GOVERNMENT
OF ANDHRA PRADESH
GENERAL
ADMINISTRATION (SER.C) DEPARTMENT
Cir.Memo
No.35676/Scr.C/98 Dated:01-07-1998
Sub: Public Services - Disciplinary cases Departmental
Enquiries / Enquiries by Commn. of Inquiries - Fixing the time limit for early
completion or Inquiries - Orders - Issued.
Ref: 1. U.O.Notc No.1755/Ser.C/78- 1. GA (Ser.C)
Dept., dated 08-11-1978
2. U.O.Notc No.1005/SC.E/97-3. GA (SCE) Dept., dated 27- 09-1997.
3. Memo. No.3037/SC. E/97-1, GA (SC.E) Dept., dated
27- 04-1998.
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In
the reference 1st cited, instructions were issued for expeditious completion
of enquiries initiated against the delinquent officers. It was mentioned
therein that the concerned authorities should critically review the disciplinary
cases to watch the progress in order to ensure that the delinquent officers are
awarded the penalty at the right time. It was also mentioned that any undue
delay on the part (If the Enquiry Officers shall be viewed seriously and
whenever the delay is attributed to the Enquiry Officers suitable action shall
be initiated against them.
2. In rule 20 of A.P. Civil Services
(Classification, Control & Appeal) Rules, 1991 which deals with the
procedure for conducting the enquiry, time limit was to be prescribed lo call
for explanation from the delinquent officers on the charges made against them
and also to make available the documents sought for by the delinquent officer,
in order to minimise the time for completion of enquiries. Inspite of all clear
instructions, it is noticed that there was "undue delay" in
finalising the enquiries, thereby the delinquent officers are not awarded the
penalty at appropriate time, This led to inefficiency and also a sense of
callousness is developed in administration. It was keenly felt that there is
need to fix the time in normal cases and complicated cases, so as to ensure that
the enquiries are completed in time.
3. In the reference 2nd & 3rd cited,
comprehensive guidelines were issued on the nature of cases lo be referred to Commissionerate
of Inquiries.
4. The delay in completion of enquiries is
mainly attributed for non-presence or witnesses and also the relevant documents
required to conduct enquiry. In this context. it is brought to the notice or
all concerned that the A.P. Departmental Inquiries (Enforcement or Attendance
or Witnesses and Production or Documents) Act 1993, empowers the Enquiry
Officers to summon any individual to depose before Enquiry Officer and also for
production or documents. The Secretaries of departments concerned and also the
Chairman of Commissionerate of Inquiries were designated to authorise the
Inquiring Authority to summon the witnesses and also production of documents as
per section 4 of the said Act.
5. It has been decided that in all simple
cases the enquiry initiated shall he completed within three months either by
Departmental Officers or Commissioner of Inquiries In complicated cases, it shall
be ensured that the enquiry should be completed within five to six months.
6. The Secretaries to Government shall
review the progress of the enquiries ordered in all disciplinary cases and submit
a note on the cases pending beyond the stipulated time indicated in para 5 above,
to Chief Secretary to Government and also the Chief Minister. The object is to
ensure timely action in all disciplinary cases and also to adhere to the time
limit prescribed.
7. The departments of Secretariat / Heads
of Departments / District Collectors are requested to keep in view the above
instructions and follow them scrupulously.
8. The receipt of this circular memo.
should be acknowledged.
N.V.H.
SASTRY
Secretary
to Government
