Ref: 1. GO.Ms.No. 487, GA. (Ser.C) Dept., Dt.
14-9-92.
2. U.O. Note No. 27/Ch. COI/93-1, Dt. 18-1- 93.
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According to sub- rule 5(c) of Rule 20 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 19 91 where the disciplinary authority itself inquiries into any article of charge or appoints an inquiring authority for holding- an inquiry into such charge, it may, by an order, appoint a Government servant or a legal practitioner to be known as the "Presenting Officer" to present on its behalf the case in support of the articles of charge.
2. The Chairman, Commissionerate of Inquiries in his U.O. Note 2nd cited, while quoting a case where the disciplinary authority has appointed a Government Servant as "Presenting Officer" who is lower in rank than the Charged Officer, has stated that such difference between the Charged Officer and Presenting Officer might result in putting the Presenting Officer under pressure, which would impair the effectiveness of the Presenting Officer. He has, therefore, suggested to issue instructions to all concerned, that, whenever a disciplinary authority, under Rule 20(5)(c) of the Andhra Pradesh Civil Services (Classification, Control an Appeal) Rules, 1991 proposed to appoint a Government Servant as Presenting Officer, such Presenting Officer should be senior to the Charged Officer and occupying a higher rank than the Charged Officer in the hierarchy.
3. The suggestions of the Chairman, Commissionerate of Inquiries, has been examined in consultation with Law Department and it is decided to accept the suggestion of the Chairman, Commissionerate of Inquiries. The Departments of Secretariat and Heads of Departments are therefore, informed that whenever a disciplinary authority, under Rule 20(5)(c) of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991, proposes to appoint a Government servant as "Presenting Officer", it should be ensured that such I resenting Officer should be senior to the Charged Officer and occupying a higher rank than the Charged Officer in the hierarchy. In the Departments where there are no higher-level position functionaries, disciplinary authority may consider to appoint a legal practitioner as Presenting Officer, under the existing provision in Rule 20(5)c) of the CCA Rules, 1991.
4. All the Departments of Secretariat and all the Heads of Departments are requested to adhere the above instructions scrupulously and bring these instructions to the notice of their subordinates.
