where it is proposed to withhold or withdraw pension otherwise admissible to the officer as a result of disciplinary proceedings instituted/deemed to continue in respect of an officer who has retired from service)
(a) Whether order was issued in the prescribed proforma to the effect that disciplinary proceedings should be instituted/continued under the Revised Pension Rules vide Memo. No. 17757-A/216/Pen.I/94, dated: 24-05-1994 of Fin.Pen.I) Department
(b) Whether the charge is within the limitation of 4 years as per Rule 9(2)(b)(ii) of R.P.Rs.
(c) Whether show cause notice issued to the officer indicating precisely the quantum of cut proposed to be made in his operative. (As per note under Rule 9(2) of RPRs)
(d) Reply of the officer to the aforesaid notice
(e) Comments on factual or procedural points raised by the officer in his reply.
(f) Whether APPSC was consulted on the penalty?
C. In Case Of Disciplinary Inquiry By Tribunal For Disciplinary Proceedings:
In case of T.D.P. inquiry date of furnishing of records of T.D.P. Whether orders are issued in the prescribed format in terms of U.O.Note No. 58414/Ser.C/2000-3, dated 1-5-1993 [refer topic-B for further course of action under APCS (DPT) Rules]
1. (a) Date of order placing the CO(s) on their defence before Tribunal for disciplinary proceedings:
(b) Date of receipt of report from TDP.
2. Ref. No.
3. Findings of the T.D.P.
4. Whether tribunal proved the charges and in case of exoneration whether it is stated that the C.Os are fully exonerated (if no specific recommendation is made it should be construed that the C.O(s) are not fully exonerated as per Rule 6(2) (a) of APCS (DPT) Rules.
5. Whether findings of the TDP are agreed to if not
(i) Whether further inquiry by TDP is sought under Rule6 (2)(c) of APCS(DPT) Rules
(ii) Whether it is proposed to disagree with the findings of the T.D.P.
6. Whether Vigilance Commission is consulted as per instructions issued in G.O.Ms.No.514, GA (Ser.C) Department, dated 15-10-1994, if so the advice of V.C.
7. Whether enquiry report of the TDP is communicating to C.O. calling for his repn. If any (within one month).
(i) agreeing with the findings.
(ii) disagreeing with findings duly communicating the points of disagreement together with a brief statement of the grounds therefor along with enquiry report.
8. Whether any repn. of the delinquent officer received if so his contentions.
9. Comments of the Government on the repn, of delinquent officer.
10. Provisional decision of the Government on penalty to be imposed.
11. Advice of the Commission on the quantum of penalty to be imposed
12. Whether Department issued orders as advised above (If the CO is retired after the case is entrusted to TDP a show cause notice may be issued as per note to Rule 9 (2) of R.P.Rs, 1980, before imposing penalty)
13. If not whether orders in circulation to CM are obtained for deviation.
14. Final orders issued by the Government, with ref. no. and date.
D. Disciplinary Action For Penalty In Pursuance Of Conviction In Court Under Rule 25(I) Of C.C.A. Rules.
(Mere suspension of sentence no bar to levy of penalty under Rule 25(i) of CCA Rules)
1. Name of the Court which convicted the accused officer(s) with C.C. No./date of judgement
2. Date of receipt of copy of judgement
3. Sentence
4. Nature of offence held proved viz., misappropriation, corruption, acceptance of illegal gratification, forgery, possession of disproportionate assets, causing wilfull loss to Government for pecuniary gain of private persons
5. Penalty proposed
(Penalty of dismissal from service in terms of orders issued in U.O. Note. No. 1700/SC.D/92-4, GA (Sc.D) Department , dated 9-3-1994, proviso to Rule 9 of C.C.A. Rules and G.O.Ms.No. 2, GA (Ser.C) Department , dated 4-1¬99 to be imposed originally in the above cases)
6. If a lesser punishment is proposed, reasons therefor
7. Whether properties of accused officer was attached and forfeited under Crl. Law Amendment Ordinance, in the disproportionate/misappropriation etc., cases. Action taken thereon.
8. In case of acquittal whether competent authority has examined the judgement whether there are grounds for appeal
9. Whether appealed?
10. Whether proposed to initiate Department . action in case of acquittal on benefit of doubt/technical grounds
11. Provisional decision of the disciplinary authority
12. Whether APVC is consulted in the matter
13. Advice of V.0 in the case
14. Whether orders are proposed as advised by Andhra Pradesh Vigilance Commission
15. If not whether orders is circulation to CM have been obtained
16. Final orders of the Government in the disciplinary action consequent on conviction of accused officer(s) and penalty imposed on delinquent(s)
Note: – In case of penalty other than pension cut in pursuance of conviction Department need not consult the APPSC.
17. Disciplinary cases against Government employees – Departmental Inquiries – Time Schedule to expedite the inquiries – Orders – Reiterated – Issued.
(Memo. No. 51883/Ser.C/2002-2 , G.A..(Ser-D) Department , dated 19-12-2002)
Ref: – 1. Circular Memo. No. 35676/Ser.C/98, G.A. (Ser.C) Department , dated 01-07-1998.
2. Government Memo. No. 23537/Ser.C/99-5, G.A. (Ser.C) Department , dated 28-07-1999.
3. U.O.Note No.1992/Ser.C/2000, G.A. (Ser.C) Department , dated 27-04-2000.
4. From Dy.A.G.(P), 0/o. The A.G., A.P., Hyd., D.O. Lr.No.PM/I-1(12-A)2002- 2003/33, Dated 12-08-2002.
5. From Fin. (PSC) Department , U.O. Note No.28535/C/333/PSC/01, dated 21-10-2002.
Order: – In the reference first cited instructions were issued that in all simple cases the enquiry initiated shall be completed within three months either by Departmental Officers or Commissioner of Inquiries. In complicated cases, it shall be ensured that the enquiry should be completed within five to six months. Further it has been requested therein that the Secretaries to Government shall review the progress of the enquiries 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. The object is to ensure timely action in all disciplinary cases and also to adhere to the time limit prescribed.
2. In the references 2nd and 3rd cited, a time schedule was prescribed to expedite the Departmental enquiries as detailed below:
| (a) Fixing date of hearing, inspection of listed documents, submission of list of defence documents and nomination of the a defence asst. (if not already nominated). | Within two weeks from the date of appointment of the Enquiry Officer |
| (b) Inspection of documents or submission of list of defence witnesses/defence of documents or examination of relevancy of documents or witnesses, procuring the additional documents and submission certificates, confirming inspection of additional documents by accused officer or defence assistant. | Two Weeks |
| (c) Issue of summons to witnesses, fixing the date of regular hearing and arrangements for participation of witnesses in the regular hearing. | Two Weeks |
| (d) Regular hearing on day to day basis. | Two Weeks |
| (e) Submission of written briefs by Presenting Officer and submission of written briefs by Accused Officer/Defence Asst. to Inquiry Officer. | Two Weeks |
| (f) Submission of Inquiry Report by the Inquiry Officer. | Two Weeks |
In the case of Departmental proceedings instituted against the retired Government employees, it is noticed that there is abnormal delay in completing the enquiries, thereby, the pensionary benefits could not be finalized in such cases. Keeping this a view, it is clarified that the time scheduled prescribed to complete the enquiries 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 Andhra Pradesh Civil Services (C.0 &A) Rules, 1991 shall be followed in case of Departmental Proceedings against the retired Government employees as laid down in Rule 9 of Andhra Pradesh Revised Pension Rules, 1980.
