OPEN - CCA Rules - References (open)
GOVERNMENT
OF ANDHRA PRADESH
GENERAL
ADMINISTRATION (SERVICES-C) DEPT.
Cir.Memo.No.1271
/Ser.C/2008 Dated:21-01-2008
Sub: Public Services -
Instructions of Central Vigilance Commission, Government of India - Expeditious
disposal of enquiry of disciplinary cases involving public servants due to
retire shortly - Reg.
2. Memo.No.23537 /Ser.C/1999-5, G.A. (Ser.C) Dept., dt. 28.07.1999.
3. U.O.NoteNo.19952/Ser.C/2000, G.A. (Ser.C) Dept., dt. 27.04.2000.
4.Memo.No.51883/Ser.C/2002-2, G.A. (Ser.C) Dept., dt.19.12.2002.
5.Cir.Memo.No.36500/Ser.C/2005, G.A. (Ser.C) Dept., dt. 19.04.2006.
6. From Central
Vigilance Commission, Government of India, Office order No.34/9 /07, dt. 27.09.2007.
In
the reference 1st cited instructions were issued that in all
disciplinary cases the enquiry should be completed within three months in
simple cases and five to six months in complicated cases. Further it has been
requested therein that the Secretaries to Government should review the progress
of the enquiries of all disciplinary cases and submit a note on the cases
pending beyond the stipulated time to Chief Secretary to Government and also to
the Chief Minister, in order to ensure timely action in all disciplinary cases
and to adhere to the time limit prescribed.
2. In the reference 2nd
and 3rd cited a time schedule was prescribed to expedite
Departmental Enquiries. In the reference 4th cited the said instructions were
reiterated for strict compliance. In the reference 5th cited, it has
been ordered that the Enquiry Officers are liable for disciplinary action for
their failure to complete the Enquiry within the stipulated period and the
Enquiry Officers should invariably take permission from the concerned
disciplinary authorities by duly submitting detailed reasons for continuing the
departmental enquiry beyond the stipulated period.
3. The Central
Vigilance Commission, Government of India, in reference 6th cited,
(Copy enclosed) have stated that detailed instructions issued on the
pre-requisites for seeking first / second stage advice of the Commission,
include bio-data of Suspended Public Servant / Charged Officer, which
inter-alia contains the date of superannuation and serves as a guide for the
Chief Vigilance Officer / Disciplinary Authority so as to enable him to handle
the case at a pace that should complete the action well in time. But the CVOs /
DAs often tend to lose sight of the superannuation dates, thereby creating
situations which serve to the advantage of the SPS/COs and this becomes
infructuous in organizations where the Conduct Rules do not provide for
continuance of disciplinary action after retirement. The Central Vigilance
Commission emphasized once again that all Vigilance / Administrative
Functionaries in an organization must invariably keep in mind the date of
superannuation of the SPS / CO while handling disciplinary cases and anyone
found to have consciously ignored the fact should be held accountable for the
delay that may lead to the eventual dropping of the proceedings.
4. In view of the
above, the instructions issued in the references 1st to 5th
cited are hereby reiterated. Government further direct that all Chief Vigilance
Officers / Disciplinary Authorities must invariably keep in mind the date of
superannuation of the SPS / CO while handling disciplinary cases and complete
the disciplinary action well in time and anyone found to have consciously
ignored this fact should, be held accountable for the delay that may lead to the
eventual dropping of the proceedings.
5. All the Departments
of Secretariat, Heads of Departments, District Collectors shall follow the
above orders / instructions scrupulously and bring it to the notice of all
concerned.
Prabhakar D. Thomas
Principal Secretary to Government (Accom.) & Secretary to Government (Services) (FAC)
