GOVERNMENT
OF ANDHRA PRADESH
ABSTRACT
The
Andhra Pradesh Departmental Inquiries (Enforcement of Attendance of Witnesses
and production of Documents) Act No. 7 of 1993 - Certain Instructions - Issued.
GENERAL
ADMINISTRATION (SERVICES. C) DEPT.
G.O.Ms.No.241
Dated
: 31-5-1996
ORDER:
The
Andhra Pradesh Departmental Inquiries (Enforcement of Attendance of witnesses
and production of Documents) Act No. 7 of 1993, came into force on 2nd
February 1993 Section 7 (I) of the Act empowers the State Government to frame
rules for the purpose of giving effect to the provisions of the Act. But on
examination it is considered that it is not necessary to issue any rules under
the said Act, and that the Act, can effectively be implemented by issuing
suitable executive instructions.
Under
Section 5( I) of the said Departmental Inquiries, Act, every inquiring
authority authorised under section 4 thereof shall have the same powers as arc
vested in a civil Court under the code of Civil procedure, 1908 in respect of
(a) the summoning and enforcing the attendance of any witness and examining him
on oath. (b) requiring the discovery and production of any document or other
material which is produceable as evidence etc. The powers in relation to the
summoning and enforcing attendance of a witness are dealt with in order XVI of
the code of Civil I Procedure 1908. The procedure laid down in these orders be
adopted (copy of order XVI is enclosed). Mutatis Mutandis for summoning and
enforcing attendance of any witness and examining him on oath etc., before a
departmental Enquiry for the facility of the competent authorities Enquiry for
the facility of the competent authorities mentioned in the said Act, the
following standard forms are enclosed; namely:
i) Form
of Summons to witnesses;
ii) Form
of Request for Transmission of Summons to be served on a witness in a Departmental
Inquiry.
iii) Form
of Authorisation to the Inquiry authority to exercise powers specified in
Section 5 of the Act, and
iv) Form
of authorisation to an authority not lower than the appointing authority to
exercise the power specified in sub-section 4 of the Act.
2.
According to the procedure laid down in the code of Civil Procedure, 1908,
every summons by the authorised inquiring authority shall:-
a) a) be
in duplicate;
b) be
signed by the officer constituting such authority;
c) be
sealed with the seal of such officer or bear a stamp bearing his name and
designation;
d) d) Specify
the date on, and the time and place at which the specified person summoned is
required to attend and also whether his attendance is required for the purpose
of giving evidence or to discover and produce a document or material or for
both the purposes; and
e) be
endorsed and signed by each authority by post to the District Judge within the
local limits of whose jurisdiction the specified person, on whom such summons
is to be served, actually and voluntarily resides or carries on business or
personally, works for gain for service. To enable the District Judge to take
cognizance of the summons, a copy of the notification issued under section 4 of
the Act authorising the inquiring authority to exercise the powers specified in
section 5 of the Act may also be enclosed.
3.
It may be noted that attendance of witnesses and production of documents before
a departmental enquiry will continue to be secured in the manner as hitherto
followed. Where in the case of a departmental enquiry, the inquiring authority.
is satisfied that it is necessary to summon a person as a witness or to call
for a document from him and that the attendance of such person as a witness or
production of such documents may not otherwise be secured. it may. after
recording the reasons for doing so, make a reference to the competent
authority, or where there is no competent authority, to the Government seeking
authorisation under section 4 of the Act, to exercise the powers specified in
section 5 in relation to such person. The power to authorise on inquiring
authority to exercise the power specified in section I of the Act may be
exercised by the Government the competent authority Suo motu, also if it is of
the opinion that for the purpose of any departmental enquiry it is necessary to
do so.
(By order and in the Name of the Governor of Andhra Pradesh)
M.S. RAJAJEE
Chief Secretary to
Government
DEPARTMENTAL
INQUIRIES ACT FORMS
FORM-I
SUMMONS
TO WITNESS
(Section
5(3) of the Andhra Pradesh Departmental Inquiries (Enforcement of Attendance of
Witnesses and Production of Documents) Act, 1993 (Act 7 of 1993).
Departmental
Inquiry being held in relation to Shri/Smt./ Kumari
(Name)
(Designation)
working in the
(Name
of the Dept./Office.)
