GO.RT.2752
Dt.11.12.2017 Disciplinary Cases – Action to be taken by the authorities
concerned for filing charge sheet in Court of Law and Dismissal of employees
convicted by Court, Reinstatement of employees under suspension etc
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General Administration (Services.C) Department
G.O.RT.No. 2752 Dated: 11-12-2017
Read the following:-
1. Memo No:2358/Ser.C/74-1,
GA (Ser.C) Dept., Dt:05.02.1975
2. Memo
No.1718/Ser.C/75-1, GA(Ser.C) Dept., Dt:22.11.1975
3. Memo.No.169/Ser.C/77-8,
GA (Ser.C) Deptt., Dt.10.2.1978.
4.
Clr.Memo.No.3824/Ser.C/98-2,GA (Ser.C) Deptt.,
Dt.9.2.1998.
5. G.O.Ms.No.2, G.A.(Ser)
Department, Dt:4-1-1999.
6. Minutes of the
Secretaries Conference held by the Chief
Secretary on 25.10.2017,
A.P. Secretariat, Velagapudi.
****
ORDER:
Where as, in the
references read above, Government have issued
instructions inter alia,
that:-
I) that every effort
should be made to file the charge sheet in court or serve it on the Government
servant, as the case may be, within 3 months of the date of suspension and in
cases in which it would not be possible to do so, the matter should be reported
to the next higher authority explaining the reasons for the delay;
II) that in cases which do
not require consultation with the Vigilance Commission or the APPSC, a final
decision on the enquiry report should be taken within a period of 3 months at
least, and where it is not possible to adhere to this time limit, a report
should be submitted to the next higher authority indicating the additional period
within which a case is likely to be disposed of and the reason
for the same. In cases
requiring consultation with the VC and the APPSC, every effort should be made
to ensure that such cases are disposed of as quickly as possible;
2. In the Memo. 2nd read above, instructions were issued to Heads of Departments and
District Collectors that the officers convicted in criminal
cases should normally be
dismissed from service and it is not necessary
either to await the
outcome of an appeal or the expiry of the appeal time,
where an appeal may have
been preferred. The said instructions have been
reiterated from time to
time in the references read above.
3. Further, with regard to
ACB cases, following action
points emerged out of
Secretaries Conference held by the Chief Secretary on
25.10.2017 at 3.30 PM AP
Secretariat, Velagapudi, are hereunder: -
(a) It must be ensured
that Charge Sheet is filed in the Court of Law within 90
days of registration of
the claim.
(b) It was noticed that in
many cases the persons have been convicted but
dismissal order is not
issued. Dismissal order should be issued within a
reasonable time preferably
within two months from the date of receipt of the
conviction order.
(c) The Officers who have
been trapped and reinstated should not be posted in
focal positions even on
FAC basis also.
4. Government, after
careful examination of the matter, while reiterating the
earlier instructions as
read above, hereby direct all the Departments of
Secretariat, Heads of
Departments and the authorities concerned that:
(a) It must be ensured
that Charge Sheet is filed in the Court of Law within 90
Days of registration of
the Case.
(b) Dismissal order should
be issued against the employees convicted by the
Courts within a reasonable
time preferably within two months from the date of
receipt of the conviction
order and it is not necessary either to await
the outcome of an appeal
or the expiry of the appeal time, where an appeal
may have been preferred.
(c) The Accused Officers /
Charged Officers who have been suspended in all
A.C.B. cases as well as
serious allegations, and on reinstatement, they
should not be posted in
Focal positions even on FAC basis also, till disposal of
their cases.
5. All the Departments of
Secretariat, Heads of Departments and the
Authorities shall follow
the above orders scrupulously and strictly.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
DINESH KUMAR
CHIEF SECRETARY TO GOVERNMENTCOPY DOWNLOAD CLICK HERE
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