[U.O. Note No.785/Ser.C/90-1 GAD (Ser.C), Dt.8-11-1990]
Ref:- 1. U.O. Note No.1742/Ser.C/68-8 GAD dt.
16-10-1968.
2. Memo.No. 365/Ser.C/69-1 GAD dt. 11-6-1970.
3. U.O.Note No.1524/Ser.C/80-1 GAD
dt. 17-3-1981.
4. Memo. No.l524/Ser.C/80-11 GAD
dt. 20-5-1982.
5. GO.Ms.No.205, G.A (SER.C) Dept.,
dt. 17-3-1990.
According
to Rule 13(1) of Andhra Pradesh Civil Services (CC&A) Rules, 1963, a member
of a service may be placed under suspension from service, pending investigation
or enquiry into grave charges, where such suspension is necessary in public
interest. In the references 1st to 5th cited above,
instructions/orders have been issued to the effect that the enquiries should be
completed expeditiously and that, the cases where the suspension exceeds six
months have to be reviewed by the authority concerned at an interval of six
months to decide the need or otherwise to continue the individual under
suspension.
2. It has been brought to the notice of Government that the enquiries are not being completed within a reasonable time for one reason or the other. In cases where the enquiries are pending for more than two years and the individuals concerned are denied promotion, on the ground that the enquiry is pending, the Courts are taking a view that if the disciplinary proceedings or trial is not concluded within a period of two years, there cannot be any justification on the part of the authority to deny promotion for no fault of the member of service. In this connection attention is invited to the instructions issued in the penultimate para of the G.O. fifth cited to the effect that in all cases where a member of service is placed under suspension, action regarding investigation or enquiry, as the case may be, should be undertaken on priority basis with utmost speed at all levels and the disciplinary proceedings should be finalised and orders issued within a period not exceeding ordinarily one year as far as possible. Even in respect of criminal cases filed in the special courts for Special Police Establishment and Anti-Corruption Bureau cases, efforts should be made by the authorities concerned that the trial is completed at the earliest possible period so that the member of service is not continued under suspension for longer period.
3. In
view of the above, all the Departments of Secretariat are requested to bring
these instructions to the notice of the concerned for completion of enquiries
expeditiously to avoid interference by the Courts in the matter of
promotions/continuing the individual under suspension for long periods. They
are also requested to compile a list of cases where enquiries are pending for
more than two years and review them periodically for taking decision at the
appropriate level.
