
12
Provided that the previous sanction of the Corporation shall be obtained by the
Corporation servant if any such transaction is:-
(i) with a person having official dealings with the Corporation servant; or
(ii) otherwise than through a regular or reputed dealer.
(3) Every Corporation servant shall report to the Corporation every transaction
concerning movable property owned or held by him or any member of his family either in his
own name or in the name of a member of his family. If the value of such property exceeds
Rs.50,000/- in the case of a Corporation servant holding any Class-I or Class-II post or
Rs.25,000/- in the case of an Corporation servant holding any Class-III or IV post;
Provided that the previous sanction of the Corporation shall be obtained if any such
transaction is:-
(i) with a person having official dealing with the Corporation servant; or
(ii) Otherwise than through a regular or reputed dealer.
3 (A). Every Corporation servant shall report to the Corporation every transaction
concerning cash received by him or by any member of his family from sources other than the
Corporation servant’s salary and allowance, Insurance or Provident Fund if such cash exceeds
Rs.50,000/- in the case of a employee holding any Class-I or Class-II post or Rs.25,000/- in the
case of a Corporation servant holding any Class-III or Class-IV post.
(4) The Corporation or any Authority empowered by it in this behalf may, at any time, by
a general or special order, require a Corporation servant to furnish, within a period specified
in the order, a full and complete statement of such movable or immovable property held or
acquired by him or any member of his family or in his behalf or by any member of his family as
may be specified in the order. Such a statement shall, if so required by the Corporation or
by Authority so empowered include the details of the means by which, or the source from
which, such property was acquired.
(5) The Corporation may exempt any category the Corporation servants belonging to Class
III or Class IV from any of the provisions of this Regulation except Sub-Regulation (4)
Explanation: For the purpose of this Regulation the expression „movable property
includes:
(a) Jewellery, Insurance policies the annual premia of which exceed Rs.1,000,00/- or
one sixth of the total annual emoluments received from the Corporation whichever is less, shares,
securities and debentures.
(b) loans advanced by such Corporation servants whether secured or not: (c) Motor cars,
motor cycles, or any other means of conveyance; and (d) Refrigerators, radios radiograms
15. Canvassing of Non-official or other influence:No Corporation servant shall bring or
attempt to bring any political or other influence to bear upon any superior Authority to further
his interests in respect of matters pertaining to his service under the Corporation.
16. Bigamous marriage:-(1) No Corporation servant shall enter into, or contract a
marriage with a person having a spouse living; and
13
(2) No Corporation servant having a spouse living shall enter into, or contract, a
marriage with any other person:
Provided that the Corporation may permit a Corporation servant to enter into, or
contract, any such marriage as is refereed to in clause(1) and clause(2), if it is satisfied that;
(a) such marriage is permissible under the personal law applicable to such
Corporation servant and the other party to the marriage.
14
Part-III
DISCIPLINARY PROCEEDINGS
18. Nature of Penalties: - Any one or more of the followings penalties, may, for good
and sufficient reasons and as hereinafter provided, be imposed on a Corporation servant,
namely:
A. Minor penalties:-
(i) Fine in the case of Class-III and IV servants;
(ii) Censure;
(v) Recovery from his wages or salary of the whole or part of any pecuniary loss
caused by him to the Corporation by negligence or breach of orders or unauthorised absence
from duty.
(vi) Reduction to a lower stage in the time scale of wages or pay for a specified period,
with further director as to whether the Corporation servant will earn increments of wages or
pay during the period of such reduction and whether, on the expiry of such period, the reduction
will or will not have the effect f postponing the future increments of his wages or pay;
(vii) Suspension for a period not exceeding 60 days with subsistence allowance of an
mount equal to one half of his wages or pay which he would have drawn if he had been on
duty;
(viii) Reduction to a lower time scale of wages or pay, grade, post or service which
shall ordinarily be a bar to the promotion of the Corporation servant to the time scale of wages
or pay, grade, post or service from which the Corporation servant was reduced, with or
without further directions regarding the conditions or restoration of the time scale of
wages or pay, grade or post or service from which the Corporation servant was reduced and his
seniority and wages or pay on such restoration to that time scale of wages or pay, grade, post or
service.
