A question has been raised whether an order passed imposing any major penalty on a Government employee after following the procedure prescribed in Rule 19(2) of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1963, need be reviewed consequent on his acquittal in a Criminal Court, if he was prosecuted in addition to the departmental action taken against him. It is clarified that in a case where Government employee is removed or dismissed or reduced in rank after complying with the requirements of Article 311 (2) of the Constitution of India or of provisions of Rule 19(2) of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, then the order of removal, dismissal or reduction in rank, is not affected by his acquittal in a Criminal Court, if he is prosecuted in addition to the departmental action taken against him.
If however, a Government employee is removed or dismissed or reduced in rank, solely on the ground of conduct which held to his conviction on a criminal charge, without complying with the requirements of the aforesaid article or rule and if his conviction is eventually set aside by the Appellate Court, or by the High Court, in revision, then the order of removal, dismissal or reduction in rank as the case may be, cannot stand and that order will have to be reviewed.
OPEN - CCA Rules - References (open)
