GOVERNMENT
OF ANDHRA PRADESH
GENERAL
ADMINISTRATION (SER.C) DEPARTMENT
Memo
No.24313/Ser.C/2000 Dated:
26-06-2001
Sub: District Collectors
authorized to call for explanations of District officials and intimate
disciplinary action under Rule 19 (1) of APCS (CC&A) Rules - 1991 -
Validity – Regarding.
Ref: From Director
General, Anti - Corruption Bureau, Hyderabad. C.No. 27/RPC(C) / 2000, dt.
25-04-2000.
The
attention of Director General, Anti a Corruption Bureau is invited to the
letter cited wherein the following two points were raised.
Point
No.1: The
empowering of the District Collectors to institute disciplinary proceedings
against District Officials perse without going into the merits of the decision
would appear to be within the power vesting in the Government in that regard
under Rule 19(1) (a) of the APCS (CC&A) Rules, 1991. But the District
Collectors so empowered to institute disciplinary proceedings under rule 19(1)(a) of the APCS Rules 1991 will have to initiate proceedings as per the procedure
laid down under Rule 22 in the case of minor penalty proceedings by issuing a
charge memo or under Rule 20 in the case of major penalty proceedings by
issuing a charge sheet. The Rules do not provide for initiation of disciplinary
action by issuing a show Cause Notice, obtaining explanation and sending the
material to the Head of the Department or Government for taking further action.
Point
No.2:
The A.P.C.S. (CC& A) Rules, 1991 apply to members of the Civil Services of
the State i.e. holders of civil posts in connection with the affairs of the
State etc., and not to the members of the All India Services who are governed
by the All India Services (D & A) Rules, 1969 and as such, the District
Collectors empowered under Rule 19 (1) (a) of the A.P.C.S (C.C & A) Rules,
1991 cannot Police, heading the police force of the District or an IAS or
Indian Forest Service official. Institution of proceedings against members of
the All India Services governed by the provisions of Rule 7 of the A.l.S. (D
& A) Rules, 1969 and State Government is the authority in respect of
members of an All India Service serving in connection with the affairs of the
State, as per sub-clause (1) of clause (b) of sub rule (1) of Rule 7 thereof:
The State Government have no power to empower the said Rules. The same is the
position in respect of District Officials not governed by the A.P.C.S (C.C. &
A) Rules, 1991.
2. The above two points have been examined
and the Director General, Anti-Corruption Bureau is informed that the orders
were issued in G.O. Ms. No.77, General Administration (Ser.C) Department, dated27-02-1996 empowering the District Collector to invoke Rule 19 of A.P. Civil
Services (C.C.& A) Rules 1991, is limited to the issue of a Show Cause
Notice against the Erring District Officials to submit their explanation for
the lapses if any mentioned in the Show Cause Notice.
3. As regards the second point, the D.G.,
A.C.B is informed that the District Collectors are not competent to issue Show
Cause Notice to the District Officials belonging to the All India Services in
terms of G.O. Ms. No. 77, General Administration (Ser. C) Department dated27-02-1996, as the A.P. Civil Services (CCA) Rules are not applicable to All
India Service Officers The District Collectors, therefore can initiate action
against the officers other than All India Service Officers only.
T.
JESUDANAM,
Secretary
to Government (Ser.)