B- Major Penalties:
(ix) Removal from service which would not be a disqualification for future
employment;
(x) Dismissal from service which would ordinarily be a disqualification for
future employment.
Explanation-1:- The following shall not amount to penalties within the meaning of this
Regulation namely.
(i) With-holding of increments of a Corporation servant for his failure to pass any
departmental examination, in accordance with the Regulations or orders
governing the service to which he belongs or post which he holds or the terms
of his appointments.
(ii) Stoppage of a Corporation servant at the efficiency bar in the time scale of
wages or pay on the ground of his unfitness to cross the bar.
15
(iii) Non-promotion of a Corporation servant whether in a substantive or officiating
capacity, after consideration of his case, to a service, grade or post for promotion to which he is
eligible.
(iv) Suspension under Regulation-21.
(v) Reversion of a Corporation servant officiating in a higher service, grade or post to a
lower service, grade or post, on the ground that he is considered to be unsuitable to such
higher service, grade or post or any administrative ground unconnected with his conduct.
Explanation 2:- When the penalty of suspension is imposed on any Corporation servant
the period of such suspension, shall not be treated as period spent on duty, but the suspension
shall not have the effect of suspending the contract of service and shall not be treated as a
break in service. The period of his service shall however be reckoned excluding the
period of suspension.
19. Disciplinary Authorities:-(1) The Corporation may impose any of the penalties
specified in Regulation-18 on any Corporation servant.
(2) Without prejudice to the provisions of Sub-Regulation (1) any of the penalties
specified in Regulation-18 any be imposed on a Corporation servant by the Authority
specified in the schedule in this behalf or by any other Authority empowered in this behalf
by a general or special order of the Corporation.
(5) (1) A corporation Servant who is placed or deemed to have been placed or
continue to be under suspension shall be entitled to the following payment namely:-
(a) Subsistence allowance at an amount equal to the leave salary which the Corporation
Servant would have drawn if he had been on leave on half pay and in addition, dearness
allowance, if admissible on the basis of such leave salary and
17
(b) House Rent Allowance and City Compensatory Allowance admissible from time to
time on the basis of pay of which the Corporation Servant was in receipt on the date of
suspension subject to fulfillment of other conditions laid down for drawl of such allowances.
Provided that where the period of suspension exceeds six months the Authority which
made or is deemed to have made, the order of suspension shall be competent to vary the
amount of subsistence allowance for any period subsequent to the period of the first six months
as follows:-
(i) The Amount of Subsistence allowance may be increased by a suitable amount not
exceeding fifty percent of the subsistence allowance admissible during the period of first six
months, if, in the opinion of the said Authority, the period of suspension has been prolonged
for reasons to be recorded in writing, not directly attributable to the Corporation servant.
(ii) The Amount of Subsistence allowance may be reduced by a suitable amount not
exceeding fifty percent of the subsistence allowance admissible during the period of first six
months, if in the opinion of the said Authority, the period of suspension has been prolonged for
reasons, to be recorded in writing, directly attributable to the Corporation servant.
(iii) The amount of Dearness Allowance shall be based on the increase or decrease in the
amount of Subsistence allowance as the case may be, admissible under Clause (i) and (ii) above.
(2) No payment under Sub-Regulation (i) shall be made unless the corporation Servant
furnishes a certificate that he has not engaged in any other employment, business, profession
or vocation.
Provided that in the case of a Corporation Servant where a penalty of removal or
dismissal from service imposed upon a Corporation Servant under suspension is set aside in
appeal or on review under these Regulations, and the case is remitted for further inquiry or
action or with any other directions and if the order of suspension is deemed to have been
continued in force on and from the date of original order of removal or dismissal and remain in
force until further orders or where a penalty of removal or dismissal from service imposed
upon a Corporation Servant is set aside or declared or rendered void in consequence or by a
decision of a Court of Law and Disciplinary Authority on a consideration of the circumstances
of the case decides to hold further inquiry against him on the allegations on which the penalty
of removal or dismissal was originally imposed and if the Corporation servant is deemed to
have been placed under suspension by the Disciplinary Authority from the date of the
original order of removal or dismissal and continues to remain under suspension until further
orders and who fails to produce such a certificate for any period or periods during which he is
deemed to have been placed or to continue to be under suspension he shall be entitled to the
Subsistence allowance and other allowances equal to the amount by which his earnings
during such period or periods as the case may be fall short of amount of Subsistence
allowance and other allowances that would otherwise be admissible to him but when the
Subsistence allowance and other allowances admissible to him are equal to or less than the
amount earned by him nothing in this proviso shall apply to him.
