GOVERNMENT
OF ANDHRA PRADESH
ABSTRACT
Andhra
Pradesh Civil Services (Classification, Control and Appeal) Rules 1963 -
Regulating the - period of suspension as duty for the purpose of Pay and
Allowances, in cases of Departmental Enquiries which end in awarding minor
penalties – Orders -Issued.
GENERAL
ADMINISTRATION (SERVICES. C) DEPARTMENT
G.O.Ms.No.238
Dated:
7-4-1992
Read
he following:
G.O.Ms.No.
1376, G.A. (Rules) Deptt. dt,. 28-11-63.
* * *
* *
ORDER:
According
to the instruction 19 in Appendix-VI to the Andhra Pradesh, Civil Services
(Classification, Control and Appeal) Rules, 1963:
i) If
the authority competent to impose the punishment (or the appellate authority in
case of an appeal) comes to the conclusion that the accused Government Servant
must be fully exonerated, then the Government Servant should receive, for the
period of suspension, the full pay to which he would have been entitled as also
allowances;
ii) If
he is not fully exonerated, suspension may be inflicted as a Substantive
penalty under the Classification, Control and Appeal Rules and the pay,
allowances etc., he should receive during the period of suspension should be
specified". According to the above instructions, the accused Government
Servant is entitled to receive full pay and allowances only when he is fully
exonerated of the charges and not otherwise.
2. The question whether the period
of-suspension shall be treated as duty for purpose of granting of full pay and
allowances where the accused officer is awarded only a minor penalty after
conclusion of the Departmental Proceedings though he is not fully exonerated of
the charges, has been considered keeping in view certain judicial
pronouncements and the orders issued by the Government of India.
3. The Government of India, Ministry of
Personnel and Training, Administrative Reforms, Public Grievances and Pension,
Department of l-'ersonnel and Training through their Memorandum No:
11012/15/85-Estt (A) dated 3.12.85 have ordered that where departmental
proceedings against a suspended employee for the imposition a major penalty
finally end with the imposition of a minor penalty, the suspension can be said
to be wholly unjustified in terms of F.R.54-B and the employee concerned
should, therefore, be paid full pay and allowances for the period of suspension
by passing a suitable order under F.R. 54-B.
4. The Government after considering the
above instructions, have decided to adopt the same and accordingly direct that
the instructions in Appendix-VI to Andhra Pradesh Civil Services
(Classification, Control and Appeal) Rules, 1963 to be amended suitably.
5. Government also direct that these orders
will become effective from the date of issue. Past cases already decided, need
not be re-opened.
6. Necessary amendments to F.Rs will be
issued by Finance and Planning (Fin. F.R.) Department separately.
7. The following amendment is accordingly
made to instruction 19 in Appendix VI to Andhra Pradesh Civil Services
(Classification, Control and Appeal) Rules, 1963. Amendment In Appendix-VI to
the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules,
1963, for instruction 19 the following shall be added at the end, namely:
"(iii) Where the
departmental proceedings against a suspended employee for the imposition of a
major penalty finally end with the imposition of a minor penalty the suspension
can be said to be wholly unjustified and the employee concerned shall, therefore,
be paid full pay and allowances for the period of suspension by passing a
suitable order under F.R. 54-B".
(BY
ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
K.V.
NATARAJAN
Chief
Secretary to Government