Accordingly, Government reiterate the instructions issued on time schedule prescribed to complete the enquires and that the Secretaries or Principal Secretaries to Government shall review the progress of the enquiries of cases pending beyond the stipulated time to the Chief Secretary to Government and also to the Chief Minister.
The Department of Secretariat, the Heads of Departments and the District Collectors are requested to follow the above instructions and also bring this to the notice of all concerned for strict compliance.
18. Recast of Rule 20 – Instructions for easy and quick understanding of the procedure for imposing major penalties – Regarding.
(Memo. No. 8388/Ser., C/2004, G. A. (Ser. C) Department, dated 12-03-2004)
Ref : – G.O. Ms. No. 383, General Administration (Ser. C) Department , dated 19-12-2003.
Order: – Rule 20 of A.P. Civil Services (Classification, Control and Appeal) Rules, 1991, which prescribes the procedure of imposing major penalties was recast in G. 0. Ms. No. 383, General administration (Ser. C) Department, dated 19-12-2003, after taking into account several practical problems, brought to the notice of Government and also the earlier amendments made to Rule 20. Some of the salient features of the new Rule 20 are as follows :
(a) Copies or relevant extracts of the documents are furnished to the Government servant, along with articles of charges. Additional documents are also furnished to him, as and when they are received. He is also furnished, without asking, a copy of the list of further evidence, proposed to be produced. This will facilitate speedy conduct of disciplinary proceedings.
(b) Discretions and time limits to the disciplinary authorities, presenting officers, charged government servants etc. are minimized and specified.
(c) Only Head of the Department or Secretary of the Department concerned will decide whether production of all or any of the documents requisitioned by the Government servant would be against the public interest or security of the State, and not by the lower level officials.
(d) Government servant can admit the genuineness or otherwise of any of the documents, copies of which have been furnished to him
(e) Oral and documentary evidence shall not only be produced, but also be recorded, thereby cognizance of the evidence is taken note of and it becomes a part of I he record.
2. Old Rule, New Rule and the changes made in Rule 20 of the Andhra Pradesh Civil Service (CC&A) Rules, 1991 is shown in the Annexure for easy and quick understanding of the procedure for imposing major penalties.
3. The Departments of Secretariat, Heads of Departments and District Collectors are requested to follow the instructions and bring the same to the notice of all concerned.
Annexure
(To Memo. No. 8388/Ser., C/2004, G. A. (Ser. C) Department, dated 12-03-2004)
Old Rule | New Rule | Change in Rule |
| 20. (1) No order imposing any of the penalties specified in clauses (vi) to (x) of Rule 9 shall be made except after an enquiry held, as far as may be in the manner provided in this rule and Rule 21 or in the manner provided by the PublicServants (Inquiries) Act, 1850 (Central Act 37 of 1850) or the Andhra Pradesh Civil Services (Disciplinary Proceedings Tribunal) Act, 1960 or the Andhra Pradesh Lokayukta and Upa-Lokayukta Act, 1983, where such inquiry is held under the said Acts. | 20. (1) No order imposing any of the penalties specified in clauses (vi) to (x) of Rule 9 shall be made except after an inquiry held, as far as may be, in the manner provided in this Rule and Rule 21 or in the manner provided by the Andhra Pradesh Civil Services (Disciplinary Proceedings Tribunal) Act, 1960 or the Andhra Pradesh Lokayukta and Upa-Lokayukta Act, 1983, where such inquiry is held under the said Acts. | In old rule, Public Servants (Inquiries) Act, 1850 is quoted. In new rule, A.P. Civil Services (Classification, Control and Appeal) Rules, 1991 are quoted, as they are quite exhaustive. |
| (2) Whenever the disciplinary authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehaviour against a Government servant, it may itself inquire into, or appoint under this rule or under the provisions of the Public Servants (Inquiries) Act, 1850, as the case may be, an authority to inquire into the truth thereof. | (2) Whenever the Disciplinary Authority is of the opinion that there are grounds for inquiring into the truth of any imputation of misconduct or misbehaviour against a Government Servant, it may itself inquiry into, or appoint under this Rule, as the case may be, authority to inquire into the truth thereof. | In old rule, Public Servants (Inquiries) Act, 1850 is quoted. In new rule, A.P. Civil Services (Classification, Control and Appeal) Rules, 1991 are quoted, as they are quite exhaustive. |
| Explanation :— Where the disciplinary authority itself holds the inquiry, any reference in sub-rule (7) to sub-rule (20) and in sub-rule (22) to the inquiring authority shall be construed as a reference to the disciplinary authority. | Explanation :— Where the Disciplinary Authority itself holds the inquiry, any reference to the Inquiring Authority shall be construed as a reference to the Disciplinary Authority. | |
(3) Where it is proposed to hold an inquiry against a Government servant under this rule and Rule 21, the disciplinary authority or the cadre controlling authority who is not designated as disciplinary authority and who is subordinate to the appointing authority can draw up or cause to be drawn up- (i) the substance of the imputations of misconduct or misbehaviour into definite and distinct articles of charge; (ii) a statement of the imputations of misconduct or misbehaviour in support of each article of charge, which shall contain : (a) a statement of all relevant acts including any admission or confession made by the Government servant; (b) a list of documents by which, and a list of witnesses by whom, the articles of charge are proposed to be sustained. | (3) Where it is proposed to hold an inquiry against a Government Servant under this Rule and Rule 21, the Disciplinary Authority or the Cadre Controlling Authority who is not designated as Disciplinary Authority and who is subordinate to the Appointing Authority can draw up or cause to be drawn up- (i) The substance of the imputations of misconduct or misbehaviour into definite and distinct articles of charge. (ii) A statement of the imputations of misconduct or misbehaviour in support of each article of charge, which shall contain (a) A statement of all relevant facts including any; admission or confession made by the Government Servant. (b) Copies of documents by which and copies of statements of witnesses by whom, the articles of charge are proposed to be sustained. | In old rule, only list of documents are furnished to the Government Servant. In new rule, copies of relevant extracts of the documents are furnished to the Government Servant, along with articles of charges, so as to facilitate speedy conduct of disciplinary proceedings. |
| Note :— Where the documents are voluminous, relevant extracts of the documents may be furnished to the Government Servant. | ||
| (4) The disciplinary authority shall deliver or cause to be delivered by the Government servant a copy of the articles of charge, the statement of the imputations of misconduct or misbehaviour and a list of documents and witnesses by which each article of charges is proposed to be sustained and shall require the Government servant to submit, within such time as may be specified, a written statement of his defence and to state whether he desires to be heard in person. | (4) The Disciplinary Authority shall deliver or cause to be delivered to the Government Servant a copy of the articles of charge, the statement of the imputations of misconduct or misbehaviour and copies of the statements of witnesses by which each article of charge is proposed to be sustained and shall require the Government Servant to appear before the Disciplinary Authority on such day and at such time NOT EXCEEDING TEN WORKING DAYS and submit a written statement of his defence and to state whether he desires to be heard in person. | In old rule, the time limit, within which, a charged officer has to submit his written statement of defence, was left to the discretion of the Disciplinary Authority. In new rule, the Disciplinary Authority cannot give more than then working days to the charged officer to submit a written statement in his defence. |
