Part IV Penalties and Disciplinary Authorities AP CCA Rules 1991. PART IV - PENALTIES AND DISCIPLINARY AUTHORITIES. This Page deals with the Penalties and Disciplinary authorities that are to be imposed on employees as per the AP CCA Rules 1991. These penalties contains Minor Penalties, Major Penalties, other penalties, Disciplinary Authorities in respect of State Services,Disciplinary authorities and Authorities competent to suspend, in respect of Subordinate Services etc.
Part IV Penalties and Disciplinary Authorities AP CCA Rules 1991
Penalties- 9. The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on a Government servant, namely:-
- (I) Censure;
- (ii) Withholding of promotion;
- (iii) deleted vide G.O.Ms.No. 335, G.A.(Ser.C) Dept., dt: 4.8.2005.
- (iv) withholding of increments of pay without cumulative effect (G. O. Ms. No. 205, GA (Ser. C) Dept., dt. 5-6-98);
- (v) (a) suspension, where a person has already been suspended under rule 8 to the extent considered necessary;
- (v) (b) Reduction to a lower stage in the time scale of pay for a period not exceeding three years, without cumulative effect and not adversely affecting his pension; (G.O. Ms. No. 373, G.A. (Ser.C) Dept., dt: 6.12.2003)
(vi) withholding of increments of pay with cumulative effect (G.O.Ms.No. 205, GA (Ser.C) Dept., dt. 5-6-98);
(vii)(a)save as provided for a in clause (v) (b), reduction to a lower stage in the time scale of pay for a specified period, with further directions as to whether or not the Government servant will earn increments of pay during the period of such reduction and whether on the expiry of such period, the reduction will or will not have the effect of postponing the future increments of his pay;"
(vii)(b)reduction to lower time-scale of pay, grade, post or service which shall ordinarily be a bar to the promotion of the Government servant to the time-scale of pay, grade, post or service from which he was reduced, with or without further directions, regarding conditions of restoration to the grade or post or service from which the Government servant was reduced and his seniority and pay on such restoration to that grade, post or service;" (G.O. Ms. No. 373, G.A. (Ser.C) Dept., dt: 6.12.2003)
(viii) compulsory retirement;
(ix) removal from service which shall not be a disqualification for future employment under the Government;
(x) dismissal from service which shall ordinarily be a disqualification for future employment under the Government.
Provided that, in every case in which the charge of acceptance from any person of any gratification, other than legal remuneration, as a motive or reward for doing or forebearing to do any official act is established, the penalty mentioned in clause (ix) or clause (x) shall be imposed.
Provided further that in any exceptional case and for special reasons to be recorded in writing, any other penalty may be imposed.
Explanation:- The following shall not amount to a penalty within the meaning of this rule, namely-
Other penalties
10. In addition to the penalties specified In rule 9 and notwithstanding anything therein, the following penalties may, for good and sufficient reasons and as hereinafter provided, be Imposed, namely:-
(vii)(b)reduction to lower time-scale of pay, grade, post or service which shall ordinarily be a bar to the promotion of the Government servant to the time-scale of pay, grade, post or service from which he was reduced, with or without further directions, regarding conditions of restoration to the grade or post or service from which the Government servant was reduced and his seniority and pay on such restoration to that grade, post or service;" (G.O. Ms. No. 373, G.A. (Ser.C) Dept., dt: 6.12.2003)
(viii) compulsory retirement;
(ix) removal from service which shall not be a disqualification for future employment under the Government;
(x) dismissal from service which shall ordinarily be a disqualification for future employment under the Government.
Provided that, in every case in which the charge of acceptance from any person of any gratification, other than legal remuneration, as a motive or reward for doing or forebearing to do any official act is established, the penalty mentioned in clause (ix) or clause (x) shall be imposed.
Provided further that in any exceptional case and for special reasons to be recorded in writing, any other penalty may be imposed.
