PART IV - PENALTIES AND DISCIPLINARY AUTHORITIES



9. Penalties
The following penalties may, for good and sufficient reasons and as hereinafter provided, be imposed on a Government servant, namely -- Minor Penalties
(i) Censure;
(ii) withholding of promotion;
(iii) recovery from any pay of the whole or part of any pecuniary loss caused by him to the State Govern-ment or the Central Government or to a local authority or to a corporation owned or controlled by the State or the Central Government, by negligence or breach of orders, while working in any depart-ment of the State or the Central Government, local authority or corporation concerned;
(iv) withholding of increments of pay without cumulative effect(G.O.Ms.No. 205, G.A.(Ser. C) Dept., dt.5- 6-98).
(v) suspension, where a person has already been suspended under rule 8 to the extent considered necessary; Major Penalties
(vi) withholding of increments of pay with cumulative effect (G.O.Ms.No. 205, G.A. (Ser. C) Dept., dt.5- 6-98).
(vii) reduction to a lower rank in the seniority list or to a lower stage in the time-scale of pay or to a lower time-scale of pay not being lower than that to which he was directly recruited or to a lower grade or post not being lower than that to which he was directly recruited, whether in the same Service or in another Service, State or Subordinate;
(viii) compulsory retirement;
(ix) removal from service which shall not be a disqualification for future employment under the Govern-ment;
(x) dismissal from service which shall ordinarily be a dis-qualification for future employment under the Govern-ment: Provided that, in every case in which the charge of acceptance from any person of any gratification, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act is established, the penalty mentioned in clause (ix) or clause (x) shall be imposed: Provided further that in any exceptional case and for special reasons to be recorded in writing, any other penalty may be imposed.
Explanation :-
The following shall not amount to a penalty within the meaning of this rule, namely -(
i) non-promotion whether in a substantive or officiating capacity, of a Government servant in a class, cat-egory or grade of the service, after consideration of his case on merit, to a higher class, category or grade in the same service to which he is eligible;
(ii) reversion of a Government servant from a department in which he is on deputation to his parent department or to a post not lower than the post on which he holds a lien or a suspended lein, for administra-tive reasons unconnected with his work or conduct;
(iii) replacement of the services of a Government servant, whose services had been borrowed from the Government of another State or the Central Government or an authority under the control of the Government of another State or the Central Government or the authority from which the services of such Government servant had been borrowed;
(iv) stoppage or postponement of increment of a Government servant on account of extension of proba-tion under rule 26 in Part II of the Andhra Pradesh State and Subordinate Service Rules;
(v) reversion of a Government Servant, appointed on probation to any other service, grade or post, to his permanent Service, grade or post during or at the end of the period of probation in accordance with the terms of his appointment or the rules and orders governing such probation.
(vi) reversion of a Government servant officiating in a higher service, grade or post to a lower service, grade or post, on the ground that he is considered to be unsuitable for such higher service, grade or post or on any administrative ground unconnected with his conduct.
(vii) withholding of increments of pay of a Government servant for his failure to pass any departmental examination in accordance with the rules or orders governing the service to which he belongs or post which he holds or the terms of his appointment;
(viii) termination of the services of a Government servant appointed on probation, during or at the end of the period of his probation, in accordance with the terms of his appointment or the rules and orders governing such probation;
(ix) discharge of a Government servant engaged under contract, in accordance with the terms of his contract;
(x) discharge of a Government servant appointed otherwise than under contract, to hold a temporary appointment, on the expiration of the period of the appointment;
(xi) compulsory retirement of a Government servant in accordance with the provisions relating to his super-annuation or retirement under sub-rules (2) and (2A) of rule 3 of the Andhra Pradesh Liberalised Pension Rules, 1961 or under rules 292, 293 and 293A of the Hyderabad Civil Services Rules or under the Andhra Pradesh Government Servants’ Premature Retirement Rules, 1975 or under Article 465(2) or under Note I to Article 465A of the Civil Service Regulations or in the case of members of the Civil service of the erstwhile Hyderabad Government, compulsory retirement before completion of 30 years or 25 years of qualifying service according as the member of the service is governed by the Revised Pension Rules, 1951 or by the rules in force before that date, as the case may be, or the corresponding provisions thereof.

