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(A.P. Gazette, Part .Ext., No:235, Dt:01-07-1992)

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and of all other powers hereunto enabling, the Governor of Andhra Pradesh hereby makes the following rules, in supersession of the A. P. Civil Services (Classification, Control and Appeal) Rules, 1963 issued in G.O. Ms. No. 1376, G.A. (Rules) Dept., dated the 28th November,1963.

PART-I: GENERAL

Rule 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 on and after the expiration of three months from the date of publication of these rules in the Andhra Pradesh Gazette. (with effect from 01-10-92).

Rule 2. Interpretation :-

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 proceedings; 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 to impose on a Government Servant any of the penalties specified in Rule 9 or Rule10;

(d) 'Government' means the Government of Andhra Pradesh;

(e) 'Government Servant' means a person who-

(i) is a member of a Civil Service of the State or holds a post in connection with the affairs of the State, whether temporary or permanent, appointed thereto before, on or after the date specified in Rule I and includes such Government Servant whose services are temporarily placed at the disposal of the Government of India, the Government of another State, or a Company, Corporation or Organisation owned or controlled by Government, or a local or other authority, notwithstanding that his salary is drawn from sources other than the Consolidated Fund of the State;

(ii) is a member of a Civil Service of, or holds a Civil post under the Government of India or the Government of another State and whose services are temporarily placed at the disposal of the
Government;

(iii) is in the service of a local or other authority and whose services are temporarily placed at the disposal of the Government.

(f) 'Governor' means Governor of Andhra Pradesh;

(g) 'major penalty' means any of the penalties specified in clauses [(iv) to (x)] (both inclusive) of Rule 9 - G.O.Ms. No. 205, G.A.D.. 5-6-1998.

(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.

Rule 3. Application :-

(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 or more services is the Service to which such person belongs, the matter shall be referred to the Government whose decision shall be final.

Rule 4. Power to exclude from operation :-

Notwithstanding anything in Rule 3, the Governor may, by notification published in the Andhra Pradesh Gazette, exclude, wholly or in part, from the operation of these rules, the holder of any post or, the holders of any class of posts, in respect of whom the Governor decides that the rules cannot suitably be applied and these rules shall, thereupon to the extent of such exclusion, cease to apply to them accordingly.

PART-II: CLASSIFICATION

Rule 5. Classification of Services :-

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 of the Civil Service of the State and every person holding a civil post under the State whose services are placed at the disposal of any company, corporation, organisation or local authority by the Government or by any competent authority shall, for the purposes of 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.

Rule 6. Constitution of State Services :-

The State Services shall consist of the services specified in Schedule-I to these rules and includes any other services that may be notified or as the case may be constituted by Government from time to time. (Subs. by G.O.Ms. No. 516, G.A.D., 16-12-1999)

Rule 7. Constitution of Subordinate Services :-

The Subordinate Services shall consist of the services specified in Schedule-II to these rules and include any other services that may be notified or as the case may be constituted by Government from time to time. [Subs. by G.O.Ms. No. 516, G.A.D., 16-12-1999].

PART-III: SUSPENSION

Rule 8. Suspension :-

(1) A member of a Service may be placed under suspension from service-

(a) where a disciplinary proceeding against him is contemplated or is 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

*[x x x x] (omitted by G.O.Ms.No. 417, G.A.D., Dt. 24-8-1994)

[(d) A member of a service may be placed under suspension from service even if the offence for which he was charged does not have bearing on the discharge of his official duties.] (G.O.Ms. No. 27, G.A.D., Dt. 24-01-2002]

(2) A Government servant shall be deemed to have been placed under suspension by an order of the authority competent to place him under suspension-

(a) with effect from the date of his detention, if he is detained in custody, whether on a criminal charge or otherwise for a period exceeding forty-eight hours;

(b) with effect from the date of his conviction if, in the event of a conviction for an offence, he is 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.

(c) the order of suspension ceases to be operative as soon as the criminal proceedings, on the basis of which the Government servant was arrested and released on bail, are terminated. (G.O.Ms. No. 27, G.A.D., Dt. 24-01-2002)

(3) Where a penalty of dismissal, removal or compulsory retirement from 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 rendered 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 circumstances of the case, decides to hold a further inquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed,the Government servant shall be deemed to have been placed under suspension by the authority competent to impose the suspension from the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders:

Provided that no such further inquiry shall be ordered unless it is intended to meet a situation where the Court has passed an order purely on technical grounds without going into the merits of the case.

(5)

(a) An order of suspension made or deemed to have been made under this rule shall continue to remain in force until it is modified or revoked by the authority which made or is deemed to have made the order or by an authority to which that authority is subordinate.

(b) Where a Government servant 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 against him during the continuance of that suspension, the authority competent to place him under suspension may, for reasons to be recorded by him in writing, direct that the Government servant shall continue to be under suspension until the termination of all or any of such proceedings.

(c) An order of suspension made or deemed to have been made under this rule may, at anytime, be modified or revoked by 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

Rule 9. Penalties :-

The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on a Government servant, namely-

Minor Penalties :

(i) censure;

(ii) withholding of promotion;

(iii) Omitted by G.O.Ms. No. 335, G.A.D., Dt. 04-08-2005

(iv) withholding of increments of pay without cumulative effect; - G.O.Ms. No. 205, G.A.D, 5-6-1998

(v)

(a) suspension, where a person has already been suspended under Rule-8 to the extent considered necessary;

(b) reduction to a lower stage in the time scale of pay for a period not exceeding three years, without cumulative effect and not adversely affecting his pension.(Clause (v) renumbered as (v) (a) and clause (b) - added by G.O.Ms. No. 373, G.A.D., Dt. 6-12-2003

Major Penalties

(vi) withholding of increments of pay with cumulative effect - G.O.Ms.No. 205, G.A.D., 5-6-1998 and earlier clauses (vi) to (ix) renumbered as (vii) to (x))

(vii)

(a) save as provided for in clause (v)(a), reduction to a lower stage in the time-scale of pay for a specified period, with further directions as to whether or not the Government servant will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction will or will not have the effect of postponing the future increments of his pay;

(b) reduction to lower time-scale of pay, grade, post or service which shall ordinarily be a bar to the promotion of the Government servant to the time-scale of pay, grade, post or service from which he was reduced, with or without further directions, regarding conditions of restoration to the grade or post or Service from which the Government servant was reduced and his seniority and pay on such restoration to that grade, post or service. (Subs. by G.O.Ms. No. 373, G.A.D., Dt. 6-12-2003)

(viii) compulsory retirement;

(ix) removal from service which shall not be a disqualification for future employment under the Government;

