GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Andhra Pradesh Civil Services(Classification, Control and Appeal) Rules, 1991 - Amendment - orders - Issued.
GENERAL ADMINISTRATION (SER. C) DEPARTMENT
GO.Ms.No.335 Dated:04-08-2005
Read the following:
1. G.O. Ms. No. 487, G.A. (Ser. C)
Department, Dated:14-09-1992.
2. G.O. Ms. No. 284, G.A. (Ser. C)
Department, Dated:7-7-1997
3. G.O. Ms. No. 373, G.A. (Ser. Q Department,
Dated:6-12-2003
@@@@@
ORDER:
Government have come across several disciplinary cases in
which charges of mis-appropriation or loss caused to Government by the Charged
Government Servants in discharging of their official duties or negligence are
proved. In proved cases of this nature, the concerned Administrative
Departments are often leaving the Charged Officers without imposing any penalty
against them for the misconduct of causing loss, on the plea that loss is
recovered from them and there is no need to impose any other penalty.
Government have noticed that the above confusion might be due to the fact that
recovery from pay of the whole or part of any pecuniary loss caused the
delinquent is a minor penalty under sub rule (iii) of Rule by of Andhra Pradesh
Civil Services (Classification, Control and Appeal) Rules, 1991. In the case of
Sri K. Chinnaiah Vs The Secretary, Ministry of Communications, 1995 (3) S.L.R.P
324, the Central Administrative Tribunal, Hyderabad held that "Normally,
there will be no need for two penalties at one time, but the penalty of
recovery from the p1y of the whole or part of any pecuniary loss caused by an
official by negligence or breach of order, can be imposed along with other
penalties".
2.
In view of the above, Government after careful examination of the matter have decided
to omit the sub rule (iii) of Rule 9 of the Andhra Pradesh Civil Services (Classification,
Control and Appeal) Rules, 1991 so that the Disciplinary Authorities impose
penalties against the Charged Officers in proved cases of this nature besides
recovery of the loss.
3. Accordingly, 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 oflndia, the Governor of Andhra Pradesh hereby
makes the following amendment to the Andhra Pradesh Civil Services
(Classification, Control and Appeal) Rules, 1991 issued in G.O. Ms. No. 487,
G.A. (Ser. C) Department, Dated: 14th September, 1992 and published in the
Andhra Pradesh Gazette Part I Extraordinary No. 235, Dated the 1st July,
1992 and as subsequently amended from time to time.
AMENDMENT
In Rule 9 of the said Rules, under the heading
"Minor Penalties," the existing sub rule (iii) shall be omitted.
(By order and in the name of the Governor of Andhra
Pradesh)
A.K.GOYAL
Principal Secretary to Government
