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Wednesday, December 27, 2017

9th Part of C.C.A. Rules

19. Payment of honorarium to the retired Government Servants appointed as Inquiry Officer – Orders – Issued.
(G.O. Ms. No. 229, G.A. (Ser. C) Department , dated 12-08-2004)
Order: – It was brought to notice of the Government that as per Office Memorandum No. 134/4/99/AVD I, dated 29-06-2001 issued by the Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions, Government of India, contains the rates of honorarium payable to retired Government officer. There is a need to rationalize the procedure for identification and selection of retired officers of proven integrity. The Heads of Departments may have to be authorized to handle this function and the disciplinary authorities at the Regional Level and at the District level, should be made to pick up such of the officers who have empanelled by the Heads of Departments concerned.
2. Rule 20 of Andhra Pradesh Civil Services (CCA) Rules, 1991 has been amended in G.O.Ms. No. 383 G.A.(Ser.C) Department , dated 19-12-2003 and a provision has been made for the appointment of retired Government servants as Inquiry Officer.
3. The payment of honorarium to the retired Government servants appointed as an Inquiry officers has been examined in detail and proposed for providing lump sum remuneration of Rs. 5,000/- for every Inquiry report with an additional amount of Rs. 1,000/- for every additional charged officer where more than one charged officer is involved.
4. After careful consideration, it has been decided for appointment of retired Government officers as Inquiry Officer at the level of Deputy Collectors etc. to enquire into cases mainly of serious in nature in respect of Gazetted and non-gazetted officers, duly providing lump sum remuneration of Rs.5,000/- for every Inquiry report with an additional amount of Rs. 1000/- for every additional charged officer where more than one charged officer is involved.
5. The grant of honorarium and lumpsum remuneration to retired Government Servants appointed as Inquiry Officers as Officers as mentioned in para (4) above will be subject to the following conditions : –
(i) The competent authority should exercise its utmost care in the matter of grant of honorarium and may do so only in absolutely deserving cases. The honorarium in such cases may normally be regulated under the financial powers delegated to the Departments and taking into account the quantum of work involved in individual disciplinary cases.
(ii) The number of disciplinary cases may be restricted to 20 cases with not more than 4 cases at a time, for retired Government servants.
(iii) The full amount of honorarium should be paid only when the inquiry is completed within a period of six months. If there is a delay in completion of the inquiry which is not due to non-cooperation of the charged officer or due to stay orders, etc., the honorarium should be reduced by 50 %.
(iv) Before the honorarium payment is made to Inquiry Officer all case records and inquiry report may be handed over to the Disciplinary Authority by the Inquiry Officer.
16. Disciplinary Cases – Violation of Andhra Pradesh Civil Services (Conduct) Rules – Initiation of disciplinary action as per Andhra Pradesh Civil Services (CCA) Rules – Orders – Issued.
(G.O. Ms. No. 680, G.A. (Ser-C) Department , dated 1-11-2008)
Order: – All Government Employees are governed by the provisions of Andhra Pradesh Civil Services (Conduct) Rules, 1964. Any violation of the said rules amounts to misconduct and for such misconduct disciplinary action shall be initiated as per the procedure laid down in Andhra Pradesh Civil Services (CCA) Rules, 1991.
2. According to Rule 3 (1) of A.P.Civil Services (Conduct) Rules 1964, ‘every Government employee shall be devoted to his duty and shall maintain absolute integrity, discipline, impartiality and a sense of propriety’.
3. It is noticed that while initiating the disciplinary action against any erring employee the above rule position is not strictly adhered to. The charges against any erring employee shall be framed by the Competent Authority duly indicating the specific misconduct. Such articles of charge should not be vague and general in nature i.e., the words like slack supervision, irregular way of processing the issues etc., The Courts of Law are taking a view that there is no clear application of mind by the Competent Authority while initiating the disciplinary action against erring employee. The Division Bench of the A.P.High Court in K. David Wilson Vs. Secretary to Government, Law Department, (2001 (5) ALT 65) held that “the charged official ought to be informed of the charges leveled against him as also the grounds upon which they are based. Charge of misconduct should not be vague. The charge-sheet must be specific and must set out all the necessary particulars and details irrespective of the fact whether the delinquent knows it or not, he must be told about the charges and it was not his duty to connect the charge sheet with his alleged understanding or knowledge of the charge. However, it is true that the charge need not be framed with the precision of a charge in criminal proceedings. But, at the same time, it must not be vague or so general as to make it impossible of being traversed. Therefore, the test is whether the charge conveys to the delinquent employee, the exact nature of the alleged misconduct in a way that would enable him to meet the charge effectively. It is well established that if a vague charge is given to a delinquent, it is a fatal defect, which vitiates the entire proceedings. It is also relevant to notice that the vagueness in the charge is not excused on the plea that the employee concerned should be deemed to have known the facts correctly. It should not be left to the delinquent official to find out or imagine what the charges against him are and it is for the employer to frame specific charges with full particulars.”
4. Thus, there is need to keep in mind the provisions contained in the Andhra Pradesh Civil Services (Conduct) Rules 1964, to check the misconduct of the Government employees to ensure that the system of administration functions smoothly.
5. Government direct that wherever connivance, negligence, dereliction of duty of the Government employee is noticed, the Competent Authority shall take prompt action for such misconduct in accordance with the procedure laid down in the Andhra Pradesh Civil Services (CCA) Rules, 1991.
6. It is the earnest endeavour of the Government to ensure clean and efficient administration at all levels.
7. All Departments of Secretariat, all Heads of Departments and all District Collectors are requested to take prompt necessary action as per the above order.
(2) The disciplinary authority shall forward or cause to be forwarded a copy of the report of the inquiry, if any, held by the disciplinary authority or where the disciplinary authority is not the inquiring authority a copy of the report of the inquiring authority together with its own tentative reasons for disagreement, if any, with the findings of inquiring authority on any article of charge to the Government servant who shall be required to submit, if he so desires, his written representation of submission to the disciplinary authority within fifteen days, irrespective of whether the report is favorable or not to the Government servant.
(3) The disciplinary authority shall consider the representation, if any, submitted by the Government servant and record its findings before proceeding further in the matter as specified in the sub-rules (4) and (5) below.
(4) If the disciplinary authority having regard to its findings on all or any of the articles of charge is of the opinion that any of the penalties specified in clauses (i) to (v) of Rule 9 should be imposed on the Government servant, it shall, notwithstanding anything contained in Rule 22, make an order imposing such penalty:
Provided that in every case where it is necessary to consult the Commission, the record of the inquiry shall be forwarded by the disciplinary authority to the Commission for its advice and such advice shall be taken into consideration before making any order imposing any penalty on the Government servant.
(5) If the disciplinary authority having regard to its findings on all or any of the articles of charge and on the basis of the evidence adduced during the inquiry is of the opinion that any of the penalties specified in clauses (vi) to (x) of Rule 9 should be imposed on the Government servant, it shall make an order imposing such penalty and it shall not be necessary to give the Government servant any opportunity of making representation on the penalty proposed to be imposed:
Provided that in every case where it is necessary to consult the Commission, the record of the inquiry shall be forwarded by the disciplinary authority to the Commission for its advice and such advice shall be taken into consideration before making an order imposing any such penalty on the Government servant.]
[22. Procedure for imposing minor penalties]: – (1) Subject to the provisions of [sub-rule (4)] of Rule 21, an order imposing on a Government Servant any of the penalties specified in clauses (i) to (v) of Rule 9 and in Rule 10 shall be made except after :
(a) informing the Government Servant in writing of the proposal to take action against him and of the imputations of misconduct or misbehaviour on which it is proposed to be taken, and giving him a reasonable opportunity of making such representation as he may wish to make against the proposal;
(b) holding an inquiry in the manner laid down in sub-rules [(3) to (18)] of Rule 20, in every case in which the disciplinary authority is of the opinion that such inquiry is necessary;
(c) taking the representation, if any, submitted by the Government Servant under clause (a) and the record of inquiry, if any, held under clause (b) into consideration;
(d) recording a finding on each imputation of misconduct or misbehaviour; and
(e) consulting the Commission where such consultation is necessary.
(2) Notwithstanding anything contained in clause (b) of sub-rule (1), if in a case it is proposed, after considering representation, if any, made by the Government under clause (a) of that sub-rule, to withhold increments of pay and such withholding of increments is likely to affect adversely the amount of pension payable to the Government servant or to withhold increments of pay for a period exceeding three years [x x x], an inquiry shall be held in the manner laid down in sub-rules [(3) to (18)] of Rule 20, before making any order imposing on the Government servant any such penalty.
(3) The record of the proceedings in such cases shall include :
(i) a copy of the intimation to the Government servant of the proposal to take action against him;
(ii) a copy of the statement of imputations of misconduct or misbehaviour delivered to him;
(iii) his representation, if any;
(iv) the evidence produced during the inquiry, if any;
(v) the advice of the Commission, if any;
(vi) the findings on each imputation of misconduct or misbehaviour; and
(vii) the orders on the case together with the reasons therefor.
Executive Instruction
Stoppage of increments with cumulative effect – Following the procedure under Rule 22(2), treating it as Major Penalty.
(G.O.Ms.No. 335, G.A.D. dated 14-6-1993)
Ref: – G.O.Ms.No. 487, G.A.D. (Ser. C). Department , dated 14-9-1992.
Order: – In ‘Kulwant Singh Gill vs. State of Punjab’ (1990 (3) (SLJ-135) the Supreme Court held, “withholding of increments” of pay simpliciter without any hedge over it certainly comes within the meaning of Rule 5 (iv) of the Rules (corresponding to sub-clause (iv) of Rule 9 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991. But when penalty was imposed withholding two increments i.e., for two years with cumulative effect it would indisputably mean that the two increments earned by the employee was as cut off measure of penalty forever in his upward march of earning higher scale of pay. In other words the clock is put back to lower stage in this time scale of pay and on expiry of two years the clock starts working that stage afresh. The insidious effect of the impugned order by necessary implication, is that the appellant employee is reduced in his time-scale by two places and it is imperpetutity during the rest of tenure of his service with a direction that two years increments would not be counted in his time-scale of pay as a measure of penalty. Considering from this angle we have no hesitation to hold that the impugned order would come with the meaning of Rule 5(v) of the said rules; (corresponding to sub-clause (iv) of Rule 9 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991; it is major penalty and imposition of the impugned penalty without enquiry is per se illegal”.
