GO.Ms.No:241, Dt:31-05-1996 | Departmental Inquiris

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. 

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