Kerala Civil Services (Classification, Control and Appeal) Rules, 1960
(1) These rules may be called the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960.
(2) They shall come into force at once.
In these rules, unless the context otherwise requires,--
(a) 'Appointing Authority' in relation to a Government servant means --
(i) the authority empowered to make appointments to the service, class or category of which the Government servant is for the time being a member; or
(ii) the authority empowered to make appointments to the post which the Government servant for the time being holds; or
Note.-- Where the power of appointment is delegated to any authority that authority will be deemed to be the Appointing Authority.
(iii) the authority which appointed the Government servant to such service, class, category or post, as the case may be; or
(iv) where the Government servant having been a permanent member of any other service, class or category or having substantively held any other permanent post, has been in continuous employment of the Government, the authority which appointed him to that service, class or category or to that p
(1) These rules shall apply to all Government servants, except --
(a) persons belonging to the All India Services;
(b) persons in casual employment;
(c) persons subject to discharge from service without notice or on less than one month's notice; and
(d) persons for whose appointment and other matters covered by these rules special provision is made by or under any law for the time being in force in regard to the matters covered by such law.
(2) Notwithstanding anything contained in sub-rule (1) these rules shall apply to every person temporarily transferred to a service or post coming within exception (c) in sub-rule (1) to whom, but for such transfer these rules would apply.
(3) Notwithstanding anything contained in sub-rule (1) the Government may by order exclude from the operation of all or any of these rules any Government servant or class of Government servants.
(4) If any doubt arises --
(a) whether these rules or any of
Where it is considered necessary to make special provisions in respect of a Government servant inconsistent with any of these rules, the Government may, by agreement with such Government servant, make such special provisions and thereupon these rules shall not apply to such Government servant to the extent to which the special provisions so made are inconsistent therewith.
Nothing in these rules shall operate to deprive any Government servant of any right or privilege to which he is entitled by the terms of any agreement subsisting between such person and the Government at the commencement of these rules.
The services, the members of which are subject to these rules shall be classified as follows:--
(i) The State Services; and
(ii) The Subordinate Services.
The State Services shall consist of the services included in Schedule - I.
The Subordinate Services shall consist of the services included in Schedule - II.
All appointments to State and Subordinate Services shall be made by the Government:
Provided that the Government may, by general or special orders or rules and subject to such conditions as they may specify, delegate to any other Authority the power to make such appointments.
(1) The Appointing Authority or any authority to which it is subordinate or any other authority empowered by the Government in that behalf may at any time place a Government servant under suspension,
(a) where a disciplinary proceedings against him is contemplated or is pending; or
(b) where a case against him in respect of any criminal offence is under investigation or trial; or
(c) where final orders are pending in the disciplinary proceeding, if the appropriate authority considers that in the then prevailing circumstances it is necessary, in public interest, that the Government servant should be suspended from service:
Provided that the authority competent to place a member of 1[the Kerala Civil Judicial Service or the Kerala Criminal Judicial Service] under suspension shall be the High Court of Judicature.
(2) Where the order of suspension is made by an authority lower than the Appointing Authority, such authority shall forthwith rep
(1) The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on a Government servant, namely:--
(i) Censure;
(ii) Fine (in the case of persons on whom such penalty may be imposed under these rules);
(iii) 3[Withholding of increments or promotion temporarily for a specified period.]
Note:-- 4[(1) x x x x]
5[(2) Temporary period of withholding of increments shall not be less than 3 months and the temporary period of withholding of promotion shall not be less than six months and both shall not be for more than three years. If the period is not specified in the order it will be deemed to be 3 months in the case of temporary withholding of increments and 6 months in the case of temporary withholding of promotion. Temporary withholding of increments shall mean withholding of increments without cumulative effect i.e., it shall not have the effect of postponing future in
Notwithstanding anything contained in Rule 11, any of the penalties mentioned in column (2) of the Appendix to these rules may be imposed on the holders of the posts in 21[the Kerala Jails Service and the Kerala Jails Subordinate Service,] specified in the corresponding entry in column (1) by the authorities specified in the corresponding entry in column (3) thereof.