2. The Andhra Pradesh Administrative Tribunal in O.A. No. 8527/1991, dated 4-6-1991, while relying on the above judgement, of the Supreme Court, has set-aside the orders issued by the Government in G.O.Rt.No. 73, HM & FW Department , dated 11-1-1990 on the ground that Rule 9(1)(iii) of the Andhra Pradesh Civil Services (CCA) Rules, 1963 does not empower the disciplinary authority to impose penalty of withholding increments of pay with cumulative effect except after holding an inquiry and following the prescribed procedure and considered that the said order issued by the Government is without jurisdiction or authority of Law.
3. The A. P. Civil Services (CCA) Rules, 1991, have been issued through G.O.Ms.No. 487, dated 14-9-1992. The said rules came into force with effect from 1-10-1992. Rule 22 of the said Rules deals with the procedure for imposition of Minor penalties. Among others, according to sub-rule (2) of Rule 22, notwithstanding anything contained in Clause (b), sub-rule (1), if in a case it is proposed, after considering representation, if any made by the Government servant under clause (a) of that sub-rule, to withhold increments of pay and such withholding of increments is likely to affect adversely the amount of pension payable to the Government servant or to withhold increments of pay for a period exceeding three years or to withhold increments of pay with cumulative effect for any period, an inquiry shall be held in the manner laid down in sub-rules (3) to (23) of Rule 20, before making any order imposing on the Government servant any such penalty.
In other words, for imposing the penalty of withholding of increments of pay with cumulative effect for any period, the elaborate procedure prescribed under Rule 20 of the said Rules, for imposition of a major penalty, have to be followed. The penalty of stoppage of increments with cumulative effect, therefore amounts to a major penalty under the APCS (CCA) Rules, 1991, and the procedure for imposition of major penalty prescribed in these rules will have to be followed.
4. All the Departments of Secretariat and Heads of Departments are requested to keep in view the above rule position while dealing with cases where it is proposed to impose the punishment of stoppage of increments, keeping in view the provisions of sub-rule (2) of Rule 22 of Andhra Pradesh Civil Services (CC&A) Rules, 1991.
23. Communication of orders: – Orders made by the disciplinary authority shall be communicated to the Government servant who shall also be supplied with a copy of the report of the inquiry, if any, held by the disciplinary authority and a copy of its findings on each article of charge, or, where the disciplinary authority is not the inquiring authority, a copy of the report of the inquiring authority and a statement of the findings of the disciplinary authority together with brief reasons for its disagreement, if any, with the findings of the inquiring authority (unless they have already been supplied to him) and also a copy of the advice, if any, given by the Commission and, where the disciplinary authority has not accepted the advice of the Commission, a brief statement of the reasons for such non-acceptance.
Provided that if the authorities competent to impose the penalty of dismissal on such Government servants are different, such authorities not being the Government, an order for holding such inquiry in a common proceeding may be made by the highest of such authorities with the consent of the other authorities competent to impose the said penalty on the others.
(2) Subject to the other provisions of these rules, every such order shall specify
(i) the authority which may function as the disciplinary authority for the purpose of such common proceedings ;
(ii) the penalties specified in Rule 9 and Rule 10 which such disciplinary authority shall be competent to impose ;

(iii) whether the procedure laid down in Rule 20 and Rule 21 or Rule 22 shall be followed in the proceedings.]
Executive Instructions
1. Joint Enquiry – Instructions – Issued
[U.O. Note No. 732/Ser. C/90-2, G.A.D., dated 18-12-1990]
Order: – It has been brought to the notice of the Government that when employees of different departments were involved in disciplinary cases for certain lapses which were common to all of them it is possible that one of the departments may inflict a punishment on the delinquent officers, while the other Departments may let off the officers involved with a warning by taking a lenient view.
2. In this context, the feasibility or otherwise to prescribe a yardstick/guidelines in awarding penalties uniformly on all the persons involved in a joint enquiry, has been examined.
3. According to clause (a) of sub-rule (5) of Rule 19 of the A.P. Civil Services (Classification, Control and Appeal) Rules, 1963 where two or more members of the same service or different services are concerned in any case, the Government or any other authority competent to impose the penalty of dismissal from service on all such members may make an order directing that disciplinary action against all of them may be taken in a common proceeding. If the authorities competent to impose the penalty of dismissal on such members are different, such authorities not being the Government order for holding such enquiry in common proceeding may be made by the highest of such authorities with the consent of the other authorities competent to impose the said penalty on others.
4. In view of the above rule, it is for the highest authority that orders joint enquiry to see that the penalty imposed is proportionate to the seriousness of the charges held proved, keeping in view their degree of culpability/seriousness of lapses held proved while imposing the penalty in such cases.
5. When two or more persons are involved in one case, the magnitude of involvement of all the delinquent officers may not be the same and the degree of culpability may also vary from person to person. As such it may not be possible to impose the same penalty uniformly on all the charged officers, irrespective of the degree of their involvement. If the same penalty is imposed on all such delinquent Officers involved on in a case, ignoring their degree of culpability and magnitude of involvement, such action is liable to be questioned. As such, it is considered that it may not be legally valid to prescribe any guidelines or yard sticks for imposing penalty in such cases. In view of the above, the competent authority who orders such a joint enquiry should ensure that the members of service involved in disciplinary cases are imposed the penalties keeping in view their degree of culpability/seriousness of lapses/charges held proved.
6. In view of the above position and also sub-rule (5) of Rule 19 of the A.P. Civil Services (CC&A) Rules, 1963 the Disciplinary Authority should take a comprehensive view by taking into account the totality of the circumstances and the extent of involvement of such of the delinquent officers while inflicting the punishment.
2. Joint Enquiries in Disciplinary cases
[Memo.No. 510/Ser.-C/93-2, General Administrator (Ser.-C) Department , dated 18-11-1993]
Ref: – 1. U.O.Note No. 732/Ser.C/90-2, G.A. (Ser.C) Department , dated 18-12-1990.
2. G.O.Ms.No. 487, G.A. (Ser.C) Department , dated 14-9-1992.
Order: – In the U.O. Note 1st cited, instructions were issued under Clause (a) of sub-rule (5) of Rule 19 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1963 for holding inquiry in a common proceedings, when two or more persons are involved in one case and when employees of different Departments are involved in disciplinary cases for certain lapses which were common to all of them. The Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1963 are repealed by the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 which came into force with effect from 1-10-1992 necessitating the reissue of the said instructions under the new CCA Rules.
2. According to sub-rule (1) of Rule 24 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991, where two or more Government servants of the same service or different service concerned are involved in any case, the Government or any other authority competent to impose the penalty of dismissal from service on all such Government Servants may make an order directing that disciplinary action against all of them may be taken in a common proceeding. Provided that if the authorities competent to impose the penalty of dismissal on such Government Servants are different, such authorities not being the Government, an order for holding such inquiry in a common proceeding may be made by the highest of such authorities with the consent of the other authorities competent to impose the said penalty on the others.
3. In view of the above rule, the following instructions are issued :
(i) When two or more Government Servants of the same service or different service concerned are involved in one case, the highest authority competent to impose the penalty of dismissal from service on all such Government servants may make an order for holding regular inquiry against them in a common proceedings, with the consent of the other disciplinary authorities/authority.
(ii) Having regard to the findings in the inquiry report in the common proceedings, it is for the disciplinary authority concerned to issue final orders inflicting the punishment duly following the procedure.
4. When two or more persons are involved in one case, the magnitude of involvement of all the delinquent officers may not be the same and the degree of culpability may also vary from person to person. As such it may not be possible to impose the same penalty uniformly on all the charged officers, irrespective of the degree of their involvement. As such it may not be legally valid to prescribe any guidelines or yardsticks for imposing penalty in such cases. Therefore, the competent authority who orders such a joint inquiry should ensure that the members of service involved in disciplinary cases are imposed the penalties keeping in view their degree of culpability/seriousness of lapse/charges held proved.
5. All the Departments of Secretariat and all Heads of Departments are requested to keep the above in view and also bring the same to the notice of all concerned for the guidance, while dealing with such cases.
3. Common proceedings – Further instructions issued.
[Memo. No. 59391/Ser.C/2000-2, G.A.D. (Ser. C), dated 11-01-2001]
Ref :- 1. Government Memo. No. 510/Ser. C/93-2.G.A. (Ser. C) Department , dated 18-11-1993.
2. G.O. Ms. No. 82, G.A. (Ser. C) Department , dated 01-03-1996.
3. From the Vigilance Commissioner, A.P. Vigilance Commission,
Lr. No. 524NC. A2/2000-1, dated: 06-12-2000.
Order: – According to sub-rule (1) of Rule 24 of the Andhra Pradesh Civil Services (Classification, Control & Appeal) Rules, 1991 where two or more Government Servants of the same service or different services are involved in any case, disciplinary action against all of them may be taken in a common proceedings.
2. In the reference first cited, guidelines were issued regarding imposition of penalties.
3. It is noticed that the above rule and the instructions are not being properly complied with and the Departments concerned are ordering the inquiries separately for each category of Officer, even though the irregularities are committed jointly in a particular case or event. Further different disciplinary proceedings without the consent of the other authorities, which is contrary to the provisions of Rule 24 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 and therefore uniformity is lost. This has resulted in discrimination.
4. The Government reiterates that when two or more Officers are involved in a disciplinary case, it shall be invariably necessary to order common disciplinary proceedings as per Rule 24 of the Andhra Pradesh Civil Services (Classification, Control & Appeal) Rules, 1991 irrespective of whether they belong to the same service or different services or Departments if their services are covered under Andhra Pradesh Civil Services (Classification, Control & Appeal) Rules 1991. The Departments should first consider the entrustment of such disciplinary cases to the Tribunal for Disciplinary Proceedings or the Commissioner of Inquiries, having regard to the Class and Category of Officer or nature of the issue involved. On the findings of inquiry, the Disciplinary Authority designated as per Rule 24 of the Andhra Pradesh Civil Services (Classification, Control & Appeal) Rules, 1991 shall take a decision on the penalty to be imposed or otherwise to conclude disciplinary proceedings.
5. The Departments of Secretariat, Heads of Departments and all District Collectors are requested to follow the above rule and instructions scrupulously.
4. Inquires – Conduct of common enquiry into the charges against more than one charged Officer in common Proceedings – Instructions – Regarding.
(Memo. No. 91715/Ser.C/2003, G.A. (Ser-C) Department , dated 25-08-2003)
Ref :– U.O.Note No.439/COLR/2002-1, G.A. (COLR) Department ., dated 05-07-2003.