| (5) (a) On receipt of the written statement of defence, the disciplinary authority may itself inquire into such of the articles of charge as are not admitted, or, if it considers it necessary so to do, appoint under sub-rule (2), an inquiring authority for the purpose, and where all the articles of charge have been admitted by the Government servant in his written statement of defence, the disciplinary authority shall record its findings on each charge after taking such evidence as it may think fit and shall act in the manner laid down in Rule 21; | (5) (a) On the date fixed for appearance, the Government Servant shall submit the written statement of his defence. He shall be questioned whether he pleads guilty to the charges or not and if he pleads guilty to all or any of the articles of charges, the Disciplinary Authority shall record the plea and obtain the signature of the Government Servant thereon. | In old rule, the Government Servant shall appear in person before the Inquiring Authority within fifteen working days to submit whether he pleads guilty to the charges or not and also the written statement of defence, etc. In new rule, the time limit is reduced and the Disciplinary Authority gives not exceeding ten working days for submission of written statement of defence. |
| (7) The Government Servant shall appear in person before the inquiring authority on such day and at such time within fifteen working days from the date of receipt by him of the articles of charge and the statement of the imputations of misconduct or misbehaviour, as the inquiring authority may, by a notice in writing, specify in this behalf or within such further time, not exceeding fifteen days, as the inquiring authority may allow. | ||
| (9) If the Government Servant who has not admitted any of the articles of charge in his written statement of defence or has not submitted any written statement of defence, appears before the inquiring authority, such authority shall ask him whether he is guilty or has any defence to make and if he pleads guilty to any of the articles of charge, the inquiring authority shall record the plea, sign the record and obtain the signature of the Government Servant thereon. | ||
| (10)The inquiring authority shall return a findings of guilty in respect of these articles of charge to which the Government Servant pleads guilty. | ||
(5) (b) If no written statement of defence is submitted by the Government servant, the disciplinary authority may itself inquire into the articles of charge or may, if it considers it necessary to do so, appoint, under sub-rule (2) an inquiring authority for the purpose; (5) (c) Where the disciplinary authority itself inquires into any article of charge or appoints a inquiring authority for holding an inquiry into such charge, it may, by an order, appoint a Government servant or a legal practitioner, to be known as the “Presenting Officer” to present on its behalf the case in support of the articles of charge. (7) The Government Servant shall appear in person before the inquiring authority on such day and at such time within fifteen working days from the date of receipt by him of the articles of charge and the statement of the imputations of misconduct or misbehaviour, as the inquiring authority may, by a notice in writing, specify in this behalf or within such further time, not exceeding fifteen days, as the inquiring authority may allow. (9) If the Government Servant who has not admitted any of the articles of charge in his written statement of defence or has not submitted any written statement of defence, appears before the inquiring authority, such authority shall ask him whether he is guilty or has any defence to make and if he pleads guilty to any of the articles of charge, the inquiring authority shall record the plea, sign the record and obtain the signature of the Government Servant thereon. | (5) (b) Where the Government Servant appears before the Disciplinary Authority and pleads not guilty to the charges or refuses or omits to plead, the Disciplinary Authority shall record the plea and obtain signature of the Government Servant thereon may decide to hold the inquiry itself or if it consider necessary to do so appoint a serving or retired Government Servant as Inquiring Authority for holding the inquiry into the charges and also appoint a Government Servant as Presenting Officer to present the case in support of the articles of charge and adjourn the case to a date not exceeding five days for the said purpose. | In old rule, the Disciplinary Authority appoints an Inquiring Authority. In new rule, the Disciplinary Authority appoints a serving or retired Government Servant as Inquiring Authority. In old rule, the Inquiring Authority may give further time not exceeding fifteen days to the Government Servant to appear in person before the Inquiring Authority to submit whether he pleads guilty to the charges or not and also the written statement of defence, etc. In New Rule, the time limit is reduced and the Inquiring Authority can give to a Government Servant a further time not exceeding five days. |
| (5) (b) If no written statement of defence is submitted by the Government servant, the disciplinary authority may itself inquire into the articles of charge or may, if it considers it necessary to do so, appoint, under sub-rule (2) an inquiring authority for the purpose; | (5)(c) On the date so fixed, the Disciplinary Authority shall by an order appoint the Inquiring Authority and shall also appoint a Government Servant as Presenting Officer to present the case in support of the articles of charge. Provided that the Disciplinary Authority may if it considers necessary having regard to the facts and circumstances of the case, appoint a Legal Practitioner or a legally trained Government Servant as Presenting Officer. | In Old Rule, the Disciplinary Authority appoints a Government Servant or a Legal Practitioner to be known as Presenting Officer to present on its behalf the case in support of the articles of charge. In New Rule, Disciplinary Authority can appoint a Government Servant or a Legal Practitioner or a legally trained Government Servant as Presenting Officer. |
| (5) (c) Where the disciplinary authority itself inquires into any article of charge or appoints a inquiring authority for holding an inquiry into such charge, it may, by an order, appoint a Government servant or a legal practitioner, to be known as the “Presenting Officer” to present on its behalf the case in support of the articles of charge. | ||
| (8)(a) The Government Servant may take the assistance of any other Government Servant to present the case on his behalf, but my not engage a legal practitioner for the purpose unless the Presenting Officer appointed by the disciplinary authority is a legal practitioner, or, the disciplinary authority, having regard to the circumstances of the case so permits. | ||
| Provided further that the Government Servant may take the assistance of any other Government Servant posted at any other station, if the inquiring authority having regard to the circumstances of the case, and for reasons to be recorded in writing, so permits. | ||
| Note (1):— The Government Servant shall not take the assistance of any other Government Servant who has pending two disciplinary cases on hand in which he has to give assistance. | ||
| Note (2):— The Government Servant shall not take the assistance of any other Government Servant who is dealing in his official capacity with the case of inquiry relating to the Government Servant charged. | ||
| (8) (a) The Government Servant may take the assistance of any other Government Servant to present the case on his behalf, but may not engage a legal practitioner for the purpose unless the Presenting Officer appointed by the disciplinary authority is a legal practitioner, or, the disciplinary authority, having regard to the circumstances of the case so permits : | (5)(d) The Disciplinary Authority shall serve copies of the orders appointing the Inquiring Authority and the Presenting Officer on the Government Servant and inform him that he may take the assistance of any other Government Servant to present the case on his behalf, but he may not engage a Legal Practitioner for the purpose unless the Presenting Officer appointed by the Disciplinary Authority is a Legal Practitioner or a legally trained Government Servant. | In Old Rule, no Government Servant dealing in his official capacity with the case of inquiry relating to the person charged, shall be permitted by the Inquiry Officer to appear on behalf of the person charged before the Inquiry Officer. |
| Provided that no member of service dealing in his official capacity with the case of inquiry relating to the person charged shall be permitted by the inquiry officer or by any officer to whom an appeal may be preferred to appear on behalf of the person charged before the enquiry officer; | Provided that no Government Servant dealing in his official capacity with the case of inquiry relating to the person charged or any Officer to whom an appeal may be preferred shall be permitted by the Inquiring Authority to appear on behalf of the person charged before the Inquiry Authority. | In New Rule, neither the Government Servant, who in his official capacity dealing with the case of inquiry relating to the person charged, nor an Officer, to whom an appeal may be preferred, shall be permitted by the Inquiry Officer to appear on behalf of the person charged before the Inquiry Officer. |
