GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Andhra
Pradesh Civil Services (Classification, Control & Appeal) Rules, 1991 -
Amendment to rule 27 - Orders - Issued.
GENERAL
ADMINISTRATION (SER.C) DEPT.
G.O.Ms.No.350
Dated:
08-08-2002
Read the following:
G .O.Ms.No.487, GA
(Ser.C), Dept., dt.14.09.1992.
ORDER:
According
to rule 27 of the Andhra Pradesh Civil Services (Classification, Control and
Appeal) Rules, 1991, where it is proposed to impose on a Government servant any
of the penalties specified in rule 9 or rule 10 on the basis of the
recommendation in a report under sub-section (l) of section 12 of the Andhra
Pradesh Lokayukta and Upa-Lokayukta Act, 1983, the disciplinary authority shall
take action on the basis of the recommendation contained in the report and
impose any of the penalties specified in rule 9 or rule 10 of the Andhra
Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 without
following the provision of rule 20 and 21 of the said rules. Thus, the recommendation
of the Andhra Pradesh Lokayukta and Upa-Lokayukta is being implemented without
an opportunity to the Government employee. This issue has been examined keeping
in view the judgment of the Supreme Court of India in Nagaraj Shiva Rao Katjagi
Vs. Syndicate Bank, Head Office, Manipal reported in (1992) 19, ATCS, 639 and
also time and again Supreme Court of India observed on the need to have clear
application of mind and also the disciplinary authority shall have an
independent and uninfluenced conclusion in conducting the disciplinary
proceedings. Neither the constitutional body, the Public Service Commission nor
the statutory authority, the Vigilance Commission shall have powers to direct
the disciplinary authority in taking a decision about the punishment to be
imposed on the delinquent officer. The judicial pronouncements of the Supreme
Court of India are the Law of land and shall be followed in tune with the
article 141 of Constitution of India. ·
2. The need to give opportunity to the
Delinquent employee while taking action on the report under section 12 of
Andhra Pradesh Lokayukta and UpaLokayukta Act 1983 has been examined by the
Government and it is decided to provide for the same in the rule 27 of Andhra
Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991.
3. "A Copy of this order is available
on the internet and can be accessed at the address - http://apts.gov.in/apgos."
4. Accordingly, the following notification
will be published in the Extraordinary issue of the Andhra Pradesh Gazette.
NOTIFICATION
In
exercise of the powers conferred by the proviso to article 309 of the
Constitution of India, and of all other powers hereunto enabling the Governor
of Andhra Pradesh hereby makes the following amendment to the Andhra Pradesh
Civil Services (Classification, Control and Appeal) Rules, 1991 issued in
G.O.Ms.No.487, General Administration (Services.C) Department, dated the 14th
September, 1992 and published in part-I Extraordinary of the Andhra Pradesh
Gazette No.235, dated the 1st July, 1992 and as subsequently amended from
time to time.
AMENDMENT
In the
said rules, for rule 27 the following shall be substituted, namely: -
"27: Action on report of Lokayukta and Upa-Lokayukta:
Notwithstanding anything contained in rule 20 or rule 22, where it is proposed to impose on a Government servant any of the penalties specified in rule 9 or rule 10 on the basis of the recommendation contained in the report mentioned in sub-section (l) of section 12 of the Andhra Pradesh Lokayukta and Upa-Lokayukta Act 1983, the disciplinary authority shall take action on the basis of the recommendation contained in the report, after furnishing a copy of the report to the charged Government servant to make a representation, if any, within a reasonable time fixed ·md after taking into consideration such representation, and impose any of the penalties specified in rule 9 or rule 10.
Provided
that, the disciplinary authority for the purpose of this rule shall be the
authority under rule 2 (c) or as specified under clause (c) of section 2 of the
Andhra Pradesh Lokayukta and Upa-Lokayukta Act, 1983.
(By
Order and in the name of the Governor of Andhra Pradesh)
K.
SWAMINATHAN,
Chief
Secretary to Govt.