Order: – It has been brought to the notice of the Government that several deficiencies were noticed during the course of conduct of inquiries into the charges against more than one officer in a common proceedings. Though the Rule 24 of APCS (CCA) Rules, 1991, provide for ordering a common inquiry into charges against more than one charged officer of the same or of different services, the disciplinary authorities are not mentioning the above rule position or even the expression Common Inquiry/Common Proceedings in the order of appointment of Inquiry Authority while ordering inquiry. The proper course of action to be taken under each contingency is indicated as shown below:

Contingency
Action To Be Taken
(i)
Among all the Charged Officers there may not be a Uniform line
of defence and each one will try to implicate other Charged
Officer to save his own skin.		In a such a case the other Charged Officers if they so desire
may be allowed to have a copy of the written defence statement(s)
or Written brief (s) submitted by the other Charged Officer for
the purpose of rebutting such of the incriminating statement made
by the Charged Officer.
(ii)
During the course of cross-examination of prosecution witness,
one charged officer may elicit certain information,which is going
against the interest of the other Charged Officer.		A fair chance will have to be given to the other Charged
Officer to cross-examine the witness on that matter.
(iii)
During the course of inquiry defence witnesses cited by one
Charged Officer may state something incriminatory against any
other Charged Officer.		In such a case the other Charged Officers will have the right
to cross-examine the Defence witness cited by the first Charged
Officer.
(iv)
When one Charged Officer while examining himself as his own
witness deposes something incriminating against any other/all
other Charged Officer.		In such a case the other charged Officer/their defence
Assistants will have a chance to cross-examine that Charged
Officer who is examining himself as his own witness.
(v)
When one of the Charged Officer is cited as defence witness by
the other Charged Officer, whether he shall be allowed to examine
the Charged Officer as his witness ?		In such a case the Charged Officer who is cited as defence
witness by the other charged officer, it is voluntary charged
officer, it is voluntary for him to give evidence, but he cannot
be compelled to give evidence against his wishes.
(vi)
When in a common proceeding, on the directions of a Court of
Law if the inquiry against anyone or few of the Charged Officers
is separated and asked to complete it before the other Charged
Officer, particularly when the other Charged Officer go stay
order on the proceedings.		In such a case action on the inquiry report in respect of
those Charged Officers may be taken along with other Charged
Officers. Other-wise, there is a possibility that the Charged
Officers in whose case inquiry is not completed may seek a relief
under the guise of outcome the inquiry report in respect of first
Charged Officer.

All the Departments of Secretariat, Heads of Departments and District Collectors are requested to follow the above suggestions. They may bring these instructions to the notice of all concerned disciplinary authorities for their guidance and compliance.
25. Special procedure in certain cases: – Notwithstanding anything contained in Rule 20 to Rule 24-
(i) where penalty is imposed on a Government servant on the ground of conduct which has led to his conviction on a criminal charge, or
(ii) here the disciplinary authority is satisfied for reasons to be recorded by it in writing that it is not reasonably practicable to hold an inquiry in the manner provided in these rules, or
(iii) where the Governor is satisfied that in the interest of the security of the State, it is not expedient to hold any inquiry in the manner provided in these Rules,
the disciplinary authority may consider the circumstances of the case and make such orders thereon as it deems fit :
Provided that the Commission shall be consulted, where such consultation is necessary, before any orders are made in any case under this rule.
Executive Instructions
1. Departmental action and Prosecution in a Criminal Court – Question whether orders of penalty should be reviewed consequent on acquittal in a Criminal Court – Clarification – Issued.
(Memorandum No. 2598/65-2, (Service-C), dated 25-9-1965)
Order: – A question has been raised whether an order passed imposing any major penalty on a Government employee after following the procedure prescribed in Rule 19(2) of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1963, need be reviewed consequent on his acquittal in a Criminal Court, if he was prosecuted in addition to the departmental action taken against him. It is clarified that in a case where Government employee is removed or dismissed or reduced in rank after complying with the requirements of Article 311(2) of the Constitution of India or of provisions of Rule 19(2) of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, then the order of removal, dismissal or reduction in rank, is not affected by his acquittal in a Criminal Court, if he is prosecuted in addition to the departmental action taken against him. If however, a Government employee is removed or dismissed or reduced in rank, solely on the ground of conduct which held to his conviction on a criminal charge, without complying with the requirements of the aforesaid article or rule and if his conviction is eventually set aside by the Appellate Court, or by the High Court, in revision, then the order of removal, dismissal or reduction in rank as the case may be, cannot stand and that order will have to be reviewed.
2. Sanction of prosecution against Government Servants involved in corruption charges – Regarding.
(U.O. Note No. 2498/SCD/75-4. General Administrator (SCD) Department , dated 25-11-1975)
Order: – The committee of the Secretaries to the Government in its meeting held on 2-9-1975 observed that prosecution in trap cases was being sanctioned in time. The delay, it was pointed out, had been occurring on account of Government referring the mater to the Heads of Departments. A point was therefore made whether prosecutions could not straight away be sanctioned by the Government themselves. Clause (1) of Article 311 of the Constitution of India prohibits the removal or dismissal of a Government servant by an authority subordinate to that by which he was appointed and, under Rule 12 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, the Government may impose the penalty of removal and dismissal specified in clauses (vii) and (viii) of Rule 8 of the said rules, on members of the State Services. Rule 15(b) of the said rule also provides that the authority which may impose on a member of the Subordinate Service the penalties of removal and dismissal from service shall be the appointing authority or any higher authority.
It is, therefore, competent for the State Government to remove or dismiss any member of a State Service or Subordinate Service. Thus sanction for prosecution required under Section 6(1)(b) of the Prevention of Corruption Act, 1947, may be accorded by the State Government in the case of any member of a service, State or Subordinate even though in the case of certain Government servants the authority to accord sanction under the said Act may be the authority subordinate to Government. In the circumstances, the Departments of Secretariat are informed that in future in cases where the reports of the Anti-Corruption Bureau together with the advice of the Vigilance Commission for criminal prosecution of Government servants are received by them, they may themselves issue sanction order for prosecution instead of sending the case to the concerned subordinate authorities.
Similarly in the cases of employees of Zilla Parishads, Panchayat Samithis and Municipalities, sanction for prosecution under the Prevention of Corruption Act, 1947, may be accorded by the Government in respect of public servant who cannot be removed or dismissed except by or with the sanction of the Government. But in the case of those employees who may be removed or dismissed from service only by an authority other than the Government, it is only that authority that can accord sanction for prosecution under the said Act. Therefore the Departments of Secretariat may take action in such cases.
3. Government Servants involved in criminal misconduct – Departmental Proceedings and prosecution – Further instructions issued.
(Memo. No. 4845/59-2, Genf. Administrator (Ser.-A) Department , dated 13-2-1960)
Ref: – 1. G.O.Ms.No. 910, Home (Ser-A), dated 11-4-1956.
2. G.O.Ms.No. 1730, G.A. (Ser-A), dated 7-11-1958.
Order: – According to the G.O. first cited, as soon as sufficient evidence is available in cases of misconduct by Government servant, whether such investigation is conducted departmentally or through the Police (including the Special Police Establishment), action should be taken under the Civil Services (C.C.&A.) Rules or other appropriate rules, and disciplinary proceedings should be initiated forthwith. Such departmental proceedings need not interfere with the police investigation, which may be continued where necessary. After the departmental proceedings are concluded and the penalty, if any, imposed as a result thereof, the question of prosecution should be considered in the light of such material as may have become available as a result of the investigation.
According to the G.O. second cited, where the police of their own accord have taken cognizance of an offence and initiated criminal prosecution in a Court of law, the departmental proceedings if any undertaken, should be kept in abeyance till the case is disposed of by the Court.
The Inspector-General of Police, in his letter third cited, has stated that in cases of misappropriation or embezzlement by Government servants, different departments of Government are often reporting the matter to the police, upon which a case is registered and investigation is taken up by the police. Subsequently the reporting department requests the police repeatedly to defer laying charge sheet in the cases as the departmental proceedings against the delinquent Government servant are not completed. He has, therefore, requested Government to issue instructions whether laying charge sheet could be differed in such cases. When a Government servant is being tried in a Criminal Court in respect of certain allegations of misconduct which amount to a criminal offence, no parallel enquiry can be held by a departmental authority in respect of the same allegations. To hold such a parallel enquiry amounts to contempt of Court. There is no legal objection, however to a departmental enquiry being conducted while the police are making an investigation; but when once a Criminal Court has taken cognizance of a criminal case, the departmental authority should stop all further proceedings. As Section 173 Cr.P.C. requires the officer in charge of a police station to lay a charge sheet as soon as the investigation is completed, the laying of a charge sheet cannot be deferred to suit the convenience of the departmental authority in completing the proceedings before him. To avoid such situations, the departments concerned should decide first whether departmental proceedings should be taken in the first instance leaving the question of criminal prosecution to be considered after the termination of the departmental proceedings or whether the matter should be straight away referred to the police for investigation and prosecution in a court of law. In case they decide upon the latter course of – action, they cannot ask the police to defer the laying of the charge sheet until after the completion of the departmental proceedings. The competent authorities are directed to take action accordingly.
4. Appointment of Ex-Convicts – Instructions.
[Memo No. 4375/55-8, Administrator (Ser-A) Department , dated 21-5-1967]
Order: – It has been represented to the Government that the cases of appointment of ex-convicts to posts to which they are eligible to be appointed, should be considered favourably provided their present conduct is certified to be good by the welfare officers.
2. According to General Rule 12(b)(ii) of Part II of the State and Sub ordinate Services, no person shall be eligible for appointment to any service by direct recruitment unless he satisfied the Commission. Cases where appointment has to be made in consultation with it or the appointing authorities in other cases, that his character and antecedents are such as to qualify him for such service. The Government therefore, consider that persons convicted for offences involving moral turpitude should be deemed to be of bad characters under General Rule I 2(b)(ii) and should be ineligible for entry into Government service. But in the case of persons convicted for other offences (i.e.), offences not involving moral turpitude like driving a vehicle or possessing arms without renewing the licence when the period of licence has expired, causing disturbance to the neighbour by playing instruments during the dead hour of the night, for failure to submit income tax returns etc., there is no need to impose such a bar for entry into Government service and each case may, however, be decided on merits.
5. Appointment of Ex-Convicts and Disciplinary action on grounds of conduct which led to Employees’ conviction on a criminal charge – Clarification – Reg.
[Memo. No. 2253/Ser-A/79-2, Gent Administrator (Ser-A) Department , dated 17-12-1979]
Ref: – Memo. No. 4375/Ser-AJ56-8. G.A. (Ser-A), dated 31-5-1957.
