GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
PUBLIC SERVICES -Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 - Departmental Proceedings arising out of caught red handed cases undertaken by the Anti - Corruption Bureau – New Timeline of 100 days prescribed for concluding the disciplinary proceedings by all Government Departments - Orders – Issued.
-----------------------------------------------------------------------------------------------------------------------------GENERAL ADMINISTRATION (Ser.C) DEPARTMENT
G.O.MS.No. 41 Dated: 18-04-2021.
Read the following:-
1. AP Civil Services (CC & A) Rules, 1991 issued vide G.O.Ms.No.487, G.A.(Ser.C) Dept., dt.14.9.1992.
2. G.O.Ms.No.421, G.A. (SC-D) Dept., dt.3.8.1993.
3. Memo.No.35676/Ser.C/98, G.A. (Ser.C) Dept. dt.1.7.1998.
4. Memo.No.177/SPl.C./2003-1, G.A. (Spl.C) Dept., dt.13.5.2003.
5. Memo.No.77/Spl.C/A1/2011, G.A. (Spl.C) Dept., dt.10.3.2011.
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O R D E RThe Government of Andhra Pradesh have taken up several welfare and development initiatives on a massive scale for the betterment of all the sections of people in the State. A number of programmes on an unprecedented scale have been taken up under “Navaratnalu” to deliver the required services at the doorsteps of the people in a transparent and corruption free manner. Gram / Ward Volunteers and Village / Ward Secretariat system in the State has been established to play the role of an accessible and transparent delivery mechanism for all the services required at the village/ward level. The Hon’ble Chief Minister has reiterated the government’s commitment to corruption-free administration on a number of occasions and accordingly a number of initiatives have been launched towards this goal.
2. The Anti-Corruption Bureau in Andhra Pradesh came into existence on 2.1.1961 as a separate Department to check effectively the evil of corruption in the services and to improve the moral tone of the administration in the State. However, this laudable objective does not seem to have been fulfilled completely. The status of cases pending in ACB since 1995 is as follows:
--- TABLE---
3. In the above mentioned context, it has been noticed that disciplinary proceedings arising out of caught red handed cases by Anti-Corruption Bureau(ACB) are taking unduly long time for their conclusion. As a result, a large number of such cases are found to be pending and the time taken for disposal of these disciplinary cases is unduly long in almost all cases. Such unacceptable delay in finalisation of the disciplinary cases results in a large number of employees remaining under suspension and drawing full/part salaries without turning out any work-thus proving to be a burden on the public exchequer. Such undue delay alsoleads to dilution of fear of quick punishment in the minds of the officials indulging in corrupt practices. Entire purpose of having a deterrent tool in the shape of Anti- Corruption Bureau gets defeated. Therefore, there is a need to reduce the time period for finalisation of Disciplinary cases, in order to ensure that there is a deterrent fear of law amongst the Government officials and the tendency of indulging into corrupt practices is nipped in the bud.
4. The present timelines prescribed in the APCS (CC & A) Rules, 1991 and other instructions of the Government issued from time to time, from the stage of initiation to conclusion of disciplinary proceedings arising out of caught red handed cases is as follows:-
--- TABLE A---
5. As can be seen from the above table (Table A), much of the delay caused in the present system can be attributed to the impractically / unwantedly long timelines prescribed for many processes along with prescribing no timeline at all for a few other processes.
6. A committee of officers consisting of Chief Commissioner of Land Administration, Principal Secretary to Government, Village & Ward Secretariat and Village / Ward Volunteers, Secretary to Government, MA&UD, Secretary to Government, PR&RD, Secretary to Government, G.A(Services) and DG, ACB have studied the subject and recommended a revised timeline for early completion of the
disciplinary proceedings without diluting the principles of natural justice and fair play.
7. Government, after careful examination of the matter, prescribe the following revised timelines for speedy disposal of the disciplinary cases arising out of caught red handed cases undertaken by the ACB.
--- TABLE B---
8. All the Departments of Secretariat/Heads of Departments and Director General, Anti-Corruption Bureau shall adhere to the timelines as stipulated above, while concluding the disciplinary proceedings arising out of caught red handed cases undertaken by the ACB. It is further reiterated that Disciplinary proceedings should be conducted in parallel/simultaneously with the criminal proceedings and it should not wait for the outcome of the criminal proceedings.
9. Failure to conclude the disciplinary proceedings within 100 days or failure to follow the above prescribed timelines by the Departments, competent authorities and Anti Corruption Bureau (ACB) shall be viewed seriously by the Government and disciplinary action shall be taken against the concerned, responsible for the delay.
10. Necessary amendments/modifications in rules and instructions shall be taken by the concerned department as shown below:
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(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
ADITYA NATH DAS
CHIEF SECRETARY TO GOVERNMENT
To
All the Departments of Secretariat.
All the Heads of Departments in the State.
The Prl.Secretary to Govt. (Poll), GAD.
The Director General, ACB, Vijayawada.
All the District Collectors in the State.
The Vigilance Commissioner, APVC, AP Secretariat, Velagapudi.
The G.A.(SC.D/SC.F) Department.
Copy to:-
The PS to Chief Secretary.
The PS to the Principal Secretary to Chief Minister.
The PS to Prl.Secretary to Govt. (Services), GAD.
The Law (C) Department.
SF/SC.
// forwarded by order //
SECTION OFFICER
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