(x) dismissal from service which shall ordinarily be a disqualification for future employment under the Government:

[Provided that in all proved cases of misappropriation, bribery, bigamy, corruption, moral turpitude, forgery and outraging the modesty of women, the penalty of dismissal from service shall be imposed].[Subs. by G.O.Ms. No. 458, G.A.D., Dt. 22-09-2009]

Explanation:-The following shall not amount to a penalty within the meaning of this 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, after 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 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) stoppage or postponement of increment of a Government servant on account of extension of probation under Rule 26 in Part-II of the Andhra Pradesh State and Subordinate Services Rules;

(v) reversion of a Government Servant, appointed on probation to any other Service, grade or post, to his permanent Service, grade or post during or at the end of the period of probation in accordance with the terms of his appointment or the rules and orders governing such probation;

(vi) reversion of a Government Servant officiating in a higher service, grade or post to a lower service, grade or post, on the ground that he is considered to be unsuitable for such higher service, grade or post or on any administrative ground unconnected with his conduct;

(vii) withholding of increments 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 of the services of a Government servant appointed on probation, during or at the end 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 period of appointment;

(xi) compulsory retirement of a Government Servant in accordance with the provisions relating to his superannuation or retirement under sub-rules (2) and (2A) of Rule 3 of the Andhra Pradesh Liberalized Pension Rules, 1961 or under Rules 292, 293 and 293-A of the Hyderabad Civil Services Rules or under the Andhra Pradesh Government Servants Premature Retirement Rules, 1975 or under Article 465(2) or under Note 1 to Article 465-A of the Civil Services Regulations or in the case of members of the Civil Service of the erstwhile Hyderabad Government, compulsory retirement before completion of 30 years or 25 years of 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.

Rule 10. Other penalties :-

In addition to the penalties specified in Rule 9 and notwithstanding anything therein, the following penalties may for good and sufficient reasons and as hereinafter provided, be imposed, namely:-

(i) fine, on a member of the Andhra Pradesh Last Grade Service and on a person holding any of the 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-Mechanics, Firemen and equivalent ranks of the Andhra Pradesh Fire Subordinate Service:

Provided that the penalty may be imposed on Government Servants mentioned in sub-clauses (b) and (c) only if the penalty of reduction to a lower grade, post or time-scale or to a lower stage in the same time-scale cannot be imposed.

Rule 11. Disciplinary Authorities in respect of State Services :

(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: - Subs. by G.O.Ms. 205, G.A.D., 5-6-1998.

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 Tahsildars, 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 Tahsildars 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 mayimpose on Deputy Commercial Tax Officers the penalties of (a) censure, (b) withholding of increment for a period of three months without cumulative effect.

[(iv) (a) The Commissioner, Panchayat Raj and Rural Employment may impose the minor penalties as specified in clauses (i) to (v) of Rule 9, on Chief Executive Officers, Zilla Parishad, Deputy Chief Executive Officers, Zilla Parishad, District Panchayat Officers and Accounts Officers of Zilla Parishad.

(b) The Collector and District Magistrate may impose the minor penalties as specified in clauses (i) to (v) of Rule 9, on Mandal Parishad Development Officers, Divisional Panchayat Officers / Extension Officers (Panchayats), Extension Officers (Rural Development), Executive Officers (Gram Panchayat).] [Added by G.O.Ms. No. 382, G.A.D., Dt. 15-09-2001]

(3) The Principal Secretary to Government, the Second Secretary to Government, the Special Secretary to Government, the Secretary to Government and the Secretary to Governor may impose on Section officers working in their respective departments, any of the penalties specified in clauses (i) to (v) of Rule 9.

(3-A) The Principal Secretary to Government, the Second Secretary to Government, Special Secretary to Government, the Secretary to Government and the Secretary to Governor may impose on the Private Secretaries to the said Secretaries to Government working in their respective departments, any of the penalties specified in clauses (i) to (v) of Rule 9. [Added vide G.O. Ms. No. 199, G.A.D., 16-5-1997]

[(4)
(i) The District Treasury Officer may impose on Sub-Treasury Officer the penalties specified in clauses (i) to (iv) of Rule 9.

(ii) The Joint Directors/Regional Joint Directors, Treasuries and Accounts Department may impose on Assistant Treasury Officer/ Assistant Accounts Officer and District Treasury Officer / Accounts Officer/ Pension Payment Officer /Assistant Director ·ai:id. other Officers of equivalent cadre in Treasuries and Accounts Department the penalties specified in clause (i) of Rule 9.

(iii) The Director of Treasuries and Accounts Department may impose on Deputy Director/ Chief Accounts Officer and other Officers of equivalent cadre in Treasuries and Accounts Department the penalties specified in clauses (i) to (iv) of Rule 9].(GO.Ms. No. 335, G.A.D.,Dt. 26-10-1998)

(5) The Director of Local Fund Audit may impose on the Audit Officers of the Andhra Pradesh Local Fund Audit Service, the penalties specified in clauses (i) and (iv) 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.

(7) Omitted by O.O.Ms. No. 246, G.A.D., Dt. 13-6-1997

(8) The Director of Municipal Administration may impose on Municipal Commissioners of the Andhra Pradesh Municipal Commissioners Subordinate 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) and (iv) of Rule 9;

(11) The Director, Commerce and Export Promotion may impose on Assistant Directors and Section Officers in categories II and III of the Andhra Pradesh Central Stores Purchase Service, any of the penalties specified in clauses (i) to (iv) of Rule 9.

(12) The Commissioner of Labour may impose on Assistant Commission of Labour, any of the penalties specified in clauses (i), (ii) and (iv) of Rule 9.

(13) The Inspector-General of Registration and Stamps may impose on District Registrars (including Assistant Inspector-General), any of the penalties specified in clauses (i), (ii) and (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 Officer in Class II of the Andhra Pradesh Educational Service, any of the penalties specified in clauses (i), (ii) and (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) and (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 Specialties, any of the penalties specified in clauses (i), (ii) and (iv) of Rule 9;

(iii) The Superintendents of General Hospitals attached to Medical Colleges may impose on Civil Assistant Surgeons of Clinical Specialties and Civil Assistant Surgeons belonging to the Specialties of Bio-Chemistry, Pathology and Micro-Biology, any of the penalties specified in clauses (i), (ii) and (iv) of Rule 9;

(iv) The Superintendent 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 working in the District Headquarters Hospitals, any of the penalties specified in clauses (i), (ii) and (iv) of Rule 9.

