GOVERNMENT OF ANDHRA PRADESH
Sub: Public Services -
Disciplinary Cases against Government Employees - Appointment of Departmental
Enquiry Officer - Instructions - Issued.
Ref: 1. G.O.Ms.No. 82, G.A. (Ser. C) Dept.,dated: 01-03-1996.
2. Govt. circularMemo. No.56183/Ser. C/99, dated: 15-10-1999.
3. Govt. Memo. No.46733/Ser.C/99, dated: 22-10-1999.
In the reference 1st cited, certain formats were prescribed under the Andhra Pradesh Civil Services (C.C.A.) Rules, 1991, among others, a format for appointment of Enquiry Officer under Rule 20 of the said Rules was prescribed. In the reference 2nd cited, a check list was prescribed on submission of Inquiry Report.
2. In the reference 3rd cited, instructions were issued, on the need for appointment of an Enquiry Officer under Rule 20 ofthe Andhra Pradesh Civil Services (C.C.A.) Rules, 1991 for imposing major penalty, instead of the Disciplinary Authority itself conducting inquiry into the charges. The Supreme Court of India in its judgment in Manaklal Vs. Dr.Premchand Singh reported in (A.LR. 1957) S.C. 425 observed that the Disciplinary Authority shall have clear application of mind and unbiased view in dealing with the disciplinary cases against Government Servants. In the light of observations of the Apex Court, the Disciplinary Authority shall necessarily appoint an Enquiry Officer under the Andhra Pradesh Civil Services(C.C.A.) Rules. 1991, when the Disciplinary Authority proposes to conduct detailed enquiry in cases wherein the opinion of such Disciplinary Authority, the charge if proved warrants imposing any major penalty, instead of 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.
5. The Departments in Secretariat, the Heads of Departments and District Collectors are requested to follow the above instructions scrupulously.
OPEN - CCA Rules - References (open)
(UnderMemo No.58414/Ser.C/2000-4, General Administration (Ser.C) Department, dated07.02.2001)
Memo No. Dated:
Sub:-Public Services -
Disciplinary Cases - Inquiry against Sri/Smt.(Designation and Department) - The
Accused Officer placed on defence before the Tribunal for Disciplinary
Proceedings - Orders - Issued.
Discreet enquiries conducted by the appropriate authority on allegations relating to corruption/ misappropriation/ misconduct against Sri/Smt. _______________ (Designation and Department) reveal prima-facie the need to probe the matter in detail. The Government have decided to entrust the case against the said individual(s) to the Tribunal for Disciplinary Proceedings for detailed and regular inquiry into the allegations.
Under rule 3 of the Andhra Pradesh Civil Services (Disciplinary Proceedings Tribunal)Rules, 1989, Sri / Smt. __________ (Designation and Department) is placed on defence before the Disciplinary Proceedings Tribunal to inquire into the allegation(s) ________ (Corruption/Misappropriation/ Misconduct), The Tribunal for Disciplinary Proceedings shall conduct enquiry as per rules and submit its report to the Government within the stipulated period.
The
Director General, Anti-Corruption Bureau shall furnish all relevant records and
material to the Tribunal for Disciplinary Proceedings to conduct inquiry.
COMPETENT AUTHORITY
