GOVERNMENT
OF ANHRA PRADESH
ABSTRACT
PUBLIC SERVICES - State
and Subordinate Services - Promotion/Appointment of employees to higher posts
while investigation into allegations/disciplinary proceedings initiated against
them are pending - Revised Orders - Issued.
GENERAL
ADMINISTRATION (SERVICES· C) DEPARTMENT
G.O.Ms.No.424 Dated:25-5-1976
Read the Following :-
1. G.O.Ms.No. 790, G.A. (Ser-C) Dept.,
dt. 29-9-1970.
2. G.O.Ms.No. 211, G.A. (Ser-C) Dept.,
dt. 31-3-1975.
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ORDER:
Government
have carefully considered the existing instructions regarding 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, and have decided that the following procedure shall be followed
in such cases.
2. Officers who are facing enquiry, trial
or investigation can be categorised into the following groups based on the nature
of the allegations/charges pending against them or about to be instituted.
(i) an officer with a clean record, the
nature of charges/ allegations against whom relate to minor lapses having no
bearing on his integrity or efficiency, which even if held proved, would not
stand in the way of his being promoted;
(ii) an officer whose record is such
that he would not be promoted, irrespective of the allegations/charges under
enquiry, trial or investigation; and
(iii) 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.
3. The suitability of all officers
eligible for promotion including those mentioned above should be assessed at
the time of consideration of promotion by the Departmental Promotion Committee
or other authority, as the case may be. The Departmental Promotion Committee or
other authority may consider promotion of officers coming under category (i) above
and indicate the rank to be assigned to such officers in the promotion list,
notwithstanding the enquiry, trial or investigation. Similarly, supersession
may be recommended straightaway in respect of officers coming under category
(ii) on grounds of their being unfit for promotion. In the case of officers
coming under category (iii) 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 may make a
specific recommendation that their promotion should be deferred until after the
· termination of the disciplinary proceedings or criminal prosecution.
4. In the event of there being an officer
whose promotion has been recommended to be deferred, the vacancy that could
have gone to the officer should be filled only on a purely temporary basis by
the next person in the approved list of candidates for promotion. If the
officer concerned is completely exonerated, he should be promoted to the post
filled on a temporary basis, restoring him his rightful place in the list of
promoted officers with retrospective effect
5. In cases where an officer is under
suspension pending enquiry, investigation or trial the provisional withholding
of promotions would be justified and the instructions issued in G.O.Ms.No.790,
General Administration (Ser-C) dated 29-9-1970 would continue to apply.
6. This order issues in supersession of
the order issued in G.O.Ms.No. 211, General Administration (Services-C)
Department dated 31-3-1975.
(BY ORDER
AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
N. BHAGW
ANDAS
Chief
Secretary to Government
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