(1) Where on promotion or transfer, a member of a service in a class, category or grade is holding an appointment in another class, category or grade thereof or in another service, State or Subordinate, no penalty shall be imposed upon him in respect of his work or conduct before such promotion or transfer except by an authority competent to impose the penalty up on a member of the service in the latter class, category, grade or service, as the case may be.
(2) Where a person has been reverted or reduced from a State to a Subordinate Service, or from one service to another or from one class, category or grade of a service to another class, category or grade thereof, no penalty shall be imposed upon him in respect of his work or conduct while he was a member of the service, class, category or grade, as the case may be, from which he was reverted or reduced, except by an authority competent to impose the penalty upon a member of such service, class, category or grade, as the ca
Where two or more Government servants are concerned in any case, the authority competent to impose the penalty of dismissal from service on all such Government servants or a higher authority may make an order directing that disciplinary action against all of them may be taken in a common proceedings and specifying the authority which may function as the Inquiring Authority for the purpose of such common proceedings.
Notwithstanding anything contained in Rules 15, 16 and 17.
(i) where a penalty is imposed on a Government servant on the ground of conduct which had led to his conviction on a criminal charge; or
(ii) where the Disciplinary Authority is satisfied for reason to be recorded in writing that it is not reasonably practicable to follow the procedure prescribed in the said rules; or
(iii) where the Governor is 60[x x x x] satisfied that in the interest of the security of the State it is not expedient to follow such procedure; the Disciplinary Authority or the Governor, as the case may be, may consider the circumstances of the case and pass such orders thereon as he deems fit:
Provided that before passing such orders under clauses (i) and (ii) the Commission shall be consulted in cases where such consultation is necessary under the rules:]
61[Provided further that where a Government Servant is convicted on a criminal charge by a Crim
(1) Where the services of a Government servant are lent to another Government -- Central or State -- or an authority subordinate thereto or to a local or other authority (hereinafter in this rule referred to as "the borrowing authority") the borrowing authority shall have the powers of the Appointing Authority for the purpose of placing him under suspension and of the Disciplinary Authority for the purpose of taking a disciplinary proceeding against him:
Provided that the borrowing authority shall forthwith inform the authority which lent his services (hereinafter in this rule referred to as "the lending authority") of the circumstances leading to the order of his suspension or the commencement of the disciplinary proceeding, as the case may be.
(2) In the light of the findings in the disciplinary proceeding taken against the Government servant,--
(i) if the borrowing authority is of the opinion that any of the penalties specified in items (i) to (iv) of Rule 11
(1) Where an order of suspension is made or a disciplinary proceeding is taken against a Government servant whose services have been borrowed from another Government -- Central or State -- or an authority subordinate thereto or a local or other authority, the authority lending his services (hereinafter in this rule referred to as "the lending authority" ) shall forthwith be informed of the circumstances leading to the order of his suspension or the commencement of the disciplinary proceedings, as the case may be.
(2) In the light of the findings in the disciplinary proceedings taken against the Government servant,
(i) if the Disciplinary Authority is of the opinion that any of the penalties specified in items (i) to (iv) of Rule 11(1) should be imposed on him, it may, subject to the provisions of sub-rule (12) of Rule 15 and after consultation with the lending authority, pass such orders on the case as it deems necessary:
Provided that in the event of a differen
There shall be no appeal against any order passed under the provisions of these rules except as expressly provided in these rules.
A Government servant may appeal against an order of suspension to the authority to which the authority which made or is deemed to have made the order is immediately subordinate.
Every member of service -- State or Subordinate -- shall be entitled to appeal as hereinafter provided against an order,--
(a) imposing upon him any of the penalties specified in Rule 11(1); or
(b) discharging him in accordance with the terms of his contract, if he has been engaged on a contract for a fixed or for an indefinite period and has rendered under either form of contract continuous service for a period exceeding five years at the time when his services are terminated; to the authority to which the authority imposing the penalty is immediately subordinate:
Provided that where an order is passed by the Government, there shall be no appeal.
