GOVERNMENT OF ANDHRA PRADESH
Read the following
NOTIFICATION
RULES
PART-I – GENERAL
(1) Short title and commencement:
(1) These rules may be called the Andhra Pradesh Civil
Services (Classification, Control and Appeal) Rules, 1991.
(2) They shall come into force 011 and after the expiration of three months from the date of publication of these rules in the Andhra Pradesh Ga1clk.
Interpretation:
(2)
In these rules,
unless the context otherwise requires-
(a) 'appointing authority' in relation to a Government
servant means –
(i) the authority which actually made the temporary or
officiating or substantive appointment as the case may be, of the Government
Servant to the post held by him at the time of initiation of disciplinary
proceeding, or
(ii) the authority which is. under the rules regulating the recruitment to the post which the Government Servant for the time being holds, competent to make an appointment.
Whichever authority is higher:
(b) 'Commission' means the Andhra Pradesh Public Service
Commission:
(c) 'disciplinary authority' means the authority
competent under these rules lo impose on a Government Servant any of the
penalties specified in rule 9 or rule 10;
(d) 'Government' means the Government of Andhra Pradesh.
(e) 'Government Servant' means a person who
(i) is a 111emher of a Civil Service of the Stall'. or
hnlds a civil post in connection with the affair or the
State, whether temporary or permanent appointed thcrl'lo hcforL'. on or after
the dale specified in rule I and include such
Government Servan! whose services arc temporarily placed al the diposal of the Ciovcrnmc111 uf India. the Government of
another State. nr a company. curporat1"11 or organiation owned or n>ntrollcd hy Government. or a local or
uthc1 authuril). 1wtwithstam.ling th,ll hi alary is drawn from sources otill'1 than 1l1c
(',,11,olidated Fund or the State:
(ii) is a member or a Civil Service or or holds a civil
rost under the (illv..:rnment or India or the Ciuvc1 n111ent of another State
and whose services a1c 1c111porarily placed at the uiroaf or Government:
(iii) is in the service of a local or other authority and
whose services are temfiorarily placed at the disposal or Government:
(f) 'Governor' means Governor
of Andhra Pradesh:
(g) 'major penalty' means any of the penalties specified
in clauses (vi) to (x) (both inclusive) of rule 9;
(h) 'minor penalty' means any of the penalties specified
in clauses (i) to (v) (both inclusive) of rule 9; and in rule 10;
(i) 'Service' means a civil service of the State;
(j) 'State' means the State of Andhra Pradesh.
Application:
(3)
(1) These
rules shall apply to every Government Servant except –
(a) persons in casual employment;
(b) persons subject to discharge from service on less
than one month's notice;
(c) persons for whom special provision is made in respect
of matters covered by these rules, by or under any law for the time being in
force or in any rule or by or under any contract or agreement entered into by
or with the previous approval of the Government before or after the
commencement of these rules, in regard to matters covered by such special
provisions;
(d) members of the All-India Services.
(2) If any doubt arises –
(a) whether these rules apply to any person, or
(b) whether a person to whom these rules apply belongs to a particular service, or as to which of the two iir more services is the Service to which such person belongs, the mailer shaf I be referred to the Government whose decision shall be final.
Power to exclude from operation
(4) Notwithstanding anything in rule 3, the ·Governor may. by notification published in the Andhra Pradesh (,a1cttc. exclude, wholly or in part. from the operati,,n or these rules. the holder of any post or the holder of any class of posts, in respect of whom the Governor declare, that the rules cannot,ullahl be applied; and these rules shall. thereupon. to the extent of such exclusion. cease to apply to them accordingly.
PART-II - CLASSIFICATION
Classification of Services:
(5)
(1) The civil services of the State, the
members of which are subject to these rules, shall be classified as follows
(a) the State Services; and
(b) the Subordinate Services.
(2) A member or the civil service of the Stale and every person holding a civil post under the State whose services arc placed at the disposal of any company, corporation, organisation or local authority by the Government or by any competent authority shall, for the purposes or these rules, be deemed to be a member of such civil service or be deemed to hold such civil post, notwithstanding that his salary is drawn from a source other than the Consolidated Fund of the State.
(6) The State Services shall consist of the services included in Schedule I to these rules and any other service that may be notified by Government from time to time.
Constitution of Subordinate Services:
(7) The Subordinate Services shall consist of the services included in Schedule 11 to these rules and any other services that may be notified by Government from time to time.
PART-III - SUSPENSION
(a) where a disciplinary proceeding against him is
contemplated rn 1s 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 againt hi111
111 rL·pcct uf any cri111i1wl offence 1 under 1Tl\dt1gat1011, inquiry ur 11 ial
The proviso 01111tll'd (G.O.Ms. o. 417 G.A. (Ser. CJ Dept.. elated 24-ts-94).
(2) A Government Servant shall he deemed to
have been placed under suspension by an order or the authority competent to
place him under suspension.
(a) with GITL:cl lro111 the date or his cletentinn. if he
is detained in rnstody. whether on a cr1111i11al charge or otherwise for a
period exceeding lmty-cight hours;
(b) with effect from the date of his conviction iL in the event or a conviction for an offence, he i, sentenced to a term of imprisonment exceeding forty-eight hours and is not forthwith dismissed or removed or compulsorily retired consequent to such conviction.
Explanation - The period of forty-eight hours referred to in clause (b) of this sub-rule shall be computed from the commencement of the imprisonment after the conviction and for this purpose, intermittent periods of imprisonment, if any, shall be taken into account.
(3) Where a penalty of dismissal, removal or compulsory retirement fron1 service imposed upon a Government servant under suspension is set aside in appeal or on revision or review under these rules and the case is remitted for further inquiry or action or with any other directions the order of his suspension shall be deemed to have continued in force on and from the date of the original order of dismissal, removal or compulsory retirement and shall remain in force- until further orders.
(4) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a Government servant is set aside or declared or n:ndered void in consequence of or by a decision of a court of law and the authority competent to impose the penalty, on a consideration of the circumstanccs or the case, decide, 10 hDld a further inquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retire- 111cnt was originally impo,cd. the Government servant shall be deemed to 1 1avc been placed unde1 ,uspcnsion by the authority competent to impose the suspension from the date ol the original order of dismissal. removal or compulsory retirement and shall continue lo remain under suspension until further orders
Provided that no further inquiry shall be ordered unless it is intended to meet a situation where the court _____________ an order purely on technical grounds without going into the merits ol lhc case.
(5)
(a) An order or suspension 111ade or dec111ed to have hcL·n n1,1dc . under this rule shall continue to remain in force until it i» modified or revoked by the authority which made or is deemed lo have made the order or hy an authority to which that authority is subordinate.
(b) Where a Government se1vanl is suspended or is deemed to have been suspended. whether in connection with any disciplinary proceeding or otherwise, and any other disciplinary proceeding is commenced aga111sl him during the continuance or that suspension the authorilf competent to place him under suspension, May, ror reasons to be recorded by him in writing, direct that the Government servant shall continue to be under suspension until the termination or all or any or such proceedings. (c) An order of suspension made or deemed to have been made under this rule may, at any time, be modified or revoked hy the authority which made or is deemed to have made the order or by any authority to which that authority is subordinate.
PART-IV - PENALTIES AND DISCIPLINARY AUTHORITIES
(9) The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on a Government servant, namely
Minor Penalties :
(ii) Withholding or promotion;
(iii) recovery from pay of the whole or part of any pecuniary
loss caused by him to the State Government or the Central Government or to a local
authority or to a corporation owned or controlled hy the State or the Central
Government. hy negligcnce or breach of orders while worh.ing in any department
or the State or thc Central Govern111ent. Joc;tl authority or corpllration concerned:
(iv) withholding ol i,·1cremcnts or pay withoui
L·um11l.iti\l: ellcct (G.O Ms.No. 205, GA (Ser.C) Dept.. dt. 5-6-98.
(v) suspension. where a per»on has already been su"pcnck:d under rule X to the extent considered 11c:ce»ary:
Major Penalties
(vi) withholding or pa with
cumulative ellcct (GO M.No. 205. C.J\. ( Ser (') Dept.. cit. 5-6-lJX J
(vii) reduction to a lower rank in the seniority list or
to a lower ,tagc in the time-scale or pay rn to a lower time-scale of pay not
being lower than that to which he was directly recruited or to a lower grade or
post not being lower than that lo which he was directly recruited. whether in
the same service or in another ervice,
state or subordinate;
(viii) compulsory retirement;
(ix) removal from service which shall not be a
disqualification fir future employment under the Government;
(x) dismissal from service which shall ordinarily be a
disqualification for future employment under the Government.
Provided that, in every case in which the charge of
acceptance from any person of any gratification, other than legal remuneration,
as a motive or reward for doing or forcbearing to do any official act is
established the rcnalty mentioned in clause (ix) or clause (x), shall be
imposed.
Provided further
that in any exceptional case and for special reasons to be recorded in writing,
any other penalty may be imposed. Explanation - The following shall not amount
to a penalty within q1e meaning of tliis rule, namely –
(i) non-promotion whether in a substantive or officiating
capacity, of a Government servant in a class, category or grade of the service,
arter consideration of his case on merit, to a higher class, category or grade
in the same service to which he is eligible;
(ii) reversion of a Government servant from a department
in which he is on deputation to his parent department or to a post not lower
than the post on which he holds a lien or a suspended lien, for administrative
reasons unconnected with his work or conduct.
