GOVERNMENT
OF ANDHRA PRADESH
GENERAL
ADMINISTRATION (SC-E) DEPARTMENT
Memo.No.3263/SC-E/95-
I Dated
: 04-11-1995
Sub: Public Servants -
Attendance of witnesses on behalf of the Disciplinary Authority - Departmental
Enquiries conducted on the basis of the report of ACB - Instructions -
Reiterated.
Ref : 1. Govt. Memo. No. 3265/SC-E/86-2, Genl. Admn.
(SC-E) Dept., dated 6-1-1987.
2. Govt. Memo. No.
1311/SC-E/87-1, Genl. Admn. (SC-E) Dept., dated 25-6-1987.
3. Govt. Memo. No.
2462/SC-E/87-6, Genl. Admn. (SC-E) Dept., dated 5-3-1988.
4. Govt. Memo. No.
1470/SC-F/92-I, Genl. Admn. (SC-F) Dept., dated 25-8-1992.
5. From the Genl.
Admn. Department, U.O.NoteNo.202/CCI-Ch/92-28, dated 28-11-92.
@@@@@
Instructions
have been issued in the references cited to Heads of Departments, Departments
of Secretariat etc., to ensure that in disciplinary cases initiated on the
basis of the report of Anti-Corruption Bureau, the concerned Investigating
Officers are invariably associated with the enquiry to adduce evidence etc., as
provided for in Rule 1 (2) of Andhra Pradesh Civil Services (Classification,
Control and Appeal) Rules, 1963. The Heads of Departments and Departments of
Secretariat have also been requested to issue suitable instructions to the
officers under their control in this regard. It was also clarified that failure
to examine the witnesses and records will result in the Enquiry Officer not
coming to correct conclusion regarding the charges and the Government will take
serious note of the failure of Enquiry Officers to summon the concerned
Investigating Officers of the Anti-Corruption Bureau.
2.
Inspite of the above clear instructions issued in this regard, the Chairman,
Commissioner of Inquiries has brought to the notice of the Government in the
reference 5th cited an instance in which an enquiry relating to an
All India Service Officer, formerly Deputy Superintendent of Police, Anti-Corruption
Bureau (Investigating Officer), Presently working as Additional Superintendent
of Police, when summoned as witness on behalf of the Disciplinary Authority,
the reasons assigned for the absence of the witness and for request for
adjournment of enquiry elate was "in view of O.1.Gs. inspection of D.P.O.
Branches going on". This not only cause inconvenience to the Commissionerate
of Inquiries and upset its programme of hearing.
3.
The importance and necessity to associate-the Investigation Officer of the
Anti-Corruption Bureau in the Departmental enquiries initiated on their reports
were re-iterated in the references cited. The Investigating Officer could be in
a better position to adduce necessary evidence to examine the witnesses and
cross examine the defence witness during the enquiry.
4.
In view of the above, the Heads of Departments and Departments of Secretariat are
once again requested to follow instructions issued in the above references and
see that except for the most compelling reasons the departmental sub-ordinates
summoned as witnesses should not fail to appear for any hearing intimated by
the Enquiry Officers. Wherever there are really· compelling reasons for
inability to appear at an enquiry, the concerned should report the
circumstances to the Enquiry Officer well in advance of the date of hearing.
5.
Any failure in this regard will be taken serious note of by Government.
D.K.
PANWAR
Secretary
to Government (POLL)
