Memo.No.655/ Ser.C/1990- l Dated: 17.08.1990 Proposals to be sent to APPSC for Advice on Disciplinary Cases. Public Services - Disciplinary Cases against Government Servants - Proposals to be sent to A.P. Public Service Commission for advice under Regulation 17 - Instructions- Issued.
Memo.No.655/ Ser.C/1990- l Dated: 17.08.1990
Sub:- Public Services - Disciplinary Cases against Government Servants - Proposals to be sent to A.P. Public Service Commission for advice under Regulation 17 - Instructions- Issued.
Ref:-
Memo.No.655/ Ser.C/1990- l Dated: 17.08.1990 Proposals to be sent to APPSC for Advice on Disciplinary Cases
GOVERNMENT OF ANDHRA PRADESH
GENL. ADMN. (SERVICES.C) DEPARTMENT
Memo.No.655/ Ser.C/1990- l Dated: 17.08.1990
Sub:- Public Services - Disciplinary Cases against Government Servants - Proposals to be sent to A.P. Public Service Commission for advice under Regulation 17 - Instructions- Issued.
Ref:-
1. G.O.Ms.No 194, GA (Ser.C) Dept., dated 15.3.1990.
2. From the Secretary, AP Public Service Commission Lr.No. 1475/RT/5/90, dated 19.07.1990.
The attention of the Departments of Secretariat and the Heads of Departments is invited to the Regulation 17 of the Andhra Pradesh Public Service Commission Regulations, 1963 and the G.O. first cited wherein certain instructions have been issued on the procedures laid down under rule 19 (2) (a) of Andhra Pradesh Civil Services (Classification, Control Appeal) Rules, 1963 for conducting Departmental Enquiries.
2. It is hereby reiterated that according to Regulation No. 17 of Andhra Pradesh Public Service Commission Regulations, 1963, the Commission should be consulted on disciplinary matters affecting a person serving under the Govt. of a State in a Civil capacity and the concurrence by the A.P. Public Service Commission in such cases is a statutory requirement. Having regard to the importance attached to this function, it is needless to say that there should not be any delay in finalising the cases. The Andhra Pradesh Public Service Commission has pointed out that on several occasions several Enquiry Officers appointed either by the Govt. or Heads of Departments have invariably not followed the procedures laid down under the statutory provisions for conducting Departmental enquiries under rule 19 (2) (a) of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, particularly the personal Files of the delinquent officers and proformae containing detailed particulars of the Delinquent Officers etc., are not being sent along with the proposals to the Andhra Pradesh Public Service Commission. Even when records are sent, they do not contain the relevant information connected with the case referred to. The commission has felt that there is unnecessary correspondence leading to delay. Where complete records are not received, the Commission has decided not to entertain any such case, but to return them to the Government for resubmission with all relevant records. It has also been observed by the Commission that some departments are taking unduly long time for supplying the records required by the Commission.
3. With a view to hasten the process of finalising the cases, it is considered necessary that the department concerned should forward the proposals in complete shape, including information on all the items referred to in the check list appended. This may go a long way in curbing the delays both at Government level and in the Office of the Andhra Pradesh Public Service Commission.
4. In the G.O. referred to above, an amendment has been issued to the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1963 for conducting exparte oral enquiry when there is no reply from the delinquent officer for the charge Memorandum. The Commission has pointed out that while examining the disciplinary cases pertaining to cases of unauthorised absence, in many cases Enquiry Officers are not conducting exparte oral enquiry when there is no reply from the delinquent Officer to the Charge memorandum even though it was got published in the AP Gazette. The Commission has also pointed out that in respect of cut in pension of the retired employees, the period for which the cut is imposed is not indicated in several cases.
5. All Heads of Departments and Departments of Secretariat are therefore requested to adhere to the instructions issued under Classification, Control, and appeal Rules in this regard scrupulously and bring these instructions to the notice of their subordinates. Information and papers relating to disciplinary cases may be furnished to the Commission as per the check list appended.