| Provided further that the Government Servant may take the assistance of any other Government Servant posted at any other station, if the inquiring authority having regard to the circumstances of the case, and for reasons to be recorded in writing, so permits. | Provided further that the Government Servant may take the assistance of any other Government Servant posted at any other station, if the Inquiring Authority having regard to the circumstances of the case, and for reasons to be recorded in writing so permits. | |
| Note (1) :- The Government Servant shall not take the assistance of any other Government Servant who has pending two disciplinary cases on hand in which he has to give assistance. | Note (1):– The Government Servant shall not take the assistance of any other Government Servant who has pending two disciplinary cases on hand in which he has to give assistance. | |
| Note (2) :- The Government Servant shall not take the assistance of any other Government Servant who is dealing in his official capacity with the case of inquiry relating to the Government Servant charged. | Note (2):– The Government Servant shall not take the assistance of any other Government Servant who is dealing in his official capacity with the case of inquiry relating to the Government Servant charged. | |
| (b) The Government Servant may also take the assistance of a retired Government Servant to present the case on his behalf, subject to such conditions as may be specified by the Government from time to time by general or special order in this behalf. | The Government Servant may also take the assistance of a Retired Government Servant to present the case on his behalf, subject to such conditions as may be specified by the Government from time to time by general or special order in his behalf. | |
| (11) The inquiring authority shall, if the government Servant fails to appear within the specified time or refuses or omits to plead, require the Presenting Officer to produce the evidence by which he proposes to prove the articles of charge, and shall adjourn the case to a later date not exceeding thirty days, after recording an order that the Government Servant may, for the purpose of preparing his defence : | (5)(e) The Disciplinary Authority shall inform the Government Servant to submit within five days a list of documents, which he requires to be discovered or produced by Government Servant for the purpose of his defence indicating the relevance of the documents so required. | In Old Rule, the Inquiring Authority can give a time not exceeding ten days to the Government Servant, to furnish a list of documents, which he requires to be discovered or produced, for the purpose of preparing his defence. In New Rule, the time limit is reduced and the Disciplinary Authority shall inform the Government Servant to submit within five days a list documents. |
(i) inspect within five days of the order or within such further time not exceeding five days as the inquiring authority may allow, the documents specified in the list referred to sub-rule (3), | ||
(ii) submit a list of witnesses to be examined on his behalf, | ||
| Note :- If the Government Servant applies orally or in writing for the supply of copies of the Statement of witnesses mentioned in the list referred to in sub-rule (3), the inquiring authority shall furnish him with such copies as early as possible and in any case not later than three days before the commencement of the examination of the witnesses on behalf of the disciplinary authority. | ||
(iii) give a notice within ten days of the order or within such further time not exceeding ten days as the inquiring authority may allow for the discovery or production of any documents which are in the possession of Government but not mentioned in the list referred to in sub-rule (3). | ||
| Note :- The Government servant shall indicate the relevance of the documents required by him to be discovered or produced by the Government. | ||
(12) The inquiring authority shall, on receipt of the notice for the discovery or production of documents, forward the same or copies thereof to the authority in whose custody or possession the documents are kept, with a requisition for the production of the documents by such date as may be specified in such requisition : Provided that the inquiring authority may, for reasons to be recorded by it in writing, refuse to requisition such of the documents as are, in its opinion, not relevant to the case. | (5)(f) The Disciplinary Authority may for reasons to be recorded in writing refuse to requisition such of the documents as are, in its opinion, not relevant to the case. | In Old Rule, the Inquiring Authority may refuse to requisition such of the documents not relevant to the case. In New Rule, instead of the inquiring Authority, it is now confined to the Disciplinary Authority to refuse to requisition such of the documents not relevant to thecase. |
| (12)The inquiring authority shall, on receipt of the notice for the discovery or production of documents, forward the same or copies thereof to the authority in whose custody or possession the documents are kept, with a requisition for the production of the documents by such date as may be specified in such requisition : | (5)(g) The Disciplinary Authority shall on receipt of the notice for the discovery or production of documents, forward the same or copies thereof to the authority in whose custody or possession the documents are kept with a requisition for the production of the documents by such date as may be specified in such requisition. | In old rule, the Inquiring Authority can requisition for the production of the documents. In new rule, only the Disciplinary Authority on receipt of the notice can requisition for the production of the documents. |
| Provided that the inquiring authority may, for reasons to be recorded by it in writing, refuse to requisition such of the documents as are, in its opinion, not relevant to the case. | ||
| (13) On receipt of the requisition preferred to in sub-rule (12) every authority having the custody or possession of the requisitioned documents, shall produce the same before the inquiring authority, and the requisitioning of the documents can be done either on the instance of the member of service or by the inquiring authority suo motu : | (5)(h) On receipt of the requisition referred to in sub rule (5)(g), every authority having the custody or possession of the requisitioned documents shall produce the same before the Disciplinary Authority. | In old rule, the custodian or any authority produces the requisitioned documents before the Inquiring Authority. In new rule, the custodian or any authority produces the requisitioned documents only before the Disciplinary Authority. |
| Provided that if the authority having the custody or possession of the requisitioned documents is satisfied for reasons to be recorded by it in writing that the production of all or any of such documents would be against the public interest or security of the State, shall submit the fact to the Head of Department, or to the Secretary of the Department concerned for a decision in the matter. Such decision shall be informed to the inquiring authority, and the inquiring authority shall on being so informed, communicate the information to the Government servant and withdraw the requisition made by it for the production or discovery of such documents. | Provided that if the authority having the custody or possession of the requisitioned documents is satisfied for reasons to be recorded by it in writing that the production of all or any such documents would be against the public interest or security of the State, shall submit the fact to the Head of Department or to the Secretary of the Department concerned for a decision in the matter. Such decision shall be informed to the Disciplinary Authority and the Disciplinary Authority shall on being so informed, communicate the information to the Government Servant and withdraw the requisition made by it for the production or discovery of such documents. | In old rule, a custodian or any authority can inform the Inquiring Authority that the production of all or any of the requisitioned documents would be against the public interest of security In new rule, a custodian or any authority can submit that the production of all or any such requisitioned documents would be against the public interest or security of the State, to the Head of the Department or to the Secretary of the Department concerned for a dedsion in the matter. The Disciplinary Authority, in turn communicates the information to the Government Servant to withdraw the requisition for production or discovery of the documents. |
