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The Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991
The Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991
Published vide Notification G.O.Ms.No. 487, GA (Ser-C) Department , dated 14-9-1992 issued in G.O.Ms.No. 490, GA (Ser-C) Department , dated 8-8-1991 and published in A.P. Gazette, Part 1, Extraordinary No. 235, dated 1-7-92)
AP231
In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India and of all other powers hereunto enabling, the Governor of Andhra Pradesh hereby makes the following rules, in supersession of the A. P. Civil Services (Classification, Control and Appeal) Rules, 1963 issued in G.O. Ms. No. 1376, G.A. (Rules) Department , dated the 28th November, 1963.
Part – I
General
1. Short title and commencement: – (1) These Rules may be called the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991.
(2) They shall come into force on and after the expiration of three months from the date of publication of these rules in the Andhra Pradesh Gazette. (Came into effect on 1-10-92).
(a) ‘appointing authority in relation to a Government servant‘ means-
(i) the authority which actually made the temporary or officiating or substantive appointment as the case may be, of the Government Servant to the post held by him at the time of initiation of disciplinary proceedings; or
(ii) the authority which is, under the rules regulating the recruitment to the post which the Government servant for the time being holds, competent to make an appointment, whichever authority is higher;
(b) ‘Commission‘ means the Andhra Pradesh Public Service Commission;
(c) ‘disciplinary authority‘ means the authority competent under these rules to impose on a Government Servant any of the penalties specified in Rule 9 or Rule 10;
(d) ‘Government‘ means the Government of Andhra Pradesh;
(e) ‘Government Servant‘ means a person who-
(i) is a member of a Civil Service of the State or holds a post in connection with the affairs of the State, whether temporary or permanent, appointed thereto before, on or after the datespecified in Rule 1 and includes such Government Servant whose services are temporarily placed at the disposal of the Government of India, the Government of another State, or a Company, Corporation or Organisation owned or controlled by Government, or a local or other authority, notwithstanding that his salary is drawn from sources other than the Consolidated Fund of the State;
(ii) is a member of a Civil Service of, or holds a Civil post under the Government of India or the Government of another State and whose services are temporarily placed at the disposal of the Government;
(iii) is in the service of a local or other authority and whose services are temporarily placed at the disposal of the Government.
(f) ‘Governor‘ means Governor of Andhra Pradesh;
(g) ‘major penalty‘ means any of the penalties specified in clauses [(iv) to (x)] (both inclusive) of Rule 9;
(h) ‘minor penalty‘ means any of the penalties specified in clauses (i) to (v) (both inclusive) of Rule 9 and in Rule 10;
(i) ‘Service‘ means a Civil Service of the State;
(j) ‘State‘ means the State of Andhra Pradesh.
(a) persons in casual employment,
(b) persons subject to discharge from service on less than one month’s notice,
(c) persons for whom special provision is made, in respect of matters covered by these rules, by or under any law for the time being in force or in any rule or by or under any contract or agreement entered into by or with the previous approval of the Government before or after the commencement of these rules, in regard to matters covered by such special provisions,
(d) members of the All India Services.
(2) If any doubt arises –
(a) whether these Rules apply to any person, or
(b) whether a person to whom these rules apply belongs to a particular service, or as to which of the two or more services is the Service to which such person belongs,
the matter shall be referred to the Government whose decision shall be final.
4. Power to exclude from operation: -Notwithstanding anything in Rule 3, the Governor may, by notification published in the Andhra Pradesh Gazette, exclude, wholly or in part, from the operation of these rules, the holder of any post or, the holders of any class of posts, in respect of whom the Governor decides that the rules cannot suitably be applied and these rules shall, thereupon to the extent of such exclusion, cease to apply to them accordingly.
Part – II
Classification
5. Classification of Services: – (1) The Civil Services of the State, the members of which are subject to these rules, shall be classified as follows :
(a) the State Services; and
(b) the Subordinate Services.
(2) A member of the Civil Service of the State and every person holding a civil post under the State whose services are placed at the disposal of any company, corporation, organisation or local authority by the Government or by any competent authority shall, for the purposes of these rules, be deemed to be a member of such civil service or be deemed to hold such civil post, notwithstanding that his salary is drawn from a source other than the Consolidated Fund of the State.
