PART - I
1. LIST OF CIRCULARS
G.Os., Memoranda, U.O.Notes etc issued by Government of Andhra Pradesh





(200)






Memorandum No. 655/Ser.C/90-1 Genl.Admn. (Ser.C) Dept., dated 17-8-1990 : Proposals to be sent to Public Service Commission for advice under Regulation 17, in disciplinary cases

Subject Heading: Public Service Commission consultation


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Ref:- 1. G.O.Ms.No.194 G.A.(Ser.C) Dept., dt. 15-3-90.

2. From the Secretary, A.P.P.S.C. Lr.No.1475/RT/5/90 dt. 19-7-90.

The attention of the Departments of Secretariat and the Heads of Departments is invited to the Regulation 17 of the Andhra Pradesh Public Service Commission Regulations, 1963 and the G.O. first cited wherein certain instructions have been issued on the procedures laid down under rule 19(2)(a) of Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1963 for conducting Departmental Enquiries.

2. It is hereby reiterated that according to Regulation No.17 of Andhra Pradesh Public Service Commission Regulations, 1963, the Commission should be consulted on disciplinary matters affecting a person serving under the Government of a State in a Civil capacity and the concurrence by the Andhra Pradesh Public Service Commission in such cases is a statutory requirement. Having regard to the importance attached to this function, it is needless to say that there should not be any delay in finalising the cases. The Andhra Pradesh Public Service Commission has pointed out that on several occasions several Enquiry Officers appointed either by the Government or Heads of Departments have invariably not followed the procedures laid down under the statutory provisions for conducting Departmental enquiries under rule 19(2)(a) of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, particularly the Personal Files of the delinquent officers and proforma containing detailed particulars of the delinquent officers etc. are not being sent along with the proposals to the Andhra Pradesh Public Service Commission. Even when records are sent, they do not contain the relevant information connected with the case referred to. The Commission has felt that there is unnecessary correspondence leading to delay. Where complete records are not received, the Commission has decided not to entertain any such case, but to return them to the Government for resubmission with all relevant records. It has also been observed by the Commission that some Departments are taking unduly long time for supplying the records required by the Commission.

3. With a view to hasten the process of finalising the cases, it is considered necessary that the Department concerned should forward the proposals in complete shape, including information on all the items referred to in the check list appended. This may go a long way in curbing the delays both at Government level and in the office of the Andhra Pradesh Public Service Commission.

4. In the G.O. referred to above, an amendment has been issued to the Andhra Pradesh Civil services (Classification, Control and Appeal) Rules, 1963, for conducting ex parte oral enquiry when there is no reply from the delinquent officer for the Charge Memorandum. The Commission has pointed out that while examining the disciplinary cases pertaining to cases of unauthorised absence, in many cases Enquiry Officers are not conducting ex parte oral enquiry when there is no reply from the delinquent officer to the Charge Memorandum when served on him or returned undelivered. The Commission has even felt that an ex parte oral enquiry should be conducted by the enquiry officer when there is no reply from the delinquent officer for the Charge Memorandum even though it was got published in the Andhra Pradesh Gazette. The Commission has also pointed out that in respect of cut in pension of the retired employees, the period for which the cut is imposed is not indicated in several cases.

5. All Heads of Departments and the Departments of Secretariat are therefore requested to adhere to the instructions issued under Classification, Control and Appeal Rules in this regard scrupulously and bring these instructions to the notice of their subordinates. Information and papers relating to disciplinary cases may be furnished to the Commission as per the check list appended.
(Note: See Part II for Check Lists and Annexure (No.34)