| (20) If the Government (6) servant to whom a copy of the articles of charge has been delivered, does not submit the written statement of defence on or before the date specified for the purpose or does not appear in person before the inquiring authority otherwise fails or refuses to comply with the provisions of this rule, the inquiring authority may hold the inquiry ex-parte. | 6. Where the Government Servant to whom a copy of the article of charge has been delivered does not submit the written statement of defence on or before the date specified for the purpose or does not appear in person before the Disciplinary Authority, the Disciplinary Authority may decide to hold the inquiry ex-parte or if it considers necessary so to do, appoint an Inquiry Authority for die purpose. | In old rule, if the Government Servant does not submit or dies not appear or refuses to comply with these rules, the Inquiring Authority may hold the inquiry ex-parte. In new rule, the Disciplinary Authority may decide to hold the inquiry ex-parte or if it considers necessary so to do, appoint an Inquiring Authority for the purpose. |
(6) The disciplinary authority (7) shall, where it is not the inquiring authority, forward to the inquiring authority- (i) a copy of the articles of charge and the statement of the imputations of misconduct or misbehaviour; (ii) a copy of the written statement of defence, if any submitted by the Government Servant; (iii) a copy of the statements of witnesses, if any, referred to in sub-rule (3). (iv) evidence proving the delivery of the documents referred to in sub-rule (3) to the Government Servant; and (v) A copy of the order appointing the “Presenting Officer”. | 7. (a) The Disciplinary Authority shall, where it is not the Inquiring Authority, forward to the Inquiring Authority. (i) a copy of the articles of charge and the statement of the imputations of misconduct or misbehaviour; (ii) a copy of the written statement of defence, if any submitted by the Government Servant; (iii) Copies of the Statements of Witnesses, referred to in sub-rule (3); (iv) Copies of documents referred to in sub-rule (3); (v) Evidence proving the delivery of copies of the documents referred to in sub-rule (3) to the Government Servant; and (vi)A copy of the order appointing the “Presenting Officer”. | In old rule, the Disciplinary Authority, where it is not the Inquiry Authority, was not forwarding to the Inquiring Authority copies of documents referred to in sub-rule (3). In new rule, the Disciplinary Authority shall, where it is not the Inquiry Authority, forward to the Inquiring Authority copies of documents referred to in sub-rule (3). |
(6) The disciplinary authority shall, where it is not the inquiring authority, forward to the inquiring authority- (i) a copy of the articles of charge and the statement of the imputations of misconduct or misbehaviour; (ii) a copy of the written statement of defence, if any submitted by the Government Servant; (iii) a copy of the statements of witnesses, if any, referred to in sub-rule (3). (iv) evidence proving the delivery of the documents referred to in sub-rule (3) to the Government Servant; and (v) a copy of the order appointing the “Presenting Officer”. | (7)(b) The Disciplinary Authority shall also forward to the Inquiring Authority documents received under sub-rule (5)(h) as and when they are received. | In old rule the Disciplinary Authority shall, where it is not the Inquiring Authority, was not forwarding to the Inquiring Authority, copies of further documents requisitioned. In new rule, the Disciplinary Authority shall, where it is not the inquiry authority, forward to the Inquiring Authority, not only copies of documents referred to in sub-rule (3), but also further documents received under sub-rule (5)(h), as and when they are received. |
(7) The Government Servant shall appear in person before the inquiring authority on such day and at such time within fifteen working days from the date of receipt by him of the articles of charge and the statement of the imputations of misconduct or misbehaviour, as the inquiring authority may, by a notice in writing, specify in this behalf or within such further time, not exceeding fifteen days, as the inquiring authority may allow. (7) The Government Servant shall appear in person before the inquiring authority on such day and at such time within fifteen working days from the date of receipt by him of the articles of charge and the statement of the imputations of misconduct or misbehaviour, as the inquiring authority may, by a notice in writing, specify in this behalf or within such further time, not exceeding fifteen days, as the inquiring authority may allow. | (8) After receiving the documents mentioned under sub-rule (7) (a), the Inquiring Authority shall issue a notice in writing to the Presenting Officer and also to the Government Servant to appear before him on such day and at such time and place specified by him which shall not exceed ten days. | In old rule, the Inquiring Authority may require the Presenting Officer to produce the evidence, by which he proposes to prove the articles of charges and may adjourn the case to a later date not exceeding thirty days. In new rule, the time limit is reduced and the Inquiring Authority may adjourn the case to a date not exceeding ten days. |
| (9) (a) The Presenting Officer and Government and Government Servant shall appear before the Inquiring Authority on the date fixed under sub-rule (8). | In old rule, the Government Servant shall appear in person before the Inquiring Authority within not exceeding thirty days. | |
| In new rule, the time limit is reduced; and, not only the Government Servant but also the Presenting Officer shall appear before the Inquiring Authority, in not exceeding ten days. | ||
(11) The inquiring authority shall, if the government Servant fails to appear within the specified time or refuses or omits to plead, require the Presenting Officer to produce the evidence by which he proposes to prove the articles of charge, and shall adjourn the case to a later date not exceeding thirty days, after recording an order that the Government Servant may, for the purpose of preparing his defence : (i) inspect within five days of the order or within such further time not exceeding five days as the inquiring authority may allow, the documents specified in the list referred to sub-rule (3). (ii) submit a list of witnesses to be examined on his behalf, Note :– If the Government Servant applies orally or in writing for the supply of copies of the Statement of witnesses mentioned in the list referred to in sub-rule (3), the inquiring authority shall furnish him with such copies as early as possible and in any case not later than three days before the commencement of the examination of the witnesses on behalf of the disciplinary authority. (iii) give a notice within ten days of the order or within such further time not exceeding ten days as the inquiring authority may allow for the discovery or production of any documents which are in the possession of Government but not mentioned in the list referred to in sub-rule (3). Note :- The Government servant shall indicate the relevance of the documents required by him to be discovered or produced by the Government. | (9) (b) If the Government Servant informs the Inquiring Authority that he wishes to inspect the documents mentioned sub-rule (3) for the purpose of preparing his defence, the Inquiring Authority shall order that he may inspect the documents within five days and the Presenting Officer shall arrange for the inspection accordingly. | In old rule, the Inquiring Authority may allow the Government Servant to inspect within not exceeding ten days to inspect the documents for the purpose of preparing his defence. In new rule, the time limit is reduced and the Inquiring Authority shall order that the Government Servant may inspect the documents within five days; and, the Presenting Officer shall arrange for the inspection accordingly. |
| (11) The inquiring authority shall, if the government Servant fails to appear within the specified time or refuses or omits to plead, require the Presenting Officer to produce the evidence by which he proposes to prove the articles of charge, and shall adjourn the case to a later date not exceeding thirty days, after recording an order that the Government Servant may, for the purpose of preparing his defence : | (9)(c) The Inquiring Authority shall call upon the Government Servant whether he admits the genuineness of any of the documents copies of which have been furnished to him and if he admits the genuineness of any document it may be taken as evidence without any proof by the concerned witness. | In old rule, there was no provision for the Government Servant whether he admits the genuineness or not of any of the documents, copies of which have been furnished to him. In new rule, the Government Servant can say whether he admits the genuineness of any of the documents, copies of which have been furnished to him; and, if he admits, the genuineness of any document, it may be taken as evidence without any proof by the concerned witness. |
