[U.O.Note
No.446/Ser.C/83-1, GA (Ser.C) Dept., Dt:27-5-1983]
Ref:- 1. Memo. No.1733/Ser.C/67-2, dated
3-8-67.
2. From the F.R.
& D. (Ser.IV) Dept., U.O.Note No.59918/Ser.lV/82-4, dated 15-4-83.
ORDER:
It has been brought to the notice
of the Government by the Andhra Pradesh Administrative Tribunal that in a case
an employee was served with an order that “pending enquiry into certain grave
charges he was directed to go on leave in lieu of suspension in public interest
and he was asked to submit the leave application at once failing which he is
deemed to have been placed under suspension and also to acknowledge on the
duplicate copy” and the Andhra Pradesh Administrative Tribunal is of the view
that the type of order is somewhat misleading in that it creates an impression
that the authorities have a right to ask the persons serving under them to go
on leave forcibly even though the main requirement of Rule 13(1) of the Andhra
Pradesh Civil Services (CCA) Rules, 1963 on the basis of which suspension could
be ordered, by the authority, has been satisfied in that an enquiry on a grave
charge is pending against the petitioner.
Hence it is necessary to avoid such impression and therefore it would be
desirable not to issue orders of suspension in this manner.
2. As per instructions No.18 given
in Appendix VI of the Classification, Control and Appeal Rules which deals with
the object etc. of placing the Government servants under suspension there is a
provision made under sub-para (III) of the instructions, according to which it
should be considered at an early stage whether sending the officer on leave (if
he is willing to take it) will not be a suitable step to take. It is also laid
down that such a step shall not be applied in every serious case where there is
a good prima facie case.
3. The above provision of allowing
the Government servant to go on leave is one of the steps the competent
authority may take in lieu of suspension of Government servant in case the incumbent
is willing to do so. But as rightly observed by the Tribunal the type of order
issued in the case is mis-leading as it creates an impression that the
authorities have a right to ask the person serving under them to go on leave
forcibly.
4. The departments of Secretariat
are therefore requested to bring the above observations of the Andhra Pradesh
Administrative Tribunal to the notice of all the concerned and see that no such
type of orders are issued in future in the matter.
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