(18)
(i) The Director of Public Health may impose on Statistician and Medical Officer (Maternity and Child Health) Grade-II, any of the penalties specified in [clauses (i) to (vii)] of Rule 9; - Subs. by G.O.Ms. 205, G.A.D., 5-6-1998.

(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 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, any of the penalties specified in clauses (i) to (iv) of Rule 9.

[(20)

(i) The Superintendent Engineer (Irrigation) may impose all minor penalties and major penalty of stoppage of annual grade increments with cumulative effect on Assistant Executive Engineer and Deputy Executive Engineer (Irrigation)

(ii) The Engineer-in-Chief (Irrigation) may impose all other major penalties as specified in Rule 9 of these Rules on Assistant Executive Engineer and Deputy Executive Engineer (Irrigation). (Subs:-by-GO. Ms. No. 353 G.A (Ser.C) Dept., Dt. 18-11-2003)

(21) The Chief Engineer (Electricity) may impose on-

(a) Assistant Engineers, Store Superintendents, Chief Accountants and Deputy Chief Accountants under his control, the penalties 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; - Subs. by G.O.Ms. 205, G.A.D., 5-6-1998.

(22) The Engineer-in-Chief (R&B) may impose on Deputy Executive Engineers (R&B), the penalties specified in clause (i) of Rule 9.

(23)

(i) The Superintendent Engineer (Public Health) may impose all minor penalties and major penalty of stoppage of annual grade increments with cumulative effect on Assistant Executive Engineer and Deputy Executive Engineer (Public Health).

(ii) The Engineer-in-Chief (Public Health) may impose all other major penalties specified in Rule 9 of these rules on Assistant Executive Engineer and Deputy Executive Engineer (Public Health). [Subs. vide G.O. Ms. No. 353 G.A (Ser.C) Dept., Dt. 18-11-2003]

(24)

(i) The Chief Engineer (General and Panchayati Raj) may impose on Deputy Executive Engineers of the Panchayati Raj Engineering Service, any of the penalties specified in clauses (i) to (iv) of 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) and (iv) of Rule 9;

(25)
(i) The Deputy Inspector-General of Police or an officer of corresponding rank may impose on-

(a) Deputy Superintendents of Police, Assistant Commissioner of Police, Assistant Commandant, Andhra Pradesh Special Police, Deputy Superintendents, 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, Armed Reserve, Reserve Inspector, Andhra Pradesh Special Police, Inspector of Police, Shorthand Bureau, Inspector of 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 also impose on Inspector of Police, Reserve Inspector of Armed Reserve, Reserve Inspector of Police, Andhra Pradesh Special Police, Inspector of Police, Shorthand Bureau, Inspector 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 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 ill of the Andhra Pradesh Industries Service, the penalties specified in clauses (i) and (iv) of Rule 9.

(26)
(a) The Principal Chief Conservator of Forests may impose on Assistant Conservator of Forest any of the penalties specified in clause (i), (ii) and (iv) of Rule 9. [Added vide G.O. Ms. No. 496, G.A.D., Dt.29-11-1996)

[(b) The Commissioner of Industries may impose on Officers of the Industries Department upto and including the Officers of the rank of Joint Directors of Industries, any of the penalties specified in clause (i) to (v) of Rule 9]. [Added by G.O.Ms. N9. 247, G.A.D., Dt. 16-6-1997]

[(c) The Controller, Legal Metrology may impose on the Assistant Controllers, Legal Metrology any of the penalties specified in clauses (i) to (v) of Rule 9.][Added by G.O.Ms.No. 179, G.A. (Ser.C), Dt. 19-5-1998)

[(d) The Commissioner and Director, Handlooms & Textiles may impose on the Deputy Director (Handlooms & Textiles) the penalties specified in clauses (i) and (iv) of Rule 9.] [G.O.Ms.No. 359, G.A. (Ser.C). Dt. 7-9-1998]

(27) Without prejudice to the foregoing provisions-

(i) every Head of Department may impose on a member of the State Services under his control, the penalty specified in clause (iii) of Rule 9, except in the case of such member holding a post immediately below his rank; and

(ii) every Head of Department declared to be the appointing authority may impose on a member of the State Service holding a post at first level or at second level under his control, any of the penalties specified in clauses (i) to (viii) of Rule 9. (Subs. vide G.O. Ms. No. 428, G.A.D., Dt. 13-10-1999)

[(iii) the Special Chief Secretary and Chief Commmissioner of Land Administration may impose any of the penalties specified in clause (ix) and (x) of Rule 9 on Manda! Revenue Officers.] (Added by G.O. Ms. No. 231, G.A.D., Dt. 7-06-2005)

Rule 12. Government's power to impose penalties on members of State Services :-

Notwithstanding anything in Rule 11, the Government may impose any of the penalties specified in Rule 9 on members of the State Services.

Rule 13. Authorities competent to suspend members of State Services :-

The authority which may place under suspension under Rule 8 on members of the State Services mentioned in column (1) of the table below shall be the authority mentioned in column (2) thereof :