Complete Details of Service Rules Click Here
Explanation:- The following shall not amount to a penalty within the meaning of this rule, namely-
- (i) non-promotion whether in a substantive or officiating capacity, of a Government servant in a class, category or grade of the service, after consideration of his case on merit, to a higher class, category or grade in the same Service to which he is eligible;
- (ii) reversion of a Government servant from a department in which he is on deputation to his parent department or to a post not lower than the post on which he holds a lien or a suspended lien, for administrative reasons unconnected with his work or conduct;
- (iii) replacement of the· services of a Government servant, whose services had been borrowed from the Government of another State or the Central Government or an authority under the control of the Government of another State or the Central Government or the authority from which the services of such Government servant had been borrowed;
- (iv) stoppage or postponement of increment of a Government Servant on account of extension of probation under rule 26 in Part-II of the Andhra Pradesh State and Subordinate Service Rules;
- (v) reversion of a Government Servant, appointed on probation to any other Service, grade or post to his permanent Service, grade or post during or at the end of the period of probation in accordance with the terms of his appointment or the rules and orders governing such probation.
- (vi) reversion of a Government servant officiating in a higher service, grade or post to a lower service, grade or post, on the ground that he is considered to be unsuitable for such higher service, grade or post or on any administrative ground unconnected with his conduct.
- (vii) withholding of increments of pay of a Government servant for his failure to pass any departmental examination in accordance with the rules or orders governing the service to which he belongs or post which he holds or the terms of his appointment;
- (viii) termination of the services of a Government Servant appointed on probation, during or at the end of the period of his probation, in accordance with the terms of his appointment or the rules and orders governing such probation;
- (ix) discharge of a Government Servant engaged under contract, in accordance with the terms of his contract;
- (x) discharge of a Government Servant appointed otherwise than under contract, to hold a temporary appointment, on the expiration of the period of the appointment;
Other penalties
10. In addition to the penalties specified In rule 9 and notwithstanding anything therein, the following penalties may, for good and sufficient reasons and as hereinafter provided, be Imposed, namely:-
(i) fine, on a member of the Andhra Pradesh Last Grade Service and on a person holding any of the posts specified in Appendix-I to these rules;
(ii) suspension for a period not exceeding fifteen days-
(a) on Forest Guards;
(b) on directly recruited members of the Andhra Pradesh Police Subordinate Service and the Andhra Pradesh Special Armed Police Service.
(c) on Station Officers, Engineers Sub-Officers, Leading Fireman, Driver-Mechanics, Driver-Operators, Firemen- Machanlcs, Firemen and equivalent ranks of the Andhra Pradesh Fire Subordinate Service:
Provided that the penalty may be imposed on Government Servants mentioned in sub-clauses (b) and (c) only if the penalty of reduction to a lower grade, post or time-scale or to a lower stage in the same time-scale cannot be imposed.
(b) on directly recruited members of the Andhra Pradesh Police Subordinate Service and the Andhra Pradesh Special Armed Police Service.
(c) on Station Officers, Engineers Sub-Officers, Leading Fireman, Driver-Mechanics, Driver-Operators, Firemen- Machanlcs, Firemen and equivalent ranks of the Andhra Pradesh Fire Subordinate Service:
Provided that the penalty may be imposed on Government Servants mentioned in sub-clauses (b) and (c) only if the penalty of reduction to a lower grade, post or time-scale or to a lower stage in the same time-scale cannot be imposed.
Disciplinary Authorities in respect of State Services
11. (1) The High Court of Andhra Pradesh may impose on members of the Andhra Pradesh State Judicial Service, any of the penalties specified in clauses (i) to (vii) of rule 9;Provided that the High Court of Andhra Pradesh may impose on Judicial, First Class Magistrates any of the penalties specified in rule 9.
(2) (i) The Commissioners concerned may impose on Mandal Revenue Officer, Assistant Superintendents of Excise (including Chemical Examiner in the cadre of Assistant Superintendent of Excise), Deputy Commercial Tax Officers and Assistant Directors of Survey and Land Records, any of the penalties specified in clauses (i) to (v) of rule 9.
- (ii) The District Collector may impose on Mandal Revenue Officers the penalties of (a) censure, (b) withholding of increment for a period of three months without cumulative effect.
- (iii) (a) The Commissioner, Commercial Taxes may impose on Commercial Tax Officers the penalties of (a) censure, (b) withholding of increment for a period of three months without cumulative effect.
- (b) The Deputy Commissioner, Commercial Taxes may impose on Deputy Commercial Tax Officers the penalties of (a) censure, (b) withholding of increment for a period of three months without cumulative effect.