Order: – In the Memo. cited, the Government referred to General Rule 12(b)(ii) of Part II of the State and Subordinate Services, which provides that no person shall be appointed to any service by direct recruitment, unless he satisfies the Andhra Pradesh Public Service Commission or the appointing authority that his character and antecedents are such as to qualify him for such service and clarified that persons convicted of offences involving moral turpitude should be deemed to be of bad-character and that they should, under the said rule, be ineligible for entry into Government service but in the case of persons convicted for other offences not involving ‘moral turpitude’ like driving a vehicle or possessing arms without renewing the licence when the period of licence has expired, causing disturbance to the neighbours by playing instruments or failure to submit Income Tax returns etc., there is no need to impose such a bar for entry into Government Service and each case may, however, be decided on merits.
Sub-rule (3) of Rule 19 of the Civil Services (Classification, Control and Appeal) Rules provides that the provisions relating to the procedure to be followed before inflicting a penalty shall not apply where it is proposed to impose on a member of a service any of the penalties on grounds of conduct which led to his conviction on a criminal charge.
2. In the above context, a question has arisen as to determination of ‘moral turpitude’ involved in a case of conviction on a criminal charge. The term ‘moral turpitude’ has not been defined in the Service Rules. In Ramanatha Ayyar Law Lexicon it is noted that it is not ‘moral turpitude’, when no wrong is contemplated, but is unintentionally committed through error of judgment. According to Webster’s dictionary ‘moral turpitude’, means a quality of crime involving grave infringement of the moral sentiments of the community.
3. In Mangilal vs. Chekkilal, (AIR 1963, Allahabad 527 at page 528) the Court considered the scope of the expression ‘moral turpitude‘ at length, as below :
“From consideration of the dictionary meaning of the words ‘moral’ and ‘turpitude’ as well as the real ratio decidendi of the cases, the principle which emerges, appears to be that the question whether a certain offence involves moral turpitude or not will necessarily depend on the circumstances in which offence was committed. It is not every punishable act that can be considered to be an offence involving moral turpitude . Had that been so, the qualification involving ‘moral turpitude’ would not have been used by the legislature and would have disqualified every person who had been convicted of any offence.
The tests which should ordinarily be applied for judging whether a certain offence does or does not involve moral turpitude appear to be (1) whether the act leading to a conviction was such a could shock the moral conscience of the society in general, (2) whether the motive which led to the act was a base one, and (3) whether on account of the act having been committed the perpetrator could be considered to be a depraved character or a person who was to be looked down by the society.
No absolute standard can be laid down for deciding whether a particular act is to be considered as one involving moral turpitude but the above are the general tests which should be applied and which should in most cases be a correct conclusion on the question”.
4. The Heads of Departments are requested to keep in mind the above guidelines while dealing with cases of persons for entry into Government service and in dealing with the cases of Government employees convicted on any criminal charge under the Civil Services (Classification, Control and Appeal) Rules.
6. Action to be taken in cases where Government servants are convicted on a criminal charge – Instructions of the Government of India – Adopted.
[Memo. No. l69/Ser.C, 77-8, Administrator , (Ser-C) Department , dated 10-2-1978]
Ref: – Lr. No. 11018/7/75-1-AS(III), dated 8-3-1976 from the Government of India, Cabinet Secretariat Department of P&AR, New Delhi.
Order: – Sub-rule (3) of Rule 19 of the Andhra Pradesh Civil Services (CCA) Rules, 1963, provides that the provisions of sub-rules (1) and (2) shall not apply where it is proposed to impose on a member of a service any of the penalties mentioned in Rule 8 or Rule 9 on the ground of conduct which has led to his conviction on a criminal charge. Instructions were issued in Memo. No 2598/65-2, General Administration (Services-C) Department, dated 25-9-1965, that if a Government employee is removed or dismissed or reduced in rank after complying with the requirements of Article 3 1 1(2) of the Constitution of India or of the provisions of Rule 19(2) of the Andhra Pradesh Civil Services (CCA) Rules, then the order of removal, dismissal or reduction in rank is not affected by his acquittal in a Criminal Court, if he is prosecuted in addition to the departmental action that has been taken against him. If however, a Government employee is removed or dismissed, reduced in rank, solely on the ground of conduct which led to his conviction or criminal charge, without complying with the requirements of the aforesaid article or rule and if his conviction is eventually set aside by the Appellate Court, or by the High Court, in revision, then, the order of removal, dismissal or reduction in rank as the case may be, cannot stand, and that order will have to be reviewed. According to Rule 13(4) of the Andhra Pradesh Civil Services (CCA) Rules, 1963, where a penalty of dismissal, removal or compulsory retirement, from service imposed upon a member of a service is set aside, or declared or rendered void, in consequence of or by a decision of a court of law, and the authority competent to impose the penalty on a consideration of the circumstances of the case, decides immediately thereafter to hold a further inquiry against him on the allegation on which the penalty of dismissal, removal or compulsory retirement was originally imposed, the member of the service shall be deemed to have been placed under suspension by the authority competent to impose suspension from the date of the original order of dismissal, removal or compulsory retirement shall continue to remain under suspension until further orders.
2. The Government of India have issued self-contained instructions regarding action to be taken in cases where Government servants are convicted on a criminal charge or where an appeal/revision in a higher Court succeeds. Keeping them in view, the following instructions are issued :
(1) The disciplinary authority may, if it comes to the conclusion that an order imposing a penalty on a Government servant on the ground of conduct which had led to his conviction on a criminal charge should be issued, pass such an order without waiting for the filing of an appeal, or, if an appeal has been filed, without waiting for the decision in the first court of appeal. Before such an order is passed, the Andhra Pradesh Public Service Commission should be consulted, where-the consultation is necessary.
(2) (a) Where an appeal or revision in a Higher Court i.e., the Court higher than the first Court of appeal, against conviction, succeeds and the Government servant is acquitted, the order imposing a penalty on him on the basis of conviction, which nor longer stands, becomes liable to be set aside. A copy of the judgment of a higher Court should, therefore, be immediately procured and examined with a view to decide.
(i) Where acqittal should be challenged is a still higher court; or
(ii) Whether, despite the acquittal, the facts and the circumstances of the case are such as to call for a departmental action against the Government servant on the basis of the misconduct on which he was previously convicted.
(b) If it is decided to take the matter to a still higher Court under item (i) above, action to institute proper proceedings should be taken with the least possible delay, and the order imposing penalty need not be set aside during the pendency of such proceedings. If, however, it is considered expedient that the Government servant should not be allowed to discharge his duties during the pendency of such proceedings, he may be placed under suspension as soon as he reports to duty after his acquittal by the first Court of appeal.
(c) If, on the other hand, it is decided that departmental action may be taken under item (ii) above, a formal order should be made :
(i) Setting aside the order imposing the penalty on basis of conviction; and
(ii) Ordering such departmental enquiry.
In case where the penalty imposed on the basis of the conviction was dismissal, removal or compulsory retirement from service, the order should also state, that under Rule 13(4) of the Andhra Pradesh Civil Services (CCA) Rules, 1963, the Government servant is deemed to be under suspension with effect from the date of dismissal, removal or compulsory retirement from service.
(3) For appreciating properly the scope and implication of the term on the basis of the misconduct on which he was previously convicted occurring in sub-para (2)(a)(ii) above, the point to be taken note of is, that one identical set of facts and allegations may be sufficient to constitute a criminal offence as well as the misconduct not amounting to criminal offence, but punishable under the Andhra Pradesh Civil Services (CCA) Rules, or similar other rules. If the facts or allegations had come to be examined by a Court of competent jurisdiction and the Court has given a finding that the allegations are not true, then it is not permissible to hold a departmental inquiry in respect of a charge based on the same allegations. If on the other hand, the Court had merely expressed a doubt as to the correctness of the allegations, then there may be no objection to hold a departmental inquiry on the same allegations, if better proof than what was produced before the Court or was then available is forthcoming. Then again, if the Court has held that the allegations are proved but do not constitute the criminal offence with which the Government servant is charged, then also there would be no objection to hold a departmental inquiry on the basis of the said allegations if such proved allegations are considered good and sufficient reasons for taking disciplinary action. So also, it is permissible to hold a departmental inquiry after the acquittal, in respect ‘of charge which is not identical with or similar to the charge in the criminal case, and is not based on any allegations, which have been negatived by the Criminal Court. Further more, where an allegation has not been examined by a Court of law, but it is considered good and sufficient reason for taking disciplinary action, there is no bar to taking such action.
(4) In case, where neither of the courses mentioned in sub-para (2) is followed, a formal order should be issued setting aside the previous order imposing the penalty.
3. The Departments of Secretariat and the Heads of Departments are requested to follow the above instructions while dealing with disciplinary cases against the State Government employees.
7. Payment of Subsistence Allowances – Further Instructions Issued – Regarding.
(Cir. Memo. No. 145/A2/FR.II/2001, dated 07-05-2002)
Ref : – 1. Cir.Memo.No.39071/A2/407/FR.II/99, Fin. (FR.II) Department , dated 28-02-00.
2. From Vigilance Commissioner, Lr.No.171NC,A2/2000-2, dated 26-06-2001.
Order: – In the reference 1st cited instructions were issued for payment of subsistence allowance to the Government servants under suspension whether they are lodged in prison or released on a bail on their conviction pending consideration of his appeal, based on the judgement of Supreme Court of India in case of the State of Maharastra Vs. Chandrabhan, 1983(2) SLR.493.
2. In the reference 2nd cited the Vigilance Commissioner has stated that according to the policy adopted in Government Memo.No.17181Ser.C/75-1, G.A.(Ser.C) Department, dated 22.11.1975, officers convicted in criminal cases should normally be dismissed form service and that it is not necessary either to await outcome of an appeal or the expiry of appeal time where an appeal has been preferred. The Vigilance Commissioner has further mentioned that above policy was reiterated in subsequent U.O.Note No.1418/SC.D/90-2 G.A. Department, dated 05.11.1990 and in U.O. Note No. 1700/SC.D/92-4, dated 09.03.1994. Therefore, the Vigilance Commissioner has suggested to amend the Circular Memo No.39071/471/A2/FR.I1/ 01, of this Department dated 28.02.2000 duly indicating the policy as laid down in the aforesaid above (3) references of G.A. Department and also they say that officers convicted in criminal cases be ordinarily dismissed from service forthwith in terms of the provisions of Article 311(2) of the Constitution of India and Rule 25 of the APCS(CCA) Rules, 1991 and that it is not necessary to await an appeal or expiry of appeal time or the outcome of the appeal where an appeal has been preferred. Even if there is a stay of the sentence in an appeal, it is not necessary to delay the dismissal. Only in the event of both the conviction and sentence being suspended pending appeal before the appellate authority then the question of payment of subsistence allowance arise. Officers acting contrary to this policy should be made liable for recovery of avoidable payment of subsistence allowance in those cases where they ought to have been dismissed.