(i) inspect within five days of the order or within such further time not exceeding five days as the inquiring authority may allow, the documents specified in the list referred to sub-rule (3), | ||
(ii) submit a list of witnesses to be examined on his behalf, | ||
| Note :- If the Government Servant applies orally or in writing for the supply of copies of the Statement of witnesses mentioned in the list referred to in sub-rule (3), the inquiring authority shall furnish him with such copies as early as possible and in any case not later than three days before the commencement of the examination of the witnesses on behalf of the disciplinary authority. | ||
(iii) give a notice within ten days of the order or within such further time not exceeding ten days as the inquiring authority may allow for the discovery or production of any documents which are in the possession of Government but not mentioned in the list referred to in sub-rule (3). | ||
| Note :- The Government servant shall indicate the relevance of the documents required by him to be discovered or produced by the Government. | ||
| (11) The inquiring authority shall, if the government Servant fails to appear within the specified time or refuses or omits to plead, require the Presenting Officer to produce the evidence by which he proposes to prove the articles of charge, and shall adjourn the case to a later date not exceeding thirty days, after recording an order that the Government Servant may, for the purpose of preparing his defence : | (9)(d) The Inquiring Authority shall adjourn the case for inquiry to a date not exceeding ten days for production of evidence and require the Presenting Officer to produce the evidence by which he proposes to prove the article of charges. | In old rule, the Inquiring Authority may require the Presenting Officer to produce the evidence, by which he proposes to prove the articles of charges and may adjourn the case to a later date not exceeding thirty days. In new rule, the time limit is reduced and the Inquiring Authority may adjourn the case to a date not exceeding ten days. |
(i) inspect within five days of the order or within such further time not exceeding five days as the inquiring authority may allow, the documents specified in the list referred to sub-rule (3), | ||
(ii) submit a list of witnesses to be examined on his behalf, | ||
| Note :- If the Government Servant applies orally or in writing for the supply of copies of the Statement of witnesses mentioned in the list referred to in sub-rule (3), the inquiring authority shall furnish him with such copies as early as possible and in any case not later than three days before the commencement of the examination of the witnesses on behalf of the disciplinary authority. | ||
(iii) give a notice within ten days of the order or within such further time not exceeding ten days as the inquiring authority may allow for the discovery or production of any documents which are in the possession of Government but not mentioned in the list referred to in sub-rule (3). | ||
| Note :- The Government servant shall indicate the relevance of the documents required by him to be discovered or produced by the Government. | ||
| (14) On the date fixed for the inquiry, the oral and documentary evidence by which the articles of charge are proposed to be proved shall be produced by or on behalf of the disciplinary authority. The witnesses shall be examined by or on behalf of the Presenting Officer and may be cross-examined by or on behalf of the Government servant. The Presenting Officer shall be entitled to re-examine the witnesses on any points on which they have been cross-examined, but not on any new matter, without the leave of the inquiring authority. The inquiring authority may also put such questions to the witnesses as it thinks fit. | (10) (a) On the dates fixed for recording the evidence, the oral and documentary evidence by which the articles of charges are proposed to be proved shall be produced by or on behalf of the Disciplinary Authority. | In old rule, the date was fixed for the inquiry and the oral and documentary evidence shall be produced by or on behalf of the Disciplinary Authority. In new rule, it is clearly specified that the dates are fixed for inquiry for the purpose of recording the evidence, and the oral and documentary evidence shall be produced by or on behalf of the Disciplinary Authority. |
| (14) On the date fixed for the inquiry, the oral and documentary evidence by which the articles of charge are proposed to be proved shall be produced by or on behalf of the disciplinary authority. The witnesses shall be examined by or on behalf of the Presenting Officer and may be cross-examined by or on behalf of the Government servant. The Presenting Officer shall be entitled to re-examine the witnesses on any points on which they have been cross-examined, but not on any new matter, without the leave of the inquiring authority. The inquiring authority may also put such questions to the witnesses as it thinks fit. | (10) (b) The evidence shall be recorded as far as possible on day-to-day basis till the evidence on behalf of the Disciplinary Authority is completed. | In old rule, the oral and documentary evidence shall be produced by or on behalf of the Disciplinary Authority. In new rule, the evidence, the oral and documentary evidence, shall not only be produced, but also recorded, thereby cognizance is taken of the evidence, so that it becomes a part of the record, on day to day basis, till the evidence by or on behalf of the Disciplinary Authority is completed. |
| (14) On the date fixed for the inquiry, the oral and documentary evidence by which the articles of charge are proposed to be proved shall be produced by or on behalf of the disciplinary authority. The witnesses shall be examined by or on behalf of the Presenting Officer and may be cross-examined by or on behalf of the Government servant. The Presenting Officer shall be entitled to re-examine the witnesses on any points on which they have been cross-examined, but not on any new matter, without the leave of the inquiring authority. The inquiring authority may also put such questions to the witnesses as it thinks fit. | (10) (c) The witnesses shall be examined by the Presenting Officer and they may be cross examined by or on behalf of the Government Servant. | In old rule, the witnesses shall be examined by or on behalf of the Presenting Officer. In new rule, the witnesses shall be examined by the Presenting Officer only. |
| (14) On the date fixed for the inquiry, the oral and documentary evidence by which the articles of charge are proposed to be proved shall be produced by or on behalf of the disciplinary authority. The witnesses shall be examined by or on behalf of the Presenting Officer and may be cross-examined by or on behalf of the Government servant. The Presenting Officer shall be entitled to re-examine the witnesses on any points on which they have been cross-examined, but not on any new matter, without the leave of the inquiring authority. The inquiring authority may also put such questions to the witnesses as it thinks fit. | (10) (d) The Presenting Officer shall be entitled to re-examine the witnesses on any points on which they have been cross examined, but not on any new matter without the permission of the Inquiring Authority. | In old rule, the Presenting Officer shall be entitled to re-examine the witnesses, etc., without the leave of the Inquiring Authority. In new rule, the Presenting Officer shall be entitled to re-examine the witnesses, etc., without the permission of the Inquiring Authority. |
| (14) On the date fixed for the inquiry, the oral and documentary evidence by which the articles of charge are proposed to be proved shall be produced by or on behalf of the disciplinary authority. The witnesses shall be examined by or on behalf of the Presenting Officer and may be cross-examined by or on behalf of the Government servant. The Presenting Officer shall be entitled to re-examine the witnesses on any points on which they have been cross-examined, but not on any new matter, without the leave of the inquiring authority. The inquiring authority may also put such questions to the witnesses as it thinks fit. | 10 (e) The Inquiring Authority may also put such question to the witnesses as it thinks fit. | There is no change between the old rule and the new rule. |
