GOVERNMENT
OF ANDHRA PRADESH
GENERAL
ADMINISTRATION (SERVICES.C) DEPARTMENT
Memo.No:650/Ser.C/94-3
Dated:06-01-1995
Sub: A.P. CivilServices (CCA) Rules, 1991 - Rule 20 procedure for imposing major penalties -
Examination of Charged Officer by the Presenting Officer - Clarification -
Issued.
Ref. From the Director
of Treasuries and Accounts Lr.No. KI /29602/94- 3, dated 15-11-1994.
With
reference to the letter cited the Director of Treasuries and Accounts is
informed that the Departmental enquiry is not a dispute between two parties to
be decided by a third party. It is only a proceeding instituted by the
Government as employer, to satisfy itself if the employee has committed
misconduct. Technicalities of Criminal Law and the proof prescribed by Evidence
Act arc not applicable to Departmental enquiries; but the Enquiry Officer has
to follow the Rules governing departmental enquiries and also the principles of
natural justice.
Rule-20 of the Andhra Pradesh Civil Services (C.C.A.) Rules, 1991 lays down the
procedure to be followed during departmental enquiry. Sub-Rules 16 to 18 of
Rule 20 of Andhra Pradesh Civil Services (C.C.A) Rules, 1991 operate after the
"Presenting Officer" adduces the evidence in support of the charges
framed against the delinquent officer. Rule 20 (16) lays down that after the
case of the disciplinary authority is closed, the Govt. servant (i.e.,
delinquent) shall be required to state his defence orally or in writing, as he
may prefer. Thereafter, (as per Rules 20 (17)) evidence on behalf of the
delinquent officer should be adduced. As per Rule 20 (18), if the Government
servant has not examined, himself, the inquiring authority may generally
question the delinquent on the Circumstances appearing against him in evidence,
for the purpose of enabling the Government Servant to explain any circumstances
appearing in the evidence against him. The object of examining the delinquent
is only to give him an opportunity to explain the circumstances appearing
against him in the evidence adduced against him (i.e., the delinquent).
In
view of the above, the points raised in the letter cited are clarified as follows:
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i)
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Whether
the Charged Officer can be examined/cross examined by the presenting officer,
to elicit truth in support of the Articles of Charge: when the Charged Officer
does not prefer to the examination of himself as a Defence Witness and when
there are no other defence witnesses in this case. |
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"No" |
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ii)
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Whether
the enquiry officer can examine and cross examine, if necessary, the charged
officer in detail in the absence of any specific provision for examination of
charged officer by the Presenting Officer. |
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iii)
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Whether
the Defence Assistant for one Charged Officer can examine/ cross examine the
other charged officers in the same case, when. he prefers to do so.
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Defence
Assistant for one Charged Officer can examine the other Charged Officer only
if the other charged officer volunteers to give evidence. But a Charged
Officer cannot be compelled to give evidence at the instance of the other
Charged Officer. When one Charged Officer chooses to examine himself as
witness, the defence assistant of, (or) the other Charged Officer, can cross
examine, him, especially when such charged officer (who choose to examine himself)
were to speak anything incriminating against the other Charged Officer.
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A.
CHENGAPPA
Secretary
to Government
