GOVERNMENT
OF ANDHRA PRADESH
ABSTRACT
Andhra
Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 -
Amendment to Rule 40 - Issued.
GENERAL
ADMINISTRATION (SER.C) DEPT.
GO.Ms.No.455
Dated:05-12-2001
Read the
following:
G.O.Ms.No.487, GA (Ser.C),
Dept., dt 14.09.1992.
- - -
ORDER:
The
following notification will be published in the Andhra Pradesh Gazette: A copy
of this order is available on the internet and can be accessed at the address -
http://apts.gov.in/aggos”
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 PradeshCivil Services (Classification Control and Appeal) Rules, 1991 issued in
G.O.Ms.No.487, General Administration (Ser.C) Department, dated the 14th
September, 1992 and published in Part-I No.235, Extraordinary issue of the
Andhra Pradesh Gazette, dated the 1st July,1992 and as subsequently
amended from time to time.
In
the said rules, for rule 40 the following shall be substituted namely:
"40
(1) Notwithstanding anything contained in These rules:
(i)
the
Government, or
(ii) in
the case of a Government servant serving in a department or office under the
control of a head of department such head of the department directly under the
Government; or
(iii)
any
appellate authority, or
(iv)
any
other authority specified in this behalf by the Government by a general or
special order and within such time as may be prescribed in such general or
special order, may where a revision petition is preferred by the Government
servant within one year of the date of receipt by him of the order sought to be
revised, and in cases where no such revision petition is preferred within four
years of the date of the order proposed to be revised, either Suo-motu or
otherwise and after calling for the records of any inquiry and examination,
revise any order of penalty made under these rules or under the rules repealed
by rule 45, after consultation with Commission where such consultation is
necessary. The said authority may exercise the power Suo-motu within four years
from the date of issue of order of penalty by the competent authority or within
one year of the date of receipt of the petition either 640 confirm or reduce or
set aside the order of penalty or any other order already issued, and where it
is proposed to enhance the penalty, such authority may exercise the power
within four years from the date of receipt of the petition and revise any order
made under rule 45 after consultation with the Commission where such
consultation is necessary, and
(a)
confirm,
modify or set aside the order; or
(b)
confirm,
reduce, enhance or set aside the penalty imposed by the order, or impose any
penalty where no penalty has been imposed, or
(c) remit
the case to the authority which made the order or to any other authority
directing such authority to make such further inquiry as it may consider proper
in the circumstances of the case; or
(d)
pass such other orders as it may deem
fit;
Provided that the
special Inspector General of Police (Law and Order) or the Deputy Inspector
General of Police or an officer of the corresponding rank may, of his own
motion or otherwise, revise an order passed on appeal by the authority
subordinate to him;
Provided
further that no order imposing or enhancing any penalty shall be made by any
revising authority unless the Government servant concerned has been given a
reasonable opportunity of making a representation against the penalty proposed
and where it is proposed to impose any of the major penalties specified in rule
9 or to enhance the minor penalty imposed by the order sought to be revised to
any of the major penalties and if an inquiry under rule 20 has not already been
held in the case, no such penalty shall be imposed except after inquiring in
the manner laid down in rule 20, subject to the provisions of rule 25 and
except after consultation with the Commission, where such consultation is necessary:
Provided
also that subject to the provisions of rule 25, the revising authority shall:
(a) where the enhanced
penalty which the revising of authority proposes to impose, is the one
specified in clause (iv) of rule 9 and falls within the scope of the provisions
contained in sub-rule (2) of rule 22; and
(b) Where an inquiry in the manner laid down in rule 20 has not already been held in the case.
Itself
hold such inquiry or direct that such inquiry be held in accordance with the
provisions of rule 20, and thereafter, on a consideration of the proceedings of
such inquiry pass such orders as it may deem fit:
Provided
further that no power of revision shall be exercised by the head of department,
unless
(i)
the
authority which made the order in appeal, or
(ii) the authority to
which an appeal would lie, where no appeal has been preferred, is subordinate
to him
(2) No proceeding for revision shall be initiated or commenced until after -
(i) the expiry of
the period of limitation for preferring an appeal, or
(ii) the disposal
of the appeal, where any such appeal has been preferred; the Government Servant
may however prefer a revision petition for revising the order or penalty within
a period of one year after the appeal petition to the prescribed appellate
authority is disposed off.
(3) An application for revision shall be dealt
with in the same manner as if it were appeal under these rules.
(By
Order and in the name of the Governor of Andhra Pradesh)
P.V.RAO
Chief
Secretary to Government
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