GO.Ms.No:59, Dt:27-03-1995 | Fundamental Rules - CCA Rules | Regularisatino of Suspension

GOVERNMENT OF ANDHRA P RADESH

ABSTRACT 

Fundamental Rules - Regulating the period or suspension as duty for the purpose of pay and allowances in case of Departmental Enquiry which end in awarding minor penalty / punishment - Orders - Amendment to Sub-rule (5) of F.R. 54-8 - Modification - Orders - Issued.

FINANCE AND PLANNING (FW. FR.II) DEPARTMENT 

G.O.Ms. No. 59                                                                                                              Dated: 27-3-1995

 

Read the following

1. G.O.Ms.No. 238, G.A. (Ser. C) Dept., dt.7-4-1992.

2. G.O.Ms.No. 182, F & P (FW. FR. II) Dept., dt.31-10-92.

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ORDER

ln the Government Order first read above orders were issued based on the Government of India Memo. No. 11012/15/85, Estt. (A) dated 3-12-1985 amending the instruction 19 in Appendix-VI to A.P. Civil Service (CC & A) Rules 1963. It was also indicated therein that necessary amendment to Fundamental Rules will be issued separately. Government have issued orders in the G.O. second read above amending the FR 54-B adding proviso to sub-rule (5) allowing the benefit of these orders to the case where, suspension orders are passed on or after 7-4-1992.  Government have been receiving number of cases seeking benefit of these orders where the suspension period pertains to prior to 7-4-1992 i.e., pending settlement, so far, irrespective or date or suspension. The Andhra Pradesh Administrative Tribunal while disposing off O.A. No. 3065/93 has observed as follows:

"Suspension, should be restored to in extreme cases, and the authority should take the steps to suspend the employee only when the charges are grave, which may result in imposition of major penally and not otherwise".

The matter has been examined in the light or the orders or the Tribunal. Law Department have advised that the order or the Tribunal may be implemented as there are no grounds or chance of carrying in appeal to the Supreme Court which will not entertain the SLP and it would be a futile exercise to go in for appeal. The Law Dept. have further advised that the order of the Tribunal is sound as they have applied the principle in the FR. 54-B as amended in G.O.Ms.No. 182. Finance & Planning (FW. FR. II) Department dated 31-10-1992 so as to avoid miscarriage of justice and it may be seen that what is applied is a principle which was already decided by several courts even prior to the amendment and that the amendment itself is intended to implement the principle already established by the court of law.

Accordingly, after consideration of the mailer and to be conformity with the orders issued in G.O. 1^st read above it has been decided to amend the proviso to sub-rule (5) of F.R. 54-B suitably.

The following Notification will he published in the Andhra Pradesh Gazette:

NOTIFICATION

In exercise of the powers conferred by the proviso to Article 309 read with Article 313 of the Constitution of India; the Governor of Andhra Pradesh hereby makes the following amendment to Fundamental Rules.

The amendment hereby made shall be deemed to have come into force with effect from 7-4-1992.

AMENDMENT

In rule 54-B of the said rules, in sub-rule (5) in the proviso, the expression "on or after 7-4-1992" shall be omitted.

(By order and in the Name of the Governor of Andhra Pradesh)

R.P. AGRAWAL

Secretary to Government

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