G.Os., Memoranda, U.O.Notes etc issued by Government of Andhra Pradesh
Vig.&Enf. Dept’s Memo.No.
1470/Ser.C/77-2 dt. 26-12- 77.
Several executive instructions
were issued by Government to supplement the provisions of the Andhra Pradesh
Civil Services (CCA) Rules on the question of the circumstances which would
justify, placing a Government employee under suspension pending enquiries etc.
The gist of some of the important instructions was communicated in Memo.No.
1470/Ser.C/77-2, dated 26-12-1977. A few other instructions on the subject of
suspension were also issued from time to time. Inspite of the above, enquiries
are being received on the question, frequently, from the Departments of
Secretariat. It is, therefore, considered desirable to communicate the
following important and frequently required instructions, some of which have
already been included in the Memorandum cited, for information of the
Departments of Secretariat and Heads of Departments. These instructions are
only to supplement and clarify the provisions contained in the Andhra Pradesh
Civil Services (Classification, Control and Appeal) Rules, 1963.
2. In Memo. No. 401/Ser.C/65-1, G.A. (Ser.C)
Dept., dated 27-2-65 instructions were issued that Government servants may be
placed under suspension under the following circumstances:
i. Cases where continuance in
office of the Government servant will prejudice the investigation, trial or any
inquiry (eg., apprehended tampering with witness or documents);
ii. Where the continuance in
office of the Government servant is likely to seriously subvert discipline in
the office in which the public servant is working;
iii. Where the continuance in
office of the Government servant will be against the wider public interest
(other than those covered by (i) and (ii) such as there is a public scandal and
it is necessary to place the Government servant under suspension to demonstrate
the policy of the Government to deal strictly with officers involved in such
scandals particularly of corruption.
iv. Where allegations have been
made against the Government servant and the preliminary inquiry has revealed
that a prima facie case is made out which would justify his prosecution or his
being proceeded against in departmental proceedings and where the proceedings
are likely to end in his conviction and/or dismissal, removal or compulsory
retirement from service.
NOTE:- a) In the first three circumstances the
disciplinary authority may exercise his discretion to place Government servant
under suspension even when the case is under investigation and before a prima
facie case has been established.
b) Certain types of misdemeanour where suspension
may be desirable in the four circumstances mentioned are indicated below:
any offence or conduct involving moral
turpitude;
i.
corruption, embezzlement or
misappropriation of Government money, possession of disproportionate assets,
misuse of official powers for personal gain;
ii.
serious negligence and
dereliction of duty resulting in considerable loss to Government.
iii.
Refusal or deliberate failure
to carry out written orders of superior officers.
3. In confidential Memo.No. 204/Ser.C/76-3, G.A. (Ser.C)
Department dated 31-5-76 it has been directed that the officers trapped in
corruption be placed under suspension immediately and that if there is likely
to be any interregnum between the trap and the actual relief of the trapped
officer after being placed under suspension, the competent authorities should
consider whether the officers could be transferred immediately to that material
evidence is not destroyed and that arrangements should be made to relieve
trapped officers forthwith.
4. In Memo.No. 488/Ser.C/81-1, G.A. (Ser.C), dt.
21-4-81 it was clarified that public interest should be the guiding factor in
deciding the question of placing a Government servant under suspension. It was
also clarified that as and when criminal charges are framed by a competent
court against a Government servant, the disciplinary authority should consider
and decide the desirability of placing such a Government servant under
suspension if he is not already under suspension.
5. In Memo.No. 2213/Ser.C/66-8, G.A. (Ser.C),
dt. 30-11- 66 instructions were issued that in order to ensure that suspension
is not resorted to for simple reasons the Government have decided that where
the reinstating authority held that the suspension of the employees was wholly
unjustified and it made an order that for the period of suspension, the
employee concerned be paid full pay and allowances, proceedings should be
initiated under rule 19 of Andhra Pradesh Civil Services (Classification,
Control and Appeal) Rules against the officer who suspended the employee and
the question of recovery from the pay of such officer the whole or part of the
pecuniary loss caused to the Government due to payment of pay and allowances
under F.R.54 should be considered.
6. According to Memo.No. 1993/Ser.C/65-4, G.A.
(Ser.C), dt. 28-12-65 where the work and conduct of an employee who is
appointed temporarily are not satisfactory he need not be placed under
suspension pending enquiry as it involves financial loss to Government nor should
disciplinary action be taken against him but he should be discharged in terms
of his appointment, by an innocuous order so as to avoid complications.
7. In Memo.No. 1733/Ser.C/67-2, G.A. (Ser.C),
dt. 3-8-67 instructions were issued that 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.
8. As per the instructions issued in the
Memo.No.904/ Ser.C/67-1, 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 is not continued 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
the further continuance of the Government employee involves unduehardship, necessary
relief maybe granted, either by revoking the order of suspension and restoring
him to duty or allowing him to proceed on leave.
9. It was laid down in the Memo.No.
904/Ser.C/67-1, dated 29-5-1967 that 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”.
10. According to the
instructions issued in Memo.No.365/ Ser.C/79-1, G.A.(Ser.C) Department dated
11-6-1970 the case 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 enquiry before the T.D.P. or a departmental
authority or pending trial before the court of Special Judge for Special Police
Establishment and Anti-Corruption Bureau cases or pending with the 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 A.C.B. 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 judgment of the
Special Judge for the Special Police Establishment and Anti-Corruption Bureau
cases.
11. In Memo.No. 1640/81-1, G.A. (Ser.C), dt.
2-1-82 instructions were issued, that in all cases of alleged malpractices
relating to Leave Travel Concession suspension need not be resorted but
disciplinary action may however, be initiated and that depending upon the
outcome of the disciplinary action necessary further action may be taken either
to recover the amount fraudulently drawn or/and award suitable punishment as
per Classification, Control and Appeal Rules.