Public
Services - Disciplinary Cases against the Government employees - Time schedule
to expedite the process of disciplinary cases at various levels Consolidated
instructions - Orders - Issued.
G.O.Ms.No.91 Dated: 12.09.2022.
Read
the following: -
1.Circular.Memo.No.35676/Ser.C/1998, G.A. (Ser.C) Dept., Dt.01.07.1998.
2.Memo.No.23537/Ser.C/1999-5, G.A. (Ser.C) Dept., Dt.28.07.1999.
3.U.O.Note.No.19952/Ser.C/2000, G.A. (Ser.C) Dept., Dt.27.04.2000.
4.Memo.No.51883/Ser.C/2002-2, G.A. (Ser.C) Dept., Dt.19.12.2002.
5.U.O.Note.No.58445/Ser.C/2002-2, G.A. (Ser.C) Dept., Dt.24.01.2003.
6.Memo.No.82494/Ser.C/2003, G.A. (Ser.C) Dept., Dt.28.07.2003.
7. Circular. Memo.No.36500/Ser.C/2005, G.A. (Ser.C) Dept., Dt.19.04.2006.
8. CircularMemo.No.1271/Ser.C/2008, G.A. (Ser.C) Dept., Dt.21.01.2008.
9. G.O.Ms.No.679,G.A. (Ser.C) Dept., Dt.01.11.2008.
10. CircularU.O.Note.No.27306/Ser.C/Al/09-1, G.A. (Ser.C) Dept., Dt.07.08.2009.
11. Circular
Memo.No.10245/Ser.C/Al/2010-1, G.A. (Ser.C) Dept., Dt.07.02.2011.
12. Circular
Memo.No.3189/Ser.C/2014-1, G.A. (Ser.C) Dept., Dt.17.11.2014.
13.
U.O.Note.No.GAD. 0l/272/2019-GLC-5, G.A. (L&C), Dept., Dt.16.07.2019 along
with the Minutes of Secretaries' Conference held on 10.07.2019.
2. Whenever certain commissions and omissions are either noticed or reported against a Government Servant, disciplinary proceedings are initiated for misconduct as per the provisions laid down in the Andhra Pradesh Civil Services (Classification, Controland Appeal) Rules, 1991 and also as per the provisions contained in the Andhra Pradesh Revised Pension Rules, 1980 in respect of the retired employees. Wherever considered necessary, Criminal action is also being initiated by filing charge sheets in a Court of Law. Time and again instructions were issued for expeditious completion of the Inquiries where departmental action is initiated in order to punish the guilty.
3. It is noticed that considerable time is consumed in processing the files relating to the disciplinary cases at various levels. Therefore, it is felt necessary to ensure prompt action is taken in dealing with the disciplinary cases at all levels of administration by following due procedure to avoid delay.
4. Against this background, one of the action points that emerged at Secretaries' Conference held on 10.07.2019 is that a comprehensive order be issued fixing definite time frame for all the stages involved in a disciplinary case from its initiation to conclusion.
5. Government after careful examination of the matter hereby issue the following comprehensive guidelines for fixing a definite time frame for all the stages involved in a disciplinary case in supersession to the earlier instructions issued in references 1st to 12th read above:-
ii. As framing of charges is the first step for initiation of the disciplinary process and as it is the essence of the allegation, it should not be drafted in very general terms, such as, negligence of duties, breach of conduct rules, conduct unbecoming of a Government Servant etc. The charges should be drafted in a precise manner with clear and appropriate terms, using simple language. Detailed guidelines on proper framing of charges against officers were issued vide U.O.Note.No.1041/SC.F/89-14, Dated: 16.8.1989, which shall be strictly followed. While preparing the draft charges, the Disciplinary Authority should have all the records and other materials for verification of the facts mentioned in the charges. Simply accepting the draft charges sent by the preliminary enquiry officer/Investigating Officer, without verifying them with reference to records is not right. Therefore, the charges should have enough documentary support for pursuing. The witnesses selected should speak of the charges and with reference to the records. If the witness is an official witness, senior officers connected with the matter should be selected as witness. The charges so drafted should immediately be served on the Delinquent Officer with the connected documents and his written defense statement should be obtained and duly examined. Copies of documents by which and copies of statements of witness by whom, the article of charges are proposed to be sustained, must be furnished to the Delinquent Officer along with article of charges. Denial of these documents defeats principles of natural justice apart from weakening grounds for further action.
