G.O.Ms.No.257, Dated:10-06-1999. State andSubordinate Services – Appointment by Promotion/Transfer to higher categories ofEmployees who are facing disciplinary case – Guidelines

                        GOVERNMENTOF ANDHRA PRADESH

                                               ABSTRACT

Public Services – State andSubordinate Services – Appointment by Promotion/Transfer to higher categories ofEmployees who are facing disciplinary case – Guidelines – Issued.

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

GENERAL ADMINISTRATION(SER.C) DEPARTMENT

G.O.Ms.No.257.                                                             Dated:10-06-1999.

Read the following:

1. G.O.Ms.No.424, GA (Ser.C) Dept., dt.25-05-76.
2. G.O.Ms.No.104, GA (Ser.C) Dept., dt.16-02-