GOVERNMENT
OF ANDHRA PRADESH
ABSTRACT
Opinions
- Seeking or opinion of Law Department in the Anti-Corruption Bureau initiated
cases where a legal issue is involved - Certain instructions - Issued.
GENERAL
ADMINISTRATION (SC.E) DEPARTMENT
G.O.Ms.No.440
Dated
: 23-10-1997
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ORDER:
It
is informed by the Andhra Pradesh Vigilance Commissioner that during the course
of an enquiry by the Anti-Corruption Bureau it has come to light that an
officer involved in a Criminal Case was convicted and sentenced to undergo
Rigorous Imprisonment for one year and also to pay fine on 25-7-1985 by the
Additional Judicial First-Class Magistrate. The Accused Officer failed on
appeal in the Court or the Additional Sessions Judge. The Sessions Judge passed
orders suspending the sentence of imprisonment along and upheld the conviction
part of the lower court. When the Administrative Department referred the file
to Law Department to advice whether the Accused Officer could be dismissed from
service as his conviction was upheld, the Law Department opined that it is not safe
to dismiss the officer on the mere grounds of imposition or fine advised the
Department to await the Judgement or the appeal filed by the Officer. While giving
the above opinion on 28-1-86 the file was not been by the Secretary, Law
Department. Final Judgement in the above case was, however, delivered on 17-6-1986
setting aside the sentence awarded by the Additional Judicial First-Class
Magistrate and the appellant accused was directed to be released on probation.
When the Administrative Department again referred the file to the Law
Department. on further course or action, the Law Department, having realised
the mistake in their earlier opinion dated 28-1-86, advised the Department to
impose any or the penalties specified in Rule 8 of the A.P.C.S. (C.C.A.) Rules
1963, Instead or dismissing the accused Officer from service, the
Administrative Department have appointed an Enquiry Officer to conduct enquiry
into the matter. Based on the Enquiry Officer's findings, the Administrative
Department have proposed whether further action in the case may he dropped.
The
above matter was discussed by the Vigilance Commissioner with the Secretary to
Government. Law, Joint Secretary to Government of the Administrative Department
and Senior Officer of Anti-Corruption Bureau in a Meeting held on 25-7-1997 and
observed that though the Law Department gave its revised advice as
far back as on 28-4-1989, the Administrative Department failed to take action
to dismiss the Accused Officer from Service and has thus continued him in
service till his retirement on 31-7-1996 i.e., for a period of 7 years. The
Vigilance Commissioner has also observed further that the Administrative Department
did not mark the file specifically to the Secretary to Government, Law but
merely marked it to Law Department. and consequently, correct advice could not
be tendered to the Administrative Department in the first instance resulting in
the continuance of the Accused Officer in service for 11 years after he was
convicted by a Court of Law on 25-7-1985. The Andhra Pradesh Vigilance
Commission, Hyderabad has therefore requested the Government to issue suitable
instructions to all Departments of Secretariat to mark their files specifically
to Secretary, Law for seeking opinion of Law Department in all Anti-Corruption
Bureau initiated cases where a legal issue is involved.
Government,
after careful examination of the matter, have considered the advice of the
Andhra Pradesh Vigilance Commission to issue instructions to all Departments of
Secretariat to mark their files specifically to Secretary (Law) for seeking
opinion or Law Department where a legal issue is involved in nil
Anti-Corruption Bureau initiated cases.
Accordingly.
all Departments of Secretariat are directed to mark their files specifically to
Secretary (Law) for seeking opinion of the Law Department in all
Anti-Corruption Bureau initiated cases where a legal issue is involved instead
or marking the files to Law Department in a routine course.
M.V.S.
PRASAD
Secretary
to Government (Poll)