3. In the circumstances stated above and in supersession of the instructions issued in the reference 1st cited, it is instructed that officers convicted in criminal cases ordinarily be dismissed from service forthwith in terms of the provision of Article 311(2) of the Constitution of India and rule 25 of the APCS(CCA) Rules, 1991 and that it is not necessary to await an appeal or expiry of appeal time or the outcome of the appeal where an appeal has been preferred. Even if there is a stay of the sentence in an appeal, it is not necessary to delay the dismissal. Only in the event of both the conviction and sentence being suspended pending appeal before the appellate authority then the question of payment of subsistence allowance arise. Officers acting contrary to this policy should be made liable for recovery of avoidable payment of subsistence allowance in those cases where they they ought to have been dismissed.
4. All the departments of Secretariat and Head of Departments are requested to follow the above instructions scrupulously.
26. Waiver procedure to certain cases: – (1) All or any of the provisions of Rules 20 to 24 may, in exceptional cases and for special and sufficient reasons to be recorded by the disciplinary authority in writing, be waived where there is a difficulty in observing fully the requirements of these rules and those requirements can be waived without causing any injustice to the Government servant charged.
(2) If, in respect of any Government servant charged, a question arises whether it is reasonably practicable to hold such inquiry or give such opportunity as is referred to in Rules 20 to 24, the decision thereon of the disciplinary authority competent to impose any of the penalties specified in [clauses (vii) to (x)] of rule 9 on the Government servant concerned shall be final.
Provided that the disciplinary authority for the purpose of this rule shall be the authority under Rule 2(c) or as specified under clause (c) of Section 2 of the Andhra Pradesh Lokayukta and Upa-Lokayukta Act, 1983.]
Notwithstanding anything contained in Rule 20 or Rule 22 where it is proposed to impose on Government Servant any of the penalties specified in Rule 9 or Rule 10 on the basis of the inquiry report of the Complaints Committee, the Disciplinary Authority shall take action on the basis of recommendations contained in the inquiry report after furnishing a copy of the report to the Charged Government Servant to make a representation, if any, within a reasonable time fixed and after taking into consideration such representation, and impose any of the penalties specified in Rule 9 or Rule 10.]
28. Rule not to affect provisions relating to Andhra Pradesh Survey and Land Records Subordinate Service: – Nothing in these rules shall affect the rule or regulation of the pay of the members of the Andhra Pradesh Survey and Land Records Subordinate Service in the following categories according to their monthly outrun of work :
Class I
Category 3
Town Surveyor
Panchayat Surveyor
Category 4
Deputy Surveyor
Taluk Surveyor
Category 5
Field Surveyor
CLASS II
Category 7
Junior Computor
Category 8
Junior Draughtsman
29. Rules not to affect provisions in Andhra Pradesh Stationery Manual: – Nothing in these rules shall affect the operation of the instructions contained in the Andhra Pradesh Stationery Manual, Volume I relating to the recovery from the pay of warehousemen, packers in the office of the Director of Stationery of the value of the short receipts reported by the indenting officers.
30. Provisions regarding officers lent to Government of India, etc.: – (1) Where the services of a Government servant are lent by one department to another department or to the Government of India or the Government of another State (hereinafter in this rule referred to as “the borrowing authority”), the borrowing authority shall have the powers of the appointing authority for the purpose of placing such Government servant under suspension and of the disciplinary authority for the purpose of conducting a disciplinary proceeding against him :
Provided that the borrowing authority shall forthwith inform the authority which lent the services of the Government servant (hereinafter in this rule referred to as “lending authority”) of the circumstances leading to the order of suspension of such Government servant or the commencement of the disciplinary proceeding as the case may be.
(2) In the light of the findings in the disciplinary proceeding conducted against the Government servant
[(i) If the borrowing authority is of the opinion that any of the penalties specified in clauses (i) to (v) of Rule 9 or in Rule 10, should be imposed on the Government servant, it may make such orders as it deem necessary.

(ii) If the borrowing authority is of the opinion that the penalty specified in clause (vi) of Rule 9 should be imposed on Government Servant, it may pass such orders as it may deem necessary, duly following the procedure prescribed in Rule 20 :
Provided that the borrowing authority shall inform the lending ..authority which lent the services of the Government servant the circumstances leading to the imposition of the penalty specified in clause (vi) of Rule 9 :
Provided further that if the borrowing authority is of the opinion that any of the penalties specified in clauses (vii) to (x) of Rule 9 should be imposed on such Government servant, it shall replace his services at the disposal of the lending authority and transmit to it the proceedings of the enquiry and thereupon the lending authority may, if it is disciplinary authority, pass such orders thereon as it may deem necessary or if it is not disciplinary authority, submit the case to the disciplinary authority which shall pass such orders on the case as it may deem necessary].
(3) For the purpose of this rule, an Assistant or an Assistant Section Officer of the Secretariat or an Assistant or a Senior Asst., of the Office of the Commissioner for Land Revenue deputed for training as Revenue Inspector, in the Andhra Pradesh Ministerial Service or a Section Officer of the Secretariat or a Superintendent of the Office of the Commissioner for Land Revenue deputed for training as Tahsildar in the districts, shall be deemed to be a Government servant lent.
Provided that the borrowing authority shall intimate the fact of placing the Government servant under suspension or imposing on him/her the penalty as the case may be to the lending authority :
Provided further that if the borrowing authority is of the opinion that any of the penalties specified in clauses (vii) to (x) of Rule 9 should be imposed on the Government servant, it shall replace his services at the disposal of the lending authority and transmit to it the proceedings of the enquiry and thereupon, the lending authority may, if it is disciplinary authority, pass such orders thereon as it may deem necessary or if it is not disciplinary authority, submit the case to the disciplinary authority which shall pass such orders on the case as it may deem necessary].
(iii) Where a Government servant whose services are placed at the disposal of any company, corporation, organisation or a local or ot! authority has, at any time before his services were so placed, committed are act or omission which renders him liable to any penalty specified in Rule or Rule 10, the authority competent to impose any such penalty on such Government servant shall alone be complent to institute disciplinary proceeding against him and to impose on him such penalty specified in Rule 9 or Rule 10 as it thinks fit and the borrowing authority under whom he is serving at the time of the institution of such proceeding, shall be bound to render all reasonable facilities to such competent authority instituting and conducting such proceeding.
31. Provisions regarding officers borrowed from Government of India, etc.: – (1) Where an order of suspension is made or a disciplinary proceeding is conducted against a Government servant whose services have been borrowed by one department from another department or from the Government of India or the Government of another State or a Company or Corporation or Organisation or a Local or other Authority lending the services (hereinafter in this rule referred to as “the lending authority”) shall forthwith be informed of the circumstances leading to the order of the suspension of the Government servant or of the commencement of the disciplinary proceeding, as the case may be.
(2) In the light of the findings in the disciplinary proceeding conducted against the Government servant :
[(i) If the disciplinary authority is of the opinion that any of the penalties specified in clauses (i) to (v) of Rule 9 or in rule 10 should be imposed on him / her it may, subject to the provisions of sub-rule (3) of Rule 21 pass such order as it may deem necessary :
(ii) If the borrowing authority is of the opinion that the penalty specified in clause (vi) of Rule 9 should be imposed on Government Servant, it may pass such orders as it may deem necessary, duly following the procedure prescribed in Rule 20:
Provided that the borrowing authority is of the opinion that any of the penalties specified in clauses (vii) to (x) of Rule 9 should be imposed on the Government servant, it shall replace his services at the disposal of the lending authority and transmit to it the proceedings of the enquiry and thereupon the lending authority may, if it is disciplinary authority, pass such orders thereon as it may deem necessary or if it is not disciplinary authority, submit the case to the disciplinary authority which shall pass such orders on the case as it may deem necessary]
Part – VI
Appeals
32. Orders against which no appeal lies: – Notwithstanding anything contained in this part, no appeal shall lie against
(i) any order made by the Governor;
(ii) any order of an interlocutory nature or of the nature of a step-in-aid of the final disposal of a disciplinary proceeding, other than an order of suspension;
(iii) any cider passed by an inquiring authority in the course of an inquiry under Rule 20.
33. Orders against which appeal lies: – (1) Subject to the provisions of Rule 32 a Government servant may prefer an appeal, as hereinafter provided against all or any of the following orders, namely :
(i) an order of suspension made or deemed to have been made under Rule 8;
(ii) an order imposing any of the penalties specified in Rule 9 or Rule 10 whether made by the disciplinary authority or by an appellate or revising authority;
(iii) an order enhancing any penalty imposed under Rule 9 or Rule 10;
(iv) an order discharging him in accordance with the terms of his contract, if he has been engaged on a contract for a fixed or for an indefinite period and has rendered under either form of contract, continuous service for a period exceeding five years at the time when his services are so discharged; and
(v) an order reducing or withholding the maximum pension, including an additional pension, admissible to him under the rules governing pension.
(2) Subject to the provisions of Rule 32, a member of a subordinate service may, as here-in-after provided, prefer an appeal against an order passed by an authority subordinate to the Government (i) varying to his disadvantage his conditions of service, pay, allowances or pension as regulated in rules or in a contract of service, and (ii) interpreting to his disadvantage the provisions of any rules or contract of service whereby his conditions of service, pay, allowance or pension are regulated.
Explanation : – In this rule, the expressions ‘Government Servant‘ and ‘Member of a Subordinate Service‘ include a person who has ceased to be in Government Service.
34. Appellate Authorities: – (1) A Government servant, including a person who has ceased to be in Government service, may prefer an appeal against all or any of the orders specified in Rule 33 to the authorities as follows :
(i) An appeal from an order passed by the High Court shall lie to the Governor.
(ii) An appeal from an order imposing on a member of a State any of the penalties specified in Rule 9 or placing such member under suspension under Rule 8 passed by the Head of the Department shall lie to the Government and an appeal from an order passed by a lower authority shall lie to the Head of the Department :
Provided that an appeal from an order imposing the penalties specified in clauses (i) to (iv) of Rule 9 on all types of Inspectors of Police by the Superintendent of Police or an officer of the corresponding rank shall lie to the Special Inspector-General of Police (Law and Order).
(iii) An appeal from an order imposing on a member of a Subordinate Service any of the penalties specified in Rule 9 or Rule 10 or placing such member under suspension under Rule 8 passed by any authority lower than the Government shall lie to the next higher authority to whom the former authority is administratively subordinate :
Provided that in respect of the members of Subordinate Services working in the Habitual Offenders Settlements in the Police Department, the appellate authority shall be the Superintendent of Police concerned in respect of orders passed by the Manager of the Settlement;
Provided further that in the case of a member of the Andhra Pradesh Police Subordinate Service or the Andhra Pradesh Special Armed Police Service, the appellate authority shall be as specified against each of the categories in Appendix IV;
Provided also that in the case of a member of the Andhra Pradesh Police Subordinate Service or the Andhra Pradesh Special Armed Police Service, an officer superior to the competent authority may, for reasons to be recorded in writing, transfer an appeal from the competent authority to any other authority holding the same rank for disposal.
