Government Order(GO) for misconduct against 498a (FIL/MIL) for violation of APCS(Conduct) Rules 1964

                           GOVERNMENT OF ANDHRA PRADESH ABSTRACT
Public Services – Disciplinary Cases – Violation of Andhra Pradesh Civil Services (Conduct) Rules – Initiation of disciplinary action as per Andhra Pradesh Civil Services (CCA) Rules – Orders – Issued.
_____________________________________________________________
GENERAL ADMINISTRATION (SERVICES-C) DEPARTMENT

G.O.Ms.No. 680 Dated:01-11-2008.

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 mis-conduct and for such mis-conduct 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 mis-conduct. 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 mis-conduct 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 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 delinquent employee, the exact nature of the alleged mis-conduct in a way that would enable him to meet charge effectively. It is well established  that if a vague charge is given to a delinquent, it is a fatal defect, which vitiates entire proceedings. It is also relevant to notice that vagueness in charge is not excused on the plea that employee concerned should be deemed to have known the facts correctly. It should not be left to 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 APCS (Conduct) Rules 1964, to check the misconduct of the Government employees to ensure that the system of administration functions smoothly

5. Govt. direct that wherever connivance, negligence, dereliction of duty of Govt. employee is noticed, Competent Authority shall take prompt action for such mis-conduct in accordance with procedure laid down in APCS (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.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)



                                                           P.RAMAKANTH REDDY                
                     CHIEF SECRETARY TO GOVERNMENT





TO
All Departments of Secretariat.
All Heads of Departments / All District Collectors.
The Law (LSP) Departments.
The Director General, Anti Corruption Bureau, Hyd.
All Service Sections in Genl. Admn.Department.
The Secretary, A.P. Public Service Commission, Hyd.
The Secretary, A.P., Vigilance Commission, Secretariat, Hyd.
The Registrar, A.P. Administrative Tribunal, Hyderabad.
The Registrar, High Court of A.P., Hyderabad.
Copy to :
The P.S., to Prl.Secretary to C.M.,/The P.S., to C.S.
The P.S., to the Hon’ble Minister for Finance.
SF/SC.

                                       //FORWARDED::BY ORDER//

                                                                                                     SECTION OFFICER.

Government Order(GO) on compliance of Property Returns/Declarations by AP Govt. under APCS (Conduct Rules), 1964

                                                        INSTRUCTIONS
                                   GOVERNMENT OF ANDHRA PRADESH
                      GENERAL ADMINISTRATIN (SER.C) DEPARTMENT

Circular Memo No.15486/Ser.C/2007                       Dated :30-7-2007

Sub:- Public Services – A.P. Civil Services (Conduct) Rules, 1964 – Submission of Annual Property
         Returns by employees promptly – Reiteration of instructions – Reg.

Ref:-1. Govt. Memo.No.442/SC.E/1983-1, G.A. (SC.E) Department, Dated 27.12.1983.
        2. Circular Memo No.76883/Ser.C/98, G.A. (Ser.C) Department, Dated 12.12.1998.
        3. Circular Memo No.8832/Ser.C/2003-1, G.A. (Ser.C) Dept., dated 29.1.2003.
        4. Memo No.94649/Ser.C/2003, G.A. (Ser.C) Dept., dt.31.7.2003.
        5. Circular Memo No.695, G.A. (Ser.C) Dept., dated 12.10.2006.
                   
                                                                     * * *
 In the reference 5th cited, while reiterating the instructions regarding submission of Annual Property Returns by the Government employees as per sub-rule (7) of Rule-9 of A.P.C.S. (Conduct) Rules, 1964 it was requested in para 8 of  reference as follows:-
 “All the Spl. Chief Secretaries/Prl. Secretaries/Secretaries to Government and Heads of Departments etc. are requested to list out the employees who have not furnished their Annual Property Returns as on 15.1.2005 and thereafter issue show cause notices to each as to why disciplinary action shall not be taken against them and if within a reasonable time thereafter the Annual Property Returns are not received, or if the explanation to the query raised is not given or if given, but found not satisfactory, then they are requested to award “Censure” to the employee concerned”.
2. Government after careful examination have decided to amend the above para as follows:-
“All the Spl. Chief Secretaries/Prl. Secretaries/Secretaries to Government and Heads of Departments etc are requested to list out the employees who have not furnished their Annual Property Returns in time, within a month after the last date for receiving such returns and proceed against such officers as per APCS (CCA) Rules, 1991 for violation of APCS (Conduct) Rules, 1964.”
3. All the Departments of Secretariat, All Heads of Departments and all District Collectors are requested to bring the above rule position to the notice of all the employees working under their control for their strict compliance.
                 
                                                                                    J. HARINARAYANA
                                                                     CHIEF SECRETARY TO GOVERNMENT

To
All Special Chief Secretaries/Prl. Secretaries/Secretaries to Government.
All Departments of Secretariat.
All Heads of Departments.
All District Collectors.
All Services Sections of G.A.D.,
The Director General, Anti-Corruption Bureau, Hyd.
The Law (E) Dept.,
The Secretary, APPSC, Hyd.
The Secretary to Vigilance Commissioner, APVC, Hyd.
The Registrar, Hon’ble APAT, Hyd.
The Registrar, Hon’ble High Court of A.P., Hyd.
SF/SC.


                                                                   // FORWARDED BY ORDER //
                                                                         SECTION OFFICER

------------------------------------------------------------------------------------------------------------

             
                                          GOVERNMENT OF ANDHRA PRADESH
                               GENERAL ADMINISTRATIN (SER.C) DEPARTMENT


Circular Memo No.695/Ser.C/2006    Dated:12-10-2006
Sub:- Public Services – A.P. Civil Services (Conduct) Rules, 1964 – Submission of Annual Property Returns by employees promptly – Reiteration of Government instructions – Reg.