| (15) If it shall appear necessary before the closure of the case on behalf of the disciplinary authority, the inquiring authority may, in its discretion, allow the Presenting Officer to produce evidence not included in the list given to the Government Servant or may itself call for new evidence or recall and re-examine any witness and in such case the Government Servant shall be entitled to have, if he demands it, a copy of the list of further evidence proposed to be produced and an adjournment of the inquiry for three clear days before the production of such new evidence, exclusive of the day of adjournment and the day to which the inquiry is adjourned. The inquiring authority shall give the Government servant an opportunity of inspecting such documents before they are taken on the record. The inquiring authority may also allow the Government Servant to produce new evidence, if it so of the opinion that the production of such evidence is necessary in the interest of justice. | (11) (a) If it appears necessary before the closure of the case on behalf of the Disciplinary Authority, the Inquiring Authority may, in its discretion, allow the Presenting Officer to produce evidence not included in the list given to the Government Servant or may itself call for new evidence or recall and re-examine any witness. | There is no change between the old rule and the new rule. |
| Note :– New evidence shall not be permitted or called for and witness shall not be recalled to fill up any gap in the evidence. Such evidence may be called for only when there is an inherent lacuna or defect in the evidence which has been produced originally. | ||
| (15) If it shall appear necessary before the closure of the case on behalf of the disciplinary authority, the inquiring authority may, in its discretion, allow the Presenting Officer to produce evidence not included in the list given to the Government Servant or may itself call for new evidence or recall and re-examine any witness and in such case the Government Servant shall be entitled to have, if he demands it, a copy of the list of further evidence proposed to be produced and an adjournment of the inquiry for three clear days before the production of such new evidence, exclusive of the day of adjournment and the day to which the inquiry is adjourned. The inquiring authority shall give the Government servant an opportunity of inspecting such documents before they are taken on the record. The inquiring authority may also allow the Government Servant to produce new evidence, if it so of the opinion that the production of such evidence is necessary in the interest of justice. | (11)(b) In such case, the Government Servant shall be entitled to have a copy of the list of further evidence proposed to be produced and an adjournment of the inquiry for three clear days before the production of such new evidence, exclusive of the day of adjournment and the day to which the inquiry is adjourned. | In old rule, the Government Servant, is entitled to have a copy of the list of further evidence, proposed to be produced, if he demands. In the New Rule, the Government Servant, without any asking, shall be entitled to have a copy of the list of further evidence, proposed to be produced. |
| Note :– New evidence shall not be permitted or called for and witness shall not be recalled to fill up any gap in the evidence. Such evidence may be called for only when there is an inherent lacuna or defect in the evidence which has been produced originally. | ||
| (15) If it shall appear necessary before the closure of the case on behalf of the disciplinary authority, the inquiring authority may, in its discretion, allow the Presenting Officer to produce evidence not included in the list given to the Government Servant or may itself call for new evidence or recall and re-examine any witness and in such case the Government Servant shall be entitled to have, if he demands it, a copy of the list of further evidence proposed to be produced and an adjournment of the inquiry for three clear days before the production of such new evidence, exclusive of the day of adjournment and the day to which the inquiry is adjourned. The inquiring authority shall give the Government servant an opportunity of inspecting such documents before they are taken on the record. The inquiring authority may also allow the Government Servant to produce new evidence, if it so of the opinion that the production of such evidence is necessary in the interest of justice. | (11)(c) The Inquiring Authority shall give the Government Servant an opportunity of inspecting such documents before they are taken on the record. | There is no change between the old rule and the new rule.such documents before they are taken on the record. |
| Note :- New evidence shall not be permitted or called for and witness shall not be recalled to fill up any gap in the evidence. Such evidence may be called for only when there is an inherent lacuna or defect in the evidence which has been produced originally. | Note :- New evidence shall not be permitted or called for and witness shall not be recalled to fill up any gap in the evidence. Such evidence my be called for only when there is an inherent lacuna or defect in the evidence which has been produced originally. | |
| (16) When the case for the disciplinary authority is closed, the Government servant shall be required to state his defence, orally or in writing, as he may prefer. If the defence is made orally, it shall be recorded and the Government Servant shall be required to sign the record. In either case, a copy of the statement of defence shall be given to the Presenting Officer, if any, appointed. | (12) (a) When the case for the Disciplinary Authority is closed, the Government Servant shall be required to state his defence orally or in writing as he may prefer and to submit a list of witnesses to be examined on his behalf for which purpose the case may be adjourned to a date not exceeding five days. | In old rule, when the case for the Disciplinary Authority is closed, there was no provision for the Government Servant to submit a list of witnesses to be examined on his behalf, for which purpose the case may be adjourned. In new rule, when the case for the Disciplinary Authority is closed, the Government Servant can still submit a list of witnesses to be examined on his behalf, for which purpose the case may be adjourned to a date not exceeding five days. |
| (16) When the case for the disciplinary authority is closed, the Government servant shall be required to state his defence, orally or in writing, as he may prefer. If the defence is made orally, it shall be recorded and the Government Servant shall be required to sign the record. In either case, a copy of the statement of defence shall be given to the Presenting Officer, if any, appointed. | (12) (b) If the defence is made orally, it shall be recorded and the Government Servant shall be required to sign the record. In either case, a copy of the statement of defence and the list of defence witness may be provided. | In old rule, a copy of the statement of the defence is given to the Presenting Officer and not to the Government Servant. In new rule, a copy of the statement of the defence and the list of defence witnesses is provided to the Government Servant. |
| (16) When the case for the disciplinary authority is closed, the Government servant shall be required to state his defence, orally or in writing, as he may prefer. If the defence is made orally, it shall be recorded and the Government Servant shall be required to sign the record. In either case, a copy of the statement of defence shall be given to the Presenting Officer, if any, appointed. | (12) (c) The case shall be adjourned to a date not exceeding ten days for production of defence evidence. | In old rule, there was no provision for the adjournment for production of defence evidence. In new rule, the case can be adjourned to a date not exceeding ten days for production of defence evidence. |
| (17) The evidence on behalf of the Government Servant shall then be produced. The Government Servant may examine himself in his own behalf if he so prefers. The witnesses produced by the Government Servant shall then be examined and shall be liable to cross-examination, re examination and examination by the inquiring authority according to the provisions applicable to the witnesses for the disciplinary authority. | (13) The evidence on behalf of the Government Servant shall then be produced. The Government Servant may examine himself in his own behalf if he so prefers. The witnesses produced by the Government Servant shall then be examined and shall be liable to cross examination, re examination and examination by the Inquiring Authority according to the provisions applicable to the witnesses for the Disciplinary Authority. | There is no change between the old rule and the new rule. |