(iv) An appeal against an order referred to in sub-rule (2) of Rule 33 shall lie to the Government.
(2) Notwithstanding anything contained in sub-rule (1)
(i) an appeal against an order in a common proceeding held under Rule 24 shall lie to the authority to which the authority functioning as the disciplinary authority for the purpose of that proceeding is immediately subordinate ;
(ii) where the person who made the order appealed against becomes, by virtue of his subsequent appointment or otherwise, the appellate authority in respect of such order, an appeal against such order shall lie to the authority to which such person is immediately subordinate and, if there is no such authority, by an authority appointed by the Government.
Executive Instruction
Appellate Authorities – Clarification on the appellate authorities
[Circular Memo. No. 7486/CRP/E2/86, dated 11-4-1992]
Order: – All the District Development Officer of the Z.P.Ps. in the State are informed that consequent on the provincialisation of services of Panchayat Raj Employees the District Development Officer is made the appointing authority.
As appointing authority the District Development Officers are issuing orders on the disciplinary cases. A question was raised as to whether the Chairman Z.P.P. who was earlier appointing authority continues to receive appeals on the orders and disciplinary cases decided by the District Development Officers.
The CCA Rules applicable to State Government Employees are applicable to Panchayati Raj Employees also. As per the provision contained in CCA Rules the first appeal on the orders of the District Development Officer in disciplinary cases shall be to the Head of the Department, who is the Commissioner, Panchayat Raj & Rural Development in the case of Panchayat Raj Bodies.
All the District Development Officers are requested to forward the appeals on their orders in disciplinary cases to the Commissioner, P.R. & R.D. Necessary amendments to Statutory Rules are being issued separately by Government.
35. Period of limitation for appeals: – No appeal preferred under these rules shall be entertained unless such appeal is preferred within a period of three months from the date on which a copy of the order appealed against is delivered to the appellant :
[Proviso Omitted by G.O.Ms.No. 64 Gent. Administrator (Ser. C), dated 27-2-1998]
36. Form and contents of appeal: – (1) Every person preferring an appeal shall do so separately and in his own name.
(2) The appeal shall contain all material statements and arguments relied on by the appellant and shall be complete in itself, and shall not contain any disrespectful or improper language, It shall be presented to the authority to whom the appeal lies, a copy being forwarded by the appellant to the authority which made the order appealed against.
(3) The authority which made the order appealed against shall, on receipt of a copy of the appeal, forward the same with its comments thereon together with the relevant records to the appellate authority, without any avoidable delay and without waiting for any direction from the appellate authority.
37. Consideration of appeal: – In the case of an appeal against an order of suspension, the appellate authority shall consider whether in the light of the provisions of Rule 8 and having regard to the circumstances of the case, the order of suspension is justified or not and confirm or revoke the order accordingly.
(2) In the case of an appeal against an order imposing any of the penalties specified in Rule 9 or Rule 10 or enhancing any penalty imposed under the said rules, the appellate authority shall consider : –
(a) whether the procedure laid down in these rules has been compiled with and if not, whether such non-compliance has resulted in the violation of any provisions of the Constitution of India or in failure of justice :
(b) whether the findings of the disciplinary authority are warranted by the evidence on the record; and
(c) whether the penalty or the enhanced penalty imposed is adequate, inadequate or severe and pass orders :
(i) confirming, enhancing, reducing or setting aside the penalty; or
(ii) remitting the case to the authority which imposed or enhanced the penalty or to any other authority with such direction as it may deem fit in the circumstances of the case :
Provided that –
(i) the Commission shall be consulted in all cases where such consultation is necessary ;
(ii) if the enhanced penalty which the appellate authority proposed to impose is one of the penalties specified in [clauses (vi) to (x)] Rule 9 and an inquiry under rule 20 has not already been held in the case, the appellate authority shall, subject to the provisions of rule 25, itself hold such inquiry or direct that such inquiry be held in accordance with the provisions of Rule 20 and, thereafter, on consideration of the proceedings of such inquiry, make such orders as it may deem fit.
(iii) if the enhanced penalty which the appellate authority proposes to impose is one of the penalties specified in [clauses (vi) to (x)] Rule 9 and an inquiry under rule 20 has already been held in the case, the appellate authority shall make such orders as it may deemed fit, [after the appellant has been given a reasonable oppurtunity of making a representation];
(iv) subject to the provisions of Rule 25, the appellate authority
(a) where the enhanced penalty which the appellate authority proposes to impose, is the one specified in clause (iv) of Rule 9 and falls within the scope of the provisions contained in sub-rule (2) of Rule 22; and
(b) where an inquiry in the manner laid down in Rule 20 has not already been held in the case.
itself hold such inquiry or direct that such inquiry be held in accordance with the provisions of Rule 20 and thereafter on a consideration of the proceedings of such inquiry, pass such order a sit may deem fit; and
(v) no order imposing an enhanced penalty shall be made in any other case unless the appellant has been given a reasonable opportunity, as far as may be, in accordance with the provisions of Rule 22, of making a representation against such enhanced penalty.
(3) In an appeal against any other order specified in Rule 33 the appellate authority shall consider all the circumstances of the case the make such orders as it may deem just and equitable.
38. Review of original orders passed by Government, in lieu of appeal: – (a) Every member of a State Service, or a member of a Subordinate Service in whose case the Government have passed original orders, shall not be entitled to appeal but shall be entitled to make separately and in his own name, within a period of three months from the date on which the order was communicated to him, a petition to the Government for review of the order passed by them on any of the following grounds, namely
(i) that the order against which the petition for review is made was not passed by the competent authority;
(ii)that a reasonable opportunity was not given to the petitioner for defending himself;
(iii) that the punishment is excessive or unjust;
(iv) that the petitioner has made a discovery of new matter or evidence which he proves to the satisfaction of the Government, was not within his knowledge or could not be adduced by him before the order imposing the penalty was passed; and
(v) that there is an evident error or omission in the order such as failure to apply the law of limitation or an error of procedure apparent on the face of record.
(b) Any petition for review which does not satisfy any of the above grounds shall be summarily rejected.
(c) The Government shall pass such orders as they think proper in respect of any petition for review that has been admitted under this rule.
39. Implementation of orders in appeal: – The authority which made the order appealed against shall give effect to the orders passed by the appellate authority.

Part – VII
Revision And Review
(i) the Government, or
(ii) in the case of a Government servant serving in a depart. office under the control of a head of department such head of the directly under the Government; or
(iii) any appellate authority, or
(iv) any other authority specified in this behalf by the Government by a general or special order and within such time as may be prescribed in such general or special order, may where a revision petition is preferred by the Government servant within one year of the date of receipt by him of the order sought to be revised, and in cases where no such revision petition is preferred within four years of the date of the order proposed to be revised, either suo motu or otherwise and after calling for the records of any inquiry and examination, revise and order of penalty made under these rules or under the rules repealed by Rule 45, after consultation with Commission where such consultation is necessary. The said authority may exercise the power suo motu within four years from the date of issue of order of penalty by the competent authority or within one year of the date of receipt of the petition either confirm or reduce or set aside the order of penalty or any other order already issued, and where it is proposed to enhance the penalty, such authority may exercise the power within four years from the date of receipt of the petition and revise any order made under Rule 45 after consultation with the Commission where such consultation is necessary, and
(a) confirm, modify or set aside the order; or
(b) confirm, reduce, enhance or set aside the penalty imposed by the order, or impose any penalty where no penalty has been imposed, or
(c) remit the case to the authority which made the order or to any other authority directing such authority to make such further inquiry as it may consider proper in the circumstances of the case; or
(d) pass such other orders as it may deem fit :
Provided that the Special Inspector General of Police (Law and Order) or the Deputy Inspector General of Police or an officer of the corresponding rank may, of his own motion or otherwise, revise an order passed on appeal by the authority subordinate to him;
Provided further that no order imposing or enhancing any penalty shall be made by any revising authority unless the Government servant concerned has been given a reasonable opportunity of making a representation against the penalty proposed and where it is proposed to impose any of the major penalties specified in Rule 9 or to enhance the minor penalty imposed by the order sought to be revised to any of the major penalties and if an inquiry under Rule 20 has not already been held in the case, no such penalty shall be imposed except after inquiring in the manner laid down in Rule 20, subject to the provisions of Rule 25 and except after consultation with the Commission, where such consultation is necessary:
Provided also that subject to the provisions of Rule 25, the revising authority shall:
(a) where the enhanced penalty which the revising authority propose to impose, is the one specified in clause (iv) of Rule 9 and falls within the scope of the provisions contained in sub-rule (2) of the Rule 22; and
(b) where an inquiry in the manner laid down in Rule 20 has not already been held in the case.
Itself hold such inquiry or direct that such inquiry be held in accordance with the provisions of Rule 20, and thereafter, on a consideration of the proceedings of such inquiry, pass such orders as it may deem fit;
Provided further that no power of revision shall be exercised by the head of department, unless
(i) the authority which made the order in appeal, or
(ii) the authority to which an appeal would lie, where no appeal has been preferred, is subordinate to him.
(2) No proceeding for revision shall be initiated or commenced until after
(i) the expiry of the period of limitation for preferring an appeal, or
(ii) the disposal of the appeal, where any such appeal has been preferred; the Government Servant may however prefer a revision petition for revising the order or penalty within a period of one year after the appeal petition to the prescribed appellate authority is disposed off.
(3) An application for revision shall be dealtwith in the same manner as if it were an appeal under these rules.]
Provided that no order imposing or enhancing any penalty shall be made by the Government unless the Government servant concerned has been given reasonable opportunity of making a representation against the penalty proposed or where it is proposed to impose any of the major penalties specified in Rule 9 or to enhance the minor penalty imposed by the order sought to be reviewed to any of the major penalties and if an inquiry under Rule 20 has not already been held in the case, no such penalty shall be imposed except after inquiring in the manner laid down in Rule 20, subject to the provisions of Rule 25 and except after consultation with the Commission where such consultation is necessary].

Part – VIII
Miscellaneous
42. Service of orders, notices etc.: – Every order, notice and other process made or issued under these rules shall
(i) if he is on duty, be served on the Government servant by delivering or tendering it in person;
(ii) if he is on leave or under suspension or otherwise absent be communicated to him by registered post to the address given by him, if any, or of his usual place of residence;
(iii) if it cannot be so served or communicated, be published in Andhra Pradesh Gazette.
