https://amaravathiteacher.

com

GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

Public Services - Disciplinary cases against the Government employees - Time

schedule to expedite the process of disciplinary cases at various levels
Consolidated instructions - Orders - Issued.

GENERAL ADMINISTRATION (SER.C) DEPARTMENT

G.O.Ms.No.91. Dated:12.O9,2O22.
Read the followino:-
1. Circular.Memo.No,35676/Ser.C/199S,G.A.(Ser.C)Dept., Dt.01.07. 1998.
2. Memo, No. 23537 / Ser,C/ 7999-5, G.A. (Ser.C) Dept., Dt. 28. 07. 1999.
3. U.O. Note. No. 1 9952/ Ser.C/ 2000, G.A. (Ser.C) Dept., Dt. 27. 0 4.2OOO,
4. Memo.No.51BB3/Ser,C/2002-2, G.A. (Ser.C) Dept,, Dt.19.12.2002.
5. U.O. Note. No. 5 8445 / Set.C/ 2OO2-2, c. A. (Ser.C) Dept., Dt. 24.0 1. 2003.
6. Memo. No. 8249 4/ Ser.C/ 2003, G.A. (Ser.C) Dept., Dt. 28. O Z.2OO3.
7. Circular. Memo.No.36500/Ser.C/2005,c.A.(Ser.C)Dept., Dt. 19.04.2006.
8. Circular Memo. No. 127 tl Ser.C/ 2008, G.A. (Ser.C) Dept., Dt.21.0 1.2008.
o G.O.Ms.No.679, G.A. (Ser.C) Dept., Dt.01.11.2008.
10. Circular U.O,Note.No.27306/Ser.ClAtl09-1,G.A.(Ser.C) Dept., Dt.O7.OB.2O09.
11. Circular Memo.No.10245/Ser.C/At/2010-1, G.A.(Ser.C) Dept., Dt.07.02.2011.
12. Circular Memo. No. 3 189 lSer.C/20t4-1, G.A. (Ser.C)Dept., Dt.L7 .tL.2OL4.
13. U.O.Note.No.GAD}l/272/2Ot9-cLC-5, G.A. (L&C), Dept., Dt.16.07.2019
along with the Minutes of Secretaries, Conference frelO on iO.bZ.ZOfS.

****
ORDER:

In the references 1't to 12th read above, instructions were issued from time
to time on dealing with the disciplinary proceedings against the Government
servants so as to achieve the object to minimize the time period for completion of
the disciplinary proceedings. Thus, ensuring timely action right fro m initiation and
adherlng to the time schedule/limits prescribed till completion of the disciplinary
proceedings.

2. whenever certain commissions and omissions are either noticed or reported

against a Government servant, disciplinary proceedings are initiated for misconduct
as per the provisions laid down in the Andhra pradesh civil Services (classification,
control and Appeal) Rules, 1991 and also as per the provisions contained in the
Andhra Pradesh Revised pension Rules, 1990 in respect of the retired employees.
wherever considered necessary, criminal action is also being initiated oy hting
charge sheets in a court of Law. Time and again instructio-ns were issued for
expeditious completion of the Inquiries where departmental action is initiated in
order to punish the guilty.

3. It is noticed that considerable time is consumed in processing the files

relating to the disciplinary cases at various levels. Therefore, it is felt ne-cessary to
ensure prompt action is taken in dealing with the disciplinary cases at all levels of
administration by following due procedure to avoid delay.

4. Against this back ground, one of the action points that emerged at
secretaries' conference held on 10.o7.2019 is that a comprehensive order
be issued fixing definite time frame for all the stages involved in a disciplinary case
from its initiation to conclusion.

5. Government after careful examination of the matter hereby issue the following
comprehensive guidelines for fixing a definite time frame for all the stages involved
in a disciplinary case in supersession to the earlier instructions issued in references
1tt to 12th read above:-

Contd....
https://amaravathiteacher.com
 https://amaravathiteacher.com

i. There should not be undue delay between the actual occurrence of

offence/irreg ula rity and framing of charges. The preliminary investigation/
preliminary enquiry should be conducted quickly and lf the outcome after
examination of preliminary enquiry report reveals serious
lapses/irreg ula rities, then charges may be framed without further delay' it
has been observed that this process is so delayed that the Charged Officer,
in many cases, retires from service or the charges are framed at the verge
of retirement thereby sometimes resulting in the Government servant
escaping from punishment.

