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.
"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 c~ 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 po.st 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
OPEN - DPC Rules - References (open)