To
(Name
and Address of the Witness)
Whereas
your attendance is required to give evidence/produce documents
.................. on behalf. of ........................ (Name of the
defendant / Department concerned) ........................... in the Departmental
Inquiry. You are hereby required (Personally to appear before this inquiring
authority on the ...................... day of ........................
(Name of the month) I 9 .......... at O’clock in the Forenoon / Afternoon, and
to bring with you (or to send to this inquiring authority) ......; ......... .
(Description of documents required.
Your
travelling allowance and daily allowance will be paid by the Inquiring
Authority on the conclusion of your evidence. In you fail to comply with this
order without lawful excuse, you will be subject to the consequences of
non-attendance laid down in Rule-12 Order XVI of the Code of Civil Procedure,
1908 (Act V of 1908). Given under my hand and the seal or this inquiring
authority this ............... day or (Name of the month)
...................... ............... 19 ..............
Inquiring
Authority
NOTE: If you arc
summoned only to discover and produce a document or other material and not lo
give evidence. you shall be deemed to have complied with the summons if you
cause such document or other material to be discovered and produced before this
Inquiry Authority on the day and hour aforesaid.
Explanation:-
Rates of travelling allowance and daily allowance
i)
Travelling
allowance. Not printed.
ii)
Daily
Allowance: Not printed.
iii) The
witness should bring along with l1im proof of his monthly income like
certificate of assessment of income-by-Income Tax Officer, certificate of
employer, etc., Where no proof is brought. he will be paid TA/DA at the lower
rates.
DEPARTMENTAL
INQUIRIES ACT
FORM
- 2
REQUEST
FOR TRANSMISSION OF SUMMONS TO BE SERVED ON A WITNESS IN A DEPARTMENTAL
INQUIRY.
(Sub-Section
(3) of Section 5 of Andhra Pradesh Departmental Inquiries (Enforcement of
Attendance of Witnesses and production of Documents) Act, 1993 (Act 7 of 1993.
To
(Name
and address of the District Judge concerned)
Sri,
Under
the .provisions of sub-section (3) of Section 5 of the Andhra Pradesh
Departmental Inquiries (Enforcement of Attendance of Witnesses and Production
of Documents) Act, I 993 (Act. No. 7 of I 993), a summons in duplicate herewith
forwarded for service on the witness ........ (Name)
...................................... (Address) arc requested to cause a copy
of the said summons to be served upon the said witness and return the original
to this Inquiring Authority signed by the said witness, with a statement of
service endorsed thereon by you.
2. A
copy of the Notification No . ..................................... dated
.................... issued by the Department ..................... of the
Competent Authority under sub-section (I) of Section 4 of the Andhra Pradesh
Departmental Inquiries (Enforcement of Attendance of witnesses and production
of Documents), Act,· 1993, conferring on the undersigned the powers specified
in Section 5 of the Act, is enclosed
Signature
Designation
....................................
Rubber stamp
bearing name and designation
For
(to be published
on the A.P. Gazette)
No.
Government of
Andhra Pradesh,
NOTIFICATION
Whereas
the Government is of the opinion that for the purposes of the Departmental
Inquiry relating to Shri ........................... it is necessary to summon
as Witnesses / call for any document from ..............
Now
therefore, in exercise of the powers conferred by section 4 of the Andhra Pradesh
departmental Inquiries (Enforcement of Attendance or Witnesses and Production
of Documents Act, 1993 (Act 7 of 1993) the Government hereby authorised Shri
................... as the inquiring authority to exercise the power specified
in section of the said Act in relation to
Signature
Designation
To
The
Commissioner,
Printing
Stationery & Stores purchase, Hyderabad
FORM-4
(To
be published in the A.P./ Gazzette Extraordinary)
No.
Government of
Andhra Pradesh Department
NOTIFICATION
In
exercise of the powers conferred by the section 4 of the Andhra Pradesh
Departmental Inquires Enforcement Act, 1993 (Act No. 7 of 1993) the Government
hereby specified ...................... as an authority to exercise the power
conferred on the Government in respect of (Category of Government Servants
against whom a departmental inquiry may be held.
SIGNATURE:
DESIGNATION:
To
The
Commissioner,
Printing,
Stationary & stores Purchase, Hyderabad.
CCA Rules - References (open)