2. Whether Temp / Permanent / Contract Service:
3. Post held substantively if any permanent Services
a) Designation
b) Scale of Pay
c) Date from which pay shown against (a) drawn
4. Post held at present in an Officiating Capacity:
a) Designation
b) Scale of Pay
c) Pay drawn
d) Date from which pay shown against (C) drawn
e) Whether the approval of APPSC to the Officer Officiating appointment has been obtained in case such approval was necessary under rule (given No. & Date of PSC's relevant letter)
5. The next lower post of Officer should have held but for his appointment to the present post he is holding.
6. Post if any in which (Questionnaire) The Service of the Officer have been regularised but not made Substantive
7. Increments
a) Date of next increment in the post Held substantively
b) Date of next increment in post of which officiating at present
8. Date of Birth
9. Date of joining in Government Service
10. Date when due to retire
11. a) Appointing authority in respect of the post held at present or the authority which actually appointed the person if the authority is higher
b) Punishing authority in respect of post held at Present
c) Appellate authority in respect of the post held at Present
12. Whether an oral enquiry if required Under the rule has been held
13. Name and Designation of the Enquiry Officer: appointed, if any
14. Whether all the relevant documents in original: particularly following have been enclosed with the Commission's advice
A. In the case of Original Enquires
i) Papers relating to preliminary enquiry if any
ii) Date of Preliminary enquiry
iii) Suspension Orders, if any
iv) Charge sheet with the State of allegations
v) Explanation of the accused officer to the charge sheet
vi) Record of the oral enquiry
vii) Enquiry Officers Report
viii) Show cause notice for inflicting a major penalty
ix) a) Date of issue of show cause notice
b) Whether enquiry Officer Report Enclosed to the show cause notice
x) Reply of the accused Officer to the show cause notice
xi) Miscellaneous Documents regarding Evidence:
B. In the case of appeals: In addition to the documents specified under
(A) above, the following
i) Order of the punishing authority
ii) Appeal if any of the accused Officer
iii) Comments on the appeal as required
C. In the case of petition / Memorials
i) Orders, if any on the appeal
ii) Petitions or memorial, if any from the accused Officer
15. If no enquiry has been held whether the Memo. Containing the allegations and the Officials reply thereto required have been enclosed in original
16. Whether comments on procedural points, if any raised by the Officer in his explanation to the charge sheet reply to the show cause notice/appeal/petition have been given
2. From the Secretary, AP Public Service Commission Lr.No. 1475/RT/5/90, dated 19.07.1990.
The attention of the Departments of Secretariat and the Heads of Departments is invited to the Regulation 17 of the Andhra Pradesh Public Service Commission Regulations, 1963 and the G.O. first cited wherein certain instructions have been issued on the procedures laid down under rule 19 (2) (a) of Andhra Pradesh Civil Services (Classification, Control Appeal) Rules, 1963 for conducting Departmental Enquiries.
2. It is hereby reiterated that according to Regulation No. 17 of Andhra Pradesh Public Service Commission Regulations, 1963, the Commission should be consulted on disciplinary matters affecting a person serving under the Govt. of a State in a Civil capacity and the concurrence by the A.P. Public Service Commission in such cases is a statutory requirement. Having regard to the importance attached to this function, it is needless to say that there should not be any delay in finalising the cases. The Andhra Pradesh Public Service Commission has pointed out that on several occasions several Enquiry Officers appointed either by the Govt. or Heads of Departments have invariably not followed the procedures laid down under the statutory provisions for conducting Departmental enquiries under rule 19 (2) (a) of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, particularly the personal Files of the delinquent officers and proformae containing detailed particulars of the Delinquent Officers etc., are not being sent along with the proposals to the Andhra Pradesh Public Service Commission. Even when records are sent, they do not contain the relevant information connected with the case referred to. The commission has felt that there is unnecessary correspondence leading to delay. Where complete records are not received, the Commission has decided not to entertain any such case, but to return them to the Government for resubmission with all relevant records. It has also been observed by the Commission that some departments are taking unduly long time for supplying the records required by the Commission.
3. With a view to hasten the process of finalising the cases, it is considered necessary that the department concerned should forward the proposals in complete shape, including information on all the items referred to in the check list appended. This may go a long way in curbing the delays both at Government level and in the Office of the Andhra Pradesh Public Service Commission.
4. In the G.O. referred to above, an amendment has been issued to the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1963 for conducting exparte oral enquiry when there is no reply from the delinquent officer for the charge Memorandum. The Commission has pointed out that while examining the disciplinary cases pertaining to cases of unauthorised absence, in many cases Enquiry Officers are not conducting exparte oral enquiry when there is no reply from the delinquent Officer to the Charge memorandum even though it was got published in the AP Gazette. The Commission has also pointed out that in respect of cut in pension of the retired employees, the period for which the cut is imposed is not indicated in several cases.
5. All Heads of Departments and Departments of Secretariat are therefore requested to adhere to the instructions issued under Classification, Control, and appeal Rules in this regard scrupulously and bring these instructions to the notice of their subordinates. Information and papers relating to disciplinary cases may be furnished to the Commission as per the check list appended.
V.V. SATYANARAYANA
Secretary to Government
CHECK LIST ON DISCIPLINARY CASES FOR SUBMISSION TO A.P.P.S.C.