- (iv) "(a) The Commissioner, Panchayat Raj and Rural Employment may impose the minor penalties as specified in clauses (i) to (v) of rule 9, on Chief Executive Officers, Zilla Parishad Deputy Chief Executive Officers, Zilla Parishad, District Panchayat Officers and Accounts Officers of Zilla Parishad.
- (b) The Collector and District Magistrate may impose the minor penalties as specified in clauses (i) to (v) of rule 9, on Mandal Parishad Development Officers, Divisional Panchayat Officers, Extension Officers (Panchayats), Extension Officers (Rural Development), executive Officers (Gram Panchayat)".
(3) The Principal Secretary to Government, the Second Secretary to Government, the Special Secretary to Government, the Secretary to Government and the Secretary to Governor may impose on Section Officers working in their respective departments, any of the penalties specified in clauses (i) to (v) of rule 9.
"(3-A) The Principal Secretary to Government, the Second Secretary to Government, Special Secretary to Government, the Secretary to Government and the Secretary to Governor may impose on the Private Secretaries to the said Secretaries to Government working in their respective departments, any of the penalties specified in clauses (i) to (v) of rule:9". (G.O.Ms.No. 382, GA (Ser.C) Dept., dt.15-9-2001.)
(4)The Director of Treasuries and Accounts may impose on the Accounts Officers, District Treasury Officers, Assistant Directors, Pension Payment Officers and other Officers of equivalent cadre in Treasuries and Accounts Department, the penalties specified In clauses (i) and (iv) of rule 9;
(5) The Director of Local Fund Audit may impose on the Audit Officers of the Andhra Pradesh Local Fund Audit Service, the penalties specified In clauses (i) and (iv) of rule 9.
(6) The Commissioner, Endowments Department may impose on the Deputy Commissioner and Assistant Commissioners, Endowments Department, the penalties specified in clauses (i) and (iv) of rule 9.
"(3-A) The Principal Secretary to Government, the Second Secretary to Government, Special Secretary to Government, the Secretary to Government and the Secretary to Governor may impose on the Private Secretaries to the said Secretaries to Government working in their respective departments, any of the penalties specified in clauses (i) to (v) of rule:9". (G.O.Ms.No. 382, GA (Ser.C) Dept., dt.15-9-2001.)
(4)The Director of Treasuries and Accounts may impose on the Accounts Officers, District Treasury Officers, Assistant Directors, Pension Payment Officers and other Officers of equivalent cadre in Treasuries and Accounts Department, the penalties specified In clauses (i) and (iv) of rule 9;
(5) The Director of Local Fund Audit may impose on the Audit Officers of the Andhra Pradesh Local Fund Audit Service, the penalties specified In clauses (i) and (iv) of rule 9.
(6) The Commissioner, Endowments Department may impose on the Deputy Commissioner and Assistant Commissioners, Endowments Department, the penalties specified in clauses (i) and (iv) of rule 9.
Sub-rule (7) omitted. (G.O.Ms.No. 246, GA (Ser.C) Department, dt. 13-06-1997).
(8) The Director of Municipal Administration may impose on Municipal Commissioners of the Andhra Pradesh Municipal Commissioners Subordinate Service any of the penalties specified in clauses (i) to (iv) of rule 9.
(9) The Director of Agriculture may impose on the Deputy Directors of Agriculture, the penalty specified in clause (i) of rule 9.
(10) (i) The Director, Bureau of Economics and Statistics or the District Collector may impose on District Statistical Officer, the penalty specified in clause (i) of rule 9.
(ii) The Director, Bureau of Economics and Statistics may impose on Assistant Directors, any of the penalties specified in clauses (i), (ii), (iv) of rule 9.
(11) The Director, Commerce and Export Promotion may impose on Assistant Directors and Section Officers in categories II and III of the Andhra Pradesh Central Store Purchase Service, any of the penalties specified in clauses (i) to (iv) of rule 9.
(12) The Commissioner of Labour may impose on Assistant Commissioners of labour, any of the penalties specified in clauses (i), (ii), (iv) of rule 9.
(13) The Inspector-General of Registration and Stamps may impose on District Registrars (including Assistant Inspector-General), any of the penalties specified in clauses (i), (ii), (iv) of rule 9.
(14) The Commissioner/Director of Fisheries may impose on Deputy Directors of Fisheries, any of the penalties specified in clauses (i) to (iv) of rule 9.