(iii) replacement of the services of a Government
servant. whose services had been borrowed from the Government of another State
or the Central Government or an authority under the control of the Government
of another State or the Central Government or the authority from which the services
of such Government servant had been borrowed:
(iv) ,toppage rn postponement of increment of a
Government ervant on acc,iunt llf exten,11>n or probation under
rule 26 in Part-II llf the Andhra Pradc,h State ;ind Suhrndinatc Services
Rules:
(v) rner,ion ur a (;overnmcnt Servant, arpointed on
probation to any other Sen iL·c. grade llr po,t. tc, his permanent Sen 1cc.
grade or po,t during or the encl or the reriod or probation in accordance with
the terms or his appointment or the rules and orders governing uch probation –
(vi) reversion or a Government servant officiating in a
higher Service, grade or rost to a lower Service grade or post. on the ground
that he is considered to he unsuitable for such higher Service, grade or post
or on any administrative ground unconnected with his conduct.
(vii) withholding or increments of pay of a Government
servant for his failure to pass any departmental examination in accordance with
the rules or orders governing the service to which he belongs or post which he
holds or the terms of his appointment;
(viii) termination or tc
services of a Government servant appointed on probation, during or at the encl
of the period of his probation in accordance with the terms of his appointment
or the rules and orders governing such probation;
(ix) discharge of a Government servant engaged under
contract, in accordance with the terms of his contract;
(x) discharge of a
Government Servant appointed otherwise than under contract, to hold a temporary
appointment, on the expiration of the period of the appointment;
(xi) compulsory retirement of a Government servant in accordance with the provisions relating to his superannuation or retirement under subrules (2) and (2-A) of rule 3 of the Andhra Pradesh Liberalised Pension Rules, 1961 or under rules 292, 293 and 293 A of the Hyderabad Civil Services Rules or under the Andhra Pradesh Government Servant's Premature Retirement Rules, 1975 or under Article 465 (2) or under Note I to Article 465-A of the Civil Services Regulations or in the case of members of the Civil Service or the erstwhile Hyderabad Government, compulsory retirement before completion of 30 years or 25 years or qualifying service according as the members of the service is governed by the Revised Pension Rules 1951 or by the rules in force before that date, as the case may be, or the corresponding provisions thereof.
Other Penalties:
(i) fine on a member or the Andhra Pradesh Last Grade
Service and on a person holding any of tht.: posts specified in Appendix-I to
these rules:
(ii) suspension· for a period not exceeding fifteen days –
(a) on Forest Guards:
(b) on directly recruited members of the Andhra Pradesh
Police Subordinate Service and the Andhra Pradesh Special Armed Police Service:
(c) on Station Officers, Engineers, Sub-Officers, Leading Firemen, Driver-Mechanics, Driver Operators, Firemen-Mcchanics,_Firemen and equivalent ranks or the Andhra Pradesh Fire Subordinate Service;
Provided that the penalty may he imposed on Government Servants mentioned in sub-clauses (b) and (c) only if the penalty of reduction lo a lower grade, post or timescale or to a lower stage in the same time-scale cannot be imposed.
Disciplinary Authorities in respect of State Services:
(11)
(1) The High Court of Andhra Pradesh may impose on members of the Andhra Pradesh State Judicial Service, any of the penalties specified in clauses (i) to (vii) of rule 9:
Provided that the High Court of Andhra Pradesh may impose on Judicial, first class Magistrates any of the penalties specified in rule 9.
(2)
(i) The Commissioners concerned may impose on Mandal
Revenue Officers. Assistant Superintendents of Excise (including Chemical
Examiner in the cadre of Assistant Superintendent of Excise), Deputy Commercial
Tax Officers and Assistant Directors of Survey and Land Records, any of the
penalties specified in clauses (i) to (v) of rule 9.
(ii) The District Collector may impose on Manda! Revenue
Officers the penalties of (a) censure (b) withholding of increment for a period
of three months without, cumulative effect.
(iii)
(a) The Commissioner, Commercial Taxes may impose on
Commercial Tax Officers the penalties of (a) censure, (b) withholding of
increment for a period of three months without cumulative effect.
(b) The Deputy Commissioner, Commercial Taxes may impose on Deputy Commercial Tax Officers the penalties of (a) censure, (b) withholding of increment for a period of three months without cumulative effect.
(3) The Principal Secretary to Government, the Second Secretary to Government. the Special Secretary to Government the Secretary lo Governmcnl. and the Secretary 10 Governor may impose on Section Officers wmking in their respective departments, any of the penalties specified in clause (i) tu (v) ol rule-9 :
(3A) The Principal Secretary lo Government. the Second Secretary ln Government, Special Secretary to Government, the Secretary lo Government and the Secretary to Governor may impose 011 l he Private Secretaries to l ht: said Secretaries to Government working in their respective departments, any or the penalties specified in clauses (i) to (v) or Rule 9". (G.O.Ms.No. 199. GA (Ser.C) Dept., dt. I 6-5-97).
(4) The Director of Treasuries and Accounts may impose on the Accounts Officers, District Treasury Officers, Assistant Directors, Pension Payment Officers anti other Officers of equivalent cadre in Treasuries and Accounts Department, the penalties specified in clauses (i) and (iv) of rule 9.
(5) The Director of Local Fund f,.udit may impose on the Audit Officers of the Andhra Pradesh Local Fund Audit Service, the penalties specified in clauses (i) and (iv) of rule 9.
(6) The Commissioner, Endowments Department may impose on the Deputy Commissioners and Assistant Commissioners, Endowments Department the penalties specified in clauses (i) and (iv) of rule 9.
Sub Rule (7) omitted. (G.O.Ms.No. 246 G.A. (Ser.C) Dept., dt. 13-6-1997).
(8) The Director of Municipal Administration may impose on Municipal Commissioners of the Andhra Pradesh Mnnicipal Commissioners Suhordinate Service any of the penalties specified in clauses (i) to (iv) of rule 9.
(9) The Director of Agriculture may impose on the Deputy Directors of Agriculture the penalty specified in clause (i) of rule 9.
(10)
(i) The Director, Bureau of Economics and Statistics or
the District Collector may impose on District Statistical Officer, the penalty
specified in clause (i) of rule 9.
(ii) The Director, Bureau of Economics and Statistics may impose on Assistant Directors. any of the penalties specified in clauses (i), (ii), (iv) of rule 9.
(11) The Director, Commerce and export promotion may imrosc on Assistant Directors and Section Officers in categories ll and Ill of the Andhra Pradesh Central Store Purchase Service. any of the penalties specified i11 clauses (i) to (iv) ol 1ulc 9.
(12) The Co1111111s sio11er of Labour may imposc on /\ssistanl Commis sinners of Lahour. any of th<.: penalties sp<.:cified in l'iaucs (i). (ii). (iv) ol Ruic 9.
(13) The Inspector-General of Registration and Stamps may impose on District Registrars (including Assistant Inspector-General), any of the pl'.nalties specified in clauses (1), (ii) (iv) of rule 9.
(14) The Commissioner/Director of Fisheries may impose on Deputy Directors of Fisheries. any of the penalties specified in clauses (i) to (iv) of rule 9.
(15) The State Port Officer, Andhra Pradesh may impose on Assistant Engineer for Marine Works at minor ports the penalty specified in clause (i) of rule 9.
(16)
(i) The Director of School Education may impose on
Officers in Class II of the Andhra Pradesh Educational Service, any of the
penalties specified in clauses (i). (ii) (iv) of rule 9.
(ii) The Director of Higher Education may impose on
Deputy Directors of Higher Education, Chief Academic Guidance Officer in the
State Council for Educational Research and Training, Hyderabad and Principals
of Government Degree Colleges, any of the penalties specified in clauses (i), (ii),
(iv) of rule 9.
(iii) The Director of Adult Education may impose on Deputy Directors of Adult Education and District Adult Education Officers, the penalty specified in clause (i) of rule 9.
(17)
(i) The Director of Medical Education may impose on Civil
Assistant Surgeons. any of the penalties specified in clauses (i) to (iv) of
rule 9.
(ii) The Principals of Medical Colleges may impose on
Civil Assistant Surgeons of Clinical and Non-clinical Specialities, any of the
penalties specified in clauses (i), (ii), (iv) of rule 9.
(iii) The Superintendents of General Hospitals attached
to Medical Colleges may impose on Civil Assistant Surgeons of Clinical
Specialities and Civil Assistant Surgeons belonging to the Specialities of Biochemistry,
Pathology and Micro-Biology, any of the penalties specified in clauses (i). (ii).
(iv) of rule 9.
(iv) The Superintendents of the District Headquarters
Hospitals may impose on Civil Assistant Surgeons working in the District
Headquarters Hospitals. any of the penalties specified in clauses (i) (ii),
(iv) of rule 9.
(v) The District Medical and Health Officers may impose on Civil Assistant Surgeons working in the Hospitals in the Districts other than those worJ..111g in the District Headquarters Hospitals, any of the penalties specified in clauses (i), (ii), (iv) or "rule 9.
(18)
(i) The Director of Public Health may impose on
Statistician and Medical Officer (Maternity and Child Health) Gracie-II, any of
the renallics specified in clauses (i) to (vii) of rule 9.
