Letter No.144, Dt:29-05-1975 | Continuation of proceedings after retirement - date of initiation of disciplinary proceedings.

I am to state that in the case of an officer placed on his defence before the Tribunal for Disciplinary proceedings, a view was taken by the Division Bench of the High Court that once he had retired, the Tribunal would cease to have competence to further continue the proceedings, but another Division Bench of the Andhra Pradesh High Court was not inclined to agree with this view and the matter was referred to the full bench of the High Court, which held that, notwithstanding the retirement of an officer, disciplinary proceedings, if launched prior to the date of an officer's retirement, would still be valid and could be continued by the Tribunal for Disciplinary Proceedings after the date of retirement of the delinquent officer. A question has arisen as to what the term 'initiation of proceedings against a delinquent officer implies.and from what date the proceedings are deemed to commerce' i.e. whether it is the date of the communication of the order to the delinquent officer that he is placed on his defence before the Tribunal for Disciplinary Proceedings or whether it is the date of actual framing of the charges and communication thereof to the said officer.

2. The above point has been examined in consultation with Law. The Law department have advised as follows: -

A full bench of the High Court of Andhra Pradesh decided in the decision reported in Sri K.Satyanarayana vs. the State of Andhra Pradesh (AIR 1973 AP 223) in W.A.No.210/68 that there is no direct or inderect conflict between the provisions of the Andhra Pradesh Civil Services (Disciplinary proceedings Tribunal) Act, 1960 (A.P.Act.2 of 1960) and those of Article 35 lA of the Civil Service Regulations and that the departmental proceedeings instituted against a Government servant while the officer was in service might be deemed to be a proceeding under Article 35 lA and could be continued in view of proviso under that Article as if the officer had continued in service. Proviso (a) to Article 351A no doubt speaks of the authority which commenced the disciplinary proceedings against a Government servant but under that proviso the Departmental proceedings that could be continued and concluded must have been instituted while the officer was in service, whether before his retirement or during his reemployment.

The explanation under that Article states that the departmental proceedings shall be deemed to be instituted on the date on which the statement of charges is issued to the officer or pensioner or date on whch the officer has been placed under suspension. The date of institution of departmental proceedings for the purpose of Artcle 351A is therefore (1) the date on which the statement of charges or the Memorandum of charges is issued to the Government servant; or (2) the date from which the officer was placed under suspension.

In a case where an officer was placed under suspension while he was in service, the departmental proceedings must be deemed to have been instituted on the date on which he was placed under suspension by the competent authority. In any other case, the date on which the departmental proceeding is instituted against a Government servant is the date on which a Memorandum or the statement of charges is issued to the officer by the Tribunal. The necessary corollary of this view is that in a case where the misconduct against a Government servant is referred to the Tribunal while he is in service but not under suspension and the statement of charges is not communicated to him or he is not placed under suspension before retirement from service, the requirement of proviso (b) to Article 351-A should be complied with.

3. I am to add that the Government agree with this view taken by Law, viz., that "institution of proceedings against a delinquent officer" should be construed to commence on the date:

(i) on which the statement or Memorandum of charges has been issued to the Government servant; or

 

(ii) from which the officer has been placed under suspension.

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