(6) (a) When a Corporation servant who has been dismissed, removed or suspended is
reinstated or would have been reinstated but for his retirement on superannuation while under
suspension, the Authority competent to order reinstatement shall consider and make orders as
to-
18
(i) The wages or pay and allowances which shall be paid to the Corporation servant
for the period of his absence from duty or for the period of suspension ending with the date of
his retirement on superannuation, as the case may be; and
(ii) Whether or not the said period shall be treated as period spent on duty.
(b) (i) Where such Competent Authority holds that the Corporation servant has been
exonerated or, in the case of suspension under this Regulation that it was injustifiable the
Corporation servant shall be granted the full wages or pay to which he would have been
entitled, had he not been dismissed, removed or suspended, as the case may be, together with
any allowances of which he was in receipt immediately prior to his dismissal, removal or
suspension or may have been sanctioned subsequently and made applicable to Corporation
servant of his class.
(ii) In all other cases, the Corporation servant shall be granted such proportion of such
wages or pay and allowances as such Competent Authority may direct.
Provided that the payment of allowances under this clause shall be less than subject to all
other conditions subject to which such allowance are admissible.
Provided further that the wages or pay and allowances granted under this sub-clause
shall not be less than subsistence and other allowances admissible under Sub-
Regulation(5).
(c) (i) In a case falling under Sub-clause (i) of clause (b), the period of absence from
duty shall for all purposes be treated as a period spent on duty.
(ii) In a case falling under sub-clause(ii) of clause(b) the period of absence from duty
shall not be treated as period spent on duty unless the Competent Authority specifically
directs, for reasons to be recorded in writing, that it is shall be so treated for any specific
purpose.
22. Procedure for imposing minor penalties:- (1) Subject to the provisions of Sub-
Regulation (26) of Regulation-23 and Regulation-15, no order imposing on a Corporation
servant any of the penalties specified in clause (i) to (viii) of Regulation-18 shall be made
except after-
(a) Informing the Corporation servant in writing of the proposal to take action against him
and of the imputations of misconduct or misbehavior on which it is proposed to be taken, and
given him a reasonable opportunity of making such representation as he may wish to make
against the proposal;
(b) Holding an inquiry in the manner laid down in Sub-Regulations (3) to 23) of
Regulation-23 in every case in which the Disciplinary Authority is of the opinion that such
inquiry is necessary;
(c) Taking the representation, if any, submitted by the Corporation servant
under clause-(a) and the record of inquiry, if any, held under clause (b)
into consideration;
(d) recording a finding on each imputation of misconduct or misbehavior;
(2) The record of the proceedings in such cases shall include-
(i) a copy of the intimation to the Corporation servant of the proposal to take
action against him;
(ii) his representation, if any;
19
(iii) the evidence produced during the inquiry; if any;
(iv) the findings on each imputation of misconduct or misbehavior; and (v) the orders on
the case together with reasons therefore.
23. Procedure for imposing major penalties:- (1) No order imposing any of the
penalties specified in clauses (ix) and (x) of Regulation-18 shall be made except after an
inquiry, held, as far as may be in the manner provided in this Regulation.
(2) Whenever the Disciplinary Authority is of the opinion that there are grounds for
inquiring into the truth of any imputation of misconduct or misbehavior against a
Corporation servant it may itself inquiry into or appoint under this Regulation an Authority to
inquire into the truth thereof.
Explanation: Where the Disciplinary Authority itself holds the inquiry; any reference in
Sub-Regulation (7) to (20) and in Sub-Regulation (22) to the Inquiring Authority shall be
construed as a reference to the Disciplinary Authority.
(3) Where it is proposed to hold an inquiry against a Corporation servant under this
Regulation the Disciplinary Authority shall draw up or cause to be drawn up-
(i) the substance of the imputation of misconduct or misbehavior into definite and
distinct articles of charge;
(ii) a statement of the imputations of misconduct or misbehavior in support of each article
of charge which shall contain-
(a) a statement of all relevant facts including any admission or confession
made by the Corporation servant;
(b) a list of documents by which and a list of witnesses by whom, the article of
charge are proposed to be sustained.