- 1. In which the Enquiry Officer is appointed:
- 2. Preliminary Enquiry Report if any:
- 3. Charge Memo. Issued to the delinquent Officer by the E.O. at the time of enquiry:
- 4. Explanation of the Delinquent Officer to the Charge Memo issued by the Enquiry Officer:
- 5. Records relating to the conduct of oral enquiry, perusal of records by the Delinquent Officer and the cross-examination of witnesses etc.:
- 6. Complete Enquiry Report with the findings of the Enquiry Officer:
- 7. Final Show-Cause notice served on the Delinquent Officer by the Government against the punishment proposed:
- 8. Explanation of the Delinquent Officer to the final show cause notice of the Government:
- 9. Complete and up to date Proforma Particulars of the Delinquent Officer:
- 10. Complete and up-to-date personal file of the Delinquent Officer:
- 11. List of such other relevant records sent along with the disciplinary case:
- 12. Questionnaire Format (for individual-wise Submission):
- 13. Name of the Delinquent Officer Designation and Department:
- 14. The Punishment proposed by Govt. with reasons support of the proposed punishment
- 15. Whether the punishment proposed is minor/ major If major, whether required the procedure so required under rule 19(2) of the CCA Rules has been followed:
CHECKLIST
- 1. Preliminary Enquiry Report.
- 2. Govt. Order relating to the appointment of Enquiry Officer.
- 3. Charge Memo. Containing the basis for the charge and the details of Charges framed.
- 4. Explanation of charge Memo. and whether the delinquent Officer asked for Oral Enquiry or Personal hearing (Form-I to be enclosed) if given.
- 5. If opted for personal hearing, the recorded statement of the Delinquent Officer by the Enquiry Officer.
- 6. If opted for Oral Enquiry:
- a) Prosecution evidence (Oral)
- b) Prosecution evidence (documents)
- c) Defence evidence (Oral)
- d) Defence evidence (documents)
- 7. Enquiry Report.
- 8. Show cause Notice.
- 9. Explanation to Show Cause Notice.
- 10. Personal Files.
- 11. Proforma particulars.
ANNEXURE
1. Name of the Accused Officer 2. Whether Temp / Permanent / Contract Service:
3. Post held substantively if any permanent Services
a) Designation
b) Scale of Pay
c) Date from which pay shown against (a) drawn
4. Post held at present in an Officiating Capacity:
a) Designation
b) Scale of Pay
c) Pay drawn
d) Date from which pay shown against (C) drawn
e) Whether the approval of APPSC to the Officer Officiating appointment has been obtained in case such approval was necessary under rule (given No. & Date of PSC's relevant letter)
5. The next lower post of Officer should have held but for his appointment to the present post he is holding.
6. Post if any in which (Questionnaire) The Service of the Officer have been regularised but not made Substantive
7. Increments
a) Date of next increment in the post Held substantively
b) Date of next increment in post of which officiating at present
8. Date of Birth
9. Date of joining in Government Service
10. Date when due to retire
11. a) Appointing authority in respect of the post held at present or the authority which actually appointed the person if the authority is higher
b) Punishing authority in respect of post held at Present
c) Appellate authority in respect of the post held at Present
12. Whether an oral enquiry if required Under the rule has been held
13. Name and Designation of the Enquiry Officer: appointed, if any
14. Whether all the relevant documents in original: particularly following have been enclosed with the Commission's advice
A. In the case of Original Enquires
i) Papers relating to preliminary enquiry if any
ii) Date of Preliminary enquiry
iii) Suspension Orders, if any
iv) Charge sheet with the State of allegations
v) Explanation of the accused officer to the charge sheet
vi) Record of the oral enquiry
vii) Enquiry Officers Report
viii) Show cause notice for inflicting a major penalty
ix) a) Date of issue of show cause notice
b) Whether enquiry Officer Report Enclosed to the show cause notice
x) Reply of the accused Officer to the show cause notice
xi) Miscellaneous Documents regarding Evidence:
B. In the case of appeals: In addition to the documents specified under
(A) above, the following
i) Order of the punishing authority
ii) Appeal if any of the accused Officer
iii) Comments on the appeal as required
C. In the case of petition / Memorials
i) Orders, if any on the appeal
ii) Petitions or memorial, if any from the accused Officer
15. If no enquiry has been held whether the Memo. Containing the allegations and the Officials reply thereto required have been enclosed in original
16. Whether comments on procedural points, if any raised by the Officer in his explanation to the charge sheet reply to the show cause notice/appeal/petition have been given