S.No:	Class of members of the State Service	Authority which may place under suspension under Rule 8
1.	Members of the State Judicial Service	High Court of Judicature of Andhra Pradesh at Hyderabad.
2.	Mandal Revenue Officer (Tahsildars) (including Mandal Revenue Officers, Civil Supplies), Assistant Civil Supply Officers (Civil Supplies), Assistant Excise Superintendents (including Chemical Examiner) and Deputy Commercial Tax Officers.	Commissioners concerned. [The District Collectors are empowered to place the Manda! Revenue Officers (Tahsildar Cadre) under suspension for a period of three months and to obtain the approval of the Commissioner of Land Revenue, if the suspension period has to be extended beyond the period of three months]. [Added by G.O. Ms. No. 533, G.A.D., Dt. 6-12-1997, w.e.f. 1-11-1997)
2-A.	Mandal Parishad Development Officers, Divisional Panchayat Officers, Extension Officers (Panchayats), Extension Officers (Rural Development), Executive Officers (Gram Panchayats)	Collector and District Magistrate (Added by G.O.Ms. No. 382, G.A.D., Dt. 15-09-2001)
3.	Section Officers in the Departments of Secretariat and Governor's Secretariat.	Chief Secretary to Government, Principal Secretary to Govt., Second Secretary to Govt., Secy. to Govt., Special Secy. to Government. or the Secretary to Governor, as the case may be. [Added by G.O. Ms. No. 199, G.A.D., 16-5-1997]
3-A.	Private Secretaries to Secretaries to Government in the Departments of Secretariat and Governor's Secretariat	Chief Secretary to Government, Principal Secretary to Govt., Second Secretary to Govt., Secy. to Govt., Special Secy. to Government. or the Secretary to Governor, as the case may be. [Added by G.O. Ms. No. 199, G.A.D., 16-5-1997]
4.	i. Assistant Executive Engineers (Irrigation)	Engineer in Chief (Irrigation)
	ii. Deputy Executive Engineer (Irrigation)	Superintendent Engineer (Irrigation) [Subs. by G.O. Ms. No. 353 G.A (Ser.C) Dept., Dt. 18-11-2003]
5.	Asst. Research Officers in the Engineering Research Department.	Chief Engineer in-charge Engineering Research Deptt.
6.	i. Deputy Executive Engineers, Assistant Executive Engineers, Roads and Buildings Department.	Engineer in Chief (R & B)
	ii. Non-Technical Personal Asst. to the Chief Engineer (Roads & Buildings)	Chief Engineer concerned to whom the Non-Technical Personal Assistant is attached.
7.	i. Assistant Executive Engineers (Public Health)	Executive Engineer (Public Health)
	ii. Deputy Executive Engineer (Public Health)	Superintendent Engineer, (Public Health) [Subs. by G.O. Ms. No. 353 G.A (Ser.C) Dept., Dt. 18-11-2003]
8.	Deputy Executive Engineer of Panchayat Raj Engineering Department-Non-Technical Personal Assts. to the Chief Engineer (Genl. & P.R.)	Chief Engineer (Genl. & P.R.)
9.	Civil Assistant Surgeons and Health Officers.	Director of Medical Education or Inspector-General of Prisons if the misconduct relates to professional duties of Jail discipline.
10.	Statistical Officers and Medical Officers (Maternity and Child Health), Grade-II.	Director of Medical Education.
11.	Lay Secretary and Treasurers in Government Medical Institutions.	Director of Medical Education or Director of Indian Medicine and Homeopathy as the case may be.
12.	Members in Class IV of the Andhra Pradesh Animal Husbandry Service.	Director of Animal Husbandry.
13.	Omitted by G.O.Ms. No. 246, G.A.D., Dt. 13-6-1997
14.	Inspector or Inspectress of Factories, Inspector of Boilers, District Inspector of Labour, Inspector of Evaluation and Implementation and Administrative Officers (Subsidised Housing Scheme).	Commissioner of Labour.
15.	Inspectors of Police, Reserve Inspectors, Armed Reserve, Reserve Inspectors of Andhra Pradesh Special Police, Inspectors of Police, Shorthand Bureau, Inspectors of Police, Communications, Inspectors of Police, Transport Organisation, Inspectors of Women Police.	Deputy Inspector-General of Police, Commissioner of Police or Officer of corresponding rank concerned.
16.	Deputy Director working in the Department of Printing and in its various wings.	Director of Printing, Stationery and Stores Purchase, Hyd.
	16(a) Assistant Conservator of Forest working in the Forest Department.	Principal Chief Conservator of Forests.] (Added by G.O. Ms. No. 496, G.A.D., Dt. 29-11-1996)
17.	a. Other members of State Services holding initial Gazetted post.	Regional authority or where no regional authority exists, the Head of the Department.
	b. Other members of State Services holding second level Gazetted post.	Heads of Departments concerned.(Subs. by G.O. Ms. No. 428, G.A.D., Dt. 13-10-1999)

Rule 14. Disciplinary Authorities and Authorities competent to suspend, in respect of Subordinate Services :-

(1)

(a)

(i) 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 nongazetted officer, such officer, or any authority to which he is subordinate;

[(ii) The Executive Engineer (Irrigation) may place the Assistant Engineer (Irrigation) under suspension.

(iii) The Executive Engineer (Public Health) may place the Assistant Engineer (Public Health) under suspension.] [Added by G.O. Ms. No. 353 G.A (Ser.C) Dept., Dt. 18-11-2003]

(b)

(i) The authority which may impose, on a member of a Subordinate Service, the penalty specified in clause (iii) of Rule 9 shall be 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 penalty;

Provided further that the Assistant Excise Superintendent, Tahsildar, Deputy Commercial Tax Officer, Personal Assistant to the Superintendent of Police and Deputy Superintendent of Police, except to the extent provided in the first proviso to sub-rule (2), shall not exercise the powers vested in a gazetted officer under this sub-rule; but such powers shall be exercised 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), (ii) and (iv) of Rule 9 or place under suspension under Rule 8 shall be as specified
thereof against each such category.

(ii) The Executive Engineer (Irrigation) may impose minor penalties on Assistant Engineer (Irrigation), and

(iii) The Executive Engineer (Public Health) may impose minor penalties on Assistant Engineer (Public Health). [Added by G.O. Ms. No. 353 G.A (Ser.C) Dept., Dt. 18-11-2003]

(2)

(i) The authority which may impose on a member of a Subordinate service, the penalties specified in [clauses (ii) and (v) to (x)] of Rule 9 shall be the appointing authority or any authority to which it is subordinate - Subs. vide G.O.Ms. 205, G.A.D., 5-6-1998.

Provided that in case of the members of the Services specified in Appendix m 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 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;

Provided also that the Superintendent, Forest School, Yellandu, Forest Utilisation Officer, State Viticulturist, Working Plan 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 to impose the penalty of suspension under clause (v) of Rule 9 in Appendix IV, 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 (b) thereof;

Provided also that the Additional Director of Fire Service or the Regional Fire 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 (c) thereof.

Provided also that the Manda! Development Officer may impose the minor penalties and keep under suspension the Superintendent, Extension Officer (Panchayat Raj & Rural Development), Senior Assistant, Panchayat Secretaries, Junior Assistants, Typists, Class IV employees of Mandal Parishads as specified in clause (i) to (v) of Rule 9 of these rules. Added vide G.O. Ms. No. 53 G.A (Ser.C) Dept Dt. 28-02-2004 w.e.f. 20-09-2003

(ii) The Superintendent Engineer (Irrigation) may impose major penalties on Assistant Engineer (Irrigation);

(iii) The Superintendent Engineer (Public Health) may impose major penalties on Assistant Engineer (Public Health). Added vide G.O. Ms. No. 353 G.A (Ser.C) Dept., Dt. 18-11-2003

Rule 15. Power of appointing authority etc., to suspend members of State and Subordinate Services :-

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.

Rule 16. Disciplinary authority in case of promotion or transfer of a member of a Service and a reversion or reduction therefrom :--

(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 of a Service to another class, category or grade thereof, no penalty shall be imposed upon him in respect of his work or conduct while he was a member of the service, class, category or grade, as the case may be, 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.

Rule 17. Special Provision in respect of Police Officials employed in Anti-Corruption Bureau, Vigilance and Enforcement Department and Lokayukta and Upa-Lokayukta:-

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 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 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, for any act done by him prior to his employment therein.