(4) The Disciplinary Authority shall deliver or cause to be delivered to the Corporation
servant a copy of the articles of charge, the statement of the imputations of misconduct or
misbehavior and a list of documents and witnesses by which each article of charges is
proposed to be sustained and shall require the Corporation servant to submit, within such
time as may be specified a written statement of his defence and to state whether he desires to
be heard in person.
(5) (a) On receipt of the written statement of defence, the Disciplinary Authority
may itself inquire into such of the articles of charge as are not admitted, or
if it considers it necessary so to do, appoint, under Sub-Regulation (2), an Inquiring Authority
for the purpose and where all the articles of charge have been admitted by the Corporation
servant in his written statement of defence, the Disciplinary Authority; shall record its findings
on each charge after taking such evidence as it may think fit and shall act in the manner laid
down in Sub Regulation (24) to (26).
(b) If no written statement of defence is submitted by the Corporation servant, the
Disciplinary Authority may itself inquire into the articles of charge or may, if it considers it
necessary to do so, appoint, under Sub-Regulation (2) an Inquiring Authority for the purpose.
(c) Where the Disciplinary Authority itself inquiries into any articles of charge or appoints
an Inquiring Authority for holding an inquiry into such charge, it may, be an order, appoint a
Corporation servant, to be known as the “Presenting Officer” to present on its behalf the case
in support of articles of charge.
20
(6) The Disciplinary Authority shall, where it is not the Inquiring Authority, forward to
the Inquiring Authority:-
(i) a copy of the articles of charge and the statement of imputations of misconduct or
misbehavior;
(ii) a Copy of the written statement of defence, if any, submitted by the Corporation
servant;
(iii) a copy of the statement of witnesses, if any, referred to in Sub- Regulation (3);
(iv) a copy of the order appointing the “Presenting Officer”.
(7) The Corporation servant shall appear in person before the Inquiring Authority on such
day at such time within ten working days from the date of receipt by him of the articles of charge
and the statement of imputations of misconduct or misbehavior, as the Inquiring Authority may
by a notice in writing specify in this behalf, or within such further time not exceeding ten
days, as Inquiring Authority may allow.
(8) The Corporation servant may take assistance of any other Corporation servant from
the same Division or Unit where the accused corporation servant is working, to present the
case on his behalf but may not engage a legal practitioner for the purpose.
(9) If the Corporation servant who has not admitted any of the articles of charge in his
written statement of defence or has not submitted any written statement of defence, appears before
Inquiring Authority such Authority shall ask him whether he is guilty or has any defence to make
and if he pleads guilty of any of the articles of charge, the Inquiring Authority shall record the
peal, sign the record, and obtain the signature of the Corporation servant thereon.
(10) The Inquiring Authority shall return a finding of guilt in respect of that
articles of charge to which the Corporation servant pleads guilty.
(11) The Inquiring Authority, shall, if the Corporation servant fails to appear within
the specified time or refuses or omits to plead, required the Presenting Officer to produce the
evidence by which he proposes to prove the articles of charge, and shall adjourn the case to a
later date not exceeding thirty days, after recording an order that the Corporation servant may,
for the purpose of the preparing the defence.
(i) inspect within five days of the order or within such further time not exceeding
five days as the Inquiring Authority may allow, the documents specified in the list referred to in
Sub-Regulation (3);
(ii) submit a list of witnesses to be examined on his behalf.
Note- If the Corporation servant applies orally or in writing for the supply of copies
of statements of witnesses mentioned in the list referred to in Sub-Regulation (3), the Inquiring
Authority shall furnish him with such copies as early as possible and in any case not later than
three days before the commencement of the examination of the witnesses on behalf of the
Disciplinary Authority.
21
(iii) give notice within ten days of the order or within such further time not exceeding
ten days as the Inquiring Authority may allow, for the discover or production of any documents
which are in the possession of the Corporation but not mentioned in the list referred to in Sub-
Regulation-(3).
Note- The Corporation servant shall indicate the relevance of the documents required
by him to be discovered or produced by the Corporation.
