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Karnataka Civil Services Probation Rules

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70 views7 pages

Karnataka Civil Services Probation Rules

Uploaded by

Je Doddalahalli
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

KARNATAKA CIVIL SERVICES (PROBATION) RULES, 1977

NOTIFICATION
No. DPAR 57 SRR 75, dated 25th June 1977

In exercise of the powers conferred by the proviso to article 309 of the constitution
of India, the Governor of Karnataka hereby makes the following rules, namely:-
1. Title and Commencement.- (1) These rules may be called the Karnataka Civil
Services (Probation) Rules, 1977.
(2) They shall come into force on the date of their publication in the official
Gazette.
2. Definition.- In these rules, unless the context otherwise requires.-
(1) “appointed on probation” means appointed on trial.
(2) “ probationer” means a Government servant on probation.
3. Period of Probation.- The period of probation shall be as may be provided for in
the rules of recruitment specially made for any service or post, which shall not be less
than two years, excluding the period if any, during which the probationer was on
extraordinary leave.
4. Extension or reduction of period of probation- (1) The period of probation
may, for reason to be recorded, in writing, be extended-
(i) by the Governor or the Government by such period as he or it deems fit;
(ii) by any other appointing authority by such period not exceeding 1[five years]1;
Provided that if within the prescribed or extended period of probation, a
probationer has appeared for any examinations or tests required to be passed during the
period of probation and the results thereof are not known before the expiry of such
period, then the period of probation shall be deemed to have been extended until the
publication of the results of such examinations or tests or of the first of them in which he
fails to pass.
(2) The Government may, by order, reduce the period of probation of a probationer
by such period not exceeding the period during which he discharged the duties of the post
to which he was appointed or of a post the duties of which are in the opinion of the
Government, similar 1[and]1 equivalent to those of such post.
________________________________________________________________________
1. Substituted vide Notification No. DPAR 307 SRR 2018, dated 01.07.2019, Gazette dated
01.07.2019.
2. Substituted vide Notification No. DPAR 16 SRR 88 (1) dated 15-3-1989, Gazette Dated 20-
4-1989.
-2-

5. Declaration of satisfactory completion of probation etc.,-(1)At the end of the


prescribed or as the case may be the reduced or extended period of probation the
appointing authority shall consider the suitability of the probationer to hold the post to
which he was appointed, and-
(a) if it decides that the probationer is suitable to hold the post to which he was
appointed and has passed the special examinations or test, if any, required to be passed
during the period of probation it shall, as soon as possible, issue an order declaring the
probationer to have satisfactorily completed his probation and such an order shall have
effect from the date of expiry of the prescribed, reduced or extended period of probation;

(b) if the appointing authority decides that the probationer is not suitable to hold
the post to which he was appointed or has not passed the special examinations or special
tests. If any, required to be passed during the period of probation, it shall, unless the
period of probation is extended under rule 4, by order, discharge him from service.

(2) A probationer shall not be considered to have satisfactorily completed the


probation unless a specific order to that effect is passed. Any delay in the issue of an
order under sub-rule (1) shall not entitle the probationer to be deemed to have
satisfactorily completed his probation.

Note.- In this rule and rule 6 ‘discharge’ in the case of a probationer appointed
from another service or post, means reversion to that service or post.

6. Discharge of a probationer during the period of probation.-(1)


Notwithstanding anything in rule 5, the appointing authority may, at any time during the
period of probation, discharge from service a probationer on grounds arising out of the
conditions, if any, imposed by the rules or in the order of appointment, or an account of
his unsuitability for the service of post; but the order of discharge except when passed by
the Government shall not be given effect to till it has been submitted to and confirmed by
the next higher authority.
(2) An order discharging a probationer under this rule shall indicate the grounds for
the discharge but no formal proceedings under the Karnataka Civil Services
(Classification, Control and Appeal) Rules, 1957, shall be necessary.
7. Termination for misconduct.- No order terminating the services of a probationer,
whether during or at the end of the period of probation for any misconduct, shall be
passed except in accordance with the Karnataka Civil Services (Classification, Control
and Appeal) Rules, 1957.
8. Appeal.- No appeal shall lie against an order discharging a probationer under rule
5 or rule 6.
9. Confirmation.- Subject to sub-rule (4) of rule 19 of the Karnataka State Civil
Services (General Recruitment) Rules, 1977, a probationer who has been declared to have
satisfactorily completed his probation shall be confirmed at the earliest opportunity in any
substantive vacancy which may exist or arise;
-3-

Provided that where more than one approved probationer is available for such
confirmation, the senior-most approved probationer on the date of vacancy shall be
confirmed.
10. Increment and Pay.- (1) A probationer appointed at the initial or higher stage of
a time scale may draw the increment that fall due during the prescribed 3[………….]3
period of probation; he shall not, however, draw any increments after the expiry of such
period unless and until he is declared to have satisfactorily completed his probation.
(2) When a probationer is declared to have satisfactorily completed his probation
he shall draw, as from the date such order takes effect, the pay he would have drawn had
he been allowed the increments for the whole of his service from the date of his
appointment on probation.
11. Probation where validity of appointment is questioned.- Notwithstanding
anything contained in the preceding rules, where the validity of the appointment of any
person as probationer is questioned in any legal proceeding before a Court of law 4[and
where interim orders barring the declaration of satisfactory completion of the period of
probation has been ordered by such court of law]4 the period of probation of such person
shall continue until the final disposal of such proceedings, and pending such disposal, the
appointing authority may, if it is satisfied that the probationer has satisfactorily
completed the prescribed or extended period of probation direct that the probationer shall
be entitled to draw increment in the scale of pay of the post held by such probationer
from such date as may be specified in such direction and increments shall subject to the
other provisions governing the drawn of increments applicable to Government servants
generally, be drawn by such probationer accordingly.

