KSCS Act 5

Section 5 · Provisions relating to disciplinary proceedings

(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.

(2)

(a)

Any authority or officer invested with the powers of a civil court under subsection (1) shall be deemed to be a civil court and when any offence as is described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code, 1860 (Central Act 45 of 1860) is committed in the view or presence of the said authority or officer, the said authority or officer, may, after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1973 (Central Act

2 of 1974

), forward the case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded to him under section 346 of the Code of Criminal Procedure, 1973 ;

(b)

Any proceeding before the said authority or officer shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code, 1860 (Central Act 45 of 1860) ;

(3)

If in any disciplinary proceeding against a member of the public services for misconduct or corruption it is proved that such member or any person on his behalf is in possession, or has, at any time during the period of office of such member, been in possession, for which such member cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income then on such proof, the disciplinary authority and the inquiring authority, if any, shall presume, unless the contrary is proved, that such servant is guilty of such misconduct.Explanation. - For the purpose of this sub-section the expression "corruption" shall have the meaning assigned to the expression "Criminal misconduct in discharge of official duty" [in sub-section (1) of section 13 of the Prevention of Corruption Act, 1988 (Central Act No. 49 of 1988)] [Substituted by Act 20 of 2010 w.e.f. 06.05.2010.] or the meaning assigned to the expressions "taking gratification other than legal remuneration in respect of an official act" and "obtaining valuable thing without consideration" in sections 161 and 165 respectively of the Indian Penal Code.

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