GOVERNMENT
OF ANDHRA PRADESH
ABSTRACT
Andhra
Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 -
Amendments - Orders - Issued.
GENERAL
ADMINISTRATION (SER.C) DEPARTMENT
G.O.Ms.No.383
Dated:
19-12-2003
Read
the following:
-
- -
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 1st July, 1992 as subsequently amended
from time to time.
AMENDMENTS
In
rule 20 of the said Rules, for sub-rules (1) to (23) the following shall be
substituted, namely: -
(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-Lokayukta Act, 1983, where such inquiry is held under the said Acts.
(2) Whenever the Disciplinary Authority is of
the opinion that there are grounds for inquiring into the truth of any
imputation of misconduct or misbehaviour against a Government servant, it may
itself inquiry into, or appoint under this rule, as the case may be, authority
to inquire 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 Cadre 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.
(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) Copies of
documents by which and copies of statements of witnesses by whom, the articles
of charge are proposed to be sustained.
Note: Where the
documents are voluminous relevant extracts of the documents may be furnished to
the Government Servant.
(4) The Disciplinary Authority shall deliver or
cause to be delivered to the Government Servant a copy of the articles of
charge, the statement of the imputations of misconduct or misbehaviour and
copies of the statements of witnesses by which each article of charge is
proposed to be sustained and shall require the Government servant to appear
before the Disciplinary Authority on such day and at such time NOT EXCEEDING TEN
WORKING DAYS
and
submit a written statement of his defense and to state whether he desires to be
heard in person.
(5) (a) On the date fixed for appearance the
Government servant 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 articles of charges, the Disciplinary Authority
shall record the plea and obtain the signature of the Government Servant
thereon.
(b)
Where the Government Servant appears before the Disciplinary Authority and
pleads not guilty to the charges or refuses or omits to plead, the Disciplinary
Authority shall record the plea and obtain signature of the Government servant
thereon and may decide to hold the inquiry itself or if it consider necessary
to do so appoint a serving or retried Government servant as Inquiring Authority
for holding the inquiry into the charges and also appoint a Government servant
as Presenting Officer to present the case in support of the articles of charge
and adjourn the case to a date not exceeding five days for the said purpose.
(c)
On the date so fixed the Disciplinary Authority shall by an order appoint the
Inquiring Authority and shall also appoint a Government servant as Presenting
Officer to present the case in support of the articles of charge.
Provided
that the Disciplinary Authority may if it considers necessary having regard to
the facts and circumstances of the case, appoint a Legal Practitioner or a
Legally Trained Government Servant as Presenting Officer.
(d)
The Disciplinary Authority shall serve copies of the orders appointing the Inquiring
Authority and the Presenting Officer on the Government servant and inform him
that he may take the assistance of any other Government servant to present the
case on his behalf, but he may not engage a Legal Practitioner for the purpose
unless the Presenting Officer appointed by the Disciplinary Authority is a
Legal Practitioner or a Legally Trained Government Servant.
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 inquiry 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 assistant of any other Government
servant who has pending two disciplinary cases on hand in which he has to give
assistance.
NOTE:-(2)
The Government Servant shall not take the assistance of any other Government
servant who is dealing in his official capacity with the case of inquiry
relating to the Government servant charged.
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
his behalf.
(e)
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.
(f)
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.
(g)
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.
(h)
On receipt of the requisition referred to in sub-rule (5)(g) 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 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.
(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 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.
(i) a copy of the
articles of charge and the statement of the imputations of misconduct or misbehaviour;
(ii) A copy of the
written statement of defence, if any submitted by the Government Servant;
(iii) 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 sub-rule 5(h) as and when they are received.
(8) After receiving the documents mentioned
under sub-rule 7(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
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.
10. (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 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.
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 witnesses may be provided.
(c) The case shall
be adjourned to a date not exceeding ten days for production of defence
evidence.
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 interest of justice, recall the
witnesses and examine, cross-examine and re-examine the witnesses and may
impose on the Government Servant such penalty as it may deem fit in accordance
with these rules.
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 misbehavior.
(b) The defence of
the Government Servant in respect of each article of charge;
(c) An assessment
of the evidence 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;
(c) the oral and
documentary evidence produced in the course of the inquiry;
(d) written
briefs, if any, filed by the Presenting Officer or the 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 / the Andhra
Pradesh Police Subordinate Service or Andhra Pradesh Special Armed Police
Service.
(By
order and in the name of the Governor of Andhra Pradesh)
B.
ARAVINDA REDDY
Secretary
to Government