ii. As framing of charges is the first step for initiation of the disciplinary process
and as it is the essence of the allegation, it should not be drafted in very
general terms, such as, negligence of duties, breach of conduct rules,
conduct unbecoming of a Government Servant etc. The charges should be
drafted in a precise manner with clear and appropriate terms, using simple
language. Detailed guidelines on proper framing of charges against officers
were issued vide U.O.Note.No.1041/SC.F/89-14, Dated:16.8.1989, which
shall be strictly followed. While preparing the draft charges, the Disciplinary
Authority should have all the records and other materials for veriflcation of
the facts mentioned in the charges. Simply accepting the draft charges sent
by the preliminary enquiry officer/Investigating Officer, without verifying
them with reference to records is not right. Therefore, the charges should
have enough documentary support for pursuing. The witnesses selected
should speak of the charges and with reference to the records' If the
witness is an official witness, senior officers connected with the matter
should be selected as witness. The charges so drafted should immediately
be served on the Delinquent Officer with the connected documents and his
written defense statement should be obtained and duly examined. Copies
of documents by which and copies of statements of witness by whom, the
article of charges are proposed to be sustained, must be furnished to the
Delinquent Officer along with article of charges. Denial of these documents
defeats principles of natural justice apart from weakening grounds for
further action.
iii, obtaining of wrltten statement of defense from the charged person and
verifying it for its satisfactoriness or otherwise, of course, with reference to
the records, is a must. It should be attended by a senior officer and not by
the lower rank olficers. If the Written Statements of Defense are perused
carefully with reference to records, it will give a clear picture as to whether
the charges can be proceeded with further or not and also whether there is
enough documentary support to prove the charges.

lv. Another step in the process is appointment of a 'Presenting Offlcer" The

Presenting officer is an essential and important functionary in conduct of
departmental inquiries. He plays an important role because he has to
present the case of Disclplinary Authority successfully on behalf of the
bisciplinary Authority before the Inquiring Authority. The Presenting Officer
shouid, therefore, be well conversant with the case and for this, he should
be provided with copies of Charge Memo, Written defense statements and
access to all the connected records/materia I well in advance of his
appearance before the Inquiring Authority. The Disciplinary Authority should
biief the Presenting Officer adequately and give him full support and
cooperation for his successful presentation of the case before the Inquiring
Auti-rority. If the Presenting Officer is a Government servant, he should be
senior enough and should have enough knowledge of the case for
presentation before the Inquiring Authority.

v, It is noticed that most of the Disciplinary Authorities are not sending theof
records to the Inquiring Authority in time or along with the order
appointment of Inquiring Authority, The Disciplinary Authorities are,

Contd....
https://amaravathiteacher.com
 https://amaravathiteacher.com

therefore, requested to send aI connected records to the Inquiring

Authority along with appointment order. They shourd not ast *re-iiaa or
the Departments concerned to send the records directry to the lnquiiing
Authority, without themselves examining them first.

vi. Most of the deficiencies noticed in the course of Inquiries can be avoided, if
disciplinary authority at the rever of secretary / principar secretary sp".iur
chief secretary bestow personal attention to.disciplinary cur"s. ili. I x-JJ or
the Department arso shourd peruse the records blrore they suumii tnem to
secretariat Department. unless the higher officials show
iersonai iri"i.rt
and bestow necessary importance to these matters, without treatin! tnem
as routine files, the subordinate officials will also not show urgJncy in
dealing with these cases. It is not at all fair if senior officers resporisibld for
lapses escape punishment and onry junior officers race inquiriei. Ii ir,
therefore, quite imperative that all the senior officials of various
Departments viz., secretaries / principal secretaries / speciar chief
secretaries should show personal attention to the Disciplinary cases to
avoid such mistakes or miscarriage of justice.

vii, It is often noticed that because of undue delay between the occurrence of
an incidence of negligence / lapse and its noticed that the guilty escapes.
sometimes they retire and the period of four years elapse fr6m the date of
occurrence of event as per cir. Memo. No.gg3083/Fin01-HR0cL1 /g/201g-HR-
III, Finance ( H R.III-Pension) Department, dated 15-03-2020 and initiation
of disciplinary proceedings of the case become time-barred and no action
against the guilty officer is possible under the provisions of the Andhra
Pradesh Revised Pension Rules, 1980. In view of this, it is desirable that
within one year from the receipt of preliminary enquiry report / detailed
enquiry report, all proceedings against the Charged Officer should be
completed, If there is undue delay, the file should be circulated to the chief
secretary / Minister concerned and specific time schedule should be
indicated for disposal of the case and their approval taken. This will reduce
scope for undue delay and consequent non-action against guilty officers.

