ORDER:
According to the instruction 19 in Appendix-VI to the Andhra Pradesh, Civil Services (Classification, Control and Appeal) Rules, 1963:
i) If the authority competent to impose the punishment (or the appellate authority in case of an appeal) comes to the conclusion that the accused Government Servant must be fully exonerated, then the Government Servant should receive, for the period of suspension, the full pay to which he would have been entitled as also allowances;
ii) If he is not fully exonerated, suspension may be inflicted as a Substantive penalty under the Classification, Control and Appeal Rules and the pay, allowances etc., he should receive during the period of suspension should be specified".
According to the above instructions, the accused Government Servant is entitled to receive full pay and allowances only when he is fully exonerated of the charges and not otherwise.
2. The questionwhether the period of suspension shall be treated as duty for purpose of granting of full pay and allowances where the accused officer is awarded only a minor penalty after conclusion of the Departmental Proceedings though he is not fully exonerated of the charges, has been considered keeping in view certain judicial pronouncements and the orders issued by the Government of India.
3. The Government of India, Ministry of Personnel and Training, Administrative Reforms, Public Grievances and Pension, Department of Personnel and Training through their Memorandum No: 11012/15/85-Estt (A) dated 3.12.85 have ordered that where departmental proceedings against a suspended employee for the imposition a major penalty finally end with the imposition of a minor penalty, the suspension can be said to be wholly unjustified in terms of F.R. 54-B and the employee concerned should, therefore, be paid full pay and allowances for the period of suspension by passing a suitable order under F.R.54-B.
4. The Government after considering the above instructions, have decided to adopt the same and accordingly direct that the instructions in Appendix-VI to Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1963 to be amended suitably.
5. Government also direct that these orders will become effective from the date of issue. Past cases already decided, need not be re-opened.
6. Necessary amendments to F.Rs will be issued by Finance and Planning (Fin. F.R.) Department separately.
7. The following amendment is accordingly made to instruction 19 in Appendix VI to Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1963.
K.V. NATARAJAN