(ii) The Director of Health and Family Welfare may impose on Civil Assistant Surgeons in the Public Health Department, any of the penalties specified in clauses (i) to (iv) of rule 9.
(19)
(i) The Director of Animal Husbandry may impose on
members in classes Ill and IV or the Andhra Pradesh Animal Husbandry Service,
any of the penalties specified in clauses (i) to (iv) of rule 9.
(ii) The Regional Director or Deputy Director may impose on Veterinary Officers, the penalties specified in clauses (i) to (iv) of rule 9.
(20) The Engineer-in-Chief (Irrigation) may impose on-
(a) Assistant Engineers, Irrigation Department and Junior
Superintendents, Public Works Workshops, the penalty specified in clause (i) of
rule 9; and
(b) the Non-Technical Personal Assistant in his Office, any of the , penalties specified in clauses (i) to (vii) of rule 9.
(21) The Chief Engineer (Electricity) may impose on -
(a) Assistant Engineers, Store Superintendents, Chief
Accountants and Deputy Chief Accountants under his control, the penalty
specified in clause (i) of rule 9; and
(b) the Non-Technical personal Assistant in his Office, any of the penalties specified in cla4ses (i) to (vii) of rule 9.
(22) The Engincr-in-Chief (R&B) may impose on Deputy Executive Engineers (R&B), the penalty specified in clause (i) or rule 9.
(23) The Chief Engineer, Public Health may impose on Assistant Engineers and Municipal Engineers, Gracie II and Municipal Engineers, Grade I (Telangana), the penalty specified in clause (i) of rule 9.
(24)
(i) The Chief Engineer (General & Panchayati Raj) may impose on Deputy Executive Engineers of the Panchayati Raj Engineering Service, the penalties specified in clauses (i) and (iv) or rule 9.
(ii) The Superintending Engineer (Panchayati Raj) may impose on Assistant Executive Engineers of the Panchayati Raj Engineering Service, any of the penalties specified in clauses (i) to (iv) of rule 9. Commercial Tax Officer, Personal Assistant lo the Superintendent of Police and Deputy Superintendent of Police, except lo the extent provided in the first proviso to sub-rule (2), shall not exercise the powers vested in a gazetted officer under the sub-rule; but such powers shall he exercise by Superintendent of Excise, Revenue Divisional Officer, Commercial Tax Officer, Superintendent of Police or Additional Superintendent of Police as the case may be:
Provided also that in the case of the members belonging to the categories of officers specified in Appendix-II to these rules, the authority which may impose any of the penalties specified in clauses (i), (iii), (iv) of rule 9 or place under suspension under rule 8 shall be as specified thereof against each such category.
(2) The authority which may impose on a member of a Subordinate Service, the penalties specified in clauses (ii), (v) to (x) of rule 9 shall be the appointing authority or any authority to which it is subordinate:
Provided that in case of the members of the Services specified in Appendix III to these rules, the authority which may impose any of the penalties specified in rule 9 and clause (i) of rule 10 shall be as specified thereof against each;
Provided further that in case of a member of the Andhra Pradesh Police Subordinate Service or the Andhra Pradesh Special Armed Police Service, the authority which may impose any of the penalties specified in rule 9, shall be as specified against each of the categories in Appendix IV; (G.O.Ms.No. 284, G.A. (Scr.C) Dept., dt. 7-7-1997).
Provided also as that the Superintendent, Forest School, Yellandu, Forest Utilisation Officer, State Sylviculturist, Working Plans Officer or District Forest Officer concerned, as the case may be or any authority to which it is subordinate, may impose the penalty specified in clause (ii) of rule 10 on Government servants mentioned in sub-clause (a) thereof;
Provided also that the authority specified as competent lo impose the penalty of suspension under clause (v), of rule 9 in Appendix-IV, as the case may he or any authority to which it is sub-ordinate may impose the penalty specified in clause (ii) of rule 10 on Government servants mentioned in sub-clause (h) thereof;
Provided also that the Additional Director of
Fire Service or the Regional Fire Officer concerned, as the case may he, or any
authority lo which it is subordinate may impose the penalty specified 111
clause (ii) of rule 10 on Government servant
mentioned in sub-clause (c) thereof.
Power of appointing authority etc. to suspend members of State and Subor in clauses (i), (ii), (iv) or rule 9.
(18)
(i) The Director or Public Health 111ay impose on Statistician
and Medical Officer (Maternity and Child Health) Grade-I!, any of the penalLics
specified in clauses (i) to (vii) of rule 9.
(ii) The Director or Health and Family Welfare may impose on Civil Assistant Surgeons in the Public Health Department, any of the penalties specified in clauses (i) to (iv) or rule 9.
(19)
(i) The Director of Animal Husbandry may impose on
members in classes III and IV of the Andhra Pradesh Animal Husbandry Service,
any of the penalties specified in clauses (i) to (iv) of rule 9.
(ii) The Regional Director or Deputy Director may impose on Veterinary Officers, the penalties specified in clauses (i) to (iv) of rule 9.
(20) The Engineer-in-Chief (Irrigation) may impose on-
(a) Assistant Engineers, Irrigation Department and Junior
Superintendents, Public Works Workshops, the penalty specified in clause (i) of
rule 9; and
(b) the Non-Technical Personal Assistant in his Office, any of the penalties specified in clauses (i) to (vii) of rule 9.
(21) The Chief Engineer (Electricity) may impose on –
(a) Assistant Engineers, Store Superintendents, Chief
Accountants and Deputy Chief Accountants under his control, the penalty
specified in clause (i) of rule 9; and
(b) the Non-Technical personal Assistant in his Office, any of the penalties specified in clauses (i) to (vii) of rule 9.
(22) The Engineer-in-Chief (R&B) may impose on Deputy Executive Engineers (R&B), the penalty specified in clause (i) or rule 9.
(23) The Chier Engineer, Public Health may impose on Assistant Engineers and Municipal Engineers, Grade II and Municipal Engineers, Grade I (Telangana), the penalty specified in clause (i) of rule 9.
(24)
(i) The Chief' Engineer (General & Panchayati Raj)
may impose on Deputy Executive Engineers of the Panchayati Raj Engineering
Service, the penalties specified in clauses (i) and (iv) or rule 9.
(ii) The Superintending Engineer (Panchayati Raj) may impose on Assistant Executive Engineers of the Panchayati Raj Engineering Service, any of the penalties specified in clauses (i) to (iv) of rule 9.
(25)
(i) The Deputy Inspector-General of Police or an Officer
of corresponding rank may impose on-
(a) Deputy Superintendent of Police, Assistant
Commissioner of Police, Assistant Commandant Andhra Pradesh Special Police,
Deputy Superintendent, Police Communications and Technical Assistant to Police
Transport Officer, any of the penalties specified in clauses (i) to (iv) of
rule 9; and
(b) Inspector of Police, Reserve Inspector, Am1ed
Reserve, Reserve Inspector, Andhra Pradesh Special Police, Inspector of Police,
Shorthand Bureau, Inspector or Police Communications, Inspector of Police
Transport Organisation, Inspector of Women Police, any of the penalties
specified in rule 9.
(ii) The Superintendent of Police or an Officer of corresponding rank may al-so impose on Inspector of Police, Reserve Inspector of Armed Reserve, Reserve In-Spector of Andhra Pradesh Special Police, Inspector of Police, Shorthand Bureau, In-Spector of Police Communications, Inspector of Police Transport Organisation, Inspector of Women Police, any of the penalties specified in clauses (i) to (iv) of rule 9.
(26) The General Manager, District Industries
Centre or an Officer does not lower in rank than a Joint Director of
Industries, who is the Head of the District Industries Centre, may impose on a
member of Service holding a post included in category IJJ of the Andhra Pradesh
Industries Service, the penalties specified in clauses (i) and (iv) of rule 9.
(a) The Principal Chief Conservator of Forests may impose
on Assistant Conservator of Forests any of the penalties specified in clauses
(i), (ii) and (iv) of Rule 9." (G.O.Ms.No. 496, GA (Ser.C) Dept., dt. 29-1
1-96).
(b) The Commissioner of industries may impose on officers
or the Industries Department upto and including the Officers of the rank of
Joint Directors or Industries any of the penalties specified in clause (i) to
(v) or rule 9. (G O.Ms.No. 247, GA (SerC) Dept., dated I 6-06- 1997).
(c) The Controller, Legal Metrology may impose on the
Assistant Controllers, Legal Metrology any of the penalties specified in
clauses (i) lo (v) of rule 9.
(d) The Cllm111issione1 and Director. Handloom & textiles may impllsc on Deputy Director (Handloom & Textiles) the penalties specified in clauses (i) and (iv) or Ruic 9." (G.O.Ms.No 359. C,A (Ser.CJ Dept.. ti!. 7-9-1998).
(27) Without prejudice to the fore going provisions:
(i) every Head or
Department may impose on a member or the State Services under his control. the
penalty specified in clause (iii) of rule 9. except Ill the case of each
member holding a post immediately below his rank: and
(ii) every Head of Department declared lo be the
appointing authority may impose on a member or the Stale Service holding an
initial G,v.clled post under his control. any or the penalties pecified in clauses (i) to (viii) or rule 9. (G.O.Ms.No.
205, G.A. (Ser.CJ Dept., dt. 5-6-1998).
