Government of Kerala                                                            Reg.No. KL/TV (N)/12/2002.            

KERALA GAZETTE

EXTRAORDINARY

Vol. XLVII             Thiruvananthapuram                  27^th May 2002.                  No. 703.

GOVERNMENT OF KERALA

Personnel and Administrative Reforms (Advice-C) Department

NOTIFICATION

G.O. (P) No. 29/2002/P&ARD.               Dated, Thiruvananthapuram. 16^th May 2002.

            S.R.O.No. 410/2002. – In exercise of the powers conferred by the proviso to Article 320 (3) pf the Constitution of India, the Governor of Kerala hereby makes the following regulations further to amend the Kerala Public Service Commission (Consultation) Regulations, 1957, namely.

REGULATIONS

1.Short title and Commencement- (1) These regulations may be called the Kerala Public Service Commission (Consultations) Amendment Regulations, 2002.

(2) They shall come into force at one.

2.Amendment of the regulations- In Kerala Public Service Commission (Consultations) Regulations 1957,in regulations 6, item (i) under sub-clause (a) of clause (1) shall be renumbered as (i) (b) and before the item so renumbered the following item shall be inserted, namely.: -

“(i)  (a) withholding of increment with cumulative effect”.

                                                                                                      By order of the Governor,

                                                                                                      C. RAMACHANDRAN,

Principal Secretary to Government.

 

Explanatory Note

(This is not form part of the notification, but is intended to indicate its general purport.)

Regulation No 6 of the Kerala Public Service Commission (consultation) Regulations, 1957 envisages consultation with the Public Service Commission for imposition of any of the major penalties specified therein on a person serving in connection with the affairs of the State. Since withholding of increment with (Classification, Control and Appeals) rules this penalty has not been included under the above regulations. In Kulwant Singh Vs. state of Punjab (C.A No2960 of1987) the Supreme Court of India has held that stoppage of enquiry is per se illegal.  The government, therefore, decided to amend the Regulations so as to make it obligatory on the part of the Government to consult the Public Service commission in the matter of imposition of this penalty on a Government Servant.

This notification is intended to achieve the above object.