Rule 18. Lower authority not to reopen case: Higher authority can exercise power:--

(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.

Rule 19. Authority to institute proceedings:--

(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 - Subs. vide G.O.Ms. 205, G.A.D., 5-6-1998.

PART-V: PROCEDURE FOR IMPOSING PENALTIES

Rule 20. Procedure for imposing major penalties:

(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 far as may be, in the manner provided in this Rule and Rule 21 or in the manner provided by the Andhra Pradesh Civil Services (Disciplinary Proceedings Tribunal) Act, 1960 or the Andhra Pradesh Lokayukta and Upa-Iokayukta Act, 1983, where such inquiry is held under the said Acts.(Click to open "Standard Forms")

(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 inquiry into, or appoint under this Rule, as the case may be, authority to enquire into the truth thereof.

Explanation:-Where the Disciplinary Authority itself holds the inquiry, any reference 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 or the *[xxx] Controlling Authority who is not designated as Disciplinary Authority and who is subordinate to the Appointing Authority can draw up or cause to be drawn up - (The word cadre omitted vide GO.Ms. No. 459, G.A.D., Dt. 22-09-2009)

(i) The substance of the imputations of misconduct or misbehaviour into definite and distinct articles of charge.

(ii) A statement of the imputations of misconduct or misbehaviour in support of each article of charge, which shall contain-

(a) A statement of all relevant facts including any admission or confession made by the Government Servant.

(b) A list of documents by which and a list of witness by whom, the articles of charge are proposed to be sustained.

(4) The disciplinary authority shall deliver or cause to be delivered to the Government servant a copy of the article of charge, the statement of imputations of misconduct or misbehavior and a list of documents and witnesses by which each article of charge is proposed to be sustained and copies of the said documents and statements of the said witnesses and shall require the Government servant to submit within such time not exceeding 10 working days, a written statement of his defense and to state whether he desires to be heard in person. If the charged officer desires to be heard in person, personal appearance may be allowed before the disciplinary authority on such day and at such time not exceeding ten working days. (Substituted vide G.O.Ms. No. 110. G.A.D., Dt. 18-03-2013)

(5)

(a)

(i) On receipt of the written statement of defense, the disciplinary authority may itself inquire into such of the articles of charge as are not admitted, or, if it considers it necessary to do so, 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 defense, 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.

(ii) On the date fixed for appearance, the Government servant who desired to be heard in person shall submit the written statement of his defense. He shall be questioned whether he pleads guilty to the charges or not and if he pleads guilty to all or any of the article of charges, the disciplinary authority shall record findings of guilty in respect of those articles of charge to which the Government servant pleads guilty and obtain the signature of Government servant thereon. Where Government servant admits all the articles of charge, the disciplinary authority shall record its findings on each articles of charge after taking such evidence as it may think fit and shall act in the manner laid down in Rule 21. When Government servant pleads not guilty to all or any of the article of charges or refuses or omits to plead, the disciplinary authority shall record the plea and obtain the signature of the Government servant thereon and may decide to hold the inquiry itself or if it considers it necessary to do so, appoint under Sub Rule (2) an Inquiry Authority for the purpose.

(b) If no written statement of defense is submitted by the Government servant, the disciplinary authority may itself inquire into 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 a serving or retired Government servant as Inquiring Authority for holding the inquiry into such charge, he shall also by an order appoint serving or retired Government servant or Legal Practitioner or a legally trained Government servant as Presenting Officer to present the case in support of the articles of charge;

Provided that no Government servant dealing in his official capacity with the case of inquiry relating to the person charged or any officer to whom an appeal may be preferred shall be permitted by the inquiring authority to appear on behalf of the person charged before the inquiring authority; 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 already has two disciplinary cases on hand in which he has to give assistance.

Note (2) :-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.] (Subs. by G.O.Ms. No. 110, G.A.D., Dt. 18-03-2013)

(d) The Disciplinary Authority shall inform the Government Servant to submit within five days a list of documents, which he requires to be discovered or produced by Government for the purpose of his defence indicating the relevance of the documents so required.

(e) The Disciplinary Authority may for reasons to be recorded in writing refuse to requisition such of the documents as are, in its opinion, not relevant to the case.

(f) The Disciplinary 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.

(g) On receipt of the requisition referred to in sub-rule (5)(f), every authority having the custody or possession of the requisitioned documents shall produce the same before the Disciplinary Authority.

Provided that if the authority having the custody or possession of the requisitioned documents is satisfied for reasons to be recorded by it in writing that the production of all or any such documents would be against the public interest or security of the State, shall submit the fact to the Head of Department or to the Secretary of the Department concerned for a decision in the matter. Such decision shall be informed to the Disciplinary Authority and where the decision is to withhold production of all or any of such documents, the Disciplinary Authority shall on being so informed communicate the information to the Government Servant and withdraw the requisition made by it for the production or discovery of such documents and where the decision is against withholding the production of all or any of such documents, every Authority having the custody or the possession or the possession of such requisition documents shall produce the same before the disciplinary authority.

(6) Where the Government Servant to whom a copy of the article of charge has been delivered does not submit the written statement of defence on or before the date specified for the purpose or does not appear in person before the Disciplinary Authority or otherwise fails or refuses to comply with the provisions of this rule, the Disciplinary Authority may decide to hold the inquiry ex-parte or if it considers necessary so to do, appoint an Inquiry Authority for the purpose.

(7)

(a) 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 misbehavior;

(ii) a copy of the written statement of defence, if any submitted by the Government Servant;

(iii) copies of the Statements of Witnesses, referred to in sub-rule (3);

(iv) copies of documents referred to in sub-rule (3);

(v) evidence proving the delivery of copies of the documents referred to in sub-rule (3) to the Government Servant; and

(vi) a copy of the order appointing the "Presenting Officer".

(b) The Disciplinary Authority shall also forward to the Inquiring Authority documents received under clause (g) of sub-rule (5) as and when they are received.] (Subs. vide G.O.Ms. No. 337, G.A.D., Dt 22-07-2006)

(8) After receiving the documents mentioned under sub-rule (-) (a), the Inquiring Authority shall issue a notice in writing to the 'Presenting Officer and also to the Government Servant to appear before him on such day and at such time and place specified by him which shall not exceed ten days.

(9)

(a) The Presenting Officer and Government and Government Servant shall appear before the Inquiring Authority on the date fixed under sub-rule (8).

