Ref: Govt. Memo.No.1496/SC.E/86-1 , GA. (SC.E) Dept., Dated 16-7-1986.
In
the Memorandum cited instructions were issued to appoint the Commissioner for
Departmental Enquiries as Enquiry Officer for conducting departmental enquiries
in terms of Rule 19(2) of the Andhra Pradesh Civil Services (Classification,
Control and Appeal) Rules, 1963.
2.
The issue was further examined and the following clarifications are issued for
guidance and necessary action: -
(i)
All the cases enquired into by the Anti-Corruption Bureau and recommended for
departmental action would henceforth be referred to the Commissioner for
Departmental enquiries. These cases would be adequately documented and
presented by the Investigating Officer of the Anti-Corruption Bureau in
accordance with Rule 19(2)(a) of the A.P.C. S. (CC&A) Rules, 1963.
(ii)
The other category of cases that could be referred to the Commissioner for
Departmental Enquiries would be those attracting major punishment, if the
delinquency alleged is proved, and will be confined to cases of officers for
whom the appointing authority normally would be the Government.
In
such cases, Departments concerned will have to ensure that well-conceived
charges are framed against the delinquent officers and refer the cases to
Commissioner for Departmental Enquiries only after adequate documentation.
It
should further be ensured that the cases thus referred would not require
detailed enquiry at field level. Further, wherever the Commissioner for
Departmental Enquiries requires technical assistance in the above cases for
appreciation of any aspect of evidence, the concerned department should provide
the same promptly and adequately. The departments concerned should, therefore,
exercise restraint in selecting the cases for reference to the Commissioner for
Departmental Enquiries. In other words, references to the Commissioner should
not be routine.
In
such cases, the departments concerned shall arrange to supply adequate number of
copies of connected documents and also make available official witnesses,
records etc.
(iii) As indicated in sub-para (ii) above, the Commissioner for Departmental Enquiries would by and large enquire into clearly investigated cases where documentation is already available for establishing the delinquency of the officer and he will not be required to conduct Enquiries Suo motu, to establish prima facie case, for taking a decision to proceed against the delinquent officer.