Covernment's power to impose penalties 011 111e111.bers of State Services
(12) Not-withstanding anything in rule 11, the Government may impose any of the penalties specified in rule 9 on members of the State Services.
Authorities competent to suspend members of State Services
(13) The authority which may place under suspension under rule 8 members of the Stale Services mentioned in column (1) of the table below shall be the authority mentioned in column (2) thereof:
TABLE Disciplinary authorities and authorities competent to suspend in respect of Subordinate Services:
(14) (1)
(a) The authority which may place a member of a Subordinate Service under suspension under rule 8 or impose on such member the penalties specified in clause (i) of rule 10 and clauses (i) and (iv) of rule 9 shall be his immediate superior gazetted officer or where the appointing authority for such member is a non-gazetted officer. such officer, or any authority Lo which he is subordinate; (h) The authority which may impose, on a member of a subordinate Service. the penalty specified in clause (iii) of rule 9 shall he the officer next above the immediate superior gazetted officer: Provided that the appointing authority or any authority to which it is subordinate may also impose the aforesaid penally
Provided further that the Assistant Excise Superintendent, M.R.Os. Deputy Commercial Tax Officer, Personal Assistant to the Superintendent or Pulice and Deputy Superintendent or Police, except lo the extent provided in the first proviso to sub-rule (2), shall not exercise the powers vested in a gazetted officer under the sub-rule; but such powers shall be exercise by Superintendent of Excise, Revenue Divisional Officer, Commercial Tax Officer, Superintendent or Police or Additional Superintendent of Police as the case may be Provided also that in the case of the members belonging to the categories of officers specified in Appendix-II to these rules, the authority which may impose any of the penalties specified in clauses (i), (iii), (iv) of rule 9 or place under suspension under rule 8 shall be as specified thereof against each such category.
(2) The authority which may impose on a member of a Subordinate Service, the penalties specified in clauses (ii), (v) to (x) of rule 9 shall be the appointing authority or any authority to which it is subordinate
Provided that in case of the members of the Services specified in Appendix III to these rules, the authority which may impose any of the penalties specified in rule 9 and clause (i) or rule 10 shall be as specified thereof against each;
Provided further that in case of a member of the Andhra Pradesh Police Subordinate Service or the Andhra Pradesh Special Armed Police Service, the authority which may impose any of the penalties specified in rule 9, shall be as specified against each of the categories in Appendix IV; (G.O.Ms.No. 284, G.A. (Ser.C) Dept., dt. 7-7-1997).
Provided also as that the Superintendent, Forest School, Yellandu, Forest Utilisation Officer, State Sylviculturist, Working Plans Officer or District Forest Officer concerned, as the case may be or any authority to which it is subordinate may impose the penally specified in clause (ii) of rule 10 on Government servants mentioned in sub-clause (a) thereof;
Provided also that the authority specified as competent to impose the penalty of suspension under clause (v), of rule 9 in Appendix-IV, as the case may he or any authority to which it is sub-ordinate may impose the penally specified in clause (ii) of rule 10 on Government servants mentioned in sub-clause (b) thereof;
Provided also that the Additional Director of Fire Service or the Regional Fire Officer concerned. as the case may he. ur any authority to which it is subordinate may impose the penalty specified in clause (ii) of rule 10 on Government servants 111entiuned in sub-clause (c) thereof.
Power of appointing autho1·ity etc. to suspend members of State and Subordinate Services. (15) Notwithstanding anything in these rules, the appointing authority or any authority to which it is subordinate including Government may also place under suspension under rule 8, any member of a Service to whom these rules apply.
Disciplinary authority in case of promotion or transfer of a member of a Service and on reversion or reduction there from :
(16)
(1) Where, on promotion or transfer, a member of a
Service in a class, category or grade is holding an appointment in another
class category or grade thereof or in another Service State or Subordinate no
penalty, shall be imposed upon him in respect of his work or conduct before
such promotion or transfer except by authority competent to impose the penalty
upon a member of the Service in the latter class, category, grade or Service,
as the case may be. This provision shall apply also to cases of transfer or
promotion of a person from a post under the jurisdiction of one authority to
that of another authority within the same class, category or grade; Provided
that the authority which may impose any of the penalties on a member of the
Andhra Pradesh Police Subordinate Service or the Andhra Pradesh Special Armed
Police Service or the Deputy Superintendent of Police or Assistant Commissioner
of Police in category 2 and the Inspector of Police in category 4 of the Andhra
Pradesh Police Service in cases not involving promotion or appointment by
transfer, shall be the competent authority having jurisdiction over such member
at the time of commission of such act or omission, as the case may be or any
authority to which it is subordinate; Provided further that in case of a member
of the Andhra Pradesh Police Subordinate Service or the Andhra Pradesh Special
Armed Police Service an Officer superior to the competent authority may, for
reasons to be recorded in writing, transfer a record of enquiry in a
disciplinary case from the competent authority to any other authority holding
the same rank for disposal.
(2) Where a person has been reverted or reduced from a State Service to a Subordinate Service, or from one Service to another or from one class, category or grade or a Service to another class, category or grade thereof, no penalty shall he imposed upon him in respect or his work or conduct while he was a member of the Service, class. category or grade, as the case may he. from which he was reverted or reduced. except by an authority competent to impose the penalty upon a member of such service. class, category or grade.
Special Provision in respect of Police Officials employed in Anti-Corruption Bureau, Vigilance and Enforcement Department and Lokayukta and Upa- , Lokayukta
(17) No member of the Andhra Pradesh Police Subordinate Service or an Inspector of Police employed in the Anti-Corruption Bureau, the Department of Vigilance and Enforcement, General Administration Department or under the Lokayukta and Upa-Lokayukta shall be compulsorily retired, removed or dismissed from service during the period of his employment in the Anti-Corruption Bureau, the Department of Vigilance and Enforcement, General Administration Department or under the Lokayukta and Upa-Lokayukta or for a period of three years, from the date on which he ceased to be employed therein, without the previous sanction of the State Government; . Provided that. the previous sanction of the State Government shall not be necessary for compulsory retirement, removal or dismissal of a member of the Service, or an Inspector of Police employed in the Anti-Corruption Bureau, the Department of Vigilance and Enforcement, General Administration Department, or under the Lokayukta and Upa-Lokayaukta, for any act done by him prior to his employment therein.
Lower authority not to reopen case: higher authority can exercise power:
(18)
(1) Where in any case a higher authority has imposed or
declined to impose a penalty under rule 11, 12 or 14 a lower authority shall
have no jurisdiction to proceed under these rules in respect of the same case.
(2) Where in any case a lower authority has imposed a penalty or exonerated a member of a service, it shall not debar a higher authority from exercising his powers under these rules in respect of the same case. The order of such higher authority shall supersede any order passed by a lower authority in respect of the same case.
Authority to institute proceedings.
(19)
(1) The Government or any other authority empowered by it
by general or special order may-
(a) institute disciplinary proceedings against any
Government Servant;
(b) direct a disciplinary authority to institute
disciplinary proceedings against any government servant on whom that
disciplinary authority is competent to impose under these rules any of the
penalties specified in rule 9 or rule 10.
(2) A disciplinary authority competent under these rules to impose any of the penalties specified in clauses (i) to (v) of rule 9 or in rule 10 may institute disciplinary proceedings against any Government servant for the imposition of any of the penalties specified in clauses (vi) to (x) of rule 9 notwithstanding that such disciplinary authority is not competent under these rules to impose any of the latter penalties.
PART-V - PROCEDURE bOR IMPOSING PENALTIES
Procedure for imposing major penalties:
(20)
(1) No order imposing any of the penalties specified in
clauses (vi) to (x) of rule 9 shall be made except after an inquiry held, as
for as may he, in the manner provided in this rule and rule 2 I or in the
manner provided by the Public Servants (inquiries) Act, 1850 (Central Act 37 of
I 850) or the Andhra Pradesh Civil Services (Disciplinary Proceedings Tribunal)
Act I 960 or the Andhra Pradesh Lokayukta and Upa Lokayukta Act 1983, where
such inquiry is held under the said Acts.
(2) Whenever the disciplinary authority is of the opinion
that there are grounds for inquiring into the truth of any imputation of
misconduct or misbehaviour against a Government servant, it may itself inquire
into, or appoint under this rule or under the provisions of the Public Servants
(Inquiries) Act, 1850 as the case may be an authority to inquire into the truth
thereof.
Explanation:- Where the
disciplinary authority itself holds the inquiry ,any reference in sub-rule (7)
to sub-rule (20) and in sub-rule (22) to the inquiring authority shall be
construed as a reference to the disciplinary authority.
(3) Where it is proposed to hold an inquiry against a
Government servant under this rule and rule 21, the disciplinary authority and
who is subordinate to the appointing authority can draw up or cause to be drawn
up - (G.O. Ms.No. 33, G.A. (Ser.C) Dept., dt. 24-1-1998).
(i) the substance of the imputations of mis conduct or
misbehaviour into definite and distinct articles of charge:
(ii) a statement of the imputations of misconduct or
mishchavour in support of each article of charge which shall contain –
(a) a statement of al! relevant facts including any
admission or confession made by the Government servant;
(b) a list of documents by which, and a list of witnesses
by whom, the articles of charge are proposed to be sustained.