(12) The Inquiring Authority shall, on receipt of the notice for the discovery or
production of documents, forward the same of copies thereof to the Authority in whose custody
of possession the documents are kept, with a requisition for the production of the documents by
such date as may be specified in such requisition.
Provided that the Inquiring Authority may, for reasons to be recorded by it in writing
refuse to requisition such of the documents as are, in its opinion, not relevant to the case.
(13) On receipt of the requisition referred to in sub-Regulation (21), every Authority
having the custody of possession of the requisitioned documents shall produce the same
before the Inquiring Authority.
Provided that if the authority having the custody or possession of the requisitioned
documents is satisfied for reasons to be recorded in writing that the production of all or any
such documents would be against the public interest, it shall inform the Inquiring Authority
accordingly and the Inquiring Authority shall on being so informed, communicate the
information to the Corporation servant and withdraw the requisition made by it for the
production or discovery of such documents.
(14) On the date fixed for the inquiry, the oral and documentary evidence by which
the articles of charge are proposed to be proved shall be produced by or on behalf of the
Disciplinary Authority. The witnesses shall be examined by or on behalf of the Presenting
Officer and may be cross-examined by or on behalf of the Corporation servant the Presenting
Officer shall be entitled to re-examine the witnesses on any points on which they have been
cross-examined, but not on any new matter, without the leave of the Inquiring Authority
the Inquiring Authority may also put such questions to the witnesses at it thinks fit.
(15) If it shall appear necessary before the close of the case on behalf of the
Disciplinary Authority, the Inquiring Authority may in its discretion, allow the Presenting
Officer to produce evidence not included in the list given to the Corporation servant or may
itself call for new evidence or recall and re-examine any witness and in such case the
Corporation servant shall be entitled to have, if he demands it, a copy of the list of further
evidence proposed to be produced and an adjournment of the inquiry for three clear days
before the production of such new evidence, exclusive, of the day of adjournment and the day
to which the inquiry adjourned. The Inquiring Authority shall give the Corporation servant an
opportunity of inspecting such documents before they are taken on the record. The Inquiring
Authority may also allow the Corporation servant to produce new evidence if it is of the
opinion that the production of such evidence is necessary in the interests of
justice.
Note- New evidence shall not be permitted or called for or any witness shall not be
recalled to fill up any gap in the evidence. Such evidence may be called for only when there
is an inherent lacuna or defect in the evidence, which has been produced originally.
22
(16) When the case of the Disciplinary Authority is closed, the corporation servant
shall be required to state his defense, orally or in writing, as he may prefer. If the defence is
made orally, it shall be recorded and the Corporation servant shall be required to sign the
record. In either case a copy of the statement of defence shall be given to the Presenting Officer,
if any, appointed.
(17) The evidence on behalf of the Corporation servant shall then be produced. The
Corporation servant may examine himself in his own behalf if he so prefers. The witnesses
produced by the Corporation servant shall then be examined and shall be liable to cross-
examination, re-examination and examination by the Inquiring Authority according to the
provisions applicable to the witnesses for the Disciplinary Authority.
(18) The Inquiring Authority, may, after the Corporation servant closes his case, and
shall, if the Corporation servant has not examined himself, generally question him on the
circumstances, appearing against him in the evidence for the purpose of enabling the Corporation
servant to explain any circumstances appearing in the evidence against him.
(19) The Inquiring authority may, after the completion of the production of evidence,
hear the Presenting Officer, if any, appointed, and the Corporation servant or permit them to
file written briefs of their respective cases, if they so desire.
(20) If the Corporation servant to whom a copy of the articles of charge has been
delivered, does not submit the written statement of defence on or before the date specified for
the purpose or does not appear in person before the Inquiring Authority or otherwise fails or
refuses to comply with the provisions of this Regulation, the Inquiring Authority may hold
the inquiry ex-parte.
(21) (a) Where a Disciplinary Authority competent to impose any of the penalties
specified in clauses (i) to (viii) of Regulation-18 but not competent to impose any of the
penalties specified in clauses (ix) and (x) of regulation-18 has itself inquired into or causes
to be inquired into the articles of any charge and that Authority, having regard to its own
findings or having regard to its decision or any of the findings of any Inquiring Authority
appointed by it, is of the opinion that the penalties specified in clauses (ix) and (x) of
Regulation-18 should be imposed on the employee that Authority shall forward the records
of the inquiry to such Disciplinary Authority as is competent to impose the last mentioned
penalties.
