GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (SER.C) DEPT.
Cir.Memo.No.15813/Ser-C/2007 Dated: 11-09-2007
Sub: Public Services - State & Subordinate Services -
Promotion / Appointment of employees to higher posts while investigation into
allegations / disciplinary proceedings initiated against them are pending -
Orders - Issued - Reiterated.
Ref: 1)G.O.Ms.No.424, GA (Ser-C) Dept., dt. 25.5.1976.
2) G.O.Ms.No.104, GA (Ser-C) Dept., dt. 16.02.1990.
3) G.O.Ms.No.66, GA (Ser-C) Dept., dt. 30.1.1991.
4) G.O.Ms.No.257, GA (Ser-C) Dept., dt.
10.6.1999.
5) Cir.Memo.No.36500/Ser-C/2005, GA (Ser-C)Dept., dt.19.4.2006.
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In the G.O. 1st cited, orders were issued on
the procedure to be followed to assess the suitability of officer's eligibility
for promotion to next higher category and to categorize the officers who are
facing enquiry, trial or investigation into the following groups based on the nature
of allegations / charges pending against them or about to be instituted:-
(i) an officer with a clean record, the
nature of charges / allegations against whom relate to minor lapses having no
bearing on his integrity or efficiency, which, even if held proved, would not stand
in the way of his being promoted;
(ii) an officer whose record is such that he
would not be promoted, irrespective of the allegations / charges under enquiry,
trial or investigation; and
(iii) an officer whose record is such that he would have been promoted had he not been facing enquiry, trial or investigation, in respect of charges which, if held proved, would be sufficient to supersede him.
2.
The suitability of all officers eligible for promotion including those mentioned
above should be assessed at the time of consideration for promotion by the
Departmental Promotion Committee or other authority, as the case may be. The
Departmental Promotion Committee or other authority may consider promotion of
officers coming under category (i) above and indicate the rank to be assigned
to such officers in the promotion list, notwithstanding the enquiry, trial or
investigation. Similarly, supercession
may be recommended straightaway in respect of officers coming under category
(ii), on grounds of their being unfit for promotion. In the case of officers
coming under category (iii) the Departmental Promotion Committee or other
authority should consider whether such officer would have been recommended for
promotion, if the officer had his conduct not been under enquiry, trial or
investigation and make its recommendations and the rank to be assigned to him
in the promotion list. In such cases, the Departmental Promotion Committee may
make a specific recommendation that their promotion should be deferred until
after the termination of the disciplinary proceedings or criminal
prosecution.
3.
In G.O.Ms.No.104, G.A. (Ser-C) Dept., dt.16.2.90 orders were issued "that
promotion / appointment by transfer to higher post of an officer included in
the panel, if between the date of inclusion in the panel and the date of actual
promotion, disciplinary proceedings / investigation / enquiry / trial has been
taken up against such officer, whose case falls under the group referred to in
para-2 (iii) of G.O.Ms.No.424, G.A. (Ser.C) Dept., dt.25.5.1976 shall be
deferred, until after termination of all such proceedings. In the event, the
officer concerned is completely exonerated, he should be promoted / appointed
to the post restoring him his rightful place
with retrospective effect viz., with effect from the date on which his immediate
junior was promoted or from the date on which he would have been promoted, had
the enquiry / investigation / trial not been initiated against him, as the case
may be."
4.
In the G.O. 3rd cited orders were issued that promotion / appointment
by transfer to a higher post in respect of officers who are facing disciplinary proceedings or a criminal
case or whose conduct is under investigation and whose case falls under the
group referred to in para 2(iii) of G.O.Ms.No.424, G.A. (Ser.C) Department,
dt.25.5.1976 shall be deferred, only when charges of misconduct are framed by
the competent authority and served on the concerned delinquent officer or a charge
sheet has been filed against him/her in a criminal court, as the case may be.
5.
In the G.O. 4th cited, orders were issued to consider adhoc
promotion to the employees who are facing disciplinary cases, where such cases
are pending for more than (2) years from the date of the Departmental Promotion
Committee or Screening Committee meeting in which their cases were considered
for the first time.
6.
Instructions were issued in the reference 5th cited, for expeditious
completion of disciplinary cases against Government employees wherein it is
stated that if the delay is on the part of the Enquiry Officer in conducting
inquiry, disciplinary action will be initiated against such Enquiry
Officer for the delay.
7.
The orders / instructions issued in the references cited are reiterated and
direct the competent authority to ensure that the promotion to the Government
employees shall be considered in accordance with the orders / instructions and
procedure laid down. Wherever, the employees are facing disciplinary cases such
employees shall be considered in accordance with the categorization ordered in
G.Os 1st to 4th cited. It shall be ensured that the
employees are considered for promotion to their rightful place at right time as
per the orders in vogue. It should be the earnest endeavour of the Government
to meet the objective of a sense of satisfaction of the work force for the
smooth and efficient administration at all levels.
8.
All the Departments of Secretariat, Heads of Departments and District
Collectors should follow the above orders / instructions scrupulously and bring
it to the notice of all concerned.
J. Hari Narayan
Chief Secretary to Government
