GO.Ms.No:411, Dt:20-07-1993 | CCA Rules - Suspension | Prescribed format.

GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

 

GENERAL  - Public Services-Suspension-Orders of suspension prescription of format-Orders-Issued.

ADM INISTRATION (SERVICES C) DEPARTMENT

 

G.O.Ms.No.411                                                                                                                      Dt: 20-7-1993

 

Read the following:

 G.O.Ms.No.487 G.A.(Ser.C) Dept, dt 14-9-1992.

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O R D E R:

 

UnderRule 8 (1) of the Andhra Pradesh Civil Services (CCA) Rules, 1991, a member of service may be placed under suspension from service.

 

a) Where a disciplinary proceeding against him is contemplated or is pending; or

b) Where in the opinion of the authority competent to place the Government servant under suspension, he has engaged himself in activities prejudicial to the interest of the security of the state; or

c) Where a case against, him in respect of any criminal offence is under investigation, inquiry, or trial.

 

2. The authority competent to order a Government Servant to be placed under suspension should apply his mind before passing such an order and the order of suspension should be in the legally correct format. If the orders of suspension issued are defective and not in the correct format such orders are liable to be challenged in courts merely on technical grounds.

 

3. With a view to avoiding such situations and to bring uniformity in the forms of orders of suspension having regard to the provisions contained in the Andhra Pradesh Civil Services (CCA) Rules 1991, it has been considered desirable to prescribe model formats of order for the guidance of the competent authorities who are empowered to pass suspension orders against the delinquent officers.

 

4. Government accordingly direct that the competent authority should issue order of suspension after due consideration, in the relevant proforma annexed to this order as indicated below:

a) Where charge sheet has been issued, the form in Annexure-I to this order may be considered for adoption.

b) Where disciplinary proceedings are contemplated, the form in Annexure II to this order may be considered for adoption; and

c) Where a case has been registered and it is under investigation, the Form in Annexure III to this order may be considered for adoption.

 

5. All Departments of Secretariat, Heads of Departments etc., are requested to bring these orders to the notice of all competent authorities.

 

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

 

K. JAY ABHARATH REDDY

Chief Secretary to Government

ANNEXURE – I

 

Form of order of suspension under Rule 8(1) of the Andhra Pradesh Civil Services (CCA) Rules, 1991.

 

Sub: Public Services-Sri/Smt... ....................................... suspension from service orders- Issued.

And whereas the Government Andhra Pradesh/undersigned being the competent authority (Appointing authority/any other competent authority) consider it necessary to place Sri/Smt............................................... under suspension pending enquiry into grave charge or charges afore mentioned.

Now, therefore, in exercise of the powers conferred by sub-rule (1) of rule 8 of Andhra Pradesh Civil Services (CCA) Rules, 1991, the Government of Andhra Pradesh/under signed (appointing authority/any other competent authority) hereby place(s) the said Sri/Smt. ....................................... under suspension from the date of communication of this order and he/she shall continue to be under suspension in public interest until the conclusion of the disciplinary proceedings/termination of all proceedings relating to the criminal charge(s).

It is further ordered that during the period this order remains in force the headquarters of Sri/Smt................................ (name and designation of Government servant shall be (name of the place) and the said Sri/Smt............................. shall not leave the headquarters without obtaining the previous permission of the undersigned.

Signature .................................

 Name and Designation of the 

suspending authority

ANNEXURE-II 

Form of order of suspension under Rule 8(1) of the Andhra Pradesh Civil Services (CCA) Rules, 1991.

 

Sub: Public Services-Sri/Smt. ........................................ Suspension from service orders-Issued.

Whereas it has come to the notice of the Government of Andhra Pradesh/ Undersigned who is the competent authority (Appointing authority/any other competent authority) alleging ..................................

And whereas disciplinary proceedings against Sri ........................................... are contemplated:

        And whereas the Government of Andhra Pradesh/undersigned (appointing authority/any other competent authority) after careful consideration of the available material and having due regard to the circumstances of the case, are satisfied that it is necessary to place Sri/Smt. ...................................... under suspension.

Now, therefore in exercise or the powers conferred by sub-rule (1) of rule 8 of Andhra Pradesh Civil Services (CCA) Rules, 1991 the Government of Andhra Pradesh/undersigned (appointing authority/any other competent authority) hereby place(s) the said Sri/Smt. ............................................... under suspension from the date of communication of this order and he/she shall continue to be under suspension until the conclusion of the disciplinary proceedings/termination of all proceedings relating to the criminal charge(s).

It is further ordered that during the period of this order remains in force, the headquarters of Sri/Smt........................................... (name and designation of the Government servant) shall be ............................. (Name of the place) and the said Sri/Smt........................................ shall not leave the headquarters without obtaining the previous permission of the undersigned.

Signature ................................ 

Name and designation of the 

Suspending authority 

ANNEXURE-III

Form of order of suspension under Rule 8(1) of the Andhra Pradesh Civil Services (CCA) Rules, 1991.

Sub: Public Services-Sri/Smt. ....................................... Suspension from service-Orders-Issued.

Whereas it has come to the notice of the Government of Andhra Pradesh/ Undersigned who is the competent authority (Appointing authority or any other competent authority) alleging that...................................

 

And whereas a case has been registered by the Anti-Corruption Bureau/Officer incharge of the Police Station .................... in Crime No ................. under section of ................................

            And whereas it is considered that his continuance in Office will prejudice the investigation.

And whereas the Government of Andhra Pradesh/undersigned (appointing authority or any other competent authority) after careful consideration of the available material and having due regard to the circumstances of the case, are satisfied that the Criminal charge under investigation is connected with his official position as a government servant and involved moral turpitude and therefore-consider it is necessary to place Sri/Smt...................................... under suspension.

Now, therefore in exercise of the powers conferred by sub-rule (1) of rule 8 of Andhra Pradesh Civil Services (CCA) Rules, 1991 the Government of Andhra Pradesh/under signed (appointing authority/any other competent authority) hereby place(s) the said Sri/Smt ................................................ under suspension from the date of communication of this order and he/she shall continue to be under suspension until the conclusion of the disciplinary proceedings/termination of all pleadings relating to the criminal charge(s).

 It is further ordered that during the period this order remains in force, the headquarters of Sri/Smt.......................................... (name and designation of the Government servant) shall be ............................... (Name of the place) and the said Sri/Smt. ........................................ shall not leave the headquarters without obtaining the previous permission of the undersigned.

Signature ...............................

Name and designation of the

Suspending authority

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