[6. Constitution of State Services: – The State Services shall consist of the services specified in Schedule Ito these rules and includes any other services that may be notified or as the case may be constituted by Government from time to time].
[7. Constitution of Subordinate Services: – The Subordinate Services shall consist of the services specified in Schedule II to these rules and include any other services that may be notified or as the case may be constituted by Government from time to time].
Part – III
Suspension
(a) where a disciplinary proceeding against him is contemplated or is pending, or
(b) where in the opinion of the authority competent to place the Government servant under suspension, he has engaged himself in activities prejudicial to the interest of the security of the State, or
(c) where a case against him in respect of any criminal offence is under investigation, inquiry or trial.
(2) A Government servant shall be deemed to have been placed under suspension by an order of the authority competent to place him under suspension-
(a) with effect from the date of his detention, if he is detained in custody, whether on a criminal charge or otherwise for a period exceeding forty-eight hours;
(b) with effect from the date of his conviction if, in the event of a conviction for an offence, he is sentenced to a term of imprisonment exceeding forty-eight hours and is not forthwith dismissed or removed or compulsorily retired consequent to such conviction.
Explanation : – The period of forty-eight hours referred to in clause (b) of this sub-rule shall be computed from the commencement of the imprisonment after the conviction and for this purpose, intermittent periods of imprisonment, if any, shall be taken into account.
(3) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a Government servant under suspension is set aside in appeal or on revision or review under these rules and the case is remitted for further inquiry or action or with any other directions, the order of his suspension shall be deemed to have continued in force on and from the date of the original order of dismissal, removal, or compulsory retirement and shall remain in force until further orders.
(4) Where a penalty of dismissal, removal or compulsory retirement from service imposed upon a Government servant is set aside or declared or rendered void, in consequence of or by a decision of a court of law and the authority competent to impose the penalty, on a consideration of the circumstances of the case, decides to hold a further inquiry against him on the allegations on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the Government servant shall be deemed to have been placed under suspension by the authority competent to impose the suspension from the date of the original order of dismissal, removal or compulsory retirement and shall continue to remain under suspension until further orders :
Provided that no such further inquiry shall be ordered unless it is intended to meet a situation where the Court has passed an order purely on technical grounds without going into the merits of the case.
(5) (a) An order of suspension made or deemed to have been made under this rule shall continue to remain in force until it is modified or revoked by the authority which made or is deemed to have made the order or by an authority to which that authority is subordinate.
(b) Where a Government servant is suspended or is deemed to have been suspended, whether in connection with any disciplinary proceeding or otherwise, and any other disciplinary proceeding is commenced against him during the continuance of that suspension, the authority competent to place him under suspension may, for reasons to be recorded by him in writing, direct that the Government servant shall continue to be under suspension until the termination of all or any of such proceedings.
(c) An order of suspension made or deemed to have been made under this rule may, at any time, be modified or revoked by the authority which made or is deemed to have made the order or by any authority to which that authority is subordinate.
Executive Instructions
1. Date of effect of an order of suspension – Regarding.
(Memorandum No. 1085/Ser. C/72-3, dated 10-5-1973)
Order: – A question has often been raised as to the date from which an order of suspension pending inquiry will take effect, i.e., whether it is the date on which the competent authority has passed the order, whether it is the date of dispatch of the order, or whether it is the date on which the Government servant concerned has actually been served with the order of suspension.
2. Except in cases where a Government servant is deemed to have been placed under suspension under Rule 13(2) of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1963 the order of suspension will ordinarily be communicated to the Government servant immediately after it is passed. A difficulty may, however, arise in determining the date from which the Government servant is under suspension, if the Government servant placed under suspension is-
(a) stationed at a place other than that where the competent authority passed the order of suspension;
(b) on tour and it may not be possible to serve the order of suspension on him immediately;
(c) one holding charge of stores, cash, warehouses, seized goods, bounds, etc., and he has to be relieved of the charge; and
(d) on leave or absent from duty without permission or availing joining time.
