GO.Ms.No.790, Dt:29-09-1970 | State and Subordinate Service Rules - Promotions | disciplinary proceedings are pending.

GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

PUBLIC SERVICES – State and Subordinate Services – Promotion / Appointment of employees to higher posts while investigation into the allegations / disciplinary proceedings initiated against them are pending.

GENERAL ADMINISTRATION (SERVICES-C) DEPARTMENT
G.O.Ms.No.790                                                                                    Dated: 29th Sept. 1970
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O R D E R:
At present there are no clear instructions as to the action to be followed in regard to consideration of cases of Government employees for promotion for appointment to higher posts while disciplinary proceedings are pending against them or when they are under suspension. Consequently, there has been no uniformity in the procedure followed by various appointing authorities in such cases. The question, therefore, was considered by the Services Sub-Committee of Secretaries to Government at its meeting held on 24-2-1970. The Committee recommended as follows.

“It was felt that the provisional withholding of promotions would be justified in the following categories of cases: -
 

(a) Where an officer has been placed under suspension; or

 

(b) Where charges have been framed and disciplinary proceedings initiated, and the charges are so grave that if they be held proved, the officer would not be promoted; or

 

(c) Where an investigation has been conducted by the Anti- Corruption Bureau and it is established that there is a prima-face case for prosecution of taking disciplinary action on charges which, if held proved would warrant the supersession of the officer.

In cases where promotions are ordered deferring consideration of claims of any officers in the cases aforementioned, the Committee considered that it should be specifically stipulated that such promotions would be without prejudice to the claims of the officers the consideration of which has been deferred pending the clearance of the charges against them. Cases of all such officers as fall under the categories (a), (b) and (c) mentioned above should immediately proceedings, be reviewed for promotion as also for their rightful ranking in the light of the final outcome of these proceedings.

The Committee felt that promotion need not be withheld where the charges against an officer relate to minor lapses and have no bearing on the integrity or efficiency of an officer and which even it proved, will not stand in the way of the officer being promoted.

 

2.     The Government, after careful consideration, accept the above recommendations of the services Sub-Committee of the Secretaries to Government and direct that:-

 

(i)      Provisional withholding of promotions would be justified in cases failing under categories (a)(b) (c) mentioned in para 1 ante.

 

(ii)     Where promotions are ordered, deferring consideration of the claims of any such officers as fall under the categories (a) (b) (c) mentioned in para 1 ante it should be specifically stipulated that such promotions would be without prejudice to the claims of the officers the consideration of which has been deferred pending the clearance of the charges against them. Cases of all such officers as fall under the categories (a). (b) (c) mentioned in para 1 ante should, immediately after the conclusion of the disciplinary proceedings be reviewed for promotion, as also for their rightful ranking in the light of final outcome of these proceedings.

 

(iii) Promotion need not, however, be withheld where the charges against an officer relate to minor lapses and have no bearing on the integrity of efficiency of an officer and which even if proved will not stand in the way of the officer being promoted.

 
3.    The heads of Departments and Collectors etc. are requested to see that the above instructions are followed by all competent authorities, under their administrative control, in matters of promotion or appointment by transfer Government employees to higher posts while investigation into the allegations / disciplinary proceedings initiated against them are pending.

4.     The receipt of this Memo. should be acknowledged.


(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)

 
M.T. RAJU,
CHIEF SECRETARY TO GOVERNMENT.




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