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.457.
Dated:
05-12-2001
Read the
following:
G.O.Ms.No.487,
Genl. Admn. (Ser.C) Dept., dt.14 09.1992.
ORDER:
According
to rule 27 of the Andhra Pradesh Civil Services (Classification, Control andAppeal) 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 (I) 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 A.P. Lokayukta and Upa-Lokayukta being implemented
without an opportunity to the Government employee. This issue has been examined
keeping in view the judgement of the Supreme Court of India in Nagaraj Shiva
Rao Karjagi 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 of AP
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 A.P. Civil Services
(CC&A) Rules, 1991.
3. 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 No.235, Extraordinary of the Andhra
Pradesh Gazette dated the 1st July, 1992 as subsequently amended from time to
time.
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, the disciplinary authority on receipt
of a report from the Lokayukta or Upa-Lokayukta under sub-section (1) of
section 12 of the AP Lokayukta and Upa-Lokayukta Act, 1983 and on the basis of
the findings and recommendations made by the Andhra Pradesh Lokayukta or
Upa-Lokayukta as the case may be the disciplinary authority shall take action
against the employees under the relevant rules governing such employee and
dispose of the case duly following the relevant procedure prescribed and duly
considering the report of the Lokayukta or Upa-Lokayukta as the case may be and
shall arrive at independent of his judgement on the findings and
recommendations at the conclusion.
Provided
that the disciplinary authority for the purpose of this rule shall be the
authority specified under clause (c) of section 2 of the Andhra Pradesh
Lokayukta and Upa-Lokayukta Act, 1983 or the authority competent under the
rules governing such employee whichever authority is higher.
4. A copy of this order is available on the
internet and can be accessed at the address - http://apts.gov.in/apgos"
(By
Order and in the name of the Governor of Andhra Pradesh)
P.V.RAO
Chief
Secretary to Government