| (18)The inquiring authority may, after the Government Servant closes his case, and shall, if the Government Servant has not examined himself, generally question him on the circumstances appearing against him in the evidence for purpose of enabling the Government Servant to explain any circumstances appearing in the evidence against him. | (I4) The Inquiring Authority There is no change between may after the the old rule and the new rule. Government Servant closes his case and shall, if the Government Servant has not examined himself, generally question him on the circumstances appearing against him in the evidence for purpose of enabling the Government Servant to explain any circumstances appearing in the evidence against him. | There is no change between the old rule and the new rule. |
| (19)The inquiring authority may, after the completion of the production of evidence, hear the presenting officer, if any appointed, and the Government Servant, or permit them to file written briefs of their respective cases, if they so desire. | (15) The Inquiring Authority There is no change between may, after the completion the old rule and the new rule. of the production of evidence, hear the Presenting Officer, if any appointed, and the Government Servant, or permit them to file written briefs of their respective cases, if they so desire. | There is no change between the old rule and the new rule. |
| (21) (a) Where a disciplinary authority competent to impose any of the penalties specified in clauses (i) to (v) of Rule 9 and in Rule 10 but not competent to impose any of the penalties specified in [clauses (vi) to (x)] of Rule 9, has itself inquired into or caused to be inquired into the articles of any charge and that authority, having regard to its own findings or having regard to its decision on any of the findings of any inquiring authority appointed by it, is of the opinion that the penalties specified in [clauses (vi) to (x)] of Rule 9 should be imposed on the Government servant, that authority shall forward the records of the inquiry to such disciplinary authority as is competent to impose the last mentioned penalties. | (16) (a) Where a Disciplinary Authority competent to impose any of the penalties specified in clauses (i) to (v) of Rule 9 and in Rule 10, but not competent to impose any of the penalties specified in clauses (vi) to (x) of Rule 9, has itself inquired into or caused to be inquired into the articles of any charge and that Authority, having regard to its own findings or having regard to its decision on any of the findings of any Inquiring Authority appointed by it is of the opinion that the penalties specified in clauses (vi) to (x), of Rule 9 should be imposed on the Government Servant, that Authority shall forward the records of the inquiry to such Disciplinary Authority as is competent to impose the last mentioned penalties. | There is no change between the old rule and the new rule. |
| (21)(b) The disciplinary authority to which the records are so forwarded may act on the evidence on the record or may, if it is of the opinion that further examination of any of the witnesses is necessary in the interests of justice, recall the witnesses and examine, cross-examine and re-examine the witnesses and may impose on the Government servant such penalty as it may deem fit in accordance with these rules. | (16)(b) The Disciplinary Authority to which the records are so forwarded may act on the evidence on the record or may if it is of the opinion that further examination of any of the witnesses is necessary in the interests of justice, recall the witnesses and examine, cross-examine and re-examine the witnesses and may impose on the Government Servant such penalty as it may deem fit in accordance with these Rules. | There is no change between the old rule and the new rule. |
| (22) Whenever an inquiring authority, after having heard and recorded the whole or any part of the evidence in an inquiry ceases to exercise jurisdiction therein, and is succeeded by another inquiring authority which has and which exercises, such jurisdiction, the inquiring authority so succeeding may act on the evidence so recorded by its predecessor, or partly recorded by its predecessor, and partly recorded by itself : | (17) Whenever an Inquiring Authority after having heard and recorded the whole or any part of the evidence in an inquiry ceases to exercise jurisdiction therein, and is succeeded by another Inquiring Authority which has and which exercises, such jurisdiction, the Inquiring Authority so succeeding may act on the evidence so recorded by its predecessor, or partly recorded by its predecessor, and partly recorded by itself : | There is no change between the old rule and the new rule. |
| Provided that if the succeeding inquiring authority is of the opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interest of justice, it may recall, examine, cross-examine and re-examine any such witnesses hereinbefore provided. | Provided that if the such ceding Inquiring Authority is of the opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interest of justice, it may recall examine, cross-examine and re-examine any such witnesses as herein before provided. | |
(23) (i) After the conclusion of the inquiry, a report shall be prepared and it shall contain- (a) the articles of charge and the statement of the imputations of misconduct or misbehaviour, (b) the defence of the Government Servant in respect of each article of charge; (c) an assessment of the evidence in respect of each article of charge; (d) the findings on each article of charge and the reasons therefor. | (18)(i) After the conclusion of the inquiry, a report shall be prepared and it shall contain: (a) the articles of charge and the statement of the imputation of misconduct or misbehaviour; (b) the defence of the Government Servant in respect of each article of charge; (c) an assessment of the evidence in respect of each article of charge; (d) the findings on each article of charge and the reasons therefor. | There is no change between the old rule and the new rule. |
| Explanation :— If in the opinion of the inquiring authority the proceedings of the inquiry establish any article of charge different from the original articles of the charge, it may record its findings on such article of charge : | Explanation :— If in the opinion of the Inquiring Authority, the proceedings of the inquiry establish any article of charge different from the original articles of the charge, it may record its findings on such article of charge : | |
Provided that the findings on such article of charge shall not be recorded unless the Government servant has either admitted the facts on which such article of charge is based or has had a reasonable opportunity of defending himself against such article of charge. | Provided that the findings on such article of charge shall not be recorded unless the Government Servant has either admitted the facts on which such article of charge is based or has had a reasonable opportunity of defending himself against such article of charge. | |
(ii) The inquiring authority, where it is not itself the disciplinary authority, shall forward to the disciplinary authority the records of inquiry which shall include- | (ii) The Inquiring Authority, where it is not itself the Disciplinary Authority, shall forward to the Disciplinary Authority the records of inquiry which; shall include: | |
(a) the report prepared by it under clause (i); | (a) the report prepared by it under clause (i); | |
(b) the written statement of defence, if any, submitted by the Government Servant; | (b) the written statement of defence, if any, submitted by the Government Servant; | |
(c) the oral and documentary evidence produced in the course of the inquiry; | (c) the oral and documentary evidence produced in the course of the inquiry; | |
(d) written briefs, if any, filed by the Presenting Officer or the Government Servant or both during the course of the inquiry; and | (d) written briefs, if any, filed by the Presenting Officer or the Government Servant or both during the course of the inquiry; and | |
(e) the orders, if any, made by the disciplinary authority and the inquiring authority in regard to the inquiry. | (e) the orders, if any, made by the Disciplinary Authority and the Inquiring Authority in regard to the inquiry. | |
| Explanation:— It is not necessary to have an inquiry in the manner provided for in this rule or to hear in person in the case of reduction of rank in seniority list (A and B lists) of Constables fit for promotion as Head Constables in the Andhra Pradesh Police Subordinate Service or Andhra Pradesh Special Police Service. | Explanation:— It is not necessary to have an inquiry in the manner provided for in this Rule or to hear in person in the case of reduction of rank in seniority list (A and B lists) of Constables fit for promotion as Head Constables in the Andhra Pradesh Police Subordinate Service or Andhra Pradesh Special Armed Police Service. |
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