10. Other Penalties  In addition to the penalties specified in rule 9 and notwithstanding anything therein, the fol-lowing penalties may, for good and sufficient reasons and as hereinafter provided, be imposed, namely --
(i) fine, on a member of the Andhra Pradesh Last Grade Service and on a person holding any of the posts specified in Appendix - I to these rules;
(ii) suspension for a period not exceeding fifteen days -( a) on Forest Guards;
(b) on directly recruited members of the Andhra Pradesh Police Subordinate Service and the Andhra Pradesh Special Police Service;
(c) on Station Officers, Engineer Sub-Officers, Leading Fire-man, Driver-Mechanics, Driver-Opera-tors, Firemen-Mechanics, Firemen and equivalent ranks of the Andhra Pradesh Fire Subordinate Service: Provided that the penalty may be imposed on Government servants mentioned in sub-clauses (b) and (c) only if the penalty of reduction to a lower grade, post or time-scale or to a lower stage in the same time-scale cannot be imposed.

11. Disciplinary Authorities in respect of State Services
(1) The High Court of Andhra Pradesh may impose on members of the Andhra Pradesh State Ju-dicial service, any of the penalties specified in clauses (i) to (vii) of rule 9; Provided that the High Court of Andhra Pradesh may impose on Judicial, First Class Magistrates any of the penalties specified in rule 9.
(2) (i) The Commissioners concerned may impose on Mandal Revenue Officer, Assistant Superinten-dents of Excise (including Chemical Examiner in the cadre of Assistant Superintendent of Excise), Deputy Commercial Tax Officers and Assistant Directors of Survey and Land Records, any of the penalties specified in clauses (i) to (v) of rule 9.
(ii) The District Collector may impose on Mandal Revenue Officers the penalties of (a) censure, (b) withholding of increment for a period of three months without cumulative effect.
(iii)(a) The Commissioner, Commercial Taxes may impose on Commercial Tax Officers the penalties of (a) censure, (b) withholding of increment for a period of three months without cumulative effect.
(b) The Deputy Commissioner, Commercial Taxes may impose on Deputy Commercial Tax Offic-ers the penalties of (a) censure (b) withholding of increment for a period of three months without cumulative effect.
(iv)“(a) the Commissioner, Panchayat Raj and Rural Employment may impose the minor penalties as speci-fied in clauses (i) to (v) of rule 9, on Chief Executive Officers, Zilla Parishad, Deputy Chief Executive Officers, Zilla Parishad, District Panchayat Officers and Account Officers of Zilla Parishad.
(b) The Collector and District Magistrate may impose the minor penalties as specified in clauses (i) to (v) of rule 9, on Mandal Parishad Development Officers, Divisional Panchayat Officers, Extension Officers (Panchayats), Extension Officers (Rural Development) Executive Officers (Gram Panchayat)”.
(3) The Principal Secretary to Government, the Second Secretary to Government, the Special Secretary to Government, the Secretary to Government and the Secretary to Governor may impose on Section Officers working in their respective departments, any of the penalties specified in clauses (i) to (v) of rule 9.“(3-A): The Principal Secretary to Government, the Second Secretary to Government, Special Secretary to Government, the Secretary to Government and the Secretary to Governor may impose on the Private Secretaries to the said Secretaries to Government working in their respective departments, any of the penalties specified in clauses (i) to (v) of Rule. 9”.
(G.O.Ms.No. 382, GA(Ser. C) Dept., dt. 15-9-2001.)
(4) (i) The District Treasury Officer may impose on Sub-Treasury Officer the penalties specified in clause (i) to (iv) of rule 9.
(ii) The Joint Directors/Regional Joint Directors, Treasuries and Accounts Department may impose on Assistant Treasury Officer/Assistant Accounts Officer and District Treasury Officer/Accounts Officer/ Pension Payment Officer/Assistant Director and other officers of equivalent cadre in treasuries and Accounts Department the penalties specified in clause (i) of rule 9. (iii) The Director of Treasuries and Accounts Department may impose on Deputy Director/Chief Accounts Officer and other Officers of equivalent cadre in Treasuries and Accounts Department the penalties specified in clause (i) to (iv) of rule 9. (substituted by G.O. Ms.No.335 GA(Ser-C) Dept. dt.4-8-1995)
(5) The Director of Local Fund Audit may impose on the Audit Officers of the Andhra Pradesh Local Fund Audit Service, the penalties specified in clauses (i) and (iv) of rule 9.
(6) The Commissioner, Endowments Department may impose on the Deputy Commissioner and As-sistant Commissioners, Endowments Department, the penalties specified in clauses (i) and (iv) of rule 9. Sub-rule (7) omitted.
