ABSTRACT
Public
Services-Disciplinary Cases-Review of orders of suspension for continuance
beyond the period of six months - Authorities empowered to under - take review orders
Issued.
GENERAL
ADMINISTRATION (SERVICES-C) DEPARTMENT
G.O.Ms.No.480
Dt:7-9-1993
Read the Following
1. G.O.Ms.No. 205,
Genl. Adnm. (Ser. C) Dept., dt. 17-3-1990.
2. G.O.Ms.No. 487,Genl. Adnm. (Ser.C) Dept, Dt 14-9-1992.
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O
R D E R:
Sub-rule
(1) of rule 8 of the Andhra Pradesh Civil Services (Classification, control,
and Appeal) Rules, 1991, lays down that a member of a service may be placed
under suspension from service:
a) Where
disciplinary proceedings against him are contemplated or pending.
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.
Sub-rule
(5) (a) of rule 8 of the said Rules lays down that an order of suspension made
or deemed to have been made under this rule shall continue to remain in force
until it is modified or revoked by the authority which made or is deemed to
have made the order or by an authority, to which that authority is subordinate.
Under Sub-Rule 5(b), of Rule 8 it is specified that where a Government servant
is suspended or is deemed to have been suspended, whether in connection with
any disciplinary proceedings or otherwise, and any other disciplinary
proceedings is commenced against him during the continuance of that suspension,
the authority competent to place him under suspension may, for reasons to be
recorded by him in writing, direct that the Government servant shall continue
to be under suspension until the termination of all, or any of such
proceedings.
2.
In its order dt: 10-4-1993 in 0.A No. 7109/92 the Andhra Pradesh Administrative
Tribunal has observed as follows:
"We
wish to observe that the order of suspension needs to be reviewed by the
authorities periodically. The criminal trial or disciplinary proceedings may
take a long time and the Government is to review the need for continued
suspension on relevant grounds periodically. The observation in para 5 of the
impugned order that the applicant shall continue under suspension until the
termination of all proceedings relating to the criminal charge does not imply
that till the trial, if any, is concluded, the order of suspension need not be
reviewed or revoked. It will be for the Govt. to review the need for continued
suspension at reasonable periodical intervals say six months."
3.
In the G.O 1st read above; executive instructions were issued for
review of suspension at periodical intervals. Subsequently, the new Andhra
Pradesh Civil Services (Classification. control and Appeal) Rules, 1991 have
come into force with effect from 1.10.1992 repealing the old Classification
Control and Appeal Rules 1963. Consequently, it has been decided to issue
revised instructions for review of suspensions at periodical intervals.
4.
Accordingly, the following instructions are issued for review of the suspension
cases:
I.
Gazetted Officers:
i)
In the case of Gazetted Officers, the first review of the order of suspension
beyond a period of six months shall be undertaken by the Head of the
Department, provided the original order of suspension was not issued by
Government, and orders issued, if so decided, to continue the officer under
suspension until further orders.
ii)
The second and subsequent reviews at intervals of six months will be
under-taken and orders for continuance of the officer under suspension until
further orders will be issued by the Government.
iii)
If the original order of suspension was issued by the Government, all the
reviews including the first review shall be undertaken by the Government
themselves and orders for continuance of the Officer under suspension until
further orders will be issued by the Government.
II.
Non-Gazetted Officers:
i)
In the case of non-Gazetted officers first review of the orders of suspension
beyond a period of six months shall be undertaken either by the authority next
above the appointing authority or by the Head of the Department as the case may
be, and orders issued, if so decided, to continue the Officer under suspension
until further orders.
ii)
The next review beyond a period of one year from the date of suspension shall
be undertaken by the Head of the Department and orders issued by him, if so
decided, lO continue the officer under suspension until further orders.
iii)
A.1y further review for continuing or otherwise of an officer under suspension
beyond a period of one and a half years from the date of suspension at
intervals of six months shall be undertaken by the Government and orders for
continuance of the officer under suspension until further orders will be
issued.
III. At the end of
the review as laid down above if it is decided by the competent authority/head
of the Department/Government as the case may be, that the member 380 of the
service need no longer be continued under suspension, orders should be issued
forthwith revoking the order of suspension and he shall be reinstated into
service immediately.
5.
All the Departments of Secretariat, Heads of Departments etc., are requested to
follow the above instructions scrupulously and also bring them to the notice of
all concerned. Failure to follow the above instructions will be viewed
seriously.
(BY
ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
K.
JA YABHARATH REDDY
Chief
Secretary to Government