(4) The disciplinary authority shall deliver of cause to
be delivered to the Government servant a copy of the articles of charge, the
stat..:menl of the imputations of misconduct or misbehaviour and a list of
documents and witnesses hy which each article of charge is proposed to he
sustained a11cl shall require the Government servant to submit, within such
time as may be specified, a written statement of his defence and to state
whether he desires to be heard in person.
(5)
(a) On receipt of the written statement or defence the disciplinary
authority may itself inquire into such or the articles of charge as arc not
admitted, or, if it considers it necessary so lo do, appoint under sub-rule
(2), an inquiring authority for the purpose and where all the articles of
charge have been admitted by the Government servant in his written statement of
defence, the disciplinary authority shall record its findings on each charge
after taking such evidence as it may think fit and shall act in the manner laid
down in rule 21.
(b) If no written statement or defence is submitted by
the Government servant, the disciplinary authority may itself inquire into the
articles of charge or may, if it considers it necessary to do so, appoint under
sub-rule (2) an inquiring authority for the purpose.
(c) Where the disciplinary authority itself inquires into
any article of charge or appoints an inquiring authority for holding an inquiry
into such charge, it may, by an order, appoint a Government servant or a legal
Practitioner, to be known as the "Presenting Officer" to present on
its behalf the case in support of the articles of charge.
(6) The disciplinary authority shall where it is not the
inquiring authority, forward to the inquiring authority :-
(i) a copy of the articles of charge and the statement of
the imputations of misconduct or misbehaviour;
(ii) a copy of the written statement of defence, if any
submitted by the Government servant;
(iii) a copy of the statements of witnesses, if any
referred to in sub-rule (3);
(iv) evidence proving the delivery of the documents
referred to in sub-rule (3) to the Government servant; and
(v) a copy of the order appointing the "Presenting
Officer".
(7) The Government servant shall appear in person before
the inquiring authority on such day and at such time within fifteen working
days from the date of receipt by him of the articles of charge and the
statement of the imputations of misconduct or misbehaviour, as the inquiring
authority may, by a notice in writing, specify in this behalf or within such
further time, not exceeding fifteen days as the inquiring authority may allow.
(8)
(a) The Government servant may take the assistance of any
other Government servant to present the case on his behalf but may not engage a
legal practitioner for the purpose unless the Presenting Officer appointed by
the disciplinary authority is a legal practitioner, or the disciplinary
authority. having regard to the circumstances of the case so permits:
Provided that no member of service dealing in his
official capacity with the case of inquiry relating to the person charged shall
be permitted by the inquiry officer or by any officer to whom an appeal may be
preferred to appear on behalf of the person charged before the enquiry officer.
Provided further that the Government servant may take the
assistance of any other Government servant posted at any other station if the
inquiring authority having regard to the circumstances of the case and for
reasons to be recorded in writing, so permits.
Note - (1) The
Government servant shall not take the assistance of any other Government
servant who has pending two disciplinary cases on hand in which he has to give
assistance.
Note - (2) The
Government servant shall. not take the assistance of any other Government
servant who is dealing in his official capacity with the case of inquiry
relating to the Government Servant charged.
(b) The Government servant may also take the assistance
of a retired Government servant to present the case on his behalf, subject to
such conditions as may be specified by the Government from time to time by
general or special order in this behalf. (Further instructions issued vide Memo
No. 657 /Ser.C/94- 4 G.A. (Ser.C) Dept., dated 9-3-1995.
(9) If the Government servant who has not admitted any of
the articles of charge in his written statement of defence or has not submitted
any written statement of defence, appears before the inquiring authority, such
authority shall ask him whether he is guilty or has any defence to make and if
he pleads guilty to any of the articles of charge, the inquiring authority
shall record the plea, sign the record and obtain the signature of the
Government servant thereon.
(10) The inquiring authority shall return a finding of
guilty in respect of those articles of charge to which the Government servant
pleads guilty.
(11) The inquiring authority shall, if the Government
servant fails to appear within the specified time or refuses or omits to plead,
require the presenting Officer to produce the evidence by which he proposes to
prove the articles of charge, and shall adjourn the case to a later date not
exceeding thirty days after recording an order that the Government servant may,
for the purpose of preparing his defence
(i) inspect within five days of the order or within such
further time not exceeding five days as the inquiring authority may allow, the
documents specified in the list referred to in sub-rule (3);
(ii) Submit a list of
witnesses to he examined on his behalf.
Note - If the Government
servant applies orally or in writing for the supply of copies of the Statement
or witnesses mentioned in the list referred lo in sub-rule (3) the inquiring
authority shall furnish him with such copies as early as possible and in any
case not later than three days before the commencement of the examination of
the witnesses on behalf of the disciplinary authority. (iii) give a notice
within ten days of the order or within such further time not exceeding ten days
as the inquiring authority may allow for the discovery or production of any documents
which arc in the possession of Government but not mentioned in the list
referred to in sub-rule (3).
Note - The Government
servant shall indicate the relevance of the documents required by him to be
discovered or produced by the Government.
(12) The inquiring authority shall, on receipt of the
notice for the discovery or production of documents, forward the same or copies
thereof to the authority in whose custody or possession the documents are kept,
with a requisition for the production of the documents by such date as may be
specified in such requisition.
Provided that the inquiring authority may, for reasons to
be recorded by it in writing, refuse to requisition such of the documents as
are, in its opinion, not relevant to the case.
(13) On receipt of the requisition referred to in
sub-rule (12), every authority having the custody or possession of the
requisitioned documents shall produce the same before the inquiring authority
and the requisitioning of the documents can be done either at the instance of
the Member of Service or by the inquiring authority Suo-moto.
Provided that if the authority having the custody or
possession or the requisitioned documents is satisfied for reasons to be
recorded by it in writing that the production or all or any or such documents
would be against the public interest of security of the State it shall inform
the inquiring authority accordingly and the inquiring authority shall on being
so informed communicate the information lo the Government, servant and withdraw
the requisition made by it for the production or discovery or such documents.
Provided further that if such documents arc not produced
as evidence and if they are sent only for the perusal of inquiring authority,
the inquiring authority shall have the power to take it to a higher authority
staling that on a perusal of a particular document it finds nothing in it lo
warrant claiming privilege.
(14) On the date fixed for the inquiry, the oral and documentary
evidence by which the articles or charge arc proposed to be proved shall be
produced by or on behalf of the disciplinary authority. The witnesses shall be
examined by or on behalf of the presenting Officer and may be cross-examined by
or on behalf or the Government servant. The Presenting Officer shall he
entitled lo re-examine the witnesses on any points on which they have been
cross-examined, but not on any new matter, without the leave of the inquiring
authority. The inquiring authority may also put such questions to the witnesses
as it thinks fit.
(15) If it shall appear necessary before the closure of
the case on behalf of the disciplinary authority the inquiring authority may,
in its discretion, allow the presenting Officer to produce evidence not
included in the list given to the Government servant or may itself call for new
evidence or recall and re-examine any witness and in such case the Government
servant shall be entitled to have, if he demands it a copy of the list of
further evidence proposed to be produced and an adjournment of the inquiry for
three clear days before the production of such new evidence, exclusive of the
day of adjournment and the day to which the inquiry is adjourned. The inquiring
authority shall give the Government servant an opportunity of inspecting such
documents before they are taken on the record. The inquiring authority may also
allow the Government servant to produce new evidence, if it is of the opinion
that the production of such evidence is necessary in the interest of justice.
Note - New evidence shall
not be permitted or called for or any witness shall not be recalled to fill up
any gap in the evidence. Such evidence may be called for only when there is an
inherent lacune or defect in the evidence which has been produced originally.
(16) When the case for the disciplinary authority is
closed, the Government servant shall be required to stale his defence, orally
or in writing as he may prefer, If the defence is made orally, it shall be recorded,
and the Government servant shall be required to sign the record. In either
case, a copy of the statement of defence shall be given lo the presenting
Officer, if any appointed.
(17) The evidence on behalf of the Government servant
shall then he produced. The Government servant may examine himself in his own
behalf if he so prefers. The witnesses produced by the Government servant shall
then be examined and shall be liable to cross-examination, re-examination and
examination by the inquiring authority according to the provisions applicable
to the witnesses for the disciplinary authority.
(18) The inquiring authority may. after the Government
servant closes his case, and shall, if the Government servant has not examined
himself, generally, question him on the circumstances appearing against him in
the evidence for the purpose of enabling the Government servant lo explain any
circumstances appearing in the evidence against him.
(19) The inquiring authority may after the· completion of
the production• or evidence. hear the presenting officer, if any appointed and
the Government servant. or permit them to file written briefs of their
respective cases if they so desire.
(20) If the Government servant to whom a copy of the
articles of charge has been delivered, does not submit the written statement or
defence on or before the date specified for the purpose or does not appear in
person before the inquiring authority or otherwise fails or refuses to comply
with the provisions of this rule, the inquiring authority may hold the inquiry
exparte.
(21)
(b) The disciplinary authority to which the records are
so forwarded may act on the evidence on the record or may if it is of the
opinion that further examination of any of the witnesses is necessary in the
interests of justice, recall the witnesses and examine cross-examine and
re-examine the witnesses and may impose on the Government servant such penalty
as it may deem fit in accordance with these rules.