iii. Obtaining of written statement
of defense from the charged person and verifying it for its satisfactoriness or
otherwise, of course, with reference to the records, is a must. It should be
attended by a senior officer and not by the lower rank officers. If the Written
Statements of Defense are perused carefully with reference to records, it will
give a clear picture as to whether the charges can be proceeded with further or
not and also whether there is enough documentary support to prove the charges.
iv. Another step
in the process is appointment of a 'Presenting Officer'. The Presenting Officer
is an essential and important functionary in conduct of departmental inquiries.
He plays an important role because he has to present the case of Disciplinary
Authority successfully on behalf of the Disciplinary Authority before the
Inquiring Authority. The Presenting Officer should, therefore, be well
conversant with the case and for this, he should be provided with copies of
Charge Memo, Written defense statements and access to all the connected
records/material well in advance of his appearance before the Inquiring
Authority. The Disciplinary Authority should brief the Presenting Officer
adequately and give him full support and cooperation for his successful presentation
of the case before the Inquiring Authority. If the Presenting Officer is a government
servant, he should be senior enough and should have enough knowledge of the
case for presentation before the Inquiring Authority.
v. It is noticed
that most of the Disciplinary Authorities are not sending the records to the
Inquiring Authority in time or along with the order of appointment of Inquiring
Authority. The Disciplinary Authorities are, therefore, requested to send all
connected records to the Inquiring Authority along with appointment order. They
should not ask the Head of the Departments concerned to send the records
directly to the Inquiring Authority, without themselves examining them first.
vi. Most of the
deficiencies noticed in the course of Inquiries can be avoided, if disciplinary
authority at the level of Secretary / Principal Secretary / Special Chief
Secretary bestow personal attention to disciplinary cases. The Head of the
Department also should peruse the records before they submit them to Secretariat
Department. Unless the higher officials show personal interest and bestow
necessary importance to these matters, without treating them as routine files,
the subordinate officials will also not show urgency in dealing with these
cases. It is not at all fair if senior officers responsible for lapses escape
punishment and only junior officers face inquiries. It is, therefore, quite
imperative that all the senior officials of various Departments viz.,
Secretaries / Principal Secretaries / Special Chief Secretaries should show
personal attention to the Disciplinary cases to avoid such mistakes or
miscarriage of justice.
vii. It is often
noticed that because of undue delay between the occurrence of an incidence of
negligence / lapse and its noticed that the guilty escapes. Sometimes they
retire and the period of four years elapse from the date of occurrence of event
as per Cir.Memo.No.993083/Fin0l-HR0CLl/9/2019-HRIII, Finance (HR.III-Pension)
Department, dated 15-03-2020 and initiation of disciplinary proceedings of the
case become time-barred and no action against the guilty officer is possible
under the provisions of the Andhra Pradesh Revised Pension Rules, 1980. In view
of this, it is desirable that within one year from the receipt of preliminary
enquiry report / detailed enquiry report, all proceedings against the Charged
Officer should be completed. If there is undue delay, the file should be
circulated to the Chief Secretary / Minister concerned and specific time
schedule should be indicated for disposal of the case and their approval taken.
