UO.Note No:2776, Dt:03-12-1998 | CCA Rules - Suspension | Review

GOVERNMENT OF ANDHRA PRADESH

GENERAL ADMINISTRATION (SC.E.) DEPT.

 

U.O.Note No:2776/SC.E/98-I                                                                                                      Dated: 3-12-1998

Sub: Public Servants - Disciplinary Cases - Review of Orders of suspension against Government Servants - Instructions - Issued - Reg.

 

Ref:  1) G.O.Ms.No:480.Genl. Admn. (Ser.C) Dept., dt.07-09-1993

  2) G.O.Ms.No:86,Genl. Admn. (Ser.C) Dept., Dt.08-03-1994.

 3) From the Vigilance Commissioner, A.P. Vigilance Commission, D.O. Letter No. 1974/VC.F 1/98-1. dated 27-11-1998.

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In the G.O. 2^nd cited while reiterating the instructions issued in the G.O. 1^st cited, further orders were issued with regard to review of orders of suspension against Government Servants as follows:

 

i)       The order of suspension against a Government Servant shall he reviewed at the end of every six months.

 

ii)    The appropriate reviewing authority should take a decision regarding continuance or otherwise of the employee concerned under suspension, with reference to the nature or charges. where delay in finalisation. or enquiry proceedings cannot he attributed to the employees or when there is no interference from the employee· in facilitating the enquiry.

 iii)    An outer time limit be provided as two years from the date of suspension, failing which the Public Servant may have to be reinstated without prejudice to the proceedings being pursued. However, in exceptional cases, considering the gravity of the charges, one could be continued under suspension even beyond a period of two years, especially in cases where there is deliberate delay caused due to non-co-operation of the employee concerned.

 iv) The concerned Principal Secretary / Secretary of the Department should review the suspension cases of their Department at an interval of six months with the representative from the Anti-corruption bureau, if the proceedings arose out of the investigations conducted by the Anti-Corruption Bureau and make suitable recommendations as to the desirability or otherwise for the further continuance of the Officers under suspension.

2. With regard to the above-mentioned orders, the A.P. Vigilance Commission have made the following observations.

1) that the Departments of Secretariat are referring cases for reinstatement into service of the suspended employees in a routine manner to the Vigilance Commission.

 

2) that the Government Departments do not appear to be conducting the half yearly reviews of suspension of Government Servants (Accused Officers) with the representatives of Anti-Corruption Bureau and that whenever such reviews are conducted, the cases are referred to the Vigilance Commission without furnishing the following infomation:

 

i)   Whether the delay in finalisation of enquiry proceedings cannot be attributed to the employees;

ii)  Whether the suspended employee is co-operating with the prosecution agency in facilitating the enquiry.

iii) Whether the suspended employee is attending the Court whenever summoned for hearing;

 

3. The mailer has been carefully considered by the Govt. and the Government while reiterating the orders issued in the G.O. 2^nd cited also direct that all the Government Departments should obtain the information as mentioned in sub para 2 (i), (ii) and (iii) or para 2 above from the Anti-Corruption Bureau whenever necessary and then propose action as to whether to continue the Government Servant (Accused officer) under suspension or to reinstate him as the case may be.

4. The Departments of Secretariat arc also directed to consult the Andhra Pradesh Vigilance Commission invariably before taking a decision in the matter as per the scheme of the Vigilance Commission.

M.V.S.PRASAD

Secretary to Government (Political) 

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