(22) Whenever an inquiring authority, after having heard
and recorded the whole or any part of the evidence in an inquiry ceases to
Exercise jurisdiction therein, and is succeeded by another inquiring authority
which has and which exercises, such jurisdiction, the inquiring authority so succeeding
may act on the evidence so recorded by its predecessor, or partly recorded by
its predecessor, and partly recorded by itself : Provided that if the succeeding
inquiring authority is of the opinion that further examination of any of the
witnesses whose evidence has already been recorded is necessary in the interest
of justice, it may recall, examine, cross examine and re-examine any such
witnesses as herein before provided.
(23)
(i) After the conclusion of the inquiry, a report shall
be prepared, and it shall contain –
(a) the articles or charge and the statement of the
imputations of misconduct or misbehaviour;
(b) the defence of the Government servant in respect or
each article of charge;
(c) an assessment of the evidence in respect of each
article of charge;
(d) the findings on each article or charge and the
reasons therefore. To recommend penalty proposed to be imposed on the deliqucnt
officer keeping in view rule 9 of these rules. (G.O.Ms.No. 43, G.A. (Ser.C)
Dept., dt. I 0-2-1998).
Explanation - If in
the opinion of the inquiring authority the proceedings of the inquiry establish
any article of charge different from the original articles or the charge, it
may record its findings on such article of charge:
Provided that the findings on such article of charge
shall not be recorded unless the Government servant has either admitted the
facts on which such articles of charge is based or has had a reasonable
opportunity of defending himself against such article of charge.
(ii) The inquiring authority, where it is not itself the
disciplinary authority, shall forward to the disciplinary authority the records
of inquiry which shall include.
(a) the report prepared by it under clause (i);
(b) the written statement of defence, if any, submitted
by the Government servant;
(c) the oral and documentary evidence produced 111 the
course of the 1nqu1ry;
(d) written briefs, if any filed by the Presenting
Officer or the Government servant or both during the course or the inquiry; and
(e) the orders, if any, made by the disciplinary
authority and the inquiring authority in regard to the inquiry.
Explanation - It is not necessary to have an inquiry in the manner provided for in this rule or to hear in Person in the case of reduction of rank in seniority (A and B lists) of Constables fit for promotion as Head Constables in the Andhra Pradesh Police Subordinate Service or Andhra Pradesh Special Armed Police Service.
Action on the inquiry report:
(21)
(1) The disciplinary authority, if it is not itself the inquiring
authority may, for rcaoson to be recorded by it in writing, remit the case to
the inquiring authority for further inquiry and report and the inquiring
authority shall thereupon proceed to hold the further inquiry according to the provisions
of rule 20 as far as may he.
(2) The disciplinary authority shall, if it disagrees
with the findings of the inquiring authority on any article of charge, record
its reasons for such disagreement and record its own findings on such charge if
the evidence on record is sufficient for the purpose
(3) If the disciplinary authority having regard to its
findings on all or any of the articles of charge is of the opinion that any of
the penalties specified in clauses (i) to (v) of rule 9 and in rule 10 should
be imposed on the Government servant, it shall notwithstanding anything
contained in rule 22, make an order imposing such penalty:
Provided that in every case where it is necessary to
consult the Commission the record of the enquiry shall be forwarded by the
disciplinary authority to the Commission for its advice and such advice shall
be taken into consideration before making any order imposing any penalty on the
govt. servant.
(4) If the disciplinary authority having regard to its
findings on all or any of the articles of charge and on the basis of the
evidence adduced during the inquiry, is of the opinion that any of the penalties
specified in clauses (vi) to (x) of rule 9 should be imposed on the Government
servant, it shall make an order after furnishing a copy of the report of the
inquiring .authority to the Government servant and after taking into
consideration any representation made by him thereto within a reasonable time ordinarily
not exceeding one month. It shall not be necessary to give the Government
servant any opportunity of making representation on the penalty proposed to be
imposed:
Provided that in every case where it is necessary to consult the Commission, the record of the inquiry shall be forwarded by the disciplinary authority to the Commission for its advice and such advice shall be taken into consideration before making an order imposing any such penalty on the Government servant.
22. Procedure for imposing minor penalties
(1) Subject to the provisions of sub-rule (3) of rule 21,
no order imposing on a Government servant any of the penalties specified i11
clauses (i) to (v) of rule 9 and in rule IO shall he made except after –
(a) informing the Government servant in writing or the
proposal to take action against him and of the imputations of misconduct or
misbehaviour on which it is proposed to be taken and giving him a reasonable
opportunity of making such representation as he may wish to make against the
proposal;
(b) holding an inquiry in the manner laid down in
sub-rule (3) to (23) of rule 20 in every case in which the disciplinary
authority is of the opinion that such inquiry is necessary.
(c) taking the representation, if any submitted by the
Government servant under clause (a) and the record of inquiry if any held under
clause (b) into consideration.
(d) recording a finding on each imputation of misconduct
or misbehaviour. and
(e) consulting the Commission where such consultation is
necessary.
(2) Notwithstanding anything contained in clause (b) of
sub-rule (1), if in a case it is proposed, after considering the
representation, if any, made by the Government servant under clause (a) of that
sub-rule, to withold increments of pay and such withholding of increments is
likely to affect adversely the amount of pension payable to the government
servant or to withhold increments of pay for a period exceeding three years an
inquiry shall be held in the manner laid down in subrules (3) to (23) of rule
20, before making any order imposing on the Government servant any such
penalty.
(3) The record of the proceedings in such cases shall
include
(i) a copy of the intimation to the Government servant of
the proposal to take action against him;
(ii) a copy of the statement of imputations of misconduct
or misbehaviour delivered to him;
(iii) his representation if any;
(iv) the evidence produced during the inquiry, if any;
(v) the advice of the Commission, if any;
(vi) the findings on each imputation of misconduct or
misbehaviour; and
(vii) the orders on the case together with the reasons, therefore.
23. Communication of orders:
Orders made by the disciplinary authority shall be communicated to the Government servant who shall also he supplied with a copy of the report of the inquiry, ii any, held by the disciplinary authority and a copy of its findings on each article of charge, or, 'where the disciplinary authority is not the inquiring authority a copy of the report of the inquiring authority and a statement of the findings of the disciplinary authority together with brief reasons for its disagreement, if any with the findings or the inquiring authority (unless they have already been supplied to him) and also a copy or the advice, if any, given by the Commission and, where the disciplinary authority has not accepted the advice of the Commission, a brief statement of the reasons for such non-acceptance.
Common proceedings:
(24)
(1) Where two or more Government servants or the same
service or different services are concerned in any case the Government or any
other authority competent to impose the penalty of dismissal from service on
all such Government servants may make an order directing that disciplinary
action against all of them may be taken in a common proceedings Provided that
if the authorities competent to impose the penalty of dismissal on such
Government servants are different, such authorities not being the Government,
an order for holding such inquiry in a common proceeding may be made by the
highest of such authorities with the consent of the other authorities competent
to impose the said penalty on the others.
(2) Subject to the other provisions of these rules, every
such order shall specify:
(i) the authority which may function as the disciplinary
authority for the purpose of such common proceeding;
(ii) the penalties specified in rule 9 and rule 10 which
such disciplinary authority shall be competent to impose;
(iii) whether the procedure laid down in rule 20 and rule 21 or rule 22 shall be followed in the proceeding.
Special procedure in certain cases :
(25) Notwithstanding
anything contained in rule 20 to rule 24 –
(i) where any penalty is imposed on a Government servant
on the ground of conduct which has led to his conviction on a criminal charge,
or
(ii) where the disciplinary authority is satisfied for
reasons to be recorded by it in writing that it is not reasonably practicable
to hold an inquiry in the manner provided in these rules, or
(iii) where the Governor is satisfied that in the
interest of the security of the State it is not expedient to hold any inquiry
in the manner provided in these rules, the disciplinary authority may consider
the circumstances of the case and make such orders there on as it deems fit
Second proviso deleted - G.O. Rt. No. 6421, G.A. (Ser.C) Dept., dt. 29-12- 1993.
Provided that the Commission shall be consulted, where such consultation is necesssary, before any orders are made in any case under this rule.
Waiver of procedure in certain cases:
(26)
(1) All or any of the provisions of rules 20 to 24 may,
in exceptional cases and for special and sufficient reasons to be recorded by
the disciplinary authority in writing, be waived where there is a difficulty in
observing fully the requirements of these rules and those requirements can be
waived without causing any in-justice to the Government servant charged.
(2) If, in respect of any Government servant charged, a question arises whether it is reasonably practicable to hold such inquiry or give such opportunity as is referred to in rules 20 to 24 the decision thereon of the disciplinary authority competent to impose any of the penalties specified in clauses (vii) to (x) of rule 9 on the Government servant concerned shall be final.
Action on report of Lokayukta and up-Lokayukta
(27) Notwithstanding anything contained in rule, 20, or rule, 22, 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 contained in a report mentioned in sub-section (1) 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:
Provided that the disciplinary authority for the purpose of this rule shall be the authority prescribed under clause (c) of section 2 of the Lokayukta and upa-Lokayukta Act, 1983 or the authority competent under the Rules, Whichever authority is higher.