3. The Government have examined the question and they issue the following instructions :
(i) In cases referred to in items (a) and (b) above, will not be feasible to give effect to an order of suspension from the date on which it is passed, owing to the fact that during the intervening period, a Government servant may, perform certain functions lawfully exercisable by him or may enter into contracts, etc. In such cases, the order of suspension takes effect from the date of its service on the Government servant concerned.
(ii) In cases referred to in item (c) above, the concerned Government servant may not be able to hand over charge immediately on receipt of suspension order by him, without checking and verification of stores, cash etc., and the order of suspension takes effect from the date of normal handing over the stores, cash etc., by the Government servant concerned.
(iii) In cases referred to in item (d) above, the order of suspension takes effect from the date of its despatch from the office of the authority which passes it. Where a Government servant on leave is suspended, it is not necessary to recall him from leave, but it is sufficient if the unexpired portion of the leave is cancelled by an order to that effect.
4. It may be borne in mind that no order of suspension should be made retrospective effect, as a retrospective order of suspension is illegal.
5. The Government also direct that the above orders will apply mutatis mutandis to an order imposing the penalty of dismissal, removal or compulsory retirement on a Government servant.
2. Suspension of Government servants – Pending enquiry – Consolidated instructions – Issued.
(Memo. No. 1470/Ser. C/77-2, General Administrator (Ser-C) Department , dated 26-12-1977)
Instructions were issued from time to time regarding suspension of Government servants pending enquiry into charges against them, apart from the provisions contained in the Andhra Pradesh Civil Services (CC&A) Rules, 1963. It is considered desirable to consolidate these instructions for information and guidance of the Departments of Secretariat, Heads of Departments and other officers. Therefore, the instructions are incorporated in the Annexure to this Memo. The officers concerned are requested to follow these instructions scrupulously.
Annexure
(1) Memorandum No. 3903/64-1, G.A. (Service -C) Department, dated 2-1-1965.
The orders made by an authority other than Government placing an employee under suspension pending enquiry, may be revoked by that authority or by the Government or by any authority to whom that authority is administratively subordinate, even though the sanctions of Government to the extension of suspension, after the period of six months was obtained as such order of extension does not render the original order of suspension ineffective and substitute in its place an order of the Government suspending the employee pending enquiry.
(2) Memorandum No. 2044/65-2, G.A. (Service-C) Department , dated 17-8-1965.
A member of a service who is deemed under sub-rule (2) of Rule 13 of the Andhra Pradesh Civil Services (CC & A) Rules, to have been suspended by an order of the competent authority to suspend him, remains under suspension until further orders. The further orders contemplated by the said sub-rule are those of the competent authority or of a higher authority under sub-rule (5). The competent authority or the higher authority need not necessarily revoke the order of suspension when the member of a service who is arrested and detained on a criminal charge or otherwise for a period exceeding 48 hours is released on bail, but the said authority may revoke the order of suspension and admit him to duty or grant him leave during the period if applied for by him, if the said authority thinks fit to do so having regard to the nature of the charge and other circumstances of the case. The mere fact that the member of a service has been granted bail, does not give him a right to be restored to duty.
(3) Memorandum No. 1933/65-4, G.A. (Ser-C) Department , dated 28-12-1965.
Where the work and conduct of an employee who is appointed temporarily are not satisfactorily, he need not be placed under suspension pending enquiry as it involves financial loss to Government, not should disciplinary action be initiated against him but he should be discharged in terms of his appointment, by an innocuous order, so as to avoid complication.
(4) Memorandum No. 2213/Ser-C/668, G.A. (Ser-C) Department , dated 30-11-1966.
In order to ensure that suspension is not resorted to for simple reasons, the Government have decided that when the reinstating authority held that the suspension of the employee was wholly unjustified and it made an order that for the period of suspension the employee considered be paid full pay and allowances, proceedings should be initiated under Rule 19 of Andhra Pradesh Civil Services (CC & A) Rules, 1963, against the officer who suspended the employee and the question of recovery from pay of such officer the whole or any part of the pecuniary loss caused to the Government due to payment of pay and allowances under F.R. 54, should be considered.
(5) Memorandum No. 904/Ser-C/67-1, G.A., (Ser-C), Department , dated 29-5-1967.
