GOVERNMENT
OF ANDHRA PRADESH
GENERAL
ADMINISTRATION (SPECIAL-B) DEPARTMENT
U.O.
Note No. 599/Spl. B/99-1. Dated:
31-05-2001.
Sub: Preparation of draft
articles of charges by Administrative Department concerned duly obtaining
material from Investigating Agency i.e. G.A. (V & E) Dept. - Instructions
Issued.
Ref: 1. U.O.Note
No.3095/SC.C/97-2. Gen. Admn. (SC. E) Dept. dt: 31-03-1998.
In
the U.O. Note cited, instructions were issued to all Departments of Secretariat
and heads of Departments to obtain draft articles of charges and other material
etc. as per the provisions laid down in AIS (D&A) Rules and A.P.C.S. (CCA)
rules, 1991 from the General Administration (V&E.) Department in respect of
the enquiries conducted by the said agency before initiating disciplinary
proceedings against Government Servants.
2. The Director General (Vigilance and
Enforcement) and Ex-Officio Principal Secretary to Government has stated that
the G.A. (V &E) Dept. is only an Inquiring Authority, and all its
recommendations pertain to various enquiries conducted by them are purely
recommendatory in nature and it is for the Administrative Department concerned
to take action on the recommendations. The Director General has also stated
that the draft articles of charges statement of imputations etc. should be
prepared by the Administrative Department concerned as they do not have any
legal cell or legal advisor unlike ACB. Since the instructions .issued in the
U.O. Note cited resulted in bringing pressure on them to furnish the draft
articles of charges, etc. pertaining to the enquiry conducted by them, the D.G.
has requested to cancel the instructions issued in the U.O. Note cited and
entrust the work of preparation of draft articles of charges, imputations etc.
to the Enquiry Officers appointed, then to conduct enquiries based on the
reports / recommendations of Vigilance and Enforcement Department in accordance
with the A.P.C.S. (CCA) Rules. The D.G. has further informed that the G.A. (V
&E) Dept. will continue to extend all co-operation by associating
themselves with the Officers of Administrative Departments concerned in
conducting the enquiries whenever necessary as advised by the Vigilance
Commissioner.
3. After carefully examining the matter in
consultation with the Vigilance Commissioner. Government hereby issues the
following instructions in supersession of the instructions issued in the UO.
Note cited:
(i) All Departments of Secretariat and Heads of Departments are requested to entrust preparation of the draft articles of charges, statement of imputations etc. utilizing their own resources. Administrative Departments should develop the needed expertise and it will stand them in good stead in pending disciplinary cases arising within the Department.
(ii) The Director
General and Ex-Officio Principal Secretary to Government, General
Administration (Vigilance and Enforcement) Department is requested to issue
necessary instructions to all the Investigating Officers and other Officers in
his Department to send all the documents along with their report of inquiry /
investigation or in due course. They will also render assistance in identifying
the witnesses and documents to be cited in support of articles of charge and in
securing appearance of witnesses at the inquiry. Where it is considered
necessary an officer of the V. E. Dept. may be appointed as Presenting Officer.
All
the Departments of Secretariat and Heads of Departments are requested to follow
the above instructions with immediate effect.
ANIL
KUMAR KUTTY
Secretary
to Government (Poll)