In this rule the expression 'member of a service' includes a person who has ceased to be a member of that service.
Note 1: - 65[A member of 66[the Kerala Civil Judicial Service or the Kerala Criminal Judicial Service] or the Kerala Judicial Ministerial Service or the Kerala Last Gra
(1) A Government servant may appeal against an order which,--
(a) denies or varies to his disadvantage his pay, allowances, pension or other conditions of service as regulated by any rules or by agreement; or
(b) interprets to his disadvantage the provisions of any such rules or agreement; to the authority which made such rules or agreement.
(2) An appeal against an order,--
(a) stopping a Government servant at the efficiency bar in the time-scale on the ground of his unfitness to cross the bar;
(b) reverting to a lower service, grade or post, a Government servant officiating in a higher service, grade or post, otherwise than as a penalty; and
(c) determining the pay and allowances for the period of suspension to be paid to a Government servant on his reinstatement or determining whether or not such period shall be treated as period spent on duty for any purpose, shall lie,--
(i) in the case of a Gazetted servant to Government:
No appeal under this part shall be entertained unless it is submitted within a period of two months from the date on which the appellant receives a copy of the order appealed against:
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 submitting the appeal in time.
Note.-- The Appellate Authority which receives a copy of an appeal submitted direct should not take any action on such copy until the period for receipt of the copy of the appeal forwarded through the appropriate channel or a period of one month . whichever is earlier, is over.
(1) Every person submitting an appeal shall do so separately and in his own name.
(2) The appeal shall be addressed to the authority to whom the appeal lies, 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.
Every appeal shall be submitted to the authority which made the order appealed against:
Provided that if such authority is not the Head of the Office in which the appellant may be serving or, if he is not in service, the Head of the Office, in which he was last serving, or is not subordinate to the Head of such Office, the appeal shall be submitted to the head of such office who shall forward it forthwith to the said authority:
Provided further that a copy of the appeal may be submitted direct to the appellate authority.
(1) The authority which made the order appealed against may withhold the appeal if, --
(i) it is an appeal against an order from which no appeal lies; or
(ii) it does not comply with any of the provisions of Rules 26 and 27; or
(iii) it is not submitted within the period specified in Rule 25 and no cause is shown for the delay; or
(iv) it is a repetition of an appeal already decided and no new facts or circumstances are adduced; or
(v) it is addressed to an authority to which no appeal lies under these rules:
Provided that an appeal withheld on the only ground that it does not comply with the provisions of Rules 26 and 27 shall be returned to the appellant and, if re-submitted within one month thereof after compliance with the said provisions shall not be withheld.
(2) Where an appeal is withheld, the appellant shall be informed of the fact and the reasons therefor.
(3) When the appeal is withheld, the authority withholding
(1) The authority which made the order appealed against shall, without any avoidable delay, transmit to the Appellate Authority every appeal which is not withheld under Rule 28 together with its comments thereon and the relevant records.
(2) The authority to which the appeal lies may direct transmission to it of any appeal withheld under Rule 28 and thereupon such appeals shall be transmitted to that authority together with the comments of the authority withholding the appeal and the relevant records.
No appeal shall lie against the withholding of an appeal by a competent authority.
(1) In the case of an appeal against an order of suspension, the Appellate Authority shall consider whether in the light of the provisions of Rule 10 and having regard the circumstances of the case the order of suspension is justified or not and confirm or revoke the order accordingly.
(2) In the case of an appeal against an order imposing any of the penalties specified in Rule 11(1) the Appellate Authority shall consider, --
(a) whether the facts on which the order was based have been established;
(b) whether the facts established afford sufficient ground for taking action;
(c) whether the procedure prescribed in these rules has been complied with, and if not whether such non-compliance has resulted in violation of any provisions of the Constitution or in failure of justice;
(d) whether the findings are justified; and
(e) whether the penalty imposed is excessive, adequate or inadequate and after consultation with the Commission, if such con
The authority which made the order appealed against shall give effect to the orders passed by the appellate authority.
