GOVERNMENT
OF ANDHRA PRADESH
GENERAL
ADMINISTRATION (SERVICES. C) DEPARTMENT
Circular
Memo No. 290/Ser.C/94-2
Dt:1-6-1994
Sub: Andhra Pradesh
Civil Services (CC&A) Rules, 1991 - Appointment of Enquiry Officer under
sub-rule (2) of Rule 20 without following the procedure set out under Rule20 - Instructions - Regarding.
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1. The
Departments of Secretariat, Heads of Departments and Collectors are award that
the A.P. Civil Services (CC&A) Rules, 1963 have been repealed by the A.P.
Civil Services (CC&A) Rules, 1991 which came into effect from 1-10-1992.
2. The
new rule 20 of the A.P. Civil Services (CC&A) Rules, 1991 corresponds to
old rule 19 (2) which deals with the procedure for imposing a major penalty.
The new rule 20 of the A.P. Civil Services (CC&A) Rules, 1991, prescribes
entirely a new procedure for conducting an enquiry by the disciplinary
authority where it is proposed to impose a major penalty prescribed under the
said rules. Some of the salient features of the new rule are given below for
immediate guidance of the disciplinary authority/Enquiry authority.
i) For
imposition of a major penalty, an enquiry should be conducted either under the
CCA Rules, or the public Servants (Enquiry Act).
ii) The
disciplinary authority may itself conduct the enquiry or appoint an inquiry
authority to conduct the enquiry.
iii) The
disciplinary authority itself can prepare or cause the preparation of the
articles of charges, statement of imputations of misconduct or misbehaviour.
iv) The
articles of charges, statement of imputations of misconduct and list of
witnesses and documents should be served on the Government servant by the
disciplinary authority or at its instance and the Government servant should be
required to submit the statement of defence and to state whether he desires to
be heard in person.
v) The
disciplinary authority on receipt of statement of defence or where no statement
of defence is received within the stipulated time, conduct the enquiry itself
or appoint an Inquiry authority to do so.
3. It
may be noted from the above that as per the old rules, the Inquiry Officer used
to be in the picture right from the start of the disciplinary proceedings,
wheres under the new rules he comes into picture only when the disciplinary
authority, after considering the statement of defence submitted by the
Government servant, decides to appoint an Inquiry authority for conducting an
inquiry.
4. It
is brought to the notice of Government that the disciplinary authorities are
appointing the Inquiry officer straight away on receipt of a complaint against
a government servant without following the procedure prescribed in rule.20 (3)
(4) of the new A.P. Civil Services (CC&A) Rules, 1991 in the first instance.
Such a course of action, evidently which is not in accordance with the
procedure prescribed under the new rules, is liable to be set aside when
questioned in a court of Law. It is, therefore, impressed on the disciplinary
authorities that they should invariably follow the procedure prescribed under
rule 20 (3) (4) of the CCA Rules, 1991 before they considered the appointment
of an inquiry authority. Non-compliance with the prescribed procedure will be
viewed seriously.
5. As
per the provisions of the new CCA rules articles of charges etc., will have to
be prepared or got prepared by the disciplinary authority. Needless to say,
that the articles of charge from the utmost of enquiry. Therefore, care and
diligence is required to be taken while drawing up the articles of charges on
an any defect or deficiency in the articles of charges will ultimately lead to
vitiation of the entire proceedings. The disciplinary authority inquiry
authority should see that the charges are specific without any ambiguity and
are fully supported by documentary evidence.
6. All
the Departments of Secretariat, Heads of Departments and Collectors are requested
to strictly follow the above procedure prescribed in the A.P. Civil Services
(CCA) Rules, 1991. Whenever an Inquiring authority is to be appointed for
conducting enquiry under the said rules. They are also requested to bring these
instructions to the notice of their subordinates for their guidance and
compliance.
7. The
receipt of this Memo may be acknowledged.
A.
CHENGAPPA
Secretary
to Government
