GOVERNMENT OF ANDHRA PRADESH
Sub: Public Services - Disciplinary
cases against Government employees Departmental Inquiries - Procedure to be
followed by fixing time schedule for processing Disciplinary matter - Further Instructions
- Issued.
Ref: U.O.Note No.19952/Ser.C/2000, G.A.(Ser.C) Dept.,dt. 27.04.2000.
In
a review meeting, conducted by the Chief Secretary to Government, with the Chairman
and other Members of the Commissionerate of Inquiries on 28.01.2002, Chief Secretary
emphasized on qualitative improvement in terms or disposal of inquiries without
undue delay and also in terms of preparing quality reports. It is necessary
that Disciplinary Authority anti Inquiring Authority do their respective job
seriously.
(1)
Undue delay in framing of charges and serving them on the Charged Officers from
the date of actual offence / irregularity etc. In some cases, years pass between
the date of occurrence and issue of charge memo to the charged persons.
(2) After obtaining the Written Defence Statement from the charged Officer, Disciplinary authority is taking a lot of time for considering it and for taking a decision about its satisfactoriness or otherwise. In most of the cases disciplinary Authority is not having access to records while considering the Written Defence Statement, thereby not only the matter is being delayed but the quality of verification is marred due to nonavailability of records.
(3)
The Disciplinary Authority is not supplying the records / material along with
the order of appointment of inquiring Authority. In some cases, it is taking
months / years in sending records, thereby delaying the enquiry.
(4)
Presenting Officer is not being appointed before entrustment of the case to the
Inquiring Authority. The Presenting Officer is not even supplied with copies of
Charge Memo. Written Defence Statement, access to the records.
(5) Adequate attention is not being bestowed by the Disciplinary Authority at the level of Head of the Department / Secretary of the department in the disciplinary cases.
(1) There should not be undue delay between the actual occurrence of offence / irregularity and framing of charges. The preliminary investigation and preliminary inquiry should be conducted quickly and if the outcome after examination of preliminary inquiry report reveals serious charge, then charges may be framed without further delay. It has been observed that this process is so delayed that the Charged Officer, in many cases. retires from service or the charges are framed at the verge of retirement. thereby delaying and sometimes escaping from punishment.
(2) As framing of charges is the initiation of the disciplinary process and as it is the essence of the allegation. it should not be drafted in very general terms, such as, negligence of duties. breach of conduct rules. conduct unbecoming of a Government Servant etc. The charges should be drafted in clear and appropriate terms, using simple language and it should give the connect picture. Detailed guidelines on proper framing of charges against officers have been issued vide U.O.Note No. 1041 SC./F/89-14. dated 16.08.1989 which may be strictly followed. While preparing the draft charges, the Disciplinary Authority should have all the records and other materials with it for verification of the facts mentioned in the charges. Simply accepting the draft charges sent by the preliminary enquiry officer / Investigating Officer without verifying them with reference to records shall not be resorted. The charges should have enough documentary support for pursuing it. The witnesses selected should speak of the charges and with reference to the records. If the witness is an official witness. senior officers connected with the matter should be selected as witness. The charges so drafted should immediately be served on the Charged Officer and his written defence statement should be obtained and duly examined.
(3) Obtaining of written defence statement from the charged person and verifying it for its satisfactoriness or otherwise, of course with reference to the records is a must. It should be attended by a senior Officer and not by the lower rank officers. If the Written Defence Statements are perused carefully with reference to records. it will give a clear picture whether the charges can be proceeded with or not and also whether there is enough documentary support to prove the charges.
(4) Presenting Officer is an essential and important functionary in conduct of departmental inquiries. He plays an important role because he has to present the case of Disciplinary Authority successfully on behalf of the Disciplinary Authority before the inquiring Authority. The Presenting Officer should therefore be well conversant with the case and for this he should be provided with copies of Charge Memo. Written defence statements. and access to all the connected records / material well in advance of his appearance before the Inquiring Authority. The Disciplinary Authority should brief the Presenting Officer adequately and give him full support and cooperation for his successful presentation of the case before the Inquiring Authority. If the Presenting Officer is a Government Servant he should be senior enough and should have enough knowledge of the case for presentation before the Inquiring Authority.
(5) Disciplinary Authorities are not sending the records to the inquiring Authority in time or along with the order of appointment of Inquiring Authority. The Disciplinary Authorities are, therefore, requested to send all connected records to the Inquiring Authority along with appointment order. They should not ask the Head of the Departments concerned to send the records directly to the Inquiring Authority without themselves examining them first.
(6) Most of the deficiencies noticed in the course of enquiries can be avoided, if disciplinary authority at the level of Secretary / Principal Secretary / Special Chief Secretary bestow personal attention to disciplinary cases. The Head of the Department also should peruse the records before they submit them to Secretariat Department. Unless the higher officials show personal interest and best0w necessary importance to these matters, without treating them as routine files, the subordinate officials will also not show urgency in dealing with these cases and as a result, building up of a case against a delinquent official will lose its purpose, ultimately. If senior officers who are responsible for lapses escape punishment and only junior officers faces enquiries, then the reputation of Government will be tarnished. It is, therefore, quite imperative that all the senior officials of various Departments viz., Secretaries / Principal Secretaries / Special Chief Secretaries may show personal attention to these Disciplinary cases.
(7) It is often noticed that because of undue delay between the occurrence of an incidence of negligence / lapse. the really guilty escapes. Sometimes they retire and the period of four years elapse in between retirement and initiation of disciplinary proceedings and the case become time-barred and no action against the guilty officer is possible under the provisions of the Andhra Pradesh Revised Pension Rules, 1980. In view of this, it is desirable that within one year from the receipt of preliminary enquiry report / detailed enquiry report, all proceedings against the Charged Officer should be completed. If there is undue delay, the file should be circulated to the Chief Secretary / Minister concerned and specific· time schedule should be indicated for disposal of the case and their approval taken. This will reduce scope for undue delay and consequent non-action against guilty officers
7. The receipt of this memo may be
acknowledged.
