Memo.No:954347, Dt:05-03-2021 | Fundamental Rules - Regularisation of Suspension Period - Instructions

 GOVERNMENT OF ANDHRA PRADESH

FINANCE (HR.IV) DEPARTMENT

Cir.Memo.No.FIN01-HR/954347 /100/2019-HR-IV                                                              05/03/2021

 

Sub: A.P. Fundamental Rules - Dealing with Regularization of Suspension Period - Instructions - Regarding.

 

Ref:Circular Memo.No.22044-A/448/FR.II/2004, Finance(FR.I) Department, dated.13/10/2004.

***

The attention is invited to the Executive Instruction (2) under FR 54 issued orders vide reference above cited wherein it was instructed that "suspension is a part and parcel of disciplinary action and disciplinary action is finalized by the appointing authority / disciplinary authority as per the provisions of the A.P. Civil Services (CCA) Rules, 1991, A.P.C.S. (Conduct) Rules, 1964 as the case may be. At the time of finalization of disciplinary action, the disciplinary authority also finalizes about the treatment of period of suspension either as duty or as not duty depending upon the gravity of the disciplinary case and referring such files to Finance Department may not be as per the existing guidelines of the Government and as per the above service rules. Hence, all the Departments of Secretariat shall review all the disciplinary cases with all Head of Departments at least once in two months, so as to monitor progress in the disposal of the cases and regularize the suspension period at the time of finalization of disciplinary action itself as duty or as not duty depending upon the gravity of the disciplinary case and also in terms of the provisos of Fundamental Rules. Hence the Departments of Secretariat are requested not to refer the files relating to regularization of suspension period of Government employees to Finance Department henceforth."

 

2. However it is noticed that all the secretariat departments are simply forwarding the files to this department without indicating the preliminary stand in the matter being disciplinary authority.

 

3. Hence the Departments of Secretariat are informed to strictly follow the above Executive Instruction (2) under FR 54 without fail while dealing with the regularization of period of suspension / dismissal followed by reinstatement matters. To follow uniformity in all similar cases by all administrative departments a prescribed checklist annexed to these orders. They are also advised to instruct the HoDs under their control to examine all the similar cases in the above checklist scrupulously.

 

K. VEERA VENKATA SATYANARAYANA

SPECIAL SECRETARY TO GOVERNMENT

 

Checklist for the cases proposing for regularization of Suspension Period

Name & Desig.

Dept.

Date of suspension / ACB Trap

Departmental / Judicial proceedings-initiated date

Date of reinstatement whether on appeal or on court directions

E.O Report

Directions of Court -If acquittal whether

Date of Retirement/ Death while pending the disc./ judi procd.

Concerned HoD remark with due justification suspension

Concerned Admn Dept in Secretariat remarks with due justification on suspension

Period claiming for regularization with relevant rule-54

Dept

Judicial

On Appeal

On Court Direction

On merit / fully exonerated

On Non-compliance of the records/ benefits of doubt

Without any specification acquittal

Section Officer

 OPEN - CCA Rules - References (open)

OPEN - Fundamental Rules - References (open)