GOVERNMENT
OF ANDHRA PRADESH
GENERAL
ADMINISTRATION (SPL. C) DEPARTMENT
Circular
Memo.No.664/Spl.C/A.1/2004-1 Dated:06-12-2004
Sub: Public Servants -
Disciplinary Cases in consultation with Vigilance Commission - Reiteration of instructions-Regarding.
Ref: 1. G.O. Ms. No. 421, G.A. (SC. D) Department,
Dated: 03-08-1993.
2. G.O. Ms. No.
147, G.A. (Spl. B) Department, Dated: 01-05-2000.
3. U.O.Note No.235/Spl.
B/2001-1, G.A. (Spl.B) Dept, Dt:26-07-2001.
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Instructions
were issued in the G.O. 2nd cited, among others, that all cases of corruption
and other irregularities which are covered under Para of the Scheme of the
Vigilance Commission issued in the G.O. first cited; irrespective of the fact
whether Anti-Corruption Bureau or other Authorities including Departmental
Authorities which enquired into the irregularities, should be referred to
Vigilance Commission for its advice.
2. Though
instructions were issued vide references 1st to 3rd cited,
it is brought to the notice of the Government that, various authorities
including the Departments of Secretariat, quite often, do not refer al! such
cases to Vigilance Commission before passing final orders in disciplinary cases
involving vigilance angle. Titis is more frequent in the Offices of HODs,
Government Undertakings and other Institutions like Co-operative Bodies and
Government Companies. Titis is leading to a situation where sometimes misplaced
sympathy is shown by various authorities and guilty is not punished adequately
commensurate with the guilt. This also has led to a situation wherein similar
type of lapses somebody escapes with lesser penalty, somebody gets more. To
avoid such situation, all Departments of Government, HODs. Government
Undertakings, Co-operative Bodies, Local Bodies etc. are hereby instructed to
follow the instructions which are reiterated as follows:
(1) All cases of
misconduct on the part of Public Servants involving lack of integrity which
have a vigilance angle viz., illegal gratification, bribery, causing loss to
Government and unlawful gain to self or others and such other acts of
corruption and criminal misconduct like misappropriation, cheating, fraud etc.,
should be referred to the Vigilance Commission for its advice.
(2) Other cases of
misconduct involving administrative lapses which have no vigilance angle. need
not be referred to Commission for its advice.
3. In the event of
doubt whether a case has a vigilance angle or not, may be decided at the level
of Secretary to Government of the Department concerned. The Andhra Pradesh
Vigilance Commission. will however, continue to be at liberty to call for any
file at any time in terms of para 3 of G.O. 1st cited.
4. The Circular
Memo, should be acknowledged.
CHITTA
RANJAN BISWAL
Principal
Secretary to Government (POLL.)
