GOVERNMENT
OF ANDHRA PRADESH
ABSTRACT
Public Services - State
and Subordinate Services - Promotion/Appointment to higher posts of Officers -
Who are involved in Enquires - Further Orders - Issued.
GENERAL ADMINISTRATION
(SER.C) DEPARTMENT
G.O.Ms.
No. 74 Dated: 24-2-1994
Read the following: -
1. G.O.Ms.No. 424. G.A. (Ser.C) Dept.,
dated 25-5-1976.
2. G.O.Ms.No.104. G.A. (Ser.C) Dept.,
dated 16-2-1990.
3. G.O.Ms.No. 66. G.A. (Ser.C) Dept.,
dated 30-1-1991.
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ORDER
In the
G.Os read above, instructions have been issued for consideration of the claims
for promotion of Officers who are facing enquires 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.
2. During the meeting of Secretaries to
Government held on 7-7-1992, the issue of inordinate delays in finalising
enquiries both Departmental and Anti-Corruption Bureau resulting in hardship to
the employees, was discussed and an Officers' Committee was constituted, to
examine, among others, the issue of "Promotion of Officers" involved
in Enquires and to submit proposal for review of the Existing instructions. The
Committee has accordingly made certain recommendations which have been accepted
by the Standing - Sub- Committee of Secretaries to Government in their meeting
held on 6- 12-1993.
3. Keeping in view the said
recommendations and the procedure and guidelines issued by the Department of
Personnel and Training, Ministry of Personnel, Public Grievances and pension,
Government of India vide their Memorandum No. 22011/4/91, Estt.A, dated
14-9-1992. Government direct that the following procedure be followed for
promotion of Officers against whom disciplinary cases are pending:
4. The appointing authorities concerned
should specifically bring to the notice of Departmental Promotion
Committee/Screening Committee the following categories of disciplinary cases
i)
Officers under suspension.
ii) Officers in respect of whom a
charge sheet has been issued and the disciplinary proceedings
an: pending.
iii) Officers in respect of whom
prosecution for a criminal charge is pending.
5. The Departmental promotion Committee/Screening
Committee shall assess the suitability or the Officers coming within the
purview of the circumstances mentioned above, along with other eligible
candidates following the procedure prescribed in G.O.Ms.No. 424, G.A. (Ser.C)Department, dated 25-5-1976.
6. In cases where the Officer’s promotion
is differed in terms of G.O.Ms.No. 424, Genl. Admn. (Ser.C) Dept., dt.25-5-1976 and the proceedings have not been disposed, of, such cases should be
reviewed by the Departmental Promotion Committee in its next meeting to
ascertain the progress made in the Disciplinary proceedings/Criminal
Prosecution and further measures taken to expedite completion.
7. There may be some cases, where the
disciplinary case/criminal prosecution against the Officers is not concluded
even after the expiry of two years from the date of the meeting of the first
Departmental Promotion Committee. In such a situation, the appointing authority
may review the case or the Officers, provided they are not under suspension, to
consider' the desirability of giving the adhoc promotion, keeping in view the
following aspects:
a) Whether the promotion of the Officer
will be against public interest.
b) Whether the charges are grave
enough, to warrant continued denial of promotion.
c) Whether there is any likelihood of
the case corning to a conclusion in the near future.
d) Whether the delay in the finalisation
of proceedings, departmental or in a Court of Law, in not directly or indirectly
attributable to the Officer concerned.
e) Whether there is any likelihood of
misuse of Official position which the Officer may occupy after adhoc promotion,
which may adversely affect the conduct of the departmental case/criminal prosecution.
8. If the disciplinary proceedings arose
out of the investigations conducted by the Anti-Corruption Bureau the
Anti-Corruption Bureau should also be consulted and its
views should be taken into account.
9. In case the appointing authority
consider that ii would not be against the public, interest to allow adhoc
promotion to the Officer concerned, his case should be placed before the next
Departmental Promotion Committee held in the normal course to decide whether
the officer is suitable for promotion on adhoc basis. Where the Officer is
considered for adhoc promotion, the Departmental Promotion Committee should
make its assessment on the basis of the totality of the individual's record of
service without taking into account the pending disciplinary case/criminal prosecution
against him/her.
10. If a decision is taken to promote an
Officer on an adhoc basis. an order of promotion may he issued making it clear
in the order itself that
i) the promotion is being made on
purely adhoc basis and the adhoc promotion will not confer any right for
regular promotion: and
ii) the promotion shall be until
further orders. It should also be indicated in the orders that the Government
reserve the right to cancel the adhoc promotion and revert at any time the Officer
to the post from which he was promoted.
11. If the Officer concerned is acquitted
in the criminal prosecution on the merits of the case or is fully exonerated
in the departmental proceedings, the adhoc promotion already made may be
confirmed and the promotion treated as a regular one from the date of the adhoc
promotion with all attendant benefits. In case the Officer could have normally
got his regular promotion from a dare prior to the date of his adhoc promotion
with reference to his placement in the Departmental Promotion Committee
proceedings and the actual date of promotion of the person ranked immediately
junior to him by the same Departmental Promotion Committee, he would also be
allowed his due seniority and benefit or notional promotion.
12. If the Officer is not acquitted on
merits in the criminal prosecution but purely on technical grounds and Government
either proposes to take up the matter to a higher Court or to proceed against
him departmentally or if the officer is not exonerated in the departmental
proceedings, the adhoc promotion granted to him should be brought to an end.
13. The orders issued in the G.Os. read
above shall be deemed to have been modified to the extent necessary as per
these orders.
14. All Department; of Secretariat/Heads
of Departments are requested to follow the above procedure scrupulously and
bring to the notice of all concerned.
(By order
and in the Name of the Governor of Andhra Pradesh)
K.
JAYABHARATH R EDDY
Chief
Secretary of Govt
OPEN - DPC Rules - References (open)
OPEN - State and Subordinate Service Rules - References (open)
