Instructions have been issued from time to time on various procedural aspects in dealing with disciplinary cases against Government employees. For better understanding clarifications / instructions are issued on step by step procedure to be followed from the stage of initiation of disciplinary proceedings till its conclusion. Instances have come to notice that there are procedural infirmities in dealing with the disciplinary cases, resulting in legal tangle. It is keenly felt to remedy the situation.
OPEN - CCA Rules - References (open)
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(a).
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Whether specific charges are framed as required in Govt. Memo No. 290/ser.c/94-2 GAD dt. 1.6.1994. |
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(b). |
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(c). |
Whether explanation is received from the delinquent officer within the time stipulated. |
Yes/No |
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(d). |
Whether the delinquent officer asked for any further information/additional Documents. |
Yes/No |
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(e). |
Whether it is decided to impose a minor penalty. |
Yes/No |
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(f). |
Whether
it is decided to impose a major penalty and to conduct detailed enquiry by
appointing enquiry officer or through Commissioner of Inquiries / entrust the
disciplinary case to the Tribunal for Disciplinary Proceedings for detailed
inquiry.
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Yes/No |
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(iii)
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Whether
Presenting officer is appointed as per sub rule 5 (c) of rule 20 keeping in
view the instructions in Memo No. 22/Ser.C/93, GA (Ser.C) Dept., dt. 1.5.1993
and in the format of G.O.Ms.No. 82, GA (Ser.C) Dept., dt. 1.3.1996.
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Yes/No |
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(iv)
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In
any disciplinary case where more than two members of service are involved,
Whether Common disciplinary proceedings are instituted as per Rule 24 of A.P. Civil Services (CCA) Rules and in Form VII of G.O.Ms.No. 82, Genl. Admn.
(Ser.C) Dept., dated 1.3.1996. |
Yes/No |
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(v)
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Whether
the A.P. Vigilance Commission is consulted to refer any disciplinary case for
enquiry to Tribunal for Disciplinary Proceedings. |
Yes/No |
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(vi)
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Whether
exparte enquiry was conducted, in terms of orders issued in G.O.Ms.No. 194,
GA (Ser.C) Dept., dated 15.3.1990. |
Yes/No |
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(vii)
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Whether
the time schedule prescribed in Circular Memo No. 35676/Ser.C/98, GA (Ser.C) Dept., dt. 1.7.1998 and in Memo No. 23537/Ser.C/99-5, dt. 28.7.1999 is followed
to complete the enquiry. |
Yes/No |
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(viii)
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Whether
the departmental proceedings could be delivered in person or leave address. |
Yes/No |
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(ix)
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If not, whether the same is published in the A.P. Gazette/Dist. Gazette, as the case may be. |
Yes/No |
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(i) An
introductory para, indicating appointment of Inquiry Officer and the dates of
hearing.
(ii) Charges
that were framed.
(iii) Brief
statement of the case of disciplinary authority in respect of the charges
enquired into.
(iv) Brief
statement of facts and documents admitted.
(v) Brief
statement of the explanation of the Government Servant.
(vi)
Assessment
of evidence in respect of each point.
(vii) Finding on each charge. Whether the E.O. ensured that no recommendation was made about the quantum of punishment.
(b) List
of documents produced by the Government Servant.
(c)
List of prosecution witnesses.
(d) List
of defence witnesses.
(e)
Deposition of witnesses in the order in which
they were examined.
(f)
Written statement of defence.
(g) Applications if any, filed during the course of Inquiry, and orders passed thereon, as also orders passed on oral requests made during the inquiry.
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(i)
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Whether the further
action on the enquiry report is as per rule 21 of the CCA Rules. |
Yes/No |
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(ii)
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Whether the disciplinary authority after going through the inquiry report agree with the findings and if any error is noticed, whether the point at which it is erred is recorded and did the disciplinary authority ask the same enquiry officer to conduct further enquiry and report as there is no provision for denovo enquiry or to conduct fresh enquiry. |
Yes/No |
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(iii)
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Whether the
disciplinary authority exercise his mind in arriving at the findings on the
charges and independently arrive at the nature and quantum of punishment. |
Yes/No |
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(iv)
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Whether the Andhra
Pradesh Vigilance Commission is consulted as per the scheme of Vigilance
Commission. |
Yes/No |
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(v)
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Whether the orders in circulation are obtained in case the A.P. Vigilance Commissioner's recommendations are not agreed to. |
Yes/No |
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(vi)
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Whether APPSC needs
to be consulted and if so, whether it was consulted. |
Yes/No |
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(vii)
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Whether the final orders issued agree with the recommendation of APPSC. |
Yes/No |
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(viii) |
If not whether
orders in circulation obtained. |
Yes/No |
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(i)
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Whether the instructions issued in U.O. Note No. 28552/ Ser.C/97-1, GA (Ser.C) Department dated 7.5.1997 are kept in view while issuing orders. |
Yes/No |
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(ii)
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Whether the instructions issued in U.O. Note No. 1713/Ser. C/66-1. GA (Ser.C) Dept., dt. 1.7.1966 have been followed or not regarding punishment awarded. |
Yes/No |
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(iii)
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Whether the instructions vide Memo No. 1436/Ser.C/80-2; GA (Ser.C) Dept., dt. 7-2-1981 have been followed while imposing penalty of stoppage of Annual Grade Increment with cumulative effect. |
Yes/No |
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(iv)
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Whether
the order of penalty and other papers communicated to the delinquent officer
as per rule 23. |
Yes/No
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