(b) If the Government Servant informs the Inquiring Authority that he wishes to inspect the documents mentioned in sub-rule (3) for the purpose of preparing his defence, the Inquiring Authority shall order that he may inspect the documents within five days and the Presenting Officer shall arrange for the inspection accordingly.

(c) The Inquiring Authority shall call upon the Government Servant whether he admits the genuineness of any of the documents copies of which have been furnished to him and if he admits the genuineness of any document it may be taken as evidence without any proof by the concerned witness.

(d) The Inquiring Authority shall adjourn the case for inquiry to a date not exceeding ten days for production of evidence and require the Presenting Officer to produce the evidence by which he proposes to prove the articles of charges.

(l0)

(a) On the dates fixed for recording the evidence, the oral and documentary evidence by which the articles of charges are proposed to be proved shall be produced by or on behalf of the Disciplinary Authority.

(b) The evidence shall be recorded as far as possible on day to- day basis till the evidence on behalf of the Disciplinary Authority is completed.

(c) The witnesses shall be examined by or on behalf of the Presenting Officer and they may be cross examined by or on behalf of the Government Servant.

(d) The Presenting Officer shall be entitled to re-examine the witnesses on any points on which they have been cross examined, but not on any new matter without the permission of the Inquiring Authority.

(e) The Inquiring Authority may also put such questions to the witnesses as it thinks fit. (Subs. vide. G.O.Ms. No. 337, G.A.D., Dt. 22-07-2006)

(11)

(a) If it appears 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.

(b) In such case, the Government Servant shall be entitled to have 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.

(c) The Inquiring Authority shall give the Government Servant an opportunity of inspecting such documents before they are taken on the record.

Note :-New evidence shall not be permitted or called for and 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 lacuna or defect in the evidence which has been produced originally.

(12)

(a) When the case for the Disciplinary Authority is closed, the Government Servant shall be required to state his defence orally or in writing as he may prefer and to submit a list of witnesses to be examined on his behalf for which purpose the case may be adjourned to a date not exceeding five days.

(b) 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 and the list of defence witness may be provided to the presenting officer, if any, appointed.

(Subs. vide G.O.Ms. No. 337, G.AD., Dt. 22-07-2006)

(13) The evidence on behalf of the Government Servant shall then be 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.

(14) 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 purpose of enabling the Government Servant to explain any circumstances appearing in the evidence against him.

(15) The Inquiring Authority may, after the completion of the production of 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.

(16)

(a) Where a Disciplinary Authority competent to impose any of the penalties specified in clauses (i) to (v) of Rule 9 and in Rule 10, but not competent to impose any of the penalties specified in clauses (vi) to (x) of Rule 9, has itself inquired into or caused to be inquired into the articles of any charge and that Authority, having regard to its own findings or having regard to its decision on any of the findings of any Inquiring Authority appointed by it is of the opinion that the penalties specified in clauses (vi) to (x), of Rule 9 should be imposed on the Government Servant, that Authority shall forward the records of the inquiry to such Disciplinary Authority as is competent to impose the last mentioned penalties.

(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 justices, recall the witnesses and examine, cross examine and reexamine the witnesses and may impose on the Government Servant such penalty as it may deem fit in accordance with these Rules.

(17) 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.

(18)

(i) After the conclusion of the inquiry, a report shall be prepared and it shall contain:

(a) the articles of charge and the statement of the imputation of misconduct or misbehaviour;

(b) the defence of the Government Servant in respect of each article of charge;

(d) the findings on each article of charge and the reasons therefor.

Explanation:If in the opinion of the Inquiring Authority, the proceedings of the inquiry establish any article of charge different from the original articles of 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 article 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;

(d) written briefs, if any, filed by the Presenting Officer or Government Servant or both during the course of 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 list (A and B lists) of Constables fit for promotion as Head Constables/ in the Andhra Pradesh Police Subordinate Service or Andhra Pradesh *[***] Special Police.] (Subs. by G.O.Ms.No. 383, G.A.D., Dt. 19-12-2003); *(Omitted by G.O.Ms.No:337, G.A.D., Dt. 22-07-2006)

Rule 21. Action on the inquiry report :-

(1) The disciplinary authority, if it is not itself the inquiring authority may, for reasons 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 be.

(2) The disciplinary authority shall forward or cause to be forwarded a copy of the report of the inquiry, if any, held by the disciplinary authority or where the disciplinary authority is not the inquiring authority a copy of the report of the inquiring authority together with its own tentative reasons for disagreement, if any, with the findings of inquiring authority on any article of charge to the Government servant who shall be required to submit, if he so desires, his written representation of submission to the disciplinary authority within fifteen days, irrespective of whether the report is favorable or not to the Government servant.

(3) The disciplinary authority shall consider the representation, if any, submitted by the Government servant and record its findings before proceeding further in the matter as specified in the sub-rules (4) and (5) below.

(4) 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 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 inquiry 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 Government servant.

(5) 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 imposing such penalty and 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. (Added vide G.O. Ms. 22, G.A.D., Dt. 30-01-2004)

Rule 22. Procedure for imposing minor penalties :-

1) Subject to the provisions of *[sub-rule (4)] of Rule 21, an order imposing on a Government Servant any of the penalties specified in clauses (i) to (v) of Rule 9 and in Rule 10 shall be made except after :- *[Subs. by G.O.Ms. 22, G.A.D., Dt. :30-01-2004]

(a) informing the Government Servant in writing of 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-rules [(3) to (18)] of Rule 20, in every case in which the disciplinary authority is of the opinion that such inquiry is necessary; (G.O.Ms. 552, G.A.D., Dt. 5-10-2006)

(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 representation, if any, made by the Government under clause (a) of that sub-rule, to withhold 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 sub-rules *[(3) to (18)] of Rule 20, before making any order imposing on the Government servant any such penalty. *[Subs. by G.O.Ms. 552, G.A.D., Dt. 5-10-2006]

(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 therefor.

Rule 23. Communication of orders :-

Orders made by the disciplinary authority shall be communicated to the Government servant who shall also be supplied with a copy of the report of the inquiry, if 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 of the inquiring authority (unless they have already been supplied to him) and also a copy of 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.

Rule 24. Common proceedings

(1) Where two or more Government Servants of the same service or different services are concerned in any case the Govt. 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 proceedings;

(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 proceedings.

Rule 25. Special procedure in certain cases

Notwithstanding anything contained in Rule 20 to Rule 24-

(i) where 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 thereon as it deems fit [xx x] (Proviso deleted by G.O.Rt.No. 6421, Genl. Admin. (Ser.-C), Dt. 29-12-93)

Provided that the Commission shall be consulted, where such consultation is necessary, before any orders are made in any case under this rule.