This will reduce scope for undue delay and consequent non-action against guilty
officers.
viii. In case of
Departmental proceedings instituted against the retired Government employees,
it is noticed that there is abnormal delay in completing the inquiries,
thereby, the pensionary benefits could not be finalized in such cases. Keeping
this in view, it is clarified that the time schedule prescribed to complete the
inquiries against Government employees, as detailed above, shall also apply to
the Departmental Proceedings instituted against the retired Government
employees. The procedure laid down in Rule 20 of the Andhra Pradesh Civil
Services (CC&A) Rules, 1991 shall be followed in case of Departmental
proceedings initiated against the retired Government employees, as laid down in
Rule 9 of the Andhra Pradesh Revised Pension Rules, 1980. Thereafter, for
obtaining concurrence of the Andhra Pradesh Public Service Commission for the punishment
proposed in the case of retired officers, within a week request to the Andhra
Pradesh Public Service Commission must be made for its concurrence after a
decision is taken to impose penalty. So concurrence to proposed punishment is
thus obtained on file.
ix. Government
direct that in all simple cases the inquiry initiated against Government
Servant shall be completed within three months either by Departmental Officers
or Commissioner of Inquiries. In complicated cases, it shall be ensured that
the inquiry should be completed within five to six months. The Secretaries to
Government shall review the progress of the inquiries ordered in all
disciplinary cases and submit a note on the cases pending beyond the stipulated
time to Chief Secretary to Government and also the Chief Minister.
x. The time frame
followed by the Inquiring Authority and disciplinary authority is prescribed as
follows:
|
(a) |
Fixing
the date of hearing inspection of listed documents, submission of the list of
defense documents and the nomination of a defense assistant (if not already
nominated).
|
Within
two weeks from
the date of appointment
of the Inquiring
Authority |
|
(b) |
Inspection
of documents or submission of list of defense witnesses / defense documents
or examination of the relevancy of documents or witnesses, procuring the
additional documents and submission of the certificates, confirming
inspection of the additional documents by accused officer or defense
assistant.
|
Two
weeks |
|
(c) |
Issue
of summons to the witnesses, fixing the date of regular hearing and arrangements
for participation of the witnesses in the regular hearing.
|
Two
weeks |
|
(d) |
Regular
hearing on day to day basis.
|
Two
weeks |
|
(e) |
Submission
of written briefs by the Presenting Officer and submission of written briefs
by Accused Officer / Defense Assistant to Inquiring Authority.
|
Two
weeks |
|
(f) |
Submission
of the Inquiry Report by the Inquiring Authority.
|
Two
weeks |
|
(g) |
Examination
of the inquiry report by the disciplinary authority in consultation with APVC
where such consultation is necessary.
|
One
week |
|
(h) |
The
charged official submits his written representation or submission to the disciplinary
authority.
|
Within
fifteen days |
|
(i) |
Consultation
with APVC where such consultation is necessary.
|
Two
weeks |
|
(j) |
Consultation
with APPSC where such consultation is necessary.
|
Two
weeks |
|
(k) |
Passing
final order in a disciplinary case by the disciplinary authority.
|
Two
weeks |
xi. The Government
further order that the Inquiring Authorities are liable for disciplinary action
for their failure to complete the inquiry within stipulated period. In cases,
where large number of witnesses are to be examined and voluminous material
papers are to be verified, the Inquiring Authorities shall invariably take
prior permission of the concerned disciplinary authorities by submitting
detailed reasons for continuing the departmental inquiry beyond the stipulated
period.
xii. The
Government further direct that all Vigilance Officers/ Disciplinary Authorities
must invariably keep in mind the date of superannuation of the Charged Officer,
while handling disciplinary cases and complete the disciplinary action well in
time. Anyone found to have consciously ignored this fact should be held
accountable for the delay that may lead to the eventual dropping of the
proceedings.
xiii. The Government direct that the disciplinary cases initiated against the employees shall be dealt on priority basis to avoid delay. The connected file shall not be detained by the Officers concerned for more than three days and wherever, the files are circulated to the Hon'ble Ministers, they need to be persuaded to be cleared within a week.
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