(b) The Disciplinary Authority to which the records are so forwarded may act on the
evidence on the record or may, if it is of the opinion that further examination of any of the
witnesses is necessary in the interest of justice, recall the witness and examine, cross-examine
and re-examine the witness and may impose on the Corporation servant such penalty as it may
deem fit in accordance with these Regulations.
(22) Whenever any Inquiring Authority, after having heard and recorded the whole or any
part of the evidence in an inquiry ceases to exercise jurisdiction therein, and is succeeded by
another Inquiring Authority which has and which exercises such jurisdiction, the Inquiring
Authority so succeeding may act on the evidence so recorded by its predecessor or partly
recorded by its predecessor and partly recorded by itself.
Provided that if the succeeding Inquiring Authority is of the opinion that further
examination of any of the witnesses whose evidence has already been recorded is necessary
23
in the interest of justice, it may recall examine cross-examine and re-examine any
such witnesses as herein before provided.
(23) (i) After the conclusion of the inquiry, a report shall be prepared and it shall contain-
(a) The articles of charge and the statement of the imputations of misconduct or
misbehavior;
(b) The defense of the Corporation servant in respect of each article of charge;
(c) An assessment of the evidence in respect of each article or charge;
(d) The findings on each article of charge and the reasons therefore.
24. Summary procedure for imposing minor penalties in certain cases:- (1) Summary
proceedings may be held by the Disciplinary Authority as provided in Sub-Regulation (2) in
cases –
(a) Where a Corporation servant is caught red-handed having committed or
while committing any act of misconduct or misbehavior;(b) where there is obvious evidence
of misconduct or misbehavior.
(b) Where there is obvious evidence of misconduct or misbehavior.
24
(2) The Disciplinary Authority may hold summary proceedings under this Regulation
on the spot and take a decision on the evidence available after charge sheeting of the
Corporation servant concerned and after giving him an opportunity to make a statement.
26. Communication of orders:- The orders made by the Disciplinary Authority shall be
communicated to the Corporation servant who shall also be supplied with a copy of the report of
the inquiry, if any, held by the Disciplinary Authority and a copy of its finding on each
article of charge, or where the Disciplinary Authority is not the Inquiry Authority a copy
of the report of the Inquiring Authority and a statement of the findings of the Disciplinary
Authority together with brief reasons for its disagreement, if any, with the findings of the
Inquiring Authority.
27. Common proceedings : -(1) Where two or more Corporation servants are concerned
in any case, the Corporation or any other Authority competent to impose the penalty of
dismissal from service on all such Corporation servants may make an order directing that
disciplinary action against all of them may be taken in common proceeding.
Note: (1)If the Authorities competent to impose the penalty of dismissal on such
Corporation servants are different, an order for taking Disciplinary action in a common
proceeding may be made by the highest of such Authorities with the consent of the others.
25
29. Orders against which on appeal lies :- No appeal shall lie against-
30. Orders against which appeal lies: -Subject to the provision of Regulation-29
Corporation Servant may prefer an appeal against all or any of the following orders, namely:-
(i) An order of suspension made or deemed to have been made under
Regulation-21;
(ii) An order imposing any of the penalties specified in Regulation-18 whether made
by the Disciplinary Authority or by any Appellate Authority;
(iii) An order enhancing any penalty imposing under Regulation-34.
31. Appellate Authorities:- (1) A Corporation servant, including a person who has ceased
to be a Corporation servant, may prefer an appeal against any of the orders specified in Regulation-
30 to the Authority specified in this behalf either in the schedule or by a General or
Special order of the Corporation or where no such Authority is specified: -
32. Period of limitation for appeals: -No appeal preferred under these Regulations
shall be entertained unless such appeal is preferred within a period of forty-five days from the
date on which a copy of the order appealed against is delivered to the appellant;
Provided that the Appellate Authority may entertain the appeal after the expiry of the
said period, if it is satisfied that the appellant had sufficient cause for not preferring the appeal in
time.