(15) The State Port Officer, Andhra Pradesh may impose on Assistant Engineer for Marine Works at minor ports, the penalty specified in clause (i) of rule 9.
(16) (i) The Director of School Education may impose on Officers in Class II of the Andhra Pradesh Educational Service, any of the penalties specified in clauses (i), (ii), (iv) of rule 9.
(ii) The Director of Higher Education may impose on Deputy Directors of Higher Education, Chief Academic Guidance Officer in the State Council for Educational Research and Training, Hyderabad and Principals of Government Degree Colleges, any of the penalties specified in clauses (i), (ii), (iv) of rule 9.
(iii) The Director of Adult Education may impose on Deputy Directors of Adult Education and District Adult Education Officers, the penalty specified in clause (i) of rule 9.
(17) (I) The Director of Medical Education may impose on Civil Assistant Surgeons, any of the penalties specified in clauses (i) to (iv) of rule 9.
(ii) The Principals of Medical Colleges may impose on Civil Assistant Surgeons of Clinical and Non-Clinical Specialties any of the penalties specified in clauses (i), (ii), (iv) of rule 9.
(iii) The Superintendents of General Hospitals attached to Medical Colleges may impose on Civil Assistant Surgeons of Clinical Specialties and Civil Assistant Surgeons belonging to the Specialties of Bio- Chemistry, Pathology and Micro-Biology, any of the penalties specified in clauses (i). (ii), (iv) of rule 9.
(iv) The Superintendents of the District Headquarters Hospitals may impose on Civil Assistant Surgeons working in the District Headquarters Hospitals, any of the penalties specified in clauses (i), (ii), (iv) of rule 9.
(v ) The District Medical and Health Officers may impose on Civil Assistant Surgeons working in the Hospitals in the Districts other than those working in the District Headquarters Hospitals, any of the penalties specified in clauses (i), (ii), (iv) of rule 9.
(18) (i) The Director of Public Health may impose on Statistician and Medical Officer (Maternity and Child Health) Grade-II, any of the penalties specified in clauses (i) to (vii) of rule 9.
(ii) The Director of Health and Family Welfare may impose on Civil Assistant Surgeons in the Public Health Department, any of the penalties specified in clauses (i) to (iv) of rule 9.
(19) (i) The Director of Animal Husbandry may impose on members in classes III and IV of the Andhra Pradesh Animal Husbandry Service, any of the penalties specified in clauses (i) to (iv) of rule 9.
(ii) The Regional Director or Deputy Director may impose on Veterinary Officers, the penalties specified in clauses (i) to (iv) of rule 9.
(20) (i) The Superintendent of Engineer, (Irrigation) may impose all minor penalties and major penalty of stoppage of annual grade increments with cumulative effect on Assistant Executive Engineer and Deputy Executive Engineer (Irrigation).
(ii) the Engineer-in-Chief (Irrigation) may impose all other major penalties as specified in rule 9 of these rules on Assistant Executive Engineer and Deputy Executive Engineer (Irrigation). (G.O.Ms.No. 353, G.A. (Ser.C) Dept., dt: 18.11.2003)
Earlier position
(20) The Engineer-in-Chief (Irrigation) may impose on- (a) Assistant Engineers, Irrigation Department and Junior Superintendents, Public Works Workshop, the penalty specified in clause (i) of rule 9, and
(b) The Non-Technical Personal Assistant in his office, any of the penalties specified in clauses (i) to (vii) of rule 9.
(21) The Chief Engineer (Electricity) may impose on- (a) Assistant Engineers, Store Superintendents, Chief Accountants and Deputy Chief Accountants under his control, the penalty specified in clause (i) of rule 9; and (b) the Non-Technical Personal Assistant in his office, any of the penalties specified in clauses (i) to (vii) of rule 9.
(22) The Engineer-in-Chief (R&B) may impose on Deputy Executive Engineers (R&B), the penalty specified in clause (i) of rule 9.
23. (i) The Superintendent Engineer, (Public Health) may impose all minor penalties and major penalty of stoppage of annual grade increments with cumulative effect on Assistant Executive Engineer and Deputy Executive Engineer (Public Health).