Ref:-
1. Govt. Memo.No.442/SC.E/1983-1, G.A. (SC.E) Department,  Dated .27.12.1983.
2. Govt. Memo.No.762/SC.D/1983-1, G.A. (SC.D) Department, Dated .21.5.1986.
3. Circular Memo No.76883/Ser.C/98, G.A. (Ser.C) Department, Dated. 12.12.1998.
4. Circular Memo. No.8832/Ser.C/2003-1, G.A. (Ser.C) Dept.,    Dated 29.1.2003.
5. Memo. No.94649/Ser.C/2003, G.A. (Ser.C) Dept., dt.31.7.2003.
6. From the Director General, Anti-Corruption Bureau,
                                          Letter Rc.No.114/RE-Cr.2/2001-S2, Dated 22- 11-2005.

                                                                    * * *
According to sub-rule (7) of rule 9 of A.P. Civil Services (Conduct) Rules, 1964, every Government employee other than a member of the A.P. Last Grade Service and a Record Assistant in the A.P. General Sub-Ordinate Service, invariably has to submit his/her statement of all immovable/movable (values exceeding Rs.20,000/-) properties owned, acquired or inherited by him/her his/her family members in the prescribed proforma in the said rule as Annexures I and II before 15th January of each year.
2. According to sub-rule (8) of rule 9 of the Andhra Pradesh Civil Services (Conduct) Rules, 1964 the Government or any authority empowered by them in this behalf may at any time by general or special order, require a Government employee to submit within a specified period, a full and complete statement of all immovable properties and movable properties.

3. Keeping the observations in the Annual Report of A.P. Vigilance Commission for the year 1996-1997, instructions were issued in the reference third cited directing the Controlling Officers or Chief Vigilance Officers/Vigilance Officers of Concerned Departments to scrutinize thoroughly the Annual Property Returns submitted by their subordinates and call for the clarifications from the Government Departments in case of doubts and to ensure submission of the returns by all concerned as such scrutiny would help to check the corruption of the Government employees to some extent at the initial stage itself.

4. Further as per observations made in the High Level Committee Meeting held on 8-1-2003 in the Chambers of Chief Secretary, while reiterating the instructions issued in the references third and fourth cited, the Controlling Officers or Chief Vigilance Officers/ Vigilance Officers of concerned Departments were once again requested to ensure that every Government employee other than a member of the Andhra Pradesh Last Grade Service and Record Assistant in the Andhra Pradesh General Sub-ordinate Service, invariably submit his/ her Annual Property Statement Returns every year by 15th January.

5. The Director General, Anti-Corruption Bureau, A.P., Hyderabad in the reference sixth cited, has informed that in many instances when the concerned authorities are addressed by the Anti-Corruption Bureau for furnishing information pertaining to the Annual Property Returns filed by the Accused Officers and their pay particulars, they are receiving replies stating that no Annual Property Returns are filed or they are not traceable with the Government. But the Annual Property Returns are required for the purpose of proving the case of assets disproportionate to the known sources of income of a Government Servant or otherwise. He has therefore requested to issue orders to the concerned authorities/ Departments for strict compliance of sub-rule (7) of rule 9 of the Andhra Pradesh Civil Services (Conduct) Rules, 1964 and also requested to make the concerned Controlling Officers accountable for ensuring that all Subordinate Officers file Annual Property Returns as per the Rules.

6. While reiterating the  instructions issued in the references third & fourth cited, Government further direct the Controlling Officers or Chief Vigilance Officers / Vigilance Officers of concerned Departments to ensure that every Government employee other than a member of the Andhra Pradesh Last Grade Service and Record Assistant in the Andhra Pradesh General Sub-ordinate Service, invariably submit his/ her Annual Property Statement Returns every year by 15th January as required under sub-rule (7) of rule 9 of the Andhra Pradesh Civil Services (Conduct) Rules 1964. It may be impressed on the employees that non-compliance of such instructions will attract disciplinary action.

7. The Heads of Departments concerned shall ensure that the employees under their control submit the Annual Property Statements and a certificate should be submitted to this effect by the Heads of Departments to the concerned Administrative Department at Secretariat level.

8. All the Special Chief Secretaries/ Principal Secretaries/ Secretaries to Government and Heads of Departments etc are requested to list out the employees who have not furnished their Annual Property Returns as on 15.1.2005 and thereafter issue show cause notices to each as to why disciplinary action shall not be taken against them and if within a reasonable time thereafter the Annual Property Returns are not received, or if the explanation to the query raised is not given or if given, but found not satisfactory, then they are requested to award “Censure” to the employee concerned.

9. All the Departments of Secretariat, all Heads of Departments, and all District Collectors are requested to bring the above rule position to the notice of all the employees working under their control for their strict compliance.
              
                                                                       J. HARINARAYANA
                                                 CHIEF SECRETARY TO GOVERNMENT

To
All Special Chief Secretaries/Prl. Secretaries/Secretaries to Government.
All Departments of Secretariat.
All Heads of Departments.
All District Collectors.
All Services Sections of General Admiistration Department.
The General Admiistration (Special.C) Department.
The Director General, Anti-Corruption Bureau, Hyd.
The Law (E) Dept.,
The Secretary, APPSC, Hyd.
The Secretary to Vigilance Commissioner, APVC, Hyderabad.
The Registrar, Hon’ble AP Administrative Tribunal, Hyderabad.
The Registrar, Hon’ble High Court of A.P., Hyd.
SF/SC.

                                           // FORWARDED BY ORDER //
                                                    
                                                                                              SECTION OFFICER