Notwithstanding anything contained in this part, where the person who made the order appealed against becomes by virtue of his subsequent appointment or otherwise, the Appellate Authority under Rules 22 to 24 in respect of the appeal against such order, such person shall forward the appeal to the authority to which he is immediately subordinate and such authority shall in relation to that appeal, be deemed to be the Appellate Authority for the purpose of Rules 31 and 32.
Note. -- An Officer of the Secretariat on receiving an appeal to Government on a case which has been previously disposed of by him in a different capacity shall forward It to the Secretary of the Department or where he himself is the Secretary, to such officer as the Chief Secretary may designate, for scrutiny and disposal according to the rules of Business.
Notwithstanding anything contained in these rules, the State Government may, on their own motion or otherwise, after calling for the records of the case, review any order passed by 68[the High Court as Appellate Authority under these rules in disciplinary proceedings initiated against a member of 69[the Kerala Civil Judicial Service or the Kerala Criminal Judicial Service] or the Kerala Judicial Ministerial Service or the Kerala Last Grade Service referred to in the Note to Rule 23 of these rules or] 70[any original order or order on appeal passed by a subordinate authority] under these rules or the rules repealed by Rule 39 and, after consultation with the Commission where such consultation is necessary, --
(a) confirm, modify or set aside the order;
(b) impose any penalty or set aside, reduce, confirm or enhance the penalty imposed by the order;
(c) remit the case to the authority which made the order or to any other authority
There shall be a review of original orders, on application of party, by Government. There shall be only one review and application for review shall be made within a period of two months from the date of the order.
71[Provided that Government may entertain an application made after the expiry of the said period of two months, if they are satisfied that the applicant had sufficient cause for not making the application within the period.]
The Government may call for the record of any inquiry at any stage pending before any authority other than a Tribunal appointed under these rules and may themselves conduct the inquiry or pass such other orders in accordance with these rules, as they think fit having regard to the circumstances of each case.
The authority to which an appeal against an order imposing any of the penalties specified in Rule 11(1) lies may of its own motion or otherwise, call for the records of the case in a disciplinary proceedings, review any order passed in such a case and, after consultation with the Commission where such consultation is necessary, pass such orders as it deems fit, as if the Government servant had preferred an appeal against such order:
Provided that no application for review shall be entertained after the expiry of a period of one month from the date of pasting the order:
Provided further that no action under this rule shall be initiated more than one year after the date of the order to be reviewed.
Every authority other than the Government empowered to impose any of the penalties specified in Rule 11(1) shall submit to the Government in the Administrative Department concerned a quarterly statement of cases where any of the aforesaid penalties have been imposed or where a member of a service is suspended under Rule 10. Every Appellate Authority other than the Government shall likewise submit a quarterly statement of cases disposed of to the Government in the Administrative Department:
72[Provided that, disciplinary authorities and appellate authorities subordinate to the Heads of Departments shall forward such quarterly statements to the Heads of Departments concerned who shall forward to Government a consolidated quarterly statement in respect of all cases in their Departments as contemplated in the rule.]
(1) The Kerala Civil Services (Classification, Control and Appeal) Rules, 1957, are hereby repealed:
Provided that,
(a) such repeal shall not affect the previous operation of the said rules, notifications and orders or anything done or any action taken thereunder;
(b) any proceedings under the said rules, notifications or orders pending at the commencement of these rules shall be continued and disposed of as far as may be, in accordance with the provisions of these rules.
(2) Nothing in these rules shall operate to deprive any person to whom these rules apply of any right of appeal which had accrued to him under the rules repealed by sub-rule (1) in respect of any order passed before the commencement of these rules.
(3) An appeal pending at or preferred after the commencement of these rules against an order made before such commencement shall be considered and orders thereon shall be passed, in accordance with these rules.