Rules not to affect provisions relating to Andhra Pradesh Survey and Land Records Subordinate Service
(28) Nothing
in these rules shall affect the rule or regulation or the pay of the members of
the Andhra Pradesh Survey and Land Records Subordinate Service in the following
categories according to their monthly out turn of work:
Class I
Category : 3
Town Surveyor, Panchayat Surveyor
Category : 4
Deputy Surveyor, Taluk Surveyor
Category : 5
Field Surveyor
Class II
Category : 7
Junior Computor
Category : 8
Junior Draftsmen
Rules not to affect provisions in Andhra Pradesh Stationery Manual
(29) Nothing in these rules shall affect the operation of the instructions contained in the Andhra Pradesh Stationery manual, Volume I relating to the recovery from the pay of warehousemen, packers in the office of the Director of Stationery of the value of the short receipts reported by the indenting Officers.
Provisions regarding officers lent to Government of India etc.
(30)
(1) Where the services of a Government
servants are lent by one department to another department or to the Government
of India or the government of another State (hereinafter in this rule referred
to as "the borrowing authority") the borrowing authority shall have
the powers of the appointing authority for the purpose of placing such
Government servant under suspension and of the disciplinary authority for the
purpose of conducting a disciplinary proceeding against him:
Provided that the borrowing authority shall forthwith inform the authority, which lent the services of the Government servant (hereinafter in this rule referred to as "the lending authority") of the circumstances leading to the order of suspension of such Government servant or the commencement or the disciplinary proceeding as the case may be.
(2) In the light of the findings in the
disciplinary proceedings conducted against the Government servant:
(i) if the borrowing authority is or the opinion that any
or the penalties specified in clauses (i) to (v) of rule 9 or in rule 10 should
be imposed on the Government servant, it may, after consultation with the
lending authority, unless in any case it is otherwise provided by specific
orders ur the Govcrnmcnt make such orcdcrs on the case as it deems necessary:
Provided that in the event of a difference of opinion
between the borrowing authority and the lending authority, the services of the
Government servant shall be rcplacccd at the disposal of the lending authority.
(ii) if the borrowing authority is of the opinion that
any of the penalties specified in clauses (vi) to (x) of rule 9 shoulcJ be
imposed on Government servant it shall replace his services at the disposal of
the lending authority and transmit to it the proceedings of the inquiry and
thereupon the lcnding authority may, if it is the disciplinary authority pass
such orders thereon as it may deem necessary or if it is not the disciplinary
authority submit the case to the disciplinary authority which shall pass such
orders on the case as it may deem necessary;
Provided that before passing any such order, the
disciplinary authority shall comply with the provisions of sub-rules (3) and
(4) of rule 21;
Explanation: The
disciplinary authority may make an order under this clause on the record of the
inquiry transmitted to it by the borrowing authority or after holding such
further inquiry as it may deem necessary as far as may be, in accordance with
rule 20;
Provided further that the provisions in clauses (i) and (ii) requiring the replacement of the services of the Government servant at the disposal of the lending authority shall not apply where the Government servant has been lent by one department to another and both the departments are under the same administrative authority.
(3) For the purpose of this rule, an Assistant or Assistant section Officer of the Secretariat or an Assistant or a Senior Asst., of the Office of the Commissioner for land & Revenue deputed for training as Revenue Inspector, in the Andhra Pradesh Ministerial services or a section officer of the secretariat or a superintendent of the office of the Commissioner for land Revenue deputed for training as Manda! Revenue Officers in the district shall be deemed to be a Government servant lent.
(4)
(i) Where the harrowing authority is a company or corporation
or organisation or local or other authority, such borrowing authority may
subject to such a srccific conditions or limitations if any, that may be made
in the terms of deputation suspend the Government servant or impose on him any
of the penalties specified in clauses (i) to (iv) of rule 9 or clause (i) of
rule JO, except where Government arc the authority competent to suspend or
impose the said penalties.
Provided that the borrowing authority shall intimate the
fact of placing. the government Servant under suspension or imposing on him the
penalty as the case may be to the lending authority and in the event of a
difference of opinion between the borrowing authority and the lending
authority, the services of the Government servant shall be replaced at the
disposal of the lending authority.
(ii) If the borrowing authority is of the opinion that
any of the penalties specified in clauses (vi) to (x) of rule 9 or clause (ii)
of rule 10 should be imposed on the Government servant, it shall replace his
services at the disposal of the lending authority and transmit to it the record
of the proceedings and thereupon the lending authority may, if it is the
disciplinary authority, pass such orders thereon as it may deem necessary, or,
if it is not the disciplinary authority submit the case to the disciplinary
authority which shall pass such orders on the case as it may deem necessary.
Provided that before passing any such order, the
disciplinary authority shall comply with the provisions of sub-rules (3) and
(4) of rule 21.
(iii) Where a Government servant whose services are placed at the disposal of any company, corporation, organisation, or a local or other authority has at any time before his services were so placed, committed, any act or omission which renders him liable to any penalty specified in rule 9 or rule 10, the authority competent to impose any such penalty on such Government servant shall alone be competent to institute disciplinary proceeding against him and to impose on him such penalty specified in rule 9 or rule l O as it thinks fit and the borrowing authority under whom he is serving at the time of the institution of such proceeding, shall be bound to render all reasonable facilities to such competent authority instituting and conducting such proceeding.
Provisions regarding Officers borrowed from Government of India etc.
(31)
(1) where an order of suspension is made or a disciplinary proceedings is conducted against a Government servant whose services have been borrowed by one department from another department or from the Government of India or the Government of another state or a company or corporation or organisation or local or other authority, the authority lending the services (hereinafter in this rule referred to as "the lending authority") shall forthwith be informed of the circumstances leading to the order of the suspension of the government servant or of the commencement of the disciplinary proceedings. as the case may be.
(2) in the light of the findings in the disciplinary proceeding conducted against the Government Servant.
(i) if the disciplinary authority is of the opinion that
any of the penalties specified in clauses (i) to (v) of rule 9 or in rule 10
should be imposed on him, it may, subject to the provisions of sub-rule (3) of
rule 21 and after consultation with the lending authority pass such orders on
the case as it may deem necessary.
Provided that in the event or a difference of opinion
between the borrowing authority and the lending authority the services of the
Government servant shall be rcpalccd at the disposal of the lending authority.
(ii) if the disciplinary authority is of the opinion that any of the penalties specified in clauses (vi) lo (x) of rule 9 should be imposed on the government servant, it shall replace the services of such government servant at the disposal of the lending authority and transmit to it the proceedings of the inquiry for such action as it may deem necessary.
PART VI · APPEALS
Orders Against which no appeal lies.
(32) Notwithstanding anything contained in this part no appeal shall lie against;
(i) any order made by the Governor
(ii) any order of an interlocutory nature or of the
nature of a step in aid of the final disposal of a disciplinary proceeding
other than an order of suspension;
(iii) any order passed by an inquiring authority in the course of an inquiry under rule 20.
Orders against which appeal lies
(33)
(1) Subject to the provisions of rule 32 a Government servant may prefer an appeal, as herein after provided against all or any of the following orders namely:
(i) an order of suspension made or deemed to have been
made under rule 8· ,
(ii) an order imposing any of the penalties specified in
rule 9 or rule 10 whether made by the disciplinary authority or by an appelate
or revising authority.
(iii) an order enhancing any penalty imposed under rule 9
or rule 10;
(iv) an order discharging him in accordance with the
terms of his contract if he has been engaged on a contract for a fixed or for
an indefinite period and has rendered under either form of contract, continuous
service for a period exceeding five years at the time when his services arc so
discharged; and
(v) an order reducing or withholding the maximum pension, including an additional pension, admissible lo him under the rules governing pension.
(2) Subject to the provisions ol rule 32. a member or a subordinate service 111ay. a herein after provided. pTel'cr an appeal against an order passed by authority subordinate to the Government
(i) varying to his disadvantage his conditions or
service. pay, allowances or pension as regulated in rules or in a contract of service
and
(ii) interpreting to his disadvantage the provisions of any rules or contract or service whereby his conditions of service, pay, allowances or pension arc regulated.
Explanation: In this rule, the expressions 'Government servant' and 'member or a subordinate service include a person who has ceased to be in Government service.
Appellate authorities:
(34)
(1) A Government servant, including a person who has ceased to be in Government service, may prefer an appeal against all or any of the orders specified in rule 33 to the authorities as follows:
(i) An appeal from an order passed by the High court
shall lie to the Governor.
(ii) An appeal from an order imposing on a member of a
state service any of the penalties specified in rule 9 or placing such member
under suspension under rule 8 passed by the Head of the Department shall lie to
the Government and an appeal from an order passed by a lower authority shall
lie to the Head of the Department:
Provided that an appeal from an order imposing the
penalties specified in clauses (i) to (v) of rule 9 on all types of Inspectors
of police by the Superintendent of a police or an officer of the corresponding
rank shall lie to the special Inspector General of Police (Law and Order).
(iii) An appeal from an order imposing on a member of a
subordinate service any of the penalties specified in rule 9 or rule 10 or
placing such member under suspension under rule 8 passed by any authority lower
than the Government shall lie to the next higher authority to whom the former
authority is administratively subordinate:
Provided that in respect of the members of subordinate
services working in the Habitual offenders’ settlements in the police
Department. the appellate authority shall be the Superintendent of Police
concerned in respect of orders pascd by the
Manager of the settlement
Provided further that in the case of a member of the
Andhra Pradesh police subordinate service or the Andhra Pradesh Special Armed
Police Service, the appellate authority shall be as specified against each of
the categories in appendix IV;
(G.0.Ms No. 284 G.A. (Ser.C) Dept., dt. 7-7-1997).
