GOVERNMENT
OF ANDHRA PRADESH
GENERAL
ADMINISTRATION (SER D) DEPARTMENT
Circular
Memo.No.4532/Ser.D/2002-3. Dated:01-01-2003
Sub: Public Services -
Discharge of Probationers from service - Certain Instructions - Issued.
Ref: 1. G.O. Ms. No. 848, Genl Admn. (Ser. A)
Dept., dt. 11-06-1960.
2. Govt. Memo. No.
1933/65-4, G.A. (Ser. C) Dept., dt. 28-12-1965.
3. G.O. Ms. No.436, G.A. (Ser. D) Dept., dt. 15-10-1996.
-
- -
According
to clause (ii) of sub-rule (a) of Rule 17 of the Andhra Pradesh State and
Subordinate Service Rules, 1996, the Appointing Authority may, at any time,
before or after the expiry of the prescribed period of probation either extend
by not more than one year, whether on duty or otherwise, the period of probation
of a probationer, in case the probation has not been extended under sub-rule
(b) of this Rule or terminate his probation and discharge him from service
after giving him one month's notice or one month's pay in lieu of such notice,
on account of unsatisfactory performance or progress during training or
unsatisfactory performance of duties or unsatisfactory conduct or for any other
sufficient reason to be recorded in writing. Further as per clause (viii) under
explanation to Rule 9 of the A.P.C.S. (C.C. & A) Rules, 1991, the
termination of the services of a Government Servant appointed on probation,
during or at the end of the period of his probation, in accordance with the
terms of his appointment or the Rules and Orders governing such probation shall
not amount to a penalty within the meaning of the aforesaid Rule.
2. It has come to the notice of the
Government that in a large number of cases, where the Disciplinary / Appointing
Authorities felt that it is not desirable to continue the probationers in service
due to misconduct, misdeeds or misdemeanour or on any of the grounds provided
under clause (ii) of sub rule (a) of Rule 17 of the Andhra Pradesh State and
Subordinate Service Rules, 1996, orders are being issued either dismissing or
discharging the probationers from service giving elaborate details. When
details about such misdeeds are given, it is being contended by the discharged
probationers that as a stigma was cast upon them, a detailed enquiry under Andhra
Pradesh Civil Services (C.C. & A) Rules has to be held.
3. In this connection, the attention of the
Disciplinary / Appointing Authorities is invited to the instructions issued in
G.O. first cited, according to which a probationer or temporary Government Employee
may be discharged from service in accordance with the terms or his appointment.
It was also laid down therein that in the case of temporary appointments or
appointment on probation, the appointment order should be worded carefully, indicating
the condition therein that his services are liable to be terminated at any time
without notice and without assigning any reason. It was also impressed that the
grounds of discharge should not be specified in the order and the order should
be non-committal and innocuous and should merely direct the reversion or
discharge, invoking the particular provision in the terms of appointment.
4. The above instructions are reiterated for
guidance of the Disciplinary / Appointing Authorities, and they are directed
that wherever it is proposed to discharge the probationer due to misconduct.
misdeeds or misdemeanour or Gill any of the grounds provided in clause (ii) of
sub-rule (a) of Rule 17 of the Andhra Pradesh State and Subordinate Service
Rules, 1996, action may be taken to discharge them in terms of their
appointment by an innocuous order so as to avoid complications.
5. All the
Departments of Secretariat and all the Heads of Departments are requested to
adhere to the above instructions scrupulously and bring these instructions to
the notice of their subordinates.
SATHI
NAIR
Chief
Secretary to Government
OPEN - CCA Rules - References (open)
