[Memo. No. 1470/Ser. C/77-2, Genl. Admn. (Ser-C) Dept., Dt. 26-12-1977]
Instructions were issued from time to time regarding suspension of Government servants pending enquiry into charges against them, apart from the provisions contained in the Andhra Pradesh Civil Services (CC&A) Rules, 1963. It is considered desirable to consolidate these instructions for information and guidance of the Departments of Secretariat, Heads of Departments and other officers. Therefore, the instructions are incorporated in the Annexure to this Memo. The officers concerned are requested to follow these instructions scrupulously.
ANNEXURE
(1) Memorandum No. 3903/64-1, GA, (Service -C) Department, Dt. 2-1-1965.
The
orders made by an authority other than Government placing an employee under suspension
pending enquiry, may be revoked by that authority or by the Government or by
any authority to whom that authority is administratively subordinate, even
though the sanctions of Government to the extension of suspension, after the
period of six months was obtained as such order of extension does not render
the original order of suspension ineffective and substitute in its place an
order of the Government suspending the employee pending enquiry.
(2)
Memorandum No. 2044/65-2, GA. (Service-C) Dept., Dt. 17-8-1965.
A
member of a service who is deemed under sub-rule (2) of Rule 13 of the Andhra
Pradesh Civil Services (CC & A) Rules, to have been suspended by an order
of the competent authority to suspend him, remains under suspension until
further orders. The further orders contemplated by the said sub-rule are those
of the competent authority or of a higher authority under sub-rule (5). The
competent authority or the higher authority need not necessarily revoke the
order of suspension when the member of a service who is arrested and detained
on a criminal charge or otherwise for a period exceeding 48 hours is released on
bail, but the said authority may revoke the order of suspension and admit him
to duty or grant him leave during the period if applied for by him, if the said
authority thinks fit to do so having regard to the nature of the charge and other
circumstances of the case. The mere fact that the member of a service has been
granted bail, does not give him a right to be restored to duty.
(3)
Memorandum No. 1933/65-4, GA. (Ser-C) Dept., dated 28-12-1965.
Where
the work and conduct of an employee who is appointed temporarily are not satisfactorily,
he need not be placed under suspension pending enquiry as it involves financial
loss to Government, not should disciplinary action be initiated against him but
he should be discharged in terms of his appointment, by an innocuous order, so
as to avoid complication.
(4)
Memorandum No. 2213/Ser-C/668, GA. (Ser-C) Dept., dated 30-11-1966.
In
order to ensure that suspension is not resorted to for simple reasons, the
Government have decided that when the reinstating authority held that the
suspension of the employee was wholly unjustified and it made an order that for
the period of suspension the employee considered be paid full pay and
allowances, proceedings should be initiated under Rule 19 of Andhra Pradesh
Civil Services (CC & A) Rules, 1963, against the officer who suspended the
employee and the question of recover y from pay of such officer the whole or
any part of the pecuniary loss caused to the Government due to payment of pay
and allowances under F.R. 54, should be considered.
(5)
Memorandum No. 904/Ser-C/67-1, GA., (Ser-C), Dept., dated 29-5-1967.
The
necessity for continuance or otherwise of a Government employee under
suspension is required to be reviewed by the Government at intervals of not
more than 6 months. The object is to ensure that Government employee placed
under suspension indefinitely and that the necessity or otherwise for his
continuance is reviewed periodically by Government so that if in any case it is
felt that further continuance of the Government employee involves
undue-hardship, necessary relief may be granted, either by revoking the order
of suspension and restoring him to duty or allowing him to proceed on leave.
In
cases of suspension and review the following procedure may be adopted:
(a)
Where an employee is suspended the order may be so drawn up, that he is
suspended, pending enquiry, until further orders.
(b)
When upon a review which may be ordinarily made at intervals of not more than
six months, it is considered that he should be continued under suspension, the
order that may be made after such review may be as follows:
"The
Government have reviewed the case o f Sri .......................... who is
under suspension pending enquiry and they have decided that he shall continue
under suspension. The next review will be taken up at the end of six months
from the date of this order." ·
(6)
Memorandum No. 1733/Ser-C/67-2, GA. (Ser-C), Dept., dated 3-8-1967.
Instead
of placing an employee under suspension pending investigation into grave
charges, the desirability of transferring him to some other place or to allow
him to go on leave may be considered
(7)
U.O. Note No. 1742/Ser-C/68-3, GA. (Ser-C), Dept., dated 16-10-1968.
When
the Anti-Corruption Bureau enquiry goes beyond six months after an officer has
been placed under suspension, the Director, Anti-Corruption Bureau should send
a report to the concerned Secretary to Government intimating the stage of
enquiry and whether or not the officer should be continued under suspension
furnishing the reasons therefor. Where the suspension of an officer is to be
continued beyond a period of six months prompt action should be taken in
compliance with the instructions issued by the Government in Memorandum No. 904/67,
G.A. (Ser.C) Department, Dt. 29-5-1967.
(8)
Memorandum No. 365/Ser-C169-1. GA. (Ser-C) Dept., dated 11-6- 1970.
The
cases of all officers who are under suspension for six months irrespective of
the fact, whether the cases are under investigation by the Anti-Corruption
Bureau or pending enquiry before the Tribunal for Disciplinary Proceedings or
departmental authority or pending trial before the Court of Special Judge for
Special Police Establishment and Anti-Corruption Bureau cases or pending with
Government will have to be reviewed by the Government and the Government should
have adequate and sufficient material before them to judge the necessity or otherwise
of the continuance of the suspension. The Director, Anti-Corruption Bureau
should send his reports to the Government not only in respect of cases which
are under investigation by the Anti-Corruption Bureau but also in cases pending
enquiry before the Tribunal for Disciplinary Proceedings and trial in the Court
of the Special Judge for Special Police Establishment and Anti-Corruption
Bureau cases. He need not, however, send reports in cases where enquiries are
being conducted by Departmental authorities or in cases pending with the Government
after the receipt of the Tribunal for Disciplinary Proceedings and the
Judgement of the Special Judge for the Special Police Establishments and
Anti-Corruption Bureau cases.
(9)
GO.Ms.No. 517, G.A. (Ser.C) Dept., dated 27-7-1977.
A
proforma as given below has been prescribed in order to enable the Government
to take a decision on each based on the information given by the various
officers requesting for extension of suspension of officers. The Establishment
Officer will have to take a view on the question of extension of suspension and
if he feels that within the extended period or within six months, the case
cannot be decided, then he has to send a report in the proforma about two
months in advance of the period.
|
Sl. No. |
Name
and Designation of the Officer under
Suspension |
Date
of Suspension |
Date
of Appointment of Enquiry Officer |
Present
stage of Inquiry |
Reasons
for asking extension |
Expected
date of completion |
Whether
the official has been paid subsistence
allowance |
Remarks |
|||
|
(a) |
(b) |
(c) |
(d) |
||||||||
|
Have charges been formed if so, date |
Has it been served on the other officer,
is so, when date |
Has
the case in support of the charge
been presented before Inquiry
Officer, date |
Has
the officer under suspension entered
upon his defence if so the
date |
||||||||
|
(1) |
(2) |
(3) |
(4) |
(5) |
(6) |
(7) |
(8) |
(9) |
|||
