SECRETARIAT INSTRUCTIONS
(Instructions issued by the Governor under rule 58 of the Andhra Pradesh Government Business Rules)




CHAPTER - I GENERAL

1. These instructions may be called “The Andhra Pradesh Government Secretariat Instructions” .

61. Issue of orders and proceedings of Government has the following stages:-
( i) Approval of office copy of the draft order or proceedings. This has to be done by the officer taking the decision and in token of it he should sign the office copy.
(ii) Authenticating the fair copy of the order or proceedings as prescribed in rules 12 & 13 of the Andhra Pradesh Government Business Rules. The name and designation of the authenticating authority as prescribed in rules 12 and 13 of the Andhra Pradesh Government Business Rules shall be typed below his signature.
(iii) Forwarding copies of authenticated orders and proceedings to the addressees. Copies or orders and proceedings of Government shall be attested and forwarded by the Section Officer in the department concerned as follows.
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62. The following procedure shall be observed in referring any matter to the Andhra Pradesh Public Service Commission.
(1) All such references shall be addressed to the Secretary to the Commission by the administrative department concerned in the form of an official letter with which all relevant papers or copies of papers should be forwarded.
(2) Secretariat note files should on no account form part of the records sent to the Commission.
(3) When the Commission has arrived at a conclusion, they will communicate their recommendation to the department which referred the case.
(4) Where it is proposed not to accept the advice of the Commission for reasons not before the Commission when their recommendation was made, the Commission will ordinarily be given a reasonable opportunity of reconsidering their opinion, and if necessary, of making a fresh recommendation.

Note: Special care should be taken to ensure that until the Commission’s advice has been obtained and a decision has been reached by the Government in the light of it, no language is used in any communication issued in connection with the case which is capable of being interpreted as implying that the Government have formed a settled opinion on the merits or any part of the case.

63. In disciplinary matters in which the advice of the Andhra Pradesh Public Service Commission is to be sought, the following procedure will be adopted:—-As soon as the case is received in the department concerned, it will be examined to see whether the file is complete and inorder and whether the statutory provisions relating to disciplinary inquiries have been complied with, but no officer below the rank of an Assistant Secretary shall note on the merits of the case. If the case is incomplete or defective or any point in the case appears to require further elucidation, the Secretary will refer the case back to the Head of the Department for rectification of the defects or further information. When all defects have been rectified and the case is prima facie in order and completed, the Secretary of the department will refer it to the Commission . As soon as the case is received back from the Commission with its advice, the Secretary will circulate the case for orders without further noting and without reference to the General Administration Department when there is agreement between the department and the Commission. If, however, there appears to the Secretary to be good and sufficient reasons to differ on any point from the advice of the Commission, it will be open to him to submit a note and circulate the case through the Chief Secretary. No officer below the rank of Secretary shall be permitted to comment on the advice tenured by the Commission. If a case is one arising out of financial irregularities, it shall be sent to the Finance & Planning (Finance Wing) Department, both before making a reference to the Commission and also after the recommendation of the Commission has been received. Provided that further circulation of such cases where the Andhra Pradesh Public Service Commission has given its concurrence is not necessary if the Minister and / or Chief Minister who had earlier passed orders for inflicting punishment has not changed on the day of issue of order.

Note: The provisions of instructions 61 and 62 will mutatis-mutandis apply to cases in which the advice of the Andhra Pradesh Vigilance Commissioner is to be sought.

66.(a)If, in any case, it is proposed to reject or to deviate from the advice of the Andhra Pradesh Public Service Commission on grounds which were not before the Commission, when it made its recommendation, the Commission, shall, if possible, be given a reasonable opportunity of considering those grounds and making a fresh recommendation before orders are issued.
(b) In any case in which the advice tendered by the Commission is rejected or deviated from, the administrative department concerned shall communicate the reasons for such rejection or deviation to the Commission.
(c) Where it is proposed to reject or to deviate from the advice of the Andhra Pradesh Public Service Commission, the file shall be circulated through the Chief Secretary.

67. Before orders are issued amending the Commission’s Regulations issued under Article 318 of the Constitution of India or the rules regulating the procedure to be observed by the Andhra Pradesh Public Service Commission, and the relations of the Commission with the Government and subordinate authorities, the Chairman of the Commission shall, unless the amendment is in ac-cordance with the recommendations made by the Commission, be informed demi-officially of the orders proposed to be issued to en-able him, if the Commission thinks fit, to lay the Commission’s views personally before the Chief Minister.

68. Copies of orders in the following cases, shall be sent to the Andhra Pradesh Public Service Commission by the administrative de-partment of the Secretariat concerned.
(a) Orders of appointment of candidates selected in consultation with the Commission; and
(b) final orders in disciplinary and other matters in respect of which the Commission was consulted.

69. Where it is proposed to reject or to deviate from the advice of the Andhra Pradesh Vigilance Commission, the file shall be cir-culated through the Chief Secretary.