Read the following:
-
1) G.O.Ms.No.480,
G.A. (Ser.C) Dept., Dt.07.09.1993.
2) G.O.Ms.No.86, G.A. (Ser.C) Dept., Dt.08.03.1994.
3) G.O.Ms.No.526, G.A. (Ser.C) Dept., Dt.19.8.2008.
4) G.O.Rt.No.2285, G.A. (Ser.C) Dept., Dt.18.05.2012.
2.
In the G.O. second read above, orders have been issued as follows:
(i) The order of
suspension against a Govt. servant shall be reviewed at the end of every six
months;
(ii) The
appropriate reviewing authority should take a decision regarding continuance or
otherwise of the employee concerned under suspension, with reference to the
nature of charges, where delay in finalisation, of enquiry proceedings cannot
be attributed to the employee or when there is no interference from the
employee in facilitation the enquiry;
(iii) An outer limit be provided as two years from
the date of suspension, failing which the public servant may have to be
reinstated without prejudice to the proceedings being pursued. However, in
exceptional cases, considering the gravity of the charges, one could be
continued under suspension even beyond a period of two years, especially in cases
due to non-cooperation of the employee concerned and
(iv) The concerned Principal Secretary / Secretary of the Department should review the suspension cases of their department at an interval of six months with the representative from the ACB, if the proceedings arose out of the investigation conducted by the ACB and make suitable recommendations as to the desirability or otherwise for the further continuance of the officers under suspension.
3. In the G.O. third read above, orders have been issued that the employees who are under suspension for a period exceeding two years shall be reinstated pending finalisation of the disciplinary cases / criminal cases against him.
However, in exceptional cases, for example, where the charged officers are not cooperating for completion of investigation / inquiry or when the inquiry / investigation could not be completed due to pendency of litigation, a committee headed by the Secretary of the administrative department, Head of the Department concerned and an official from the ACB (where the cases are emanated from the ACB investigation), shall review the orders of suspension against the employees who are continued under suspension well before completion of two years of suspension and take a decision to continue such employees under suspension beyond two years, duly recording the reasons for such a decision.
4.
In the G.O. fourth read above, orders have also been issued as follows:-
(i) Consultation
with the Andhra Pradesh Vigilance Commission for advice is not required in
respect of the cases, where it is decided to reinstate the employees, who are
under suspension for a period not less than 2 years, based on the decision
taken in the review as per the orders issued in the G.Os second and third read
above, provided an Official from the ACS invariably attends such review
meetings in all ACB cases;
(ii) Consultation with the Andhra Pradesh Vigilance Commission for advice is invariably required in respect of the cases, where it is decided to reinstate the employees, before completion of 2 years of suspension period.
5. After careful examination of the matter, after reviewing the said G.Os., duly obtaining the advice of the Competent Authority and in modification of the orders issued in the G.Os. 1st to 4th read above, Government hereby direct to reduce the outer limit of suspension of Government servant from two (2) years to one (1) year from the date of suspension of the Government servant fixed in G.O.Ms.No.86, G.A. (Ser.C) Dept., dt.8.3.1994 read with G.O.Ms.No.526, G.A. (Ser.C) Dept., dt.19.8.2008 and G.O.Rt.No.2285, G.A.(Ser.C), Dept., Dt.18.05.2012 for reinstatement of the Government servant under suspension, subject to all other conditions stipulated therein and also direct to review the order of suspension against a Government servant both in ACS and Departmental Inquiries at the end of every four (4) months instead of six (6) months fixed in G.O.Ms.No.86, G.A. (Ser.C) Dept., dt.8.3.1994.
6. All the Departments of Secretariat / Heads of Departments / District Collectors and other Competent Authorities shall take necessary further action in the matter accordingly.
7. A copy of this order is available in online and can be accessed at https://apegazette.cgg.gov.in.
(BY
ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
All Departments of Secretariat.
All Heads of Departments.
All District Collectors.
All District Judges.
The D.G., A.C.B., A.P., Vijayawada.
The Secretary to APVC, APVC.
Copy
to:-
The Registrar General, Andhra Pradesh High Court, Nelapadu, Guntur District
(by covering
letter).
