Memo.No:46733, Dt:22-10-1999 | Inqury - Conducting by disciplinary Authority or Appointment of Inquiring Authority - Instructions.

GOVERNMENT OF ANDHRA PRADESH

GENERAL ADMINISTRATION (SC.E) DEPT. 

Memo.No.46733/Ser.C/99                                                                                                    Dated: 22-10-99

      Read the following: -

Sub: Andhra Pradesh CivilServices (CCA) Rules, 1991 - Rule 20 procedure for imposing major penalties - Inquiry into the charges by disciplinary authority by itself or appointment of Inquiring Authority - Certain instructions - Issued.

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Clauses (a), (b) and (c) of sub rule (5) of rule 20 of the Andhra Pradesh Civil Services (Classification, Control & Appeal) Rules, 1991 provide for enquiry into the articles of charges framed either by the disciplinary authority itself or by any Enquiry Officer appointed by the disciplinary authority. Also on receipt of the explanation from the delinquent officer for the charges framed against him, where ever the disciplinary authority proposes to conduct a detailed enquiry in cases, where in the opinion of such disciplinary authority, the charges, if proved, warrant imposing any penalty other than the minor penalties, it shall be necessary to appoint an Enquiry Officer instead of the disciplinary authority itself enquiring into such articles of charges. The Supreme Court of India in its Judgement in Manaklae Vs. Dr. Premchand Singhvi reported in (AIR 1957) SC 425 observed that the disciplinary authority shall have clear application of mind and unbiased view in dealing with the disciplinary cases against Government servants.

 

2. In view of these observations of the apex court, the disciplinary authority shall necessarily appoint an Enquiry Officer under the CCA Rules when the disciplinary authority proposes to conduct detailed enquiry in cases where in the opinion of such disciplinary authority, the charge if proved warrants imposing any major penalty instead of the disciplinary authority itself taking up the enquiry, unless such appointment of the Enquiry Officer becomes impossible in view of the non-availability of the officers in the Department. Such cases shall be very rare and generally would obtain in very small departments.

N.V.H. SASTRY

Secretary to Government

OPEN-CCA - References (Open)