GOVERNMENT
OF ANDHRA PRADESH
GENERAL
ADMINISTRATION (SC-E) DEPARTMENT
U.O.Note
No.1005/SC.F/97-3 Dated
: 27-9-1997
Sub: Enquiries -
Departmental Enquiries - Entrustment of Departmental Enquiries to the newly
appointed members in the Commissionerate of Enquiries - Instructions - Issued.
Ref: 1. Govt. Memo.No. 1496/SC.F/86-4, E.A.
(SC.F) Dept., dated 16-07-86.
2. G.O.Rt.No.732,
G.A. (SC.F) Dept., dated 22-02-1989.
3. G.O.Rt.No.2172,
G.A. (SC.E) Dept., dated 15-05-1997.
4. G.O.Rt.No.4394,
G.A. (Spl.A) Dept., dated 16-08-97.
5. G.O.Rt.No.4816,
G.A. (SC.E) Dept., dated 30-08-97.
The
attention of all Departments of Secretariat is invited to the reference cited.
2) In the reference 1st cited,
instructions were issued to the appointing authorities to appoint the
Commissioner for Departmental enquiries as Enquiry Officer for conducting
departmental enquiries in terms of Rule 19 (2) (a) of A.P.C.S. (CCA) Rules,
1963. These rules were replaced by A.P.C.S. (CCA) Rules, 1991.
3) In the G.O. 2nd cited, orders were
issued constituting a Commissionerate of Enquiries consisting
of a Chairman and one Member for conducting departmental enquiries against the
Gazetted Officer of the State Government and all India Service Officers serving
in connection with the affairs of the State. In the G.Os. third, fourth and
fifth cited orders were issued strengthening and making the Commissionerate a
full-fledged one. The full-fledged Commissionerate comprises of a full-time
Chairman and six members.
4) It has been decided to entrust all
disciplinary cases pending and future requiring enquiries under the provisions
of AIS ( D&A) Rules, 1969 and A.P.C.S. (CC&A) Rules. 1991 to the Commissionerate
of Enquiries.
5) The Chairman, Commissionerate of Enquiries
will allocate the cases entrusted to the Commissionerate by the disciplinary
authorities for conducting enquiry under the relevant disciplinary rules to any
or its member, including himself. Besides, he coordinates the work among the
members, he will also interact with the Departments concerned to ensure that
the pending and future cases are entrusted to the Commissionerate or Inquiries
strictly in terms of the provisions of AIS (D&A) Rules, 1969 or A.P.C.S.
(CCA) Rules, 1991 as the case may be. The chairman will review
the progress of action taken by the concerned Departments on the final reports
of the Commissionerate of Inquiries. The Chairman will also coordinate the work
of appointment of Presenting Officers by the concerned departments to present
the case on behalf of the Disciplinary Authority before the Chairman and other
members of the Commissionerate.
6) All Departments of Secretariat, and
other disciplinary authorities are, therefore, requested to entrust all pending
and future disciplinary cases of Gazetted Officers of the State Government,
Non-Gazetted Officers of the State Government where ever considered necessary by
disciplinary authorities or the Government and, the Heads of Departments (other
than All India Service Officers) to the Commissionerate of enquiries, duly
following the procedure such as framing of charges, obtaining the written
statement of defence, consideration of the written statement of defence etc.,
as laid down in the provisions of A.P.C.S. (CCA) Rules. 1991.
7) The Disciplinary cases against All India
Service Officers serving in connection with the affairs of the State here major
or minor penalties arc proposed will also be entrusted to the Commissionerate
of Enquiries in terms of the relevant provisions of AIS (D&A) Rules, 1969.
8) All the Departments of Secretariat arc
requested to take action accordingly. They are also requested to acknowledge
the receipt of the U.O. Note.
P.K.
RASTOGI
Secretary
to Government (POLL)