(G.O.Ms.No. 246, GA(Ser. C) Dept., dt. 13-6-1997.)
(8) The Director of Municipal Administration may impose on Municipal Commissioners of the Andhra Pradesh Municipal Commissioners Subordinate Service any of the penalties specified in clause (i) to (iv) of rule 9.
(9) The Director of Agriculture may impose on the Deputy Directors of Agriculture, the penalty speci-fied in clause (i) of rule 9.
(10)(i) The Director, Bureau of Economics and Statistics or the District Collector may impose on District Statistical Officer, the penalty specified in clause (i) of rule 9.
(ii) The Director, Bureau of Economics and Statistics may impose on Assistant Directors, any of the penalties specified in clauses (i) (ii), (iv) of rule 9.
(11) The Director, Commerce and Export Promotion may impose on Assistant Directors and Section Offic-ers in categories II and III of the Andhra Pradesh Central Store Purchase Service, any of the penalties specified in clauses (i) to (iv) of rule 9.
(12) The Commissioner of Labour may impose on Assistant Commissioners of Labour, any of the penal-ties specified in clauses (i), (ii), (iv) of rule 9.
(13) The Inspector-General of Registration and Stamps may impose on District Registrars (including Assistant Inspector-General), any of the penalties specified in clauses (i), (ii), (iv) of rule 9.
(14) The Commissioner/Director of Fisheries may impose on Deputy Directors of Fisheries, any of the penalties specified in clauses (i) to (iv) of rule 9.
(15) The State Port Officer, Andhra Pradesh may impose on Assistant Engineer for Marine Works at minor ports, the penalty specified in clause (i) of rule 9.
(16)(i) The Director of School Education may impose on officers in Class II of the Andhra Pradesh Educa-tional Service, any of the penalties specified in clauses (i),(ii),(iv) of rule 9.
(ii) The Director of Higher Education may impose on Deputy Directors of Higher Education, Chief Aca-demic Guidance Officer in the State Council for Educational Research and Training, Hyderabad and Princi-pals of Government Degree Colleges, any of the penalties specified in clauses (i),(ii),(iv) of rule 9.
(iii) The Director of Adult Education may impose on Deputy Directors of Adult Education and District Adult Education Officers, the penalty specified in clause (i) of rule 9.
(17)(i) The Director of Medical Education may impose on Civil Assistant Surgeons, any of the penalties specified in clauses (i) to (iv) of rule 9.
(ii) The Principals of Medical Colleges may impose on Civil Assistant Surgeons of Clinical and Non-Clinical Specialities, any of the penalties specified in clauses (i), (ii), (iv) of rule 9.
(iii) The Superintendents of General Hospitals attached to Medical Colleges may impose on Civil As-sistant Surgeons of Clinical Specialities and Civil Assistant Surgeons belonging to the Specialities of Bio-Chemistry, Pathology and Micro-Biology, any of the penalties specified in clauses (i), (ii), (iv) of rule 9.
(iv) The Superintendents of the District Headquarters Hospitals may impose on Civil Assistant Surgeons working in the District Headquarters Hospitals, any of the penalties specified in clauses (i), (ii), (iv) of rule 9.
(v) The District Medical and Health Officers may impose on Civil Assistant Surgeons working in the Hospitals in the Districts other than those working in the District Headquarters Hospitals, any of the penalties specified in clauses (i), (ii), (iv) of rule 9.

(18)(i) The Director of Public Health may impose on Statistician and Medical Officer (Maternity and Child Health) Grade-II, any of the penalties specified in clauses (i) to (vii) of rule 9.
(ii) The Director of Health and Family Welfare may impose on Civil Assistant Surgeons in the Public Health Department, any of the penalties specified in clauses (i) to (iv) of rule 9.
(19)(i) The Director of Animal Husbandry may impose on members in classes III and IV of the Andhra Pradesh Animal Husbandry Service, any of the penalties specified in clauses (i) to (iv) of rule 9.
(ii) The Regional Director or Deputy Director may impose on Veterinary Officers, the penalties specified in clauses (i) to (iv) of rule 9.
(20) The Engineer-in-Chief (Irrigation) may impose on -(
a) Assistant Engineers, Irrigation Department and Junior Superintendents, Public Works Workshop, the penalty specified in clause (i) of rule 9, and
(b) The Non-Technical Personal Assistant in his office, any of the penalties specified in clauses (i) to (vii) of rule 9.