Provided also that in the case of a memher of the Andhra
Pradesh police subordinate service or the Andhra Pradesh Special Armed Police
service, an officer Superior to the competent authority may. for reasons to be
recorded in writing, transfer an appeal from the competent authority to any
other authority holding the same rank for disposal.
(iv) An appeal against an order referred to in suh-rule (2) of rule 33 shall lie lo the Government.
(2) Notwithstanding anything contained in sub-rule (1) –
(i) an appeal against an order in a common proceeding
held under rule 24 shall lie to the authority to which the authority
functioning as the disciplinary authority for the purpose of that proceeding is
immediately subordinate;
(ii) where the person who made the order appealed against becomes by virtue of his subsequent appointment or otherwise the appellate authority in respect of such order, an appeal against such order shall lie to the authority to which such person is immediately subordinate and if there is no such authority by an authority appointed by the Government.
Period of limitation for appeals:
(35) No appeal preferred under these rules shall be entertained unless such appeal is preferred within a period of three months from the date on which a copy of the order appealed against is delivered to the appellant;
Proviso deleted. (G.O.Ms.No. 64 GA (Ser.C.) Dept., dt. 27-2-I 998).
Form and contents of appeals :
(36)
(1) every person preferring an appeal shall do so separately and in his own name.
(2) the appeal shall contain all material statements and arguments relied on by the appellant and shall be complete in itself and shall not contain any disrespectful or improper language. It shall be presented to the authority to whom the appeal lies, a copy being forwarded by the appellant to the authority which made the order appealed against.
(3) The authority which made the order appealed against shall, on receipt of a copy of the appeal. forward the same with its comments thereon together with the relevant records to the appellate authority without any avoidable delay and without waiting for any direction from the appellate authority.
Consideration of Appeal:
(37)
(1) in the case of an appeal against an order of suspension, the appellate authority shall consider whether in the light of the provisions of rule 8 and having regard to the circumstances of the case, the order of suspension is justified or not and confirm or revoke the order accordingly.
2) In the case of an appeal against an order
imposing any of the penalities specified in rule 9 or 10 or enhancing any
penalty imposed under the said rules the appellate authority shall consider;
(a) whether the procedure laid down in these rules has
been complied with and if not, whether such non-compliance has resulted in the
violation of any provisions of the Constitution of India or in the failure of
justice;
(b) whether the findings of the disciplinary authority
are warranted by the evidence on the record; and
(c) whether the penalty or the enhanced penalty imposed
is adequate, inadequate or severe and pass orders
(i) confirming, enhancing, reducing or setting aside the
Penalty; or
(ii) remitting the case to the authority which/ imposed or enhanced the penalty or to any other authority with such direction as it may deem fit in the circumstances of the case:
Provided that
(i) the Commission shall be consulted in all cases where
such consultation 1s necessary;
(ii) if the enhanced penalty which the appellate
authority proposed to impose is one of the penalties specified in clauses (vi)
to (x) of rule 9 and an inquiry under rule 20 has not already been held in the
case, the appellate authority shall, subject to the provisions of rule 25,
itself hold such inquiry or direct that such inquiry be held in accordance with
the provisions of rule 20 and, thereafter, on consideration of the proceedings
of such inquiry, make such orders as it may deem fit;
(iii) if the enhanced penalty which the appellate
authority proposes to impose is one of the penalties specified in clauses (vi)
to (x) of rule 9 and an inquiry under rule 20 has already been held in the
case, the the appellate author- 11y shall make such orders as it may deem fit;
(iv) Subject to the provisions of rule 25, the appellate
authority shall –
(a) Where the enhanced penalty which the appellate
authority proposes to impose, is the one specified in clause (iv) of rule 9 and
falls within the scope or 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: and
(v) no order imposing an enhanced penalty shall be made in any other case unless the appellant has been given a reasonable opportunity, as far as may be in accordance with the provisions of rule 22, of making a representation against such enhanced penalty.
(3) In an appeal against any other order specified in rule 33 the appellate authority shall consider all the circumstances of the case and make such orders as it may deem just and equitable.
Review of original order's passed by Government, in lieu of appeal
(38)
(a) Every member of a State Service, or a member of a Subordinate Service in whose case the Government have passed original orders, shall not be entitled to appeal but shall be entitled to make separately and in his own name, within a period of three months from the date on which the order was communicated to him, a petition to the Government for review of the order passed by them 011 any of the following grounds, namely
(i) That the order against which the petition for review
is made was not passed by the competent authority;
(ii) that a reasonable opportunity was not given to the
petitioner for defending himself;
(iii) that the punishment is excessive or unjust
(iv) that the petitioner has made a discovery of new
matter or evidence which he proves to the satisfaction of the Government, was
not within his knowledge or could not be adduced by him before the order
imposing the penalty was passed; and
(v) that there is an evident error or ommission in the order such as failure to apply the law of limitation or an error or procedure apparent on the face of record.
(b) Any petition for review which docs not satisfy any of the above grounds shall be summarily rejected.
(c) The Government shall pass such order as they think proper in rcsre<.:t of any petition for review that has been admitted under this rule. Implementation of orders in appeal.
(39) The authority which made the order appealed against shall give effect to the orders passed by the appellate authority.
Revision
(40)
(1) Notwithstanding anything contained in these rules –
(i) The Government, or
(ii) the head of the department, directly under the
Government, in the case of a Government servant serving in a department or
office under the control of such head of department or departments, or
(iii) the appellate authority, (G.0.Ms.No. 64 (Ser.C) Dept.,
dt. 27-2-1998). 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 exercise the power within six months only when new facts of the case have been brought to light subsequent to issue of final orders issued by the original disciplinary authority and revise any order made under these rules or under the rules repealed by the rule 45 after consultation with the Commission where such consultation is necessary, and (G.O.Ms.No. 64, GA (Ser.C) Dept., dt. 27-2-1998).
(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. or
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 111adc 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 11 is proposed to impose any of the major
renalities, 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 further that subject to the provisions of rule
25, the revising authority shall –
(a) where the enhanced penalty which the revising
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 enquiry 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 commenced until after
(i) the expiry of the period of limitation for an appeal,
or
(ii) the disposal of the appeal, where any such appeal has been prefe1Ted.
(3) An application for revision shall l;ie dealt with in the same manner as if it were an appeal under these rules.
Review:
(41) The Government may, exercise the power to review any order passed under these rules only on the reference made by the Head of Department. when any new material or evidence which could not be produced or was not available at the time of passing the order under review and which has the effect of changing the nature of the case, has come, or has been brought, to its notice; (G.O.Ms.No. GA (Ser.C) Dept., dt. 27-2-1998).
Provided that no order imposing or enhancing any penalty shall be made by the Government unless the Government servant concerned has been given a reasonable opportunity or making a representation against the penalty proposed or 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 reviewed lo any or 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 further that the Government shall exercise the power of review within a period of three years. (G.O.Ms.No. 408, G.A. (Ser.C) Dept., dt. 20-9-1996).
PART VIII - MISCELLANEOUS
Service of orders, notices etc.
(42) Every order, notice and other process made or issued under these rules shall
(i) if he is on duty, be served on the Government servant
by delivering or tendering it in person;
(ii) if he is on leave or under suspension or, otherwise
absent be communicated to him by registered post to the address given by him,
if any, or of his usual place of residence;
(iii) if it cannot be so served or communicated, be published in the Andhra Pradesh Gazette.
Power to relax time limit and to condone delay
(43) Save as otherwise expressly provided in these rules, the authority competent under these rules lo make any order may, for good and sufficient reasons or if sufficient cause is shown, extend the time specified in these rules for anything required to be done under the rules or condone any delay.
Supply of copy of Commission's advice
(44) Whenever the Commission is consulted as provided in these rules, a copy of the advice by the commission and, where such advice has not been accepted also a brief statement of the reasons for such non-acceptance, shall be furnished lo the Government servant concerned along with a copy of the order passed in the case, by the authority making the order.
Repeal and Saving
(45)
(1) The Andhra Pradesh Civil Services (Classificati6n,
Control and Appeal) Rules, 1963, issued in G.O.Ms.No. 1376, General
Administration (Rules) Department, elated the 28th November, 1963,
in o far as they relate to the services ·' specified in
these rules, are hereby repealed:
Provided that –
(a) such repeal shall not affect the previous operation
to the said rules, or any notification or order made, or anything done, or any
action taken, there under:
(b) any proceedings under the said rules, pending at the
commencement of these rules shall be continued and disposed of as far as may
be, in accordance with the provisions of these rules, as if such proceedings
were proceedings under these rules.
(2) Nothing in these rules shall operate to deprive any
person of any right of appeal, which he would have had if these rules had not
been made, in respect of any order passed before the commencement of these
rules. An appeal pending at the time when or preferred after these rules came
into force shall be deemed to be an appeal under these rules, and rule 37 shall
apply as if the appeal were against an order appealable under these rules.
(3) As from the commencement of these rules any appeal or application for revision or review against any orders made before such commencement shall be preferred or made under these rules, as if such orders were made under these rules: Provided that nothing in these rules shall be construed as reducing any period of limitation for any appeal, revision or review provided by any rule in force before the commencement of these rules.
Removal of Doubts
(46) If any doubt arises as to the interpretation of any of the provisions of these rules, the matter shall be referred to the Government, whose decision shall be final.
