GOVERNMENT OF ANDHRA PRADESH
GENERAL ADMINISTRATION (SC.E) DEPT.
U.O.Note No.2715/SC.E3/98-9 Dated:
28-6-99
Read the following: -
Sub:
Public Servants - Acquittal by the Courts of ACB and SPE, based on the
judgement of the Supreme Court in Raj Deo Sharma V State of Bihar -
Instructions regarding revocation of suspension, regularisation of suspension
period etc., - Issued.
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It has been brought to the notice of the
Government that following the decision of the Supreme Court in Raj Deo Sharma
Vs. State of Bihar, certain special Courts for ACB & SPE Cases are
dismissing pending ACB cases in a routine manner on technical grounds without
deciding the case on merits, solely on the ground that two years period has
elapsed within which prosecution evidence has not been completed. Consequent on
such acquittals by the trial Courts, on technical grounds, the Accused Officers
are representing and that the Departments are referring files to Vigilance
Commission for (i) revocation of suspension orders, if they are under
suspension and reinstatement in service (ii) regularisation of the suspension
period if they have already been reinstated into service etc.
2.
All the Departments of Secretariat are informed that the Government have
decided that, in cases of judicial acquittal based on the Supreme Court
decision in the Bihar case, appeals should be filed in the High Court and
Special Leave Petitions / Review Petitions should be filed in Supreme Court.
All Departments of Secretariat are requested that, pending outcome of the
appeals / Special Leave Petition / Review Petition, no action to revoke
suspension or regularise the period of suspension to close the case or to
confer consequential reliefs etc., should be taken up.
3.
All the Departments of Secretariat are requested to comply with the above
instructions in the matter.
M.V.S. PRASAD
Secretary to Government (POLL)
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