GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Public Services - State and Subordinate Services - Appointment by
Promotion / Transfer to higher categories of Employees who are facing
disciplinary cases - Guidelines - Issued.
GENERAL ADMINISTRATION (S ER.C) DEPARTMENT
G.O.Ms.No. 257 Dated: 10-6-1999
Read the following:
1.
G.O.Ms.No. 424, GA (Ser.C) Dept., dt. 25.5.76.
2.
G.O.Ms.No. 104, GA (Ser.C) Dept., dt. 16.2.90
3.
G.O.Ms.No. 66, GA (Ser.C) Dept., dt. 30.01.91.
4.
From the Dept. of Personnel & Training etc., Govt. of India, Memo No.22011/4/91-Estt.
(A), dt.14.09.1992.
@@@@@
ORDER:
In the GOs 1st to 3rd read
above, orders were issued enunciating guidelines for consideration of employees
who are facing disciplinary enquiries in regard to their appointment by
promotion or transfer to higher categories.
2. In the reference fourth read above, the Ministry of
Personnel, Public Grievances and Pensions, Government of India have issued
guidelines in regard to consideration of Government servants against whom
disciplinary or court proceedings are pending or whose conduct is under
investigation, for promotion to next higher categories. Keeping in view the
said guidelines, orders have been issued in the G.O. fifth read above, for
consideration of employees for adhoc promotion where the disciplinary
case/criminal prosecution against the Govt. employees is not concluded even
after the expiry of two years from the date of the meeting of the first
Departmental Promotion Committee. in which the employee was considered, in case
the employee is not under suspension.
3. It has come to the notice of Government, that the guidelines
issued in the said orders are not being strictly adhered to in several
departments and adhoc promotion is being considered on the simple ground, that
two years period has elapsed after institution of disciplinary proceedings
against the employee without going into the desirability of making adhoc
promotion in such cases. The Government have carefully reviewed the issue and
accordingly it has been decided to cancel the orders issued in the G.O. fifthread above and issue suitable guidelines on the subject.
5. Government also order that with immediate effect the
following procedure and guidelines, be followed to consider the employees
against whom disciplinary cases or criminal prosecution are pending or whose
conduct is under investigation, for appointment by promotion or transfer, to
next higher categories.
A) The details of employees in the zone of consideration for promotion
falling under the following categories should be specifically brought to the
notice of the Departmental Promotion Committees or Screening Committees:
i) Officers under
suspension;
ii) Officers in
respect of whom a charge sheet has been issued and the disciplinary proceedings
are pending;
iii) Officers in
respect of whom prosecution for a criminal charge is pending.
B) Officers who are facing enquiry, trial or investigation can
be categorised into the following groups based on the nature of the allegations
or charges pending against them or about to be instituted namely:
i) an officer with a clean record, the nature of
charges or allegations against whom relate to minor lapses having no bearing on
his integrity or efficiency, which even if held proved, would not stand in the
way of his being promoted;
ii) an officer whose
record is such that he would not be promoted, irrespective of the allegations
or charges under enquiry, trial or investigation; and
iii) an officer whose
record is such that he would have been promoted had he not been facing enquiry,
trial or investigation, in respect of charges which, if held proved, would be
sufficient to supersede him.
C) The suitability of the officers for inclusion in the panel
should be considered on an overall assessment based on the record which should
include namely:
i) Adverse remarks
recorded in the Annual Confidential reports, the penalties awarded, and the bad
reputation of the officer as vouchsafed by the Head of the Department and the
Secretary to Government of the Department concerned; The above cases should be
considered as falling under category (ii) of item (B) above.
ii) The officers who
do not have any adverse entry in the Annual Confidential Report, and who have
no penalties awarded against them in the entire duration of the post and not
merely in the past five years and whose reputation is vouchsafed by the Head of
the Department and Secretary to Government of the Department concerned should
be considered as falling under category (iii) of item (B) above.
The officers categorised as under item (iii) of
G.O.Ms.No. 424, GA (Ser.C) Dept., dated 25.5.76 as mentioned above only should
be considered for adhoc promotion after completion of two years from the date
of the Departmental Promotion Committee or Screening Committee Meeting in which
their cases were considered for the first time.
6) The appointing authority should consider and decide that it
would not be against public interest to allow adhoc promotion to the officer
concerned and this shall be decided with reference to the charge under enquiry.
If the charge is one of moral turpitude, misappropriation, embezzlement and
grave dereliction of duty then the appointing authority should consider as not
in the public interest to consider adhoc promotion to such charged officer.
But, however, if the charge is not a grave one but is a minor one, not
involving moral turpitude, embezzlement and grave dereliction of duty then only
in such cases the appointing authority should consider that it would not be
against public interest to allow adhoc promotion because till then his record
is clean with reference to ACRs, past punishment and reputation in the
department as vouchsafed by the Head of the Department and Secretary to Government.
The appointing authorities should strive to finalise the disciplinary cases
pursuing them vigorously so that within two years the proceedings are concluded,
and final orders issued.
7) If the Officer concerned is acquitted, in the criminal
prosecution on the merits of the case or is fully exonerated in the
departmental proceedings, the adhoc promotion already made may be confirmed and
the promotion treated as a regular one from the date of the adhoc promotion
with all attendant benefits. In case the officer could have normally got his
regular promotion from a date prior to the date of his adhoc promotion with
reference to his placement in the Departmental Promotion Committee, proceedings,
and the actual date of promotion of the person ranked immediately junior to him
by the departmental promotion committee, he would also be allowed his due
seniority and benefit of notional promotion.
8) If the Officer is not acquitted on merits in the criminal
prosecution but purely on technical grounds and Government either proposes to
take up the matter to a higher Court or to proceed against him departmentally
or if the Officer is not exonerated in the departmental proceedings, the adhoc
promotion granted to him should be brought to an end.
9) All the Departments of Secretariat and Heads of Departments
should follow the above instructions scrupulously and bring it to the notice of
all the concerned.
(By order and in the name of the Governor of Andhra Pradesh)
V. ANANDARAU
Chief Secretary to Government