43. Power to relax time-limit and to condone delay: – Save as otherwise expressly provided in these rules, the authority competent under these rules to make any order may, for good and sufficient reasons or if sufficient cause is shown, extend the time specified in these rules for anything required to be done under the rules or condone any delay.
44. Supply of copy of Commission’s advice: – Whenever the Commission is consulted as provided in these rules, a copy of the advice by the Commission and, where such advice has not been accepted, also a brief statement of the reasons for such non-acceptance, shall be furnished to the Government servant concerned along with a copy of the order passed in the case, by the authority making the order.
45. Repeal and Saving: – (1) The Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1963, issued in G.O.Ms.No. 1376, General Administration (Rules) Department, dated the 28th November, 1963, in so far as they relate to the services specified in these rules, are hereby repealed :
Provided that :
(a) such repeal shall not affect the previous operation of the said rules, or any notification or order made, or anything done, or any action taken, thereunder;
(b) any proceedings under the said rules, pending at the commencement of these rules shall be continued and disposed of as far as may be, in accordance with the provisions of these rules, as if such proceedings were proceedings under these rules.
(2) Nothing in these rules shall operate to deprive any person of any right of appeal, which he would have had if these rules had not been made, in respect of any order passed before the commencement of these rules. An appeal pending at the time when, or preferred after these rules came into force shall be deemed to be an appeal under these rules, and Rule 37 shall apply as if the appeal were against an order appealable under these rules.
(3) As from the commencement of these rules any appeal or application for revision or review against any orders made before such commencement shall be preferred or made under these rules, as if such orders were made under these rules :
Provided that nothing in these rules shall be construed as reducing any period of limitation for any appeal, revision or review provided by any rule in force before the commencement of these rules.
46. Removal of Doubts: – If any doubt arises as to the interpretation of any of the provisions of these rules, the matter shall be referred to the Government, whose decision shall be final.
Schedule I
1. The Andhra Pradesh Administrative Service.
2. The Andhra Pradesh Agriculture Service.
3. The Andhra Pradesh Animal Husbandry Service.
4. The Andhra Pradesh Boiler Service.
5. The Andhra Pradesh Central Stores Purchase Service.
6. The Andhra Pradesh Civil Service (Executive Branch).
7. The Andhra Pradesh Commercial Taxes Service.
8. The Andhra Pradesh Co-operative Service.
9. The Andhra Pradesh Economic and Statistical Service.
10. The Andhra Pradesh Educational Service.
11. The Andhra Pradesh Electrical Service.
12. The Andhra Pradesh Employment Service.
13. The Andhra Pradesh Engineering Service.
14. The Andhra Pradesh Excise Service.
15. The Andhra Pradesh Factory Service.
16. The Andhra Pradesh Fire Service.
17. The Andhra Pradesh Fisheries Service.
18. The Andhra Pradesh Forest Service.
19. The Andhra Pradesh General Service.
20. The Andhra Pradesh Government Life Insurance Service.
21. The Andhra Pradesh (R & B) Engineering Service.
22. The A.P. Hindu Religious & Charitable Endowments (Administration) Service.
23. The Andhra Pradesh Homeopathic Service.
24. The Andhra Pradesh Indian Medicine Service.
25. The Andhra Pradesh Industries Service.
26. The Andhra Pradesh Information Service.
27. The Andhra Pradesh Jail Service.
28. The Andhra Pradesh Labour Service.
29. The Andhra Pradesh Marketing Service.
30. The Andhra Pradesh Medical Service.
31. The Andhra Pradesh Mining Service.
32. The Andhra Pradesh Municipal Commissioners Service.
33. The Andhra Pradesh Panchayat Service.
34. The Andhra Pradesh Panchayati Raj Engineering Service.
35. The Andhra Pradesh Panchayati Raj Service. (Executive Branch)
36. The Andhra Pradesh Pay and Accounts Service.
37. The Andhra Pradesh Police Service.
38. The Andhra Pradesh Port Service.
39. The Andhra Pradesh Public Health Service.
40. The Andhra Pradesh Public Health and Municipal Engineering Service.
41. The Andhra Pradesh Printing Service.
42. The Andhra Pradesh Registration Service.
43. The Andhra Pradesh State Higher Judicial Service.
44. The Andhra Pradesh State Judicial Service.
45. The Andhra Pradesh State Legal Service.
46. The Andhra Pradesh Survey and Land Records Service.
47. The Andhra Pradesh Technical Education Service.
48. The Andhra Pradesh Town Planning Service.
49. The Andhra Pradesh Transport Service.
50. The Andhra Pradesh Treasury and Accounts Service.
51. The Andhra Pradesh Weights and Measures Service.
52. The Andhra Pradesh Backward Classes Welfare Service.
53. The Andhra Pradesh Horticulture Service.
54. The Andhra Pradesh Handlooms & Textiles Service.
55. The Andhra Pradesh Insurance Medical Service.
56. The Andhra Pradesh Tribal Welfare Engineering Service
[G.O.Ms.No. 315, G.A.D., dated 5-09-2000]
58. The Andhra Pradesh State Audit Service.
[G.O.Ms.No. 71, G.A.D., dated 17-02-2009].
Schedule II
(Rule 7)
1. The Andhra Pradesh Agricultural Subordinate Service.
2. The Andhra Pradesh Animal Husbandry Subordinate Service.
3. The Andhra Pradesh Certified Schools Subordinate Service.
4. The Andhra Pradesh Commercial Taxes Subordinate Service.
5. The Andhra Pradesh Co-operative Service.
6. The Andhra Pradesh Economics and Statistical Subordinate Service.
7. The Andhra Pradesh School Educational Subordinate Service.
8. The Andhra Pradesh Electrical Subordinate Service.
9. The Andhra Pradesh Engineering Subordinate Service.
10. The Andhra Pradesh Excise Subordinate Service.
11. The Andhra Pradesh Fire Subordinate Service.
12. The Andhra Pradesh Fisheries Subordinate Service.
13. The Andhra Pradesh Forest Subordinate Service.
14. The Andhra Pradesh General Subordinate Service.
15. The Andhra Pradesh Government Press Subordinate Service.
16. The Andhra Pradesh (R & B) Engineering Subordinate Service.
17. The Andhra Pradesh Homeopathic Subordinate Service.
18. The Andhra Pradesh Indian Medicine Subordinate Service.
19. The Andhra Pradesh Industries Subordinate Service.
20. The Andhra Pradesh Information Subordinate Service.
21. The Andhra Pradesh Jail Subordinate Service.
22. The Andhra Pradesh Judicial Ministerial Service.
23. The Andhra Pradesh Last Grade Service.
24. The Andhra Pradesh Labour Subordinate Service.
25. The Andhra Pradesh Marketing Subordinate Service.
26. The Andhra Pradesh Medical Subordinate Service.
27. The Andhra Pradesh Ministerial Service.
28. The Andhra Pradesh Mining Subordinate Service.
29. The Andhra Pradesh Minor Irrigation Subordinate Service.
30. The Andhra Pradesh Municipal Commissioners Subordinate Service.
31. The Andhra Pradesh Panchayati Raj Executive Subordinate Service.
32. The Andhra Pradesh Panchayati Raj Subordinate Engineering Service.
33. The Andhra Pradesh Pay and Accounts Subordinate Service.
34. The Andhra Pradesh Police Subordinate Service.
35. The Andhra Pradesh Port Subordinate Service.
36. The Andhra Pradesh Public Health Subordinate Service.
37. The Andhra Pradesh Public Health & Municipal Engg.Subordinate Service.
38. The Andhra Pradesh Registration Subordinate Service.
39. The Andhra Pradesh Revenue Subordinate Service.
40. The Andhra Pradesh Secretariat Subordinate Service.
41. The Andhra Pradesh Special Armed Police Service.
42. The Andhra Pradesh Survey and Land Records Subordinate Service.
43. The Andhra Pradesh Survey & Land Records Subordinate (Temporary)
44. The Andhra Pradesh Technical Education Subordinate Service.
45. The Andhra Pradesh Town Planning Subordinate Service.
46. The Andhra Pradesh Treasury and Accounts Subordinate Service.
47. The Andhra Pradesh Sericulture Subordinate Service.
48. The Andhra Pradesh Backward Classes Subordinate Service.
49. The Andhra Pradesh Horticulture Subordinate Service.
50. The Andhra Pradesh Endowments Executive Officers Service.
51. The Andhra Pradesh Handlooms & Textiles Subordinate Service.
52. The Andhra Pradesh Insurance Medical Subordinate Service.
53. The Andhra Pradesh Panchayat Raj Subordinate Service.
54. The Andhra Pradesh Tribal Welfare Engineering Subordinate
[G.O.Ms.No. 315, G.A.D., dated 5-09-2000]
55. The Andhra Pradesh State Audit Sub-ordinate Service.
[G.O.Ms.No. 71, G.A.D., dated 17-02-2009]
Appendix I
[Rule 10(i)]
Government Guest House Department
Members of the Andhra Pradesh General Subordinate Service.
(a) Government House Department, Hyderabad: – Stewards, Grades I and II, Butlers, Carpenters, Painters, Head Cooks, Assistant Cooks, Drivers, Tailor and Electrician.
(b) Hyderabad House, New Delhi: – Sanitary Fitter, Electrician, Drivers, Cooks and Butlers.
(c) Jubilee Hall, Hyderabad: – Daroga.
Government Press
I. Office Establishment at Kurnool – Attenders
II. Members of the Andhra Pradesh Government Press Subordinate Service.
Jail Department
Andhra Pradesh Jail Subordinate Service
Branch II
CLASS I
1. Jailors in Sub-jails
2. Gate-keepers (including Chief Head Warders, Jamedars, Grades I and II, Head Warders, and Dafedars).
3. Warders (including Jawans) in Jails – Grades I and II
CLASS II
Woman Warders – Grades I and II
Branch II
CLASS I
1. Special Grade Prison Teachers and Instructors.
2. Higher Elementary Grade Teachers and Instructors.
CLASS II
1. Carpenter Instructors – Grades II and III
2. Blacksmith Instructors
3. Tailor Instructors – Grade II
4. Weaving Instructors – Grade II and III
5. Durrie-making Instructors – Grades II and III
6. Carpet-making Instructors.
7. Dyeing Instructors- Grades II and III
8. Polisher.
9. Fitter-Grades II and HI
10. Shoe-making Instructors,
CLASS III
Jamedar, Chauffers
Temporary Posts.