(21) The Chief Engineer (Electricity) may impose on -(
a) Assistant Engineers,Store Superintendents,Chief Accountants and Deputy Chief Accountants under his control, the penalty specified in clause (i) of rule 9; and
(b) the Non-Technical Personal Assistant in his office, any of the penalties specified in clauses (i) to (vii) of rule 9.
(22) The Engineer-in-Chief (R&B) may impose on Deputy Executive Engineers (R&B), the penalty speci-fied in clause (i) of rule 9.
(23) The Chief Engineer, Public Health may impose on Assistant Engineers and Municipal Engineers, Grade II and Municipal Engineers, Grade I (Telangana), the penalty specified in clause (i) of rule 9.
(24)(i) The Chief Engineer (General & Panchayati Raj) may impose on Deputy Executive Engineers of the Panchayati Raj Engineering Service, the penalties specified in clauses (i) and (iv) of rule 9. (ii) The Superintending Engineer (Panchayati Raj) may impose on Assistant Executive Engineers of the Panchayati Raj Engineering Service, any of the penalties specified in clauses (i) to (iv) of rule 9.
(25)(i) The Deputy Inspector-General of Police or an officer of corresponding rank may impose on -( a) Deputy Superintendent of Police, Assistant Commissioner of Police, Assistant Commandant, Andhra Pradesh Special Police, Deputy Superintendent, Police Communications and Technical Assistant to Police Transport Officer, any of the penalties specified in clauses (i) to (iv) of rule 9 ; and
(b) Inspector of Police, Reserve Inspector, Armed Reserve, Reserve Inspector, Andhra Pradesh Spe-cial Police, Inspector of Police, Shorthand Bureau, Inspector of Police Communications, Inspector of Police Transport Organisation, Inspector of Women Police, any of the penalties specified in rule 9.
(ii) The Superintendent of Police or an officer of corresponding rank may also impose on Inspector of Police, Reserve Inspector of Armed Reserve, Reserve Inspector of Andhra Pradesh Special Police, Inspector of Police, short hand Bureau, Inspector of Police Communications, Inspector of Police Transport Organisation, Inspector of Women Police, any of the penalties specified in clauses (i) to (iv) of rule 9.
(26) The General Manager, District Industries Centre or an officer not lower in rank than a Joint Director of Industries, who is the Head of the District Industries Centre may impose on a member of service holding a post included in category III of the Andhra Pradesh Industries Service, the penalties specified in clauses (i) and (iv) of rule 9.
(a) The Principal Chief Conservator of Forests may impose on Assistant Conservator of Forests any of the penalties specified in clauses (i), (ii) and (iv) of rule 9.
(G.O.Ms.No. 496, GA(Ser.C) Dept., Dt.29-11-96)
(b) The Commissioner of Industries may impose on officers of the Industries Department upto and including the Officers of the rank of Joint Directors of Industries, any of the penalties specified in clauses (i) to (v) of rule 9.
(G.O.Ms.No.247, GA(Ser.C) Dept., Dated 16-06-1997)
(c) The Controller, Legal Metrology may impose on the Assistant Controllers, Legal Metrology any of the penalties specified in clauses (i) to (v) of rule 9.
(d) “the Commissioner and Director, Handloom & Textiles may impose on Deputy Director (Handloom & Textiles) the penalties specified in clauses (i) and (iv) of Rule 9”.
(G.O.Ms.No.359, GA (Ser.C) Dept., dt.7-09-98).
(27) Without prejudice to the foregoing provisions,
(i) every Head of Department may impose on a member of the State Services under his control, the penalty specified in clause (iii) of rule 9, except in the case of each member holding a post immediately below his rank; and
(ii) every Head of Department declared to be the appointing authority may impose on a member of the State Service holding a post at first level or at second level under his control, any of the penalties specified in clauses (i) to (viii) of rule 9.
(G.O.Ms.No. 428, GA (Ser.C) Dept., dt.13-10-1999).
12. Government’s Power to impose penalties on members of State Services Notwithstanding anything in rule 11, the Government may impose any of the penalties specified in rule 9 on members of the State Services.
13. Authorities competent to suspend members of State Services. The authority which may place under suspension under rule 8 members of the State Services men-tioned in column (1) of the table below shall be the authority mentioned in column (2) thereof: A.P. CIVIL SERVICES (C.C.&A.) RULES, 1991.

