GO.Ms.No:22, Dt:30-01-2004 | Amendement, Rule-21 - Awarding Penalties

GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

Andhra Pradesh Civil Services (classification, control and appeal) rules, 1991 - Amendment - Orders - Issued.

GENERAL ADMINISTRATION (SER.C) DEPT.

 

G.O.Ms.No.22                                                                                    Dated: 30-01-2004

 

Read the following:

1. G.O.Ms.No.487, G.A. (Ser.C) Dept., dt.14.9.1992.

2. G.O.Ms.No.179, G.A. (Ser.C) Dept., dt.11.4.2002.

3. G.O.Ms.No.515, G.A. (Ser.C) Dept., dt.21.12.2002.

 

ORDER:

 

The following notification will be published in the Andhra Pradesh Gazette.

NOTIFICATION

In exercise of the powers conferred by the proviso to article 309 of the Constitution of India and of all other powers hereunto enabling, the Governor of Andhra Pradesh hereby makes the following amendments to the Andhra Pradesh Civil Services (Classification, Control and Appeal Rules, 1991 issued in G.O.Ms.No.487, General Administration (Services C) Department, dated the 14th September, 1992 and published in Part-I No.235, Extraordinary issue of the Andhra Pradesh Gazette, dated the 1st July, 1992 as subsequently amended from time to time.

AMENDMENT

In the said rules: -

 

I. For rule 21, the following shall be substituted, namely: -

 

"21 (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 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 or submission to the Disciplinary Authority within fifteen days, irrespective of whether the report is favourable 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".

 

II. In Sub-rule (1) of Rule 22 for the words "sub-rule (3)" the words "Subrule (4)" shall be Substituted.

 

(By order and in the name of the Governor of Andhra Pradesh)

 

B. ARAVINDA REDDY

Secretary to Government

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