GO.Ms.No:66, Dt:30-01-1991 | Disciplinary Proceedings are pending | Promotion

CCA Rules - References (open)

GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

Public Services - State and Subordinate Services - promotion/appointment of employees to higher posts while investigations/disciplinary proceedings initiated against them are pending - further orders - Issued.

GENERAL ADMINISTRATION (SERVICES. C) DEPARTMENT

 

G.O.Ms.No. 66                                                                                                                          Dated: 30-01 -1991.

 

         Read the following: -

1. G.O.Ms.No. 424, G.A. (Ser.C) Dept. Dt: 25-5-76.

2. G.O.Ms.No. 187, G.A. (Ser.B) Dept., Dt: 25-4-85.

3. G.O.Ms.No. 104, G.A. (Ser.C) Dept., Dt: 16-2-90.

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ORDER:

In the G.O. first and second read above instructions have been issued, among other things, for consideration of 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 per the procedure laid down therein. In the G.O. third read above, instructions have been issued that promotion / appointment by transfer to higher post of an officer included in the panel, in 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. first read above. shall be deferred, until after termination of all such proceedings.

 

2. The Supreme Court in State of MadhyaPradesh Vs. Bani Singh. 1990 Crl.L.J.1315 has observed as follows: -

"Normally, pendency or contemplated initiation of disciplinary proceedings against a candidate must be considered to have absolutely no impact upon to his right to be considered. If the departmental enquiry had reached the stage of framing of charges after a prima facie case has been made out, the normal procedure followed as mentioned by the Tribunal was 'sealed cover' procedure but if the disciplinary proceedings had not reached that stage of framing of the charge after prima facie case is established the consideration for the promotion to a higher or selection grade cannot be withheld merely on the ground of pendency of such disciplinary proceedings. Deferring the consideration in the Screening Committee Meeting held on 26-11- 1980 on this ground was therefore unsupportable."

 

3. In another case. in C.O. Armugam and others Vs. State of Tamil Nadu & others 1990 (1) S.LR. P. 298 the Supreme Court observed thus:

 

"It is necessary to state that every civil servant has a right to have his case considered for promotion according to his tum and it is a guarantee flowing from Arts. 14 and 16(1) of the Constitution. The consideration of promotion could be postponed only on reasonable grounds. To avoid arbitrariness, it would be better to follow certain uniform principle. The promotion of persons again.st whom charge has been framed in the disciplinary proceedings or charge-sheet has been filed in criminal case may be deferred till the proceedings are concluded They must, however, be considered for promotion if they are exonerated or acquitted from the charges. If found suitable they shall then be given the promotion with retrospective effect from the date from which their juniors were promoted."

 

4. It is obvious from the above observations of the Supreme Court that a promotion of member of service can be deferred if in the departmental enquiry or criminal case instituted against him a charge has been framed or a charge-sheet has been filed against him as the case may be

 

5. Govt. therefore, hereby direct that promotion / appointment by transfer to a higher post in respect of officers who are facing disciplinary proceedings or a criminal case or whose conduct is under investigation and whose case falls under the ground referred to in para 2 (iii) of the G.O. first read above, shall be deferred, only when charges of misconduct are framed by the competent authority and served on the concerned delinquent officer; or a charge sheet has been filed against him in criminal court, as the case may be.

 

6. The instructions issued earlier in the G.Os. read above which are not consistent with these orders, should be deemed to have been modified to the extent necessary.

 

(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

 

V.P. RAMA RAO

Chief Secretary to Government

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State and Subordinate Service Rules - References (open)