The necessity for continuance or otherwise of a Government employee under suspension is required to be reviewed by the Government at intervals of not more than 6 months. The object is to ensure that Government employee placed under suspension indefinitely and that the necessity or otherwise for his continuance is reviewed periodically by Government so that if in any case it is felt that further continuance of the Government employee involves undue-hardship, necessary relief may be granted, either by revoking the order of suspension and restoring him to duty or allowing him to proceed on leave.
In cases of suspension and review the following procedure may be adopted:
(a) Where an employee is suspended the order may be so drawn up, that he is suspended, pending enquiry, until further orders.
(b) When upon a review which may be ordinarily made at intervals of not more than six months, it is considered that he should be continued under suspension, the order that may be made after such review may be as follows :
“The Government have reviewed the case of Sri……………………….who is under suspension pending enquiry and they have decided that he shall continue under suspension. The next review will be taken up at the end of six months from the date of this order.”
(6) Memorandum No. 1733/Ser-C/67-2, G.A. (Ser-C), Department , dated 3-8-1967.
Instead of placing an employee under suspension pending investigation into grave charges, the desirability of transferring him to some other place or to allow him to go on leave may be considered.
(7) U.O. Note No. 1742/Ser-C/68-3, G.A. (Ser-C), Department , dated 16-10-1968.
When the Anti-Corruption Bureau enquiry goes beyond six months after an officer has been placed under suspension, the Director, Anti-Corruption Bureau should send a report to the concerned Secretary to Government intimating the stage of enquiry and whether or not the officer should be continued under suspension furnishing the reasons therefor. Where the suspension of an officer is to be continued beyond a period of six months prompt action should be taken in compliance with the instructions issued by the Government in Memorandum No. 904/67, G.A. (Ser.C) Department, dated 29-5-1967.
(8) Memorandum No. 365/Ser-C/69-1.G.A. (Ser-C) Department , dated 11-6-1970.
The cases of all officers who are under suspension for six months irrespective of the fact, whether the cases are under investigation by the Anti-Corruption Bureau or pending enq1uiry be the Anti-Corruption Bureau or pending enquiry before the Tribunal for Disciplinary Proceedings or departmental authority or pending trial before the Court of Special Judge for Special Police Establishment and Anti-Corruption Bureau cases or pending with Government will have to be reviewed by the Government and the Government Should have adequate and sufficient material before them to judge the necessity or otherwise of the continuance of the suspension. The Director, Anti-Corruption Bureau should send his reports to the Government not only in respect of cases which are under investigation by the Anti-Corruption Bureau but also in cases pending enquiry before the Tribunal for Disciplinary Proceedings and trial in the Court of the Special Judge for Special Police Establishment and Anti-Corruption Bureau cases. He need not, however, send reports in cases where enquiries are being conducted by Departmental authorities or in cases pending with the Government after the receipt of the Tribunal for Disciplinary Proceedings and the Judgement of the Special Judge for the Special Police Establishments and Anti-Corruption Bureau cases.
(9) G.O.Ms.No. 517, G.A. (Ser.C) Department , dated 27-7-1977.
A proforma as given below has been prescribed in order to enable the Government to take a decision on each based on the information given by the various officers requesting for extension of suspension of officers. The Establishment Officer will have to take a view on the question of extension of suspension and if he feels that within the extended period or within six months, the case cannot be decided, them he has to send a report in the proforma about two months in advance of the period.
Performa for Extension of Period of Suspension beyond Six Months
Sl. No.
|
Name and designation of the officer under
suspension |
Date of suspension
|
Date of appointment of Enquiry officer
|
(a) Have Charges been framed, if so, date
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(b) Has it been served on the other officer, if
so, when date |
(c) Has it been served on the other officer, if ,
so, when date |
(d) Has the case in
support of the charge been presentedbefore Enquiry officer, date |
(e) has the officer
under suspension entered upon his defence.
If So, the date
|
Reasons for asking for extension
|
Expected date of completion
|
Paid subsistence allowance
|
Remarks
|
(a)
|
(b)
|
(c)
|
(d)
|
(e)
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2
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3
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4
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5
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