(ii) The Engineer-in-Chief (Public Health) may impose all other major penalties specified in rule 9 of these rules on Assistant Executive Engineer and Deputy Executive Engineer (Public Health). (G.O. Ms. No. 353, G.A. (Ser.C) Dept., dt: 18.11.2003)
Earlier position
(23) The Chief Engineer, Public Health may impose on Assistant Engineers and Municipal Engineers, Grade II and Municipal Engineers, Grade I (Telangana), the penalty specified in clause (i) of rule 9.
(24) (i) The Chief Engineer (General & Panchayati Raj) may impose on Deputy Executive Engineers of the Panchayati Raj Engineering Service, the penalties specified in clauses (i) and (iv) of rule 9.
(ii) The Superintending Engineer (Panchayati Raj) may impose on Assistant Executive Engineers of the Panchayati Raj Engineering Service, any of the penalties specified in clauses (i) to (iv) of rule 9.
(25) (i) The Deputy Inspector-General of Police or an officer of corresponding rank may impose on -
(a) Deputy Superintendent of Police, Assistant Commissioner of Police, Assistant Commandant, Andhra Pradesh Special Police, Deputy Superintendent, Police Communications and Technical Assistant to Police Transport Officer, any of the penalties specified in clauses (i) to (iv) of rule 9; and
(b) Inspector of Police, Reserve Inspector, Armed Reserve, Reserve Inspector, Andhra Pradesh Special Police, Inspector of Police, Shorthand Bureau, Inspector of Police Communications, Inspector of Police Transport Organisation, Inspector of Women Police, any of the penalties specified in rule 9.
(ii) The Superintendent of Police or an officer of corresponding rank may also impose on Inspector of Police, Reserve Inspector of Armed Reserve, Reserve Inspector of Andhra Pradesh Special Police, Inspector of Police, Shorthand Bureau, Inspector of Police Communications, Inspector of Police Transport Organisation, Inspector of Women Police, any of the penalties specified in clauses (i) to (iv) of rule 9.
(26) The General Manager, District Industries Centre or an officer not lower in rank than a Joint Director of Industries, who is the Head of the District Industries Centre may impose on a member of service holding a post included in category III of the Andhra Pradesh Industries Service, the penalties specified in clauses (i) and (iv) of rule 9.
(a) The Principal Chief Conservator of Forests may impose on Assistant Conservator of Forests any of the penalties specified in clauses (i), (ii) and (iv) of rule 9. (G.O.Ms.No. 496, GA (Ser.C) Dept., dt. 29-11-96)
(b) The Commissioner of Industries may impose on officers of the Industries Department upto and including the Officers of the rank of Joint Directors of Industries, any of the penalties specified in clauses (i) to (v) of rule 9. (G.O.Ms.No. 247, GA (Ser.C) Dept., dated 16-06-1997)
(c) The Controller, Legal Metrology may impose on the Assistant Controllers, Legal Metrology any of the penalties specified in clauses (i) to (v) of rule 9.
(d) the Commissioner and Director, Handloom & Textiles may impose on Deputy Director (Handloom & Textiles) the penalties specified in clauses (i) and (iv) of Rule 9,"
(G.O.Ms.No. 359, GA (Ser.C) Dept., dt. 7-09-98).
(e) The Director of Prosecution may impose any of the penalties specified in clauses (i) to (v) of rule 9 on all categories of Andhra Pradesh Prosecution Services except Additional Director of Prosecution. (G.O. Ms. No. 206, G.A. (Ser.C) Dept., dt: 16.7.2003)
(27) Without prejudice to the foregoing provisions;
(i) every Head of Department may impose on a member of the State Services under his control, the penalty specified in clause (iii) of rule 9, except in the case of each member holding a post immediately below his rank; and
(ii) every Head of Department declared to be the appointing authority may impose on a member of the State Service holding a post at first level or at second level under his control, any of the penalties specified in clauses (i) to (viii) of rule 9. (G.O.Ms.No. 428, GA (Ser.C) Dept., dt. 13-10-1999).
"(iii) The Special Chief Secretary and Chief Commissioner of Land Administration may impose any of the penalties specified in clause (ix) and clause (x) of rule 9 on Mandal Revenue Officers", (G.O.Ms.No.231, GA (Ser.C) Dept., dt. 7-6-2005).
Government's power to impose penalties on members of State Services
(12) Notwithstanding anything in rule 11, the Government may impose any of the penalties specified in rule 9 on members of the State Services.