2
[Provided that where no such interim order has been ordered in such proceedings,
the appointing authority may, if it is satisfied that the probationer has satisfactorily
completed the prescribed or extended period of probation, declare by order that the
probationer has satisfactorily completed his probation, subject to the final decision in
such proceedings.]2

12. Repeal.- (1) The Karnataka Government Servants’ Probation Rules, 1957 are
hereby repealed:
Provided that the said repeal shall not affect the previous operation of the said
rules or anything duly done or suffered thereunder or affect any right, liability or
obligation acquired, accrued or incurred under the said rules.
------------------------------------------------------------------------------------------------------------
3. Omitted vide Notification No. DPAR 65 SSR 78, Dated: 18-4-1980, Gazette dated
1-5-1980.
4. Inserted vide Notification No. DPAR 16 SRR 85, dated 31-12-1985, Gazette dated
16-1-1986.
-4-

(2) Any reference in any rule or order to the rules repealed by sub-rule (1) shall be
construed as a reference to these rules.
(3) All proceedings commenced under the rules repealed by sub-rule (1) and
pending on the date of commencement of these rules shall be continued and disposed of
in accordance with the provisions of these rules.

By Order and in the name of the Governor of Karnataka,


THE KARNATAKA CIVIL SERVICES (PROBATION) RULES, 1977

DPAR 57 SRR 75, Dated: 25th JUNE 1977

AMENDMENTS

1. Substituted vide Notification No. DPAR 16 SRR 88 (1) dated 15-8-1989,


Gazette Dated 20-4-1989.

2. Substituted vide Notification No. DPAR 307 SRR 2018, dated 01.07.2019,
Gazette dated 01.07.2019.

1. Omitted vide Notification No. DPAR 65 SSR78 18-4-1980 Gazette dated


1-5-1980.

2. Inserted vide Notification No. DPAR 16 SRR 85, dated 31-12-1985 Gazette
dated
16-1-1986.
Government of Karnataka

THE KARNATAKA CIVIL SERVICES (PROBATION) RULES, 1977

(AS ON ……………………………………)

Department of Personnel and Administrative Reforms

(Service Rules)

Common questions

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The period of probation can be extended by the Governor, the Government, or other appointing authority for reasons recorded in writing, and such extensions can be up to five years. Additionally, probation may be extended if examination results required to be passed by the probationer are pending. Conversely, the period can be reduced if the probationer has previously discharged similar duties, but not beyond the period of such service .

No, a probationer cannot appeal against an order of discharge under rules 5 or 6 of the Karnataka Civil Services (Probation) Rules, 1977. This is explicitly stipulated in the rules, leaving no recourse for official appeal processes once a discharge decision is made .

Termination for misconduct is dictated by the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957, and can happen at any point during or at the end of probation. Such termination must comply with the due processes defined in these control and appeal rules to ensure fair and lawful procedures .

The rules state that when multiple approved probationers are available for confirmation, the senior-most approved probationer on the date of vacancy should be confirmed first, ensuring a fair and systematic approach to confirmation in such scenarios .

If a probationer is awaiting results of mandatory exams or tests due during the initial or extended probation period, the probation is automatically extended until results are out. This ensures the probationer gets a fair chance to clear any required qualifications necessary for their role .

Amendments can substitute, insert, or omit provisions as needed. When rules like the 1957 probation rules are repealed, it doesn't affect operations conducted under them previously or rights and obligations obtained. Proceedings initiated under repealed rules are continued under the new rules, ensuring continuity and legal integrity .

During probation, a probationer may receive increments due in the prescribed period. However, increments cannot be drawn after probation ends until satisfactory completion is declared. Upon confirmation of satisfactory completion, pay adjustments are made retroactively as if all increments were received from the date of appointment .

If the validity of a probationer's appointment is under question in legal proceedings, and interim orders prevent the declaration of satisfactory probation completion, the probation continues until the proceedings conclude. Despite this ongoing status, increments may be drawn subject to satisfaction of the appointing authority if the probation is otherwise satisfactorily completed .

The satisfactory completion of probation under the Karnataka Civil Services (Probation) Rules, 1977 is subject to several criteria: the appointing authority must confirm that the probationer is suitable to hold the post, the probationer must have passed any required special examinations or tests, and an official order declaring the completion must be issued. The order becomes effective from the end of the probation period, whether it is the prescribed, reduced, or extended duration .

A probationer can be discharged during the probation period if deemed unsuitable or if specific conditions in the appointment order are unmet. Such a discharge order, unless issued by the Government, requires confirmation from the next higher authority before taking effect. However, formal proceedings under the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957, are not needed .

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