OPEN - DPC Rules - References (open)
GOVERNMENT
OF ANDHRA PRADESH
ABSTRACT
Public-Services - State
and Subordinate Services - Promotion /appointment of employees to high~ posts
while investigation into allegations/disciplinary proceedings initiated against
them are pending - Further instructions - Issued.
GENERAL
ADMINISTRATION (SERVJCES.C) DEPARTMENT
G.O.Ms.No.
104, Dated:
16-2-1990.
Read the following: -
1. G.O.Ms.No. 790, Gen. Admn. (Ser. C)
Dept., Dt: 29-9-1970.
2. G.O.Ms.No. 211, Gen. Admn. (Ser. C)
Dept., Dt: 31-3-1975.
3. G.O.Ms.No. 424, Gen. Admn. (Ser. C)
Dept., Dt: 25-5-1976.
4. O.M.No. 22011/2/86-Estt.(A), Dt:
12-1-1988, Govt. of India, Dept., of Personnel and Training.
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ORDER:
In the
G.O. third read above, instructions have been issued, among other things, for
consideration of the claims for promotion of officers who are facing enquiry in
any Departmental proceedings or before a criminal court or whose conduct is
under investigation and against whom Departmental proceedings or criminal
prosecution is about to be instituted as pee the procedure laid down therein.
It has also been ordered in para 2(iii) of the said G.O. that in the case of an
officer whose record is such that he would have been promoted had he not been
facing enquiry, trial or investigation. in respect of charges which. if held
proved, would be sufficient to supersede him, the Departmental Promotion
Committee or other authority should consider whether such an officer would have
been recommended for promotion, if the officer, had his conduct not been under
enquiry, trial or investigation and make its recommendations and the rank to be
assigned to him in the promotion list In such cases, the Departmental Promotion
Committee or other authority may make a specific recommendation that their
promotion should be deferred until after the termination of the disciplinary
proceedings or criminal prosecution.
However,
there are no instructions to defer promotion/appointment to higher post of an
officer included in the panel, if between the date of such inclusion in the panel
and actual date· of promotion, investigation/enquiry/trial has been taken up against
an officer so included in the panel and the charges are serious enough to warrant
categorisation of that officer into the group referred to in para 2 (iii) of
the G.O. third read above. The Government of India. have issued instructions in
their O.M. fourth read above to defer promotion/appointment in such cases,
until after the termination of such proceedings.
The
Government have examined the issue., keeping in view the instructions issued by
the Government of India in this regard, and decided that promotion / appointment
by transfer to higher post of an officer included in the panel, if between the
date of inclusion in the panel and the date of actual promotion. disciplinary proceedings
/ investigation / enquiry / trial has been taken up against such officer, whose
case falls under the group referred to in para 2 (iii) of the G.O. third read
as mentioned in para 1 above shall be deferred, until after termination of all
such proceedings. In the event, the officer concerned is completely exonerated,
he should be promoted / appointed to the post restoring him his rightful place
with retrospective effect viz., with effect from the date on which his
immediate junior was promoted or from the date on which he would have been
promoted, had the enquiry / investigation / trial not been initiated against him.
as the case may be.
All
Departments of Secretariat/Heads of Departments are requested to follow the
above instructions scrupulously and bring them to the notice of all concerned.
(BY ORDER
AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
G.R. NAIR
Chief
Secretary to Government
OPEN - DPC Rules - References (open)