26
33. Form and contents of appeal:-(1) Every person preferring an appeal shall do so
separately and in his own name.
(2) The appeal shall be presented to the authority to whom the appeal lies, a copy being
forwarded by the appellant to the authority which made the order appealed against. It shall
contain all material statements and arguments on which the appellant relies, shall not
contain any disrespectful or improper language, and shall be complete in itself.
(3) The Authority which made the order appealed against shall, on receipt of the copy of
the appeal, forward the same with its comments thereon together with the relevant records to the
Appellant Authority without any avoidable delay, and without waiting for any direction from the
Appellant Authority.
Provided that-
(i) if the enhanced penalty which the Appellate Authority proposes to impose is one
of the penalties specified in clauses (ix) and (x) of Regulation-18 and an inquiry under
Regulation-23 has not already been held in the case the Appellate Authority shall, subject
to the provisions of Regulation-28 itself hold such inquiry or direct that such inquiry be held in
accordance with the provisions of Regulation-23 and thereafter, on a consideration of the
proceedings of such inquiry, make such orders as it may deem fit;
(ii) if the enhanced penalty which the Appellate Authority proposes to impose is on
of the penalties specified in clauses (ix) and (x) of Regulation-18 and an inquiry under
Regulation-23 has already been held in the case, the Appellate Authority shall make such
order as it deem fit; and
(iii) no order imposing an enhanced penalty shall be made in any case unless the
appellant has been given a reasonable opportunity as far as may be in accordance with the
provisions of Regulation-22 of making a representation against such enhanced penalty.
27
35. Revision
(1) notwithstanding anything contained in these Regulations:-
(i) the Corporation or
(ii) any other Authority specified in this behalf by the Corporation by a general or special
order and within such time as may be prescribed in such general or special order may at any
time on its own motion call for the records of any inquiry and revise any order made under
these Regulations or under the Rules or Standing Orders or other provisions repealed by
Regulation-39 from which an appeal is allowed but from which no appeal has been preferred or
from which no appeal is allowed and may-(a) confirm, modify or set aside the orders; or
(b) confirm, reduce, enhance or set aside the penalty imposed by the
order, or impose any penalty where no penalty has been imposed, or
(c) remit the case to the Authority which made the order or to any other Authority
directing such Authority to make such further inquiry as it may consider proper in the
circumstances of the case; or
(d) Pass such other orders as it may deem fit;
Provided that no order imposing or enhancing any penalty, shall be made by any
Revising Authority unless the Corporation Servant concerned has been given a reasonable
opportunity of making a representation against the penalty proposed and where it is proposed. to
impose any of the penalties specified in Clause (ix) or (x) of Regulation-18 or to enhance the
penalty imposed by the order sought to be revised to any of the penalties specified in these
clauses, no such penalty shall be imposed except after the inquiry, in the manner laid down in
Regulation-23.
(2) No proceeding for revision shall be commenced until after:-
(i) the expiry of the period of limitation for an appeal, or
(ii) the disposal of the appeal, where any such appeal has been preferred.
(3) Whereas it is expedient to substitute a new „schedule‟ in the place of the existing
schedule as set out in the KSRTC servants (Conduct and Discipline) (Amendment)
regulations, 1992 for the “Schedule” to the Principal Regulations.
Now, therefore, the revised „Schedule‟ shall be substituted in the place of the
‘Schedule’ enumerated in the KSRTC Servants (Conduct and Discipline) (Amendment)
Regulations, 1981.
(4) Disposal of pending Disciplinary proceedings:-
(a) Notwithstanding anything contained in the schedule to the KSRTC servants (Conduct
and Discipline) (Amendment) Regulations, 1981, the provisions contained in the amended
KSRTC servants (Conduct and Discipline) (Amendment) Regulations, 1992 shall be applicable to
all the pending Disciplinary, Appellate, proceedings before the Disciplinary and Appellate and
Authorities as if the Principal Regulations [The KSRTC Servants (Conducts and Discipline)
Regulations, 1971] were in force and nothing in these Regulations shall operate to deprive any
employee to whom these Regulations apply, any right which had accrued to him under these
Regulations. Any Disciplinary proceedings,
28
Appeal, Revision Petition at or preferred after the commencement of these Regulations
against an order passed before such commencement shall be considered and disposed off as far as
may be, under these Regulations.
