Cir. memo. No.56183/Ser.C/99 Dt.:
15.10.1999
Ref: Circular memo.No.20922/Ser.C/99-l, GA (Ser.C) Dept., dt. 28.09.1999.
It has been observed that the Enquiry Officers appointed under rule 20(2) of the A.P. Civil Services (Classification, Control & Appeal) Rules, are preparing the enquiry report in many different ways. No uniform structure is being followed. In order to guide the Enquiry Officers in preparing the report of enquiry, it has been considered that a suitable format be prescribed. Accordingly, a format of "Enquiry Report" has been prepared and enclosed herewith for necessary guidance/ use of the Enquiry Officers.
2. A check List of the action in respect of "Suspension" of Government employees in disciplinary cases is also communicated herewith. The disciplinary authorities are requested to keep in view the check list while considering the need to place a member of the staff under suspension.
3. The departments of Secretariat, the Heads of Departments and the District Collectors are requested to follow the Check list in dealing with disciplinary cases and also bring them to the notice of all other concerned authorities.
4.
The receipt of the Memo may be acknowledged.
Shri/Smt. ..................................................................................................................
Submitted by
2. Sri ................................. (Name & Designation) was appointed as Presenting Officer in terms of Rule 20 (5)(c) of AP Civil Services (CC&A) Rules, 1991 (in case a presenting Officer is appointed).
3. Participation by the Charged Officer in the inquiry and Defence Assistants available to him/her.
The charged Officer participated in the inquiry from beginning to end. He was assisted by Shri ......................... of the O/o .......................... as Defence Assistant throughout the inquiry proceedings.
4. Article of Charge and substance of Imputation of misconduct or misbehaviour.
The following (three) articles of charge have
been framed against Shri .............
Article No. I
Article No. II
Article No. III
According to the statements of imputation of misconduct or misbehaviour ............................ (here the substance of imputation of misconduct or misbehaviour be given in brief). (list of exhibited documents as shown in Annexure-1 and list of witnesses as shown in Annexure-11.
5.
Case of the Disciplinary
Authority.
(The case of the disciplinary authority should be discussed with reference to the documentary and oral evidence available in support of the charges, separately for each charge).
6.
Case of the Defendant
(The case of the defendant including points made out by him in his defence evidence, his written statement of defence and in brief. These should be discussed charge wise highlighting the arguments on the basis of which he has refuted the charges levelled against him.)
7.
Analysis and Assessment of
Evidence
The Inquiry Officer has to give his own logical and reasoned analysis and assessment of evidence in respect of each charge separately.
8.
Findings
On
the basis of documentary and oral evidence adduced in the case before me and in
views of the reasons given above, I hold that the following charge is proved/
not proved against Shri ....................................
Charge
No.l
Charge
No.2
Charge
No.3
Charge
No.4
9. Annexure-1 containing List of Executive documents and Annexure-II Containing list of Witnesses examined are enclosed.
|
(i) |
Whether
the order of Suspension is in the format prescribed in G.O.Ms.No.411, G.A. (Ser.C) Dept., dt. 28.07.1993 read with G.O.Ms.No.59 Fin. & Pig.
(F.W.FR.I) Dept., dt. 07-03-1995.
|
|
Yes/
No |
|
(ii) |
Whether the orders for payment of Subsistence allowance issued in accordance with FR.53 |
|
Yes/
No |
|
(iii) |
Whether the order of suspension is reviewed by the authorities empowered according to the orders issued in G.O.Ms. No.480, G.A.(Ser.C) Dept., dt. 07.09.1993 and also in G.O.Ms.No.86, G.A.(Ser.C) Dept., dt. 08-03-1994, as the order of suspension shall be in force till conclusion of Disciplinary Proceedings. |
|
Yes/
No |
|
(iv) |
While reviewing the order of suspension, whether the quantum of payment of subsistence allowance is reviewed in terms of G.O.Ms.No.296, Fin. & Pig. (FW.FR.11) Dept. dt. 14.10.96. |
|
Yes/
No |
|
(vii) |
Whether the instructions issued in Memo.No.554/ Ser.C/93-6, GA (Ser.C) Dept., dt. 26.12.94 in disciplinary cases arising out of ACB reports in order to place a member of service under suspension are observed. |
|
Yes/
No |
|
(viii) |
Whether
the period of Suspension is regulated in terms of F.R.54-B Conclusion of
disciplinary proceedings. |
|
Yes/
No |