viii. In case of Departmental proceedings instituted against the retired

Government employees, it is noticed that there is abnormal delay in
completing the inquiries, thereby, the pensionary benefits could noi be
finalized in such cases. Keeping this in view, it is clarified that the time
schedule prescribed to complete the inquiries against Government
employees, as detailed above, shall also apply to the Departmental
Proceedings instituted against the retired Government employees. The
procedure laid down in Rule 20 of the Andhra pradesh Civil Services (CC&A)
Rules, 1991 shall be followed in case of Departmental proceedings initiated
against the retired Government employees, as laid down in Rule 9 of the
Andhra Pradesh Revised Pension Rules, 1980. Thereafter, for obtaining
concurrence of the Andhra pradesh public Service Commission for the
punishment proposed in the case of retired officers, within a week request
to the Andhra Pradesh Public Service Commission must be made for its
concurrence after a decision is taken to impose penalty. So concurrence to
proposed punishment is thus obtained on file.

ix. Government direct that in all simple cases the inquiry initiated against
Government Servant shall be completed within three months either by
Departmental Officers or Commissioner of Inquiries. In complicated cases, it
shall be ensured that the inquiry should be completed within five to six
months. The Secretaries to Government shall review the progress of the
inquiries ordered in all disciplinary cases and submit a note on the cases
pending beyond the stipulated time to Chief Secretary to Government and
also the Chief Minister.

Contd....

https://amaravathiteacher.com
 https://amaravathiteacher.com

x. The time frame followed by the Inquiring Authority and disciplinary authority
is prescribed as follows:

(a) Fixing the date of hearing inspection of listed Within two weeks
documents, submission of the list of defense from the date of
documents and the nomination of a defense appointment of the
assistant (if not already nominated). Inquiring Authority
(b) Inspection of documents or submission of list
of defense witnesses/ defense documents or Two weeks
examination of the relevancy of documents or
witnesses, procuring the additional
documents and submission of the certificates,
confirming inspection the additional
of
documents by accused officer or defense
assistant.
(c) Issue of summons to the witnesses, fixing
the date of regular hearing and arrangements Two weeks
for participation oF the witnesses in the
reqular hearinq.
( d ) Regular hearing on day to day basis. Two weeks
(e) Submission of written briefs by the Two weeks
Presenting Officer and submission of written
briefs by Accused Officer/Defense Assistant
to Inquiring Authority.
(0 Submission of the Inquiry Report by the Two weeks
Inquiring Authority.

(s) Examination of the inquiry report by the One week

disciplinary authority in consultation with
APVC where such consultation is necessary.
(h) The charged official submits his written Withln fifteen
representation or submission to the days
disciplinary authority.

(i) Consultation with APVC where such Two weeks

consultation is necessary

(i) Consultation with APPSC where such Two weeks

consultation is necessary

(k) Passing final order in a disciplinary case by Two weeks

the disciplinary authority.

xi. The Government further order that the Inquiring Authorities are liable for
disciplinary action for their failure to complete the inquiry within stipulated
period. In cases, where large number of witnesses are to be examined and
voluminous material papers are to be verified, the Inquiring Authorities shall
invariably take prior permission of the concerned disciplinary authorities by
submifting detailed reasons for continuing the departmental inquiry beyond
the stipulated period,

xii, The Government further direct that all Vigilance Officers/ Disciplinary
Authorities must invariably keep in mind the date of superannuation of the
Charged Officer, while handling disciplinary cases and complete the
disciplinary action well in time. Anyone found to have consciously ignored
this fact should be held accountable for the delay that may lead to the
eventual dropping of the proceedings.

Contd....

https://amaravathiteacher.com
 https://amaravathiteacher.com

xiii. The Government direct that the disciplinary cases initiated against the
employees shall be dealt on priority basis to avoid delay. The connected file
shall not be detained by the Officers concerned for more than three days
and wherever, the files are circulated to the Hon'ble Ministers, they need to
be persuaded to be cleared within a week.

6. All the Departments of Secretariat, the Heads of Departments and the

District Collectors, should follow the above instructions scrupulously and bring it to
the notice of all the concerned for strict implementation of the above orders.

7. This order is available in online and can be accessed at

apegazette.cgg.gov. in.

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

DT. SAMEER SHARMA,

CHIEF SECRETARY TO GOVERNMENT.

To
All Departments of Secretariat.
All Heads of Departments.
All District Collectors.
The Law (LSP) Department.
The Director General, Anti-Corruption Bureau, Vijayawada.
All Service Sections in Genl. Admn. Department.
The Secretary, A.P. Public Service Commission, Vijayawada.
The Secretary, A.P. Vigilance Commission.
The Registrar, High Court of A.P., Hyderabad.
CoDV to :-
Th aDe ., to Spl. C.S. to C.M.
Th e P.S . to C.S.
Th e P.S . to Secretary (Ser & HRM).
Th e P.S . to the Hon'ble Minister for Finance.
sF/sc.

I lForwarded:: By orderl /
l</<?--
EE
CTION OFFICER
V

https://amaravathiteacher.com