Nothing contained in these rules shall apply to the recovery of cost of correction or revision in survey work from the pay of the concerned member of the Kerala Survey and Land Records Subordinate Service.]
Where a doubt arises as to the interpretation of any of the provisions of these rules, the matter shall be referred to the State Government whose decision thereon shall be final.
| SCHEDULE - I | |
| (See Rule 7) | |
| KERALA STATE SERVICES | |
| 1. | The Kerala Agricultural Service. |
| 2. | The Kerala Agricultural Income Tax and Sales Tax Service. |
| 3. | The Kerala Animal Husbandry Service. |
| SCHEDULE - II | |
| (See Rule 8) | |
| KERALA SUBORDINATE SERVICES | |
| 1. | The Kerala Agricultural Subordinate Service. |
| 2. | The Kerala Agricultural Income Tax and Sales Tax Subordinate Service. |
| 3. | |
| APPENDIX | |||
| (See Rule 12) | |||
| | |||
| Posts | Penalties impose | Authority which may the penalties | |
| | |||
| (1) | |||
GOVERNMENT OF KERALA Personnel & Administrative Reforms (Advice - C) Department NOTIFICATION | |
G.O(P) No.8/2025/P&ARD S. R. O. No. 680/2025 | Dated,Thiruvananthapuram, 12th June, 2025 29th Idavam,1200 22nd Jyaishta,1947. |
In exercise of the powers conferred by Sub-section (1) of section 2 of the Kerala Public Services Act, 1968 ( S.Rule 13 Disciplinary Authorities(1) The Government may impose any of the penalties specified in items (i) and (iii) to (viii) of Rule 11(1) on members of the State Services: Legal Commentary on Kerala Civil Services (Classification, Control and Appeal) Rules, 1960 - Section Rule 13IntroductionSection Rule 13 of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960, deals with the imposition of penalties on government servants after disciplinary proceedings. It provides the procedural framework and standards for disciplinary actions, emphasizing fairness, proper inquiry, and adherence to statutory procedures. What does Section Say?Rule 13 outlines that penalties can be imposed only after a proper disciplinary enquiry, which must be conducted in accordance with the rules. It specifies that the authority competent to impose penalties must consider the evidence, ensure the principles of natural justice, and record its findings before passing orders. The rule also stipulates that penalties such as censure, withholding of increments, reduction, suspension, dismissal, or removal can be imposed depending on the gravity of misconduct. Essential Ingredients
Scope of SectionSection Rule 13 applies to all disciplinary proceedings against government servants under the Kerala Civil Services Rules. It governs the manner in which penalties are to be imposed, ensuring procedural fairness. It also applies to proceedings initiated for misconduct, negligence, or breach of service rules, including cases arising from criminal convictions or departmental inquiries. Punishment for SectionThe penalties that can be imposed under Rule 13 include:- Censure- Withholding of increments or pay- Reduction in rank or grade- Suspension- Dismissal from service- Removal from service- DemotionThe severity of punishment depends on the nature of misconduct and the findings of the enquiry. Legal Comments (Summary with References)
Note: The above comments are synthesized from the provided sources and legal principles derived therefrom, emphasizing the importance of procedural fairness, evidence, authority competence, and adherence to statutory rules in disciplinary actions under Rule 13 of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960. S.Rule 15 Procedure for imposing major penalties(1) Without prejudice to the provisions of the Public Servants' (Inquiry) Act, 1850 (Central Act XXXVII of 1850), and the Public Servants' (Inquiries) Act, 1122 (Act XI of 1122), no order imposing on a Government servant any of the penalties specified in items (v) to (ix) of Rule 11(1) shall be passed except after an inquiry held as far as may be, in the manner hereinafter provided. SupremeToday AI Service seems to be Down for a While! S.Rule 16 Procedure for imposing minor penalties(1) No order imposing any of the penalties specified in items (i) to (iv) of Rule 11(1) shall be passed except after, Legal Comments
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