(Provided further that no such consultation with the Commission is necessary before any orders are made under clause (i) of this rule.) [Included vide G.O.Ms.No.240, G.A. (Ser-C) Dept., Dt. 14-8-2003]

Rule 26. Waiver procedure to certain cases

(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 injustice 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 - Subs. by G.O.Ms. 205, G.A.D., 5-6-1998.

Rule 27. Action on report of Lokayukta and Upa-lokayukta

(1) 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 (I) of Section 12 of the Andhra Pradesh Lokayukta and Upalokayukta Act, 1983, the disciplinary authority shall take action on the basis of the recommendation contained in the report, after furnishing a copy of the report to the charged Government Servant to make a representation, if any, within a reasonable time fixed and after taking into consideration such representation, and impose any of the penalties specified in Rule 9 or 10:

Provided that the disciplinary authority for the purpose of this rule shall be the authority under Rule 2(c) or as specified under clause (c) of Section 2 of the Andhra Pradesh Lokayukta and Upa-Lokayukta Act, 1983.] (Subs. by G.O. Ms. 350, G.A.D., Dt. 8-08-2002)

[(2) The Complaints Committee Report on allegations of sexual harassment and atrocities on women shall be deemed to be an inquiry report under these Rules.

Notwithstanding anything contained in Rule 20 or Rule 22 where it is proposed to impose on Government Servant any of the penalties specified in Rule 9 or Rule 10 on the basis of the inquiry report of the Complaints Committee, the Disciplinary Authority shall take action on the basis of recommendations contained in the inquiry report after furnishing a copy of the report to the Charged Government Servant to make a representation, if any, within a reasonable time fixed and after taking into consideration such representation, and impose any of the penalties specified in Rule 9 or Rule 10.] (Added by G.O. Ms. No. 557, G.A. (Ser. C) Department, dated 14-12-2005)

Rule 28. Rule not to affect provisions relating to Andhra Pradesh Survey and Land Records Subordinate Service

Nothing in these rules shall affect the rule or regulation of the pay of the members of the Andhra Pradesh Survey and Land Records Subordinate Service in the following categories according to their monthly outrun 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 Computer

Category 8: Junior Draughtsman

Rule 29. Rules not to affect provisions in Andhra Pradesh Stationery Manual

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 warehouse men, packers in the office of the Director of Stationery of the value of the short receipts reported by the indenting officers.

Rule 30. Provisions regarding officers lent to Government of India, etc.

1) Where the services of a Government servant 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 "lending authority" of the circumstances leading to the order of suspension of such Government servant or the commencement of the disciplinary proceeding as the case may be.

(2) In the light of the findings in the disciplinary proceeding conducted against the Government servant:

[(i) If the borrowing 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 the Government servant, it may make such orders as it deem necessary.

(ii) If the borrowing authority is of the opinion that the penalty specified in clause (vi) of Rule 9 should be imposed on Government Servant, it may pass such orders as it may deem necessary, duly following the procedure prescribed in Rule 20 Provided that the borrowing authority shall inform the lending authority which lent the services of the Government servant the circumstances leading to the imposition of the penalty specified in clause (vi) of Rule 9:

Provided further that if the borrowing authority is of the opinion that any of the penalties specified in clauses (vii) to (x) of Rule 9 should be imposed on such Government servant, it shall replace his services at the disposal of the lending authority and transmit to it the proceedings of the enquiry and thereupon the lending authority may, if it is disciplinary authority, pass such orders thereon as it may deem necessary or if it is not disciplinary authority, submit the case to the disciplinary authority whichshall pass such orders on the case as it may deem necessary]. [Subs. by G.O.Ms. 20, G.A.D., 20-1-2000]

(3) For the purpose of this rule, an Assistant or an 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 Service or a Section Officer of the Secretariat or a Superintendent of the Office of the Commissioner for Land Revenue deputed for training as Tahsildar in the districts, shall be deemed to be a Government servant lent.

(4)

[(i) Where the borrowing authority is a Company or Corporation or Organization or local or other authority, such borrowing authority may, subject to such specific conditions or limitations, if any, that may be made in the terms of deputation, suspend or impose any of the penalties specified in clauses (i) to (vi) of Rule 9 or clause (i) of Rule 10, on the Government servant, duly following the procedure prescribed in CCA Rules.

Provided that the borrowing authority shall intimate the fact of placing the Government servant under suspension or imposing on him/her the penalty as the case may be to the lending authority Provided further that if the borrowing authority is of the opinion that any of the penalties specified in clauses (vii) to (x) of Rule 9 should be imposed on the Government servant, it shall replace his services at the disposal of the lending authority and transmit to it the proceedings of the enquiry and thereupon, the lending authority may, if it is disciplinary authority, pass such orders thereon as it may deem necessary or if it is not disciplinary authority, submit the case to the disciplinary authority which shall pass such orders on the case as it may deem necessary]. [Subs. for Clause (i) and (ii) by G.O.Ms. 20, G.A.D., 20-1-2000]

(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 l0, 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 10 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.

Rule 31. Provisions regarding officers borrowed from Government of India, etc.

(1) Where an order of suspension is made or a disciplinary proceeding 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 a Local or other 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 proceeding, 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 / her it may, subject to the provisions of sub-rule (3) of Rule 21 pass such order as it may deem necessary:

Provided that the borrowing authority shall intimate the fact of imposing the penalty on Government Servant, to the lending authority.

Provided that the borrowing authority is of the opinion that any of the penalties specified in clauses (vii) to (x) of Rule 9 should be imposed on the Government servant, it shall replace his services at the disposal of the lending authority and transmit to it the proceedings of the enquiry and thereupon the lending authority may, if it is disciplinary authority, pass such orders thereon as it may deem necessary or if it is not disciplinary authority, submit the case to the disciplinary authority which shall pass such orders on the case as it may deem necessary] [Subs. for Clause (i) and (ii) by G.O.Ms. 20, G.A.D., 20-01-2000].

PART- VI: APPEALS

Rule 32. Orders against which no appeal lies

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.

Rule 33. Orders against which appeal lies

(1) Subject to the provisions of Rule 32 a Government servant may prefer an appeal, as hereinafter 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 appellate 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 are so discharged; and

(v) an order reducing or withholding the maximum pension, including an additional pension, admissible to him under the rules governing pension.

(2) Subject to the provisions of Rule 32, a member of a subordinate service may, as here-in-after provided, prefer an appeal against an order passed by an authority subordinate to the Government

(i) varying to his disadvantage his conditions of 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 of service whereby his conditions of service, pay, allowance or pension are regulated.

Explanation :-In this rule, the expressions 'Government Servant' and 'Member of a Subordinate Service' include a person who has ceased to be in Government Service.