Branch IV
1. Wiremen.
2. Packer clerks and Packers.
Port Department
I. Andhra Pradesh Port Subordinate Service : –
1. Assistant Light Keepers and Signallers.
2. Flag Lascars.
3. Tindals – Grade II.
4. Boatmen.
II. Andhra Pradesh General Subordinate Service : –
1. Serangs – Grade H
2. Firemen – Grades I and II
3. Welders
4. Greasers.
5. Lascars.
6. Store Attender.
7. Hammermen.
Public Health And Municipal Engineering Department
1. Andhra Pradesh General Subordinate Service : –
Attenders employed in the office of the Sanitary Engineer.
Appendix II
[Rule 14(1)(b) Third Proviso]

Authority Which May Impose The
Penalty Of
Categories of Officers
Censure u/r. 9(i)
Recovery from pay u/r. 9(iii)
Withholding of increments u/r.
9(iv)
Authority which may place under
suspension u/r. 8
(1) 
(2) 
(3) 
(4) 
(5) 
Jailors in Central or District Jails. 
Appointing Authority 
Appointing Authority 
Appointing Authority 
Appointing Authority 
School Assistants, Dy. Inspector of
Schools, Assistant Lecturers, Tutors, Demonstrators, Upper
Division Clerks, Head Clerks, Managers, etc. 
Appointing Authority 
Appointing Authority 
Appointing Authority 
Appointing Authority 
Staff of Public Works Department
(excluding Secretariat staff) 
Immediate Superior Gazetted Officer 
Authority next above the immediate
superior Gazetted Officer 
Authority next above the immediate
superior Gazetted Officer 
Authority next above the immediate
superior Gazetted Officer 
Supervisors in Engineering Department . Head
Clerks and Managers in the Offices of Superintending Engineers. 
Executive Engineer 
Executive Engineer 
Executive Engineer 
Executive Engineer 
Staff working under the administrative
control of the Director, Industries and Commerce. 
Immediate Superior Gazetted Officer 
Immediate Superior Gazetted Officer 
Immediate Superior Gazetted Officer 
Appointing authority 
Assistant Inspectors of Labour,
Welfare Organisers, Health Visitors, Craft Instuctress, Audio
Visual Incharge, Upper Division Clerks. 
Industrial Relations Officers and
Labour Enforcement Officer concerned 
Industrial Relations Officers and
Labour Enforcement Officer concerned 
Industrial Relations Officers and
Labour Enforcement Officer concerned 
Deputy Commissioner of Labour
concerned. 
[x x x]
[The entry partaining to Cooperative
Sub-registrars omitted vide G.O.Ms.No. 321, G.A.D., dated 24-7-97] 
Dairy Assistants 
Immediate Superior Gazetted Officer. 
Do. 
Additional Joint Registrar 
Additional Joint Registrar 

Appendix III
[See 14(2) First Proviso]

Authority Which May Impose The Penalty Of
Class of Subordinates
Fine u/r. 10(i)
Censure u/r. 9(i)
Withholding of promotion u/r. 9(ii)
Recovery from pay u/r. 9(iii)
Withholding of increments u/r. 9(iv)
Suspension u/r. 9(v)
Reduction [u/r. 9(vii)]
Compulsory retirement or removal or dismissal
[u/r. 9(viii), (ix), & (x)].
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
Bureau Of Economics And Statistics
I. Members of the A.P. Economics and Statistical
Subordinate Service :
Taluk Statistical Assistants.
–
Tahsildar or District Statistical Officer
Director, Bureau of Economics & Statistics
Director, Bureau of Economics & Statistics
Tahsildar or District Statistical Officer
Director, Bureau of Economics Statistical
Director, Bureau of Economics Statistical
Director, Bureau of Economics Statistical
Commercial Taxes Department
I. Members of the A.P. Commercial Taxes Subordinate
Service
Asst. Commercial Tax Officer-
–
–
–
Dy. Commn. of Commercial Taxes
–
Dy. Commn. of Commercial Taxes
–
–
II. Members of the A.P. Ministerial Service in the
Office of the-
(1) Dy. Commercial Tax Officer.-
–
Deputy Commercial Tax Officer.
–
–
–
–
–
–
(2) Asst. Commercial Tax Officer-
–
Assistant Commercial Tax Officer.
–
–
–
–
–
–
III. Members of the A.P. General Subordinate Service –
Bill Collectors
–
Dy. Commercial Tax Officer or
–
–
–
–
–
–
Assistant
Commercial Tax Officer, as the case may be.
CO-OPERTATIVE DEPARTMENT
I. Members of the A.P. Co-operative Subordinate Service :
1. Co-operative Sub-Registrars
(i) Working in O/o. the Addl.
Commr. for Co-op. & Regr. of Co-op. Societies.
Addl. Regr. I
Addl. Regr. I
Addl. Regr. I
Addl. Regr. I
Addl. Regr. I
Addl. Regr. I
Regr.I
(ii) Elsewhere
(a) In Administrator wing of Department . other
than in officer of [District Co-operative Officer].
Immediate superior Gazetted Officer.
Addl Regr. I
Immediate superior Gazetted Officer.
Addl. Regr. I
Addl. Regr. I.
Addl. Regr. I
(b) Working in Officer of
[District Co-op. Officer].
Immediate superior Gazetted Officer.
Add. Regr. I
Addl. Regr. I
Immediate superior Gazetted Officer
Addl. Regr. I
Addl. Regr. I
Addl. Regr. I
(iii) Working in Audit Wing.
Immediate superior Gazetted Officer.
Addl. Regr. I
Addl. REgr. I/Cheif Auditor
Immediate superior Gazetted Officer.
Addl. Regr. I
Addl. Regr. I
Addl. Regr. I
2. Senior Inspector :
(i) Working in O/o the Commr. for
Co-op. & Regr. of Co-op. Societies.
Addl. Regr. I
Addl. Regr. I
Addl. Regr. I
Addl. Regr. I
Addl. Regr. I
Addl. Regr. I
Addl. Regr. I
(ii) “Elsewhere
(a) In Administrator wing other than in
office of [District Co-operative Officer].
Immediate superior Gazetted Officer.
Addl. Regr. I
Immediate superior Gazetted Officer.
Addl. Regr. I
Addl. Regr. I
Addl. Regr. I
(b) “those working in
[District Co-op. Officer.]
Immediate superior Gazetted Officer.
Addl. Regr. I
Addl. Regr. I/Chief Auditor
Immediate superior Gazetted Officer.
Addl. Regr. I
Addl. Regr. I
Addl. Regr. I
(iii) in Audit Wing.
Immediate superior Gazetted Officer.
Addl. Regr.I
Addl. Regr. I/Chief Auditor
Immediate superior Gazetted Officer.
Addl. Regr. I
Addl. Regr.I
Addl. Regr. I
3. Junior Inspectors :
(i) Working in O/o. the Commr. for
Co-op. & Regr. of Co-op. Societies.
Addl. Regr. I
Addl. Regr. I
Addl. Regr. I
Addl. Regr. I
Addl. Regr. I
Addl. Regr. I
Addl. Regr. I
(ii) “Elsewhere in
(a) Administrator wing other than in
office of [District Co-operative Officer].
Immediate superior Gazetted Officer.
Addl. Regr. I
Immediate superior Gazetted Officer.
Addl. Regr. I
Addl. Regr. I
Addl. Regr. I
(b) Working in O/o. the [District
Co-op. Officer].
Immediate superior Gazetted Officer.
Addl. Regr. I
Addl. Regr. I
Immediate superior Gazetted Officer
Addl. Regr. I
Addl. Regr. I
Addl. Regr. I
(iii) in Audit Wing
Immediate superior Gazetted Officer.
Addl. Regr. I
Addl. Regr. I/Chief Auditor
Immediate superior Gazetted Officer.
Addl. Regr. I
Addl. Regr. I
Addl. Regr. I
II. A.P. Ministerial Service
Jr. Assistants
Typists :
(i) Working in O/o. the Addl.
Commr. for Co-op. & Regr. of Co-op. Societies.
Addl. Regr. I
Addl. Regr. I
Addl. Regr. I
Addl. Regr. I
Addl. Regr. I
Addl. Regr. I
Regr.I
(ii) “Elsewhere in Administrator
Wing. [District Co-op. Officer].
Immediate superior Gazetted Officer.
Collector (Co.-opn)
Collector (Co.-opn)
Immediate superior Gazetted Officer.
Collector (Co-opn.)
Collector (Co.-opn.)
Collector (Co.-opn.)
(iii) in Audit Wing
Immediate superior Gazetted Officer.
Collector (Co.-opn)
Collector (Co.-opn)
Immediate superior Gazetted Officer.
Collector (Co-opn.)
Collector (Co.-opn.)
Collector (Co.-opn.)
III. Members of A.P. Last Grade Service :
(i) Attenders working in O/o. Commr. for Co-op. & Regr. of
Co-op. Societies.
Joint Regr. ( Administrator )
Joint Regr. ( Administrator )
Joint Regr. ( Administrator )
Joint Regr. ( Administrator )
Joint Regr. ( Administrator )
Joint Regr. ( Administrator )
Joint Regr. ( Administrator )
(ii) Working elsewhere
Immediate superior Gazetted Officer.
Immediate superior Gazetted Officer.
Collector (Co.-opn.)
Immediate superior Gazetted Officer.
Collector (Co.-opn.)
Collector (Co.-opn.)
Collector (Co.-opn.)
EDUCATION DEPARTMENT
I. Members of the A.P. General Subordinate Service :
(1) Attenders in the offices in the Agency area.
–
Head Master or Deputy Inspector of Schools
concerned.
–
–
–
–
–
II. Members working in the office of the Director,
N.C.C., A.P., N.C.C., Group Head Quarters and N.C.C. Units.
1. Superintendents
2. Accountants
3. U.D.Cs.
4.
L.D.Cs.
5. Steno-grapher
6. Steno Typist
7. Typists
8.
Ship-Modelling Mechanic-cum-Store Keepers
9.Agro-Modelling
Instructor-cum-Store Keepers.
10. Saddlers
11. Farriers
12.
Drivers
13. Record Assistants
14. Attenders
15.
Lascars
16. Chowkidars
Group and Unit Commander for civilian staff
working in NCC Group Head-quarters and in N.C.C. Unit Offices
respectively, Establishment Officer for the Civilian staff
working in N.C.C. Directorate.
Director, N.C.C. in respect of the posts at S1.
Nos. 1 to 11 under Column (1) Establishment officer in respect of
the posts at SI.No. 12 to 16 under column (I)
Commander, N.C.C. Group Headquarters for the
Civilian staff working in N.C.C. Unit Offices. Dy. Director,
N.C.C. for the civilian staff working in N.C.C. Group
Headquarters in the N.C.C. Directorate.
Group and Unit Commander for civilian staff
working in NCC Group Head-quarters and in N.C.C. Unit Offices
respectively, Establishment Officer for the Civilian staff
working 



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