(b) All Applications, Disciplinary proceedings and Appellate proceedings before the
commencement of these K.S.R.T.C. servants (Conduct and Discipline) (Amendment)
Regulations, 1992 shall stand transferred to the appropriate Disciplinary and Appellate
Authorities as specified in the KSRTC servants (Conduct and Discipline) (Amendment)
Regulations, 1992 and shall be disposed off as if these proceedings had been instituted or
commenced by or before such Disciplinary or Appellate Authority.
36. Service of orders notices etc.:-Every order, notice and other process made or
issued under these Regulations shall be served in person on the Corporation Servant
concerned or communicated to him by registered post.
37. Power to relax time limit and to condone delay:-Save as other wise provided under
these Regulations the Authority competent under these Regulations the Authority
competent under these Regulations to make any order may for good and sufficient reasons or if
sufficient cause is shown, extend the time specified under these Regulations or condone any
delay.
38. Operation of other enactments:-Wherein the case of any Corporation servant, the
provisions of any Enactments or Rule, or order made there under regulates any matter, in
respect of which, provision is made in this part, such matter shall, notwithstanding anything
contained in this part, be dealt in accordance with the provisions of the said Enactments,
Rule or order.
29
Part-IV
MISCELLANEOUS
39. Repeal and savings :- The Mysore Government Road Transport Department
Standing Orders, the B.T.S. Standing Orders, the Bombay State Road Transport Employee’
Service Regulations, the Hyderabad Civil Services (Classification, Control and Appeal) Rules
and the Rules contained in the Nizam‟s State Railways Establishment Code which were adopted
by the Corporation in its Resolution No.8 in so far as they relate to Conduct and Disciplinary
proceedings and imposition of penalties, provided for in these Regulations, are hereby repealed:
Provided that-
(a) such repeal shall not affect the previous operation of the said Standing
Orders, Regulations or Rules or any order made or anything done, or any
action taken, there under;
(b) any proceedings under the said Standing Orders, Regulations, or Rules pending at
the commencement of these Regulations shall be continued and disposed of as far as may be, in
accordance with the provisions of these Regulations, as if such proceedings were
commenced under these Regulations.
(2) Nothing in these Regulations shall be construed as depriving any person to
whom these Regulations apply, of any right of appeal which had accrued to
him under the Standing Orders, Regulations, Rules or other provisions in force
before the commencement of these Regulations.
(3) An appeal pending at the commencement of these Regulations against an order made
before such commencement shall be considered and orders thereon shall be made, in accordance
with those Regulations, as if such orders were made and the appeals were preferred under these
Regulations.
(4) As from the commencement of these Regulations, any appeal or application for revision
against any orders made before such commencement shall be preferred or made under these
Regulations as if such orders were made under these Regulations.
Provided that nothing in these Regulations shall be construed as reducing any period of
limitation for any appeal or revision provided by any Standing Orders, Regulations or Rules in
force before the commencement of these Regulations.
40. Removal of doubts:
If any doubt arises as to the interpretation of any of the provisions of these Regulations,
the matter shall be referred to the Corporation or such other Authority as may be specified by
the Corporation a general or special order and the Corporation or such other Authority shall
decide the same.
30
SCHEDULE
Authority empowered to impose penalties on the servants of the KSRTC and penalties
which it may impose under Regulation 18-A and 18-B of the KSRTC Servants (Conduct &
Discipline) Regulations, 1971
Penalties
Sl No Class of Posts Disciplinary Authority Appellate Authority
( See Regulation-18)
1 2 3 4 5
Class-I
(i) to (x) Board of Directors of
Senior&
1 Managing Director Corporation
above
31
Note:
2. Where more than one Class-I Senior Officers are functioning in the Unit or Department,
the Head of the Unit/Department, shall function as the Disciplinary Authority.
3. The Higher Authority of the respective Department to which the Disciplinary Authority is
subordinate can exercise the powers of the Disciplinary Authority. In that event, the appeal
against such orders shall lie to the next Higher Authority to which that Higher Authority is
Subordinate.
4. All the Higher Authorities of the respective Department can exercise the
Disciplinary powers of the Lower Authorities.
32