Rule 34. Appellate Authorities

(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 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 (iv) of Rule 9 on all types of Inspectors of Police by the Superintendent of 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 passed 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;

Provided also that in the 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 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 sub-rule (2) of Rule 33 shall lie to 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.

Rule 35. Period of limitation for appeals

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.

Rule 36. Form and contents of appeal

(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.

Rule 37. Consideration of appeal

(l) 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 penalties specified in Rule 9 or Rule 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 compiled with and if not, whether such non-compliance has resulted in the violation of any provisions of the Constitution of India or in failure of justice;

(b) whether the findings of the disciplinary authority are warranted by the evidence on the record; and

(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 is 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. - Subs. by G.O.Ms. 205, G.A.D., Dt. 5-6-1998.

(iii) if the enhanced penalty which the appellate authority proposes to impose is one of the penalties specified in [clauses (vi) to (x) - included vide G.O.Ms. 205, G.A.D., Dt. 5-6-1998] of Rule 9 and an inquiry under Rule 20 has already been held in the case, the appellate authority shall make such orders as it may deem fit, (after the appellant has been given a reasonable .oppurtunity of making a representation - included vide G.O.Ms. 480, G.A.D., Dt. 20-12-2001)

(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 of the provisions contained in sub-rule (2) of Rule 22; and

(b) where an inquiry in the manner laid down in Rule 20 has not already been held in the case; itself hold such inquiry or direct that such inquiry be held in accordance with the provisions of Rule 20 and thereafter on a consideration of the proceedings of such inquiry, pass such orders as it may deem fit; 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.

Rule 38. Review of original orders passed by Government, in lieu of appeal

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 on 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 omission in the order such as failure to apply the law of limitation or an error of procedure apparent on the face of record.

(b) Any petition for review which does not satisfy any of the above grounds shall be summarily rejected.

(c) The Government shall pass such orders as they think proper in respect of any petition for review that has been admitted under this rule.

Rule 39. Implementation of orders in appeal

The authority which made the order appealed against shall give effect to the orders passed by the appellate authority.

PART- VII: REVISION AND REVIEW

Rule 40. Revision

(1) Notwithstanding anything contained in these rules-

(i) the Government, or

(ii) in the case of a Government servant serving in a department or office under the control of a head of department such head of the department directly under the Government; or

(iii) any appellate authority, or

(iv) any other authority specified in this behalf by the Government by a general or special order and within such time as may be prescribed in such general or special order, may where a revision petition is preferred by the Government servant within one year of the date of receipt by him of the order sought to be revised, and in cases where no such revision petition is preferred within four years of the date of the order proposed to be revised, either Suo-motu or otherwise and after calling for the records of any inquiry and examination, revise and order of penalty made under these rules or under the rules repealed by Rule 45, after consultation with Commission where such consultation is necessary. The said authority may exercise the power Suo-motu within four years from the date of issue of order of penalty by the competent authority or within one year of the date of receipt of the petition either confirm or reduce or set aside the order of penalty or any other order already issued, and where it is proposed to enhance the penalty, such authority may exercise the power within four years from the date of receipt of the petition and revise any order made under Rule 45 after consultation with the Commission where such consultation is necessary, and

(a) confirm, modify or set aside the order; or

(b) confirm, reduce, enhance or set aside the penalty imposed by the order, or impose any penalty where no penalty has been imposed, or

(c) remit the case to the authority which made the order or to any other authority directing such authority to make such further inquiry as it may consider proper in the circumstances of the case; or

(d) pass such other orders as it may deem fit: Provided that the Special Inspector General of Police (Law and Order) or the Deputy Inspector General of Police or an officer of the corresponding rank may, of his own motion or otherwise, revise an order passed on appeal by the authority subordinate to him;

Provided further that no order imposing or enhancing any penalty shall be made by any revising authority unless the Government servant concerned has been given a reasonable opportunity of making a representation against the penalty proposed and where it is proposed to impose any of the major penalties specified in Rule 9 or to enhance the minor penalty imposed by the order sought to be revised to any of the major penalties and if an inquiry under Rule 20 has not already been held in the case, no such penalty shall be imposed except after inquiring in the manner laid down in Rule 20, subject to the provisions of Rule 25 and except after consultation with the Commission, where such consultation is necessary:

Provided also that subject to the provisions of Rule 25, the revising authority shall:

(a) where the enhanced penalty which the revising authority propose 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 the Rule 22; and

(b) where an inquiry in the manner laid down in Rule 20 has not already been held in the case. Itself hold such inquiry or direct that such inquiry be held in accordance with the provisions of Rule 20, and thereafter, on a consideration of the proceedings of such inquiry, pass such orders as it may deem fit;

Provided further that no power of revision shall be exercised by the head of department, unless-

(i) the authority which made the order in appeal, or

(ii) the authority to which an appeal would lie, where no appeal has been preferred, is subordinate to him.

(2) No proceeding for revision shall be initiated or commenced until after-

(i) the expiry of the period of limitation for preferring an appeal, or

(ii) the disposal of the appeal, where any such appeal has been preferred; the Government Servant may however prefer a revision petition for revising the order or penalty within a period of one year after the appeal petition to the prescribed appellate authority is disposed off.

(3) An application for revision shall be dealt with in the same manner as if it were an appeal under these rules. [Subs. by G.O.Ms. 455, G.A.D., 5-12-2001]

Rule 41. Review

The Government may exercise the power to review any order passed under these rules only on the reference made by the Head of the 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:

Provided that no order imposing or enhancing any penalty shall be made by the Government unless the Government servant concerned has been given reasonable opportunity of 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 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]. [Subs. by G.O.Ms. 64, G.A.D., Dt. 27-02-1998]

Provided further that the Government shall exercise the power of review within a period of three years - G.O.Ms. 23, G.A.D., Dt. 23-1-1999 w.e.f. 20/07/1996

PART - VIII: MISCELLANEOUS

Rule 42. Service of orders, notices etc.

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 Andhra Pradesh Gazette.

Rule 43. Power to relax time-limit and to condone delay

Save as otherwise expressly provided in these rules, the authority competent under these rules to 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.

Rule 44. Supply of copy of Commission's advice

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 to the Government servant concerned along with a copy of the order passed in the case, by the authority making the order.

Rule 45. Repeal and Saving

(1) The Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1963, issued in G.O.Ms.No. 1376, General Administration (Rules) Department, dated the 28th November, 1963, in so 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 of the said rules, or any notification or order made, or anything done, or any action taken, thereunder;

(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.

Rule 46. Removal of Doubts

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.

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