Authorities competent to suspend members of State Service
(13) The authority which may place under suspension under rule 8 members of the State Services mentioned in column (1) of the table below shall be the authority mentioned in column (2) thereof;
Disciplinary authorities and Authorities competent to suspend, in respect of Subordinate Services.
14. (1) (a) (i) The authority which may place a member of a Subordinate Service under suspension under rule 8 or impose on such member the penalties specified in clause (i) of rule 10 and clauses (i) and (iv) of rule 9 shall be his immediate superior gazetted officer or where the appointing authority for such member is a non-gazetted officer, such officer, or any authority to which he is subordinate;(ii) The Executive Engineer (Irrigation) may place the Assistant Engineer (Irrigation) under suspension and
(iii) The Executive Engineer (Public Health) may place the Assistant Engineer (Public Health) under suspension", (G.O. Ms. No. 353, G.A. (Ser.C) Dept., dt: 18.11.2003)
(b) (i) The authority which may impose, on a member of a Subordinate Service, the penalty specified in clause (iii) of rule 9 shall be the officer next above the immediate superior gazetted officer;
(ii) The Executive Engineer (Irrigation) may impose minor penalties on Assistant Engineer (Irrigation) and
(iii) The Executive Engineer (Public Health) may impose minor penalties on Assistant Engineer (Public Health) (G.O. Ms. No. 353, G.A. (Ser.C) Dept., dt: 18.11.2003)
Provided that the appointing authority or any authority to which it is subordinate may also impose the aforesaid penalty;
Provided further that the Assistant Excise Superintendent, M.R.Os. Deputy Commercial Tax Officer, Personal Assistant to the Superintendent of Police and Deputy Superintendent of Police, except to the extent provided in the first proviso to sub-rule (2), shall not exercise the powers vested in a gazetted officer under this sub-rule; but such powers shall be exercised by Superintendent of Excise, Revenue Divisional Officer, Commercial Tax Officer, Superintendent of Police or Additional Superintendent of Police, as the case may be;
Provided also that in the case of the members belonging to the categories of officers specified in Appendix-II to these rules, the authority which may impose any of the penalties specified in clauses (i), (iii), (iv) of rule 9 or place under suspension under rule 8 shall be as specified thereof against each such category .
(2) (i) The authority which may impose on a member of a Subordinate Service, the penalties specified in clauses (ii), (v) to (x) of rule 9 shall be the appointing authority or any authority to which it is subordinate:
(ii) The Superintendent Engineer (Irrigation) may impose major penalties on Assistant Engineer (Irrigation)
(iii) The Superintendent Engineer (Public Health) may impose major penalties on Assistant Engineer (Public Health). (G.O. Ms. No. 353, G.A. (Ser.C) Dept., dt: 18.11.2003)
Provided that in case of the members of the Services specified in Appendix III to these rules, the authority which may impose any of the penalties specified in rule 9 and clause (i) of rule 10, shall be as specified thereof against each;
Provided further that in case of a member of the Andhra Pradesh Police Subordinate Service or the Andhra Pradesh Special Armed Police Service, the authority which may impose any of the penalties specified in rule 9, shall be as specified against each of the categories in Appendix IV; (G.O.Ms.No. 284, G.A. (Ser.C) Department, Dated: 07-07-1997) Provided also as that the Superintendent, Forest School, Yellandu, Forest Utilisation Officer, State Sylviculturist, Working Plans Officer or District Forest Officer concerned, as the case may be or any authority to which it is subordinate, may impose the penalty specified in clause (ii) of rule 10 on Government servants mentioned in sub-clause (a) thereof;
Provided also that the authority specified as competent to impose the penalty of suspension under clause (v) of the rule 9 in Appendix IV, as the case may be or any authority to which it is subordinate may impose the penalty specified in clause (ii) of rule 10 on Government servants mentioned in sub-clause (b) thereof;
Provided also that the Additional Director of Fire Service or the Regional Fire Officer concerned, as the case may be, or any authority to which it is subordinate may impose the penalty specified in clauses (ii) of rule 10 on Government servants mentioned in sub-clause (c) thereof.
Power of appointing authority etc. to suspend members of State and Subordinate Services.
