3. Rules 8 and 12 of the Andhra & Hyderabad Civil Services (C.C.&A) Rules, respectively, which were in force before they were repealed by the Andhra Pradesh Civil Service (Classification, Control and Appeal) Rules, 1963, provided for recovery of loss caused to Government. Thus, even under the aforesaid old rules, the loss caused to Government in the circumstances such as those mentioned in para 1 above could be recovered from the officer found responsible for passing the faulty order. Hence even in cases of failure to observe proper procedure, in disciplinary cases, which were finalised before the date of the Memo. (27-11-63) and which came to notice after that date, action against the officers concerned may be taken, by taking proceedings under the Andhra Pradesh Classification, Control and Appeal Rules, for recovery of the loss caused to Government by the payment of pay and allowances to the employees, who had to be restored or reinstated in service.
Memo.No:2568, Dt:27-11-1963 | Disciplinary Authority - action against, for failure to follow procedure
Wednesday, January 11, 2023
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In the Government Memorandum cited, orders were issued that in all cases, in which the circumstances leading to a Government servant's reinstatement or restoration reveal that the punishing authority, either wilfully did not observe or through gross negligence failed to observe the proper procedure, before terminating his service or reducing him to a lower post, the Officer(s) concerned shall be held responsible for the financial loss, if any, caused to Government, on account of the payment of the salary and allowances for the intervening period.
2. A question has been raised whether action
should be taken against the officers concerned, according to the instructions
issued in the Memorandum cited, even in cases where the procedural
irregularities have been committed before the date of the said Memorandum i.e.,
27-11-1963, which came to notice after that date.
