GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Public Services - Disciplinary Cases -
Violation of Andhra Pradesh Civil Services (Conduct) Rules - Initiation of
disciplinary action as per Andhra Pradesh Civil Services (CCA) Rules - Orders -
Issued.
GENERAL ADMINISTRATION (SERVICES-C) DEPARTMENT
G.O.Ms.No.680 Dated:
01-11-2008.
- - -
ORDER:
All Government Employees are governed by the
provisions of Andhra Pradesh Civil Services (Conduct) Rules, 1964. Any
violation of the said rules amounts to misconduct and for such mis-conduct
disciplinary action shall be initiated as per the procedure laid down in AndhraPradesh Civil Services (CCA) Rules, 1991.
2. According to
Rule 3 (1) of AP. Civil Services (Conduct) Rules 1964, 'every Government
employee shall be devoted to his duty and shall maintain absolute integrity,
discipline, impartiality and a sense of propriety'.
3. It is
noticed that while initiating the disciplinary action against any erring
employee the above rule position is not strictly adhered to. The charges against
any erring employee shall be framed by the Competent Authority duly indicating
the specific misconduct. Such articles of charge should not be vague and
general in nature i.e., the words like slack supervision, irregular way of
processing the issues etc., The Courts of Law are taking a view that there is
no clear application of mind by the Competent Authority while initiating the
disciplinary action against erring employee. The Division Bench of the AP. HighCourt in K. David Wilson Vs. Secretary to Government, Law Department (2001 (5)ALT 65) held that "the charged official ought to be informed of the
charges levelled against him as also the grounds upon which they are based.
Charge of misconduct should not be vague. The charge-sheet must be specific and
must set out all the necessary particulars and details irrespective of the fact
whether the delinquent knows it or not, he must be told about the charges, and
it was not his duty to connect the charge sheet with his alleged understanding
or knowledge of the charge. However, it is true that the charge need not be
framed with the precision of a charge in criminal proceedings. But, at the same
time, it must not be vague or so general as to make it impossible of being
traversed. Therefore, the test is whether the charge conveys to the delinquent
employee, the exact nature of the alleged misconduct in a way that would enable
him to meet the charge effectively. It is well established that if a vague
charge is given to a delinquent, it is a fatal defect, which vitiates the
entire proceedings. It is also relevant to notice that the vagueness in the
charge is not excused on the plea that the employee concerned should be deemed
to have known the facts correctly. It should not be left to the delinquent
official to find out or imagine what the charges against him are and it is for
the employer, to frame specific charges with full particulars."
4. Thus, there
is need to keep in mind the provisions contained in the Andhra Pradesh CivilServices (Conduct) Rules 1964, to check the misconduct of the Government
employees to ensure that the system of administration functions smoothly.
5. Government
direct that wherever connivance, negligence, dereliction of duty of the
Government employee is noticed, the Competent Authority shall take prompt
action for such misconduct in accordance with the procedure laid down in the
Andhra Pradesh Civil Services (CCA) Rules, 1991.
6. It is the
earnest endeavour of the Government to ensure clean and efficient
administration at all levels.
7. All
Departments of Secretariat, all Heads of Departments and all District
Collectors are requested to take prompt necessary action as per the above
order.
(By order and in the name of the Governor of
Andhra Pradesh)
P. Ramakanth Reddy
Chief Secretary to Government