TABLE
Class of members of the State Service Authority which may place under suspension under rule 8.
(1)(2)
1. Members of the State Andhra Judicial Service. High Court of Judicature of Pradesh at Hyderabad.
2. Mandal Revenue Officers (Tahsildars) (including Mandal Revenue Officers, Civil Supplies), Assistant Civil Supply Officers (Civil Supplies), Assistant Excise Superintendents (including Chemical Examiner) and Deputy Commercial Tax Officers. Commissioners Concerned.
“2-A Mandal Parishad Development Officers, Divisional Panchayat Officers, Extension Officers (Panchayats), Extension Officers (Rural Development), Executive Officers (Gram Panchayats). Collectors and District Magistrate”.
The District Collectors are empowered to place the Mandal Revenue Officers (Tahsildar Cadre) under suspension for a pe-riod of three months and to obtain the approval of the Commis-sioner of Land Revenue, if the suspension period has to be ex-tended beyond the period of three months. (G.O.Ms.No.533, GA (Ser.C) Dept.,dated 06-12-1997).
3. Section Officers in the Departments of Secretariat and Governor’s Secretariat. Chief Secretary to Government, Principal Secretary to Government Second Secretary to Government, Secretary to Government, Special Secretary to Government or the Secretary to Governor, as the case may be.
3(A) Private Secretaries to Secretaries to Government in the Departments of Secretariat and Governor’s Secretariat. Chief Secretary to Government, Principal Secretary to Government Second Secretary to Government, Secretary to Government, Special Secretary to Government or the Secretary to Governor, as the case may be.

(G.O.Ms.No. 382, GA.(Ser.C) Department, dated : 15-9-2001)
4. Deputy Executive Engineers and Assistant Executive Engineers in Irrigation Department, and Junior Superintendents, Public Works Workshops. Engineer - in - Chief, Irrigation Department.
5. Asst. Research Officer in the Engineering Research Department. Chief Engineer incharge of Engineering Research Department
6(i) Deputy Executive Engineers,Assistant Executive Engineers, Roads & Buildings Department. i. Engineer - in - Chief ( R & B).
(ii) Non-Technical Personal Asst. to the Chief Engineer i i. Chief Engineer concerned to whom the Non-Technical Per-sonal (Roads & Buildings). Assistant is attached.
7. Deputy Executive Engineers (Public Health),Mechanical Export, Superintendent and Chemist, Drainage and Disposal work. Chief Engineer (Public Health).
8. Deputy Executive Engineer of Panchayati Raj Engineering Dept, Non-Technical Personal Assistants to the Chief Engineer (General & P.R.) Chief Engineers (General & P.R.)
9. Civil Assistant Surgeons and Health Officers. Director of Medical Education or Inspector-General of Prisons if the misconduct relates to profes- sional duties of Jail discipline.
10. Statistical Officers and Medical Officers (Maternity and Child Health), Grade-II. Director of Medical Education.
11. Lay Secretaries and Treasures in Government Medical institutions. Director of Medical Education or Director of Indian Medicine and Homeopathy as the case may be.
12. Members in Class IV of the Andhra Pradesh Animal Husbandry Service. Director of Animal Husbandry.
13. Omitted (G.O.Ms.No. 246, GA , (Ser.C) Dept., Dt.13-06-1997.)
14. Inspector of Factories,Inspector of Boilers, District Inspector of Labour, Inspector of Evaluation and Implementation and Administrative Officers (subsidised Housing Scheme). Commissioner of Labour.
15. Inspectors of Police,Reserve Inspectors, Armed Reserve, Reserve Inspectors of Andhra Pradesh Special Police, Inspectors of Police, Shorthand Bureau, Inspectors of Police, Communications, Inspectors of Police Transport Organisation, Inspector of Women Police. Deputy Inspector General of Police, Commissioner of Police or Officers of corresponding rank concerned.
16. Deputy Director working in the Departments of Printing and in its various wings. Director of Printing, Stationery and Stores Purchase, Hyderabad.
16(a) Assistant Conservator of Forests working in the Forest Department. Principal Chief Conservator of Forests.
17(a) Other members of the State services holding initial Gazetted posts. The Regional authority or where no regional authority exists the Head of the Department.
(b) Other members of the State Services holding Second level Gazetted post. Head of the department concerned.
[G.O.Ms.No.428, G.A.(Ser.C) Dept.,Dt. 13-10-1999]