"Provided also that the Mandal Parishad Development Officer may impose the minor penalties and keep under suspension the Superintendent, Extension Officer (Panchayat Raj & Rural Development), Senior Assistant, Panchayat Secretaries, Junior Assistant, Typist, Class IV employees of Mandal Parishads as specified in clauses (i) to (v) of rule 9 of these rules". (G.O. Ms. No. 53, G.A. (Ser.C) Dept., dt: 28.2.2004)15. Notwithstanding anything in these rules, the appointing authority or any authority to which it is subordinate including Government may also place under suspension under rule 8, any member of a service to whom these rules apply.
Disciplinary authority in case of promotion or transfer of a member of a service and on reversion or reduction there from.
16. (1) Where, on promotion or transfer, a member of a service in a class, category or grade is holding an appointment in another class, category or grade thereof or in another service, State or Subordinate, no penalty shall be imposed upon him in respect of his work or conduct before such promotion or transfer except by authority competent to impose the penalty upon a member of the service in the latter class, category, grade or service, as the case may be. This provision shall apply also to cases of transfer or promotion of a person from a post under the jurisdiction of one authority to that of another authority within the same class, category or grade;
Provided that the authority which may impose any of the penalties on a member of the Andhra Pradesh Police Subordinate Service or the Andhra Pradesh Special Armed Police Service or the Deputy Superintendent of Police or Assistant Commissioner of Police in category 2 and the Inspector of Police in category 4 of the Andhra Pradesh Police Service in cases not involving promotion or appointment by transfer, shall be the competent authority having jurisdiction over such member at the time of commission of such act or omission, as the case may be or any authority to which it is subordinate;
Provided further that in case of a member of the Andhra Pradesh Police Subordinate Service or the Andhra Pradesh Special Armed Police Service, an Officer superior to the competent authority may, for reasons to be recorded In writing, transfer a record of enquiry in a disciplinary case from the competent authority to any other authority holding the same rank for disposal.
(2) Where a person has been reverted or reduced from a State Service to a Subordinate Service, or from one service to another or from one class, category or grade of a service to another class, category or grade thereof, no penalty shall be imposed upon him in respect of his work or conduct while he was a member of the service, class, category or grade, as the case may be, from which he was reverted or reduced, except by an authority competent to impose the penalty upon a member of such service, class, category or grade.
Special Provision in respect of Police Officials employed in Anti- Corruption Bureau, Vigilance and Enforcement Department and Lokayukta and Upa-Lokayukta.
17. No member of the Andhra Pradesh Police Subordinate Service or an Inspector of Police employed in the Anti-Corruption Bureau, the Department of Vigilance and Enforcement, General Administration Department or under the Lokayukta and Upa-Iokayukta shall be compulsorily retired, removed or dismissed from service during the period of his employment in the Anti-Corruption Bureau, the Department of Vigilance and Enforcement, General Administration Department or under the Lokayukta and Upa-Lokayukta or for a period of three years from the date on which he ceased to be employed therein, without the previous sanction of the State Government;
Provided that the previous sanction of the State Government shall not be necessary for compulsory retirement, removal or dismissal of a member of the service or an Inspector of Police employed in the Anti-Corruption Bureau, the Department of Vigilance and Enforcement, General Administration Department or under the Lokayukta and Upa-Lokayukta, for any act done by him prior to his employment therein.
Lower authority not to reopen case: higher authority can exercise power
18. (1) Where in any case a higher authority has imposed or declined to impose a penalty under rule 11, 12 or 14 a lower authority shall have no jurisdiction to proceed under these rules in respect of the same case.(2) Where in any case a lower authority has imposed a penalty or exonerated a member of a service, it shall not debar a higher authority from exercising his powers under these rules in respect of the same case. The order of such higher authority shall supercede any order passed by a lower authority in respect of the same case.
Authority to Institute proceedings
19. (1) The Government or any other authority empowered by it by general or special order may-
(a) institute disciplinary proceedings against any Government servant;
(b) direct a disciplinary authority to institute disciplinary proceedings against any Government servant on whom that disciplinary authority is competent to impose under these rules any of the penalties specified in rule 9 or rule 10.
(2) A disciplinary authority competent under these rules to impose any of the penalties specified in clauses (i) to (v) of rule 9 or in rule 10 may institute disciplinary proceedings against any Government servant for the imposition of any of the penalties specified in clauses (vi) to (x) of rule 9 notwithstanding that such disciplinary authority is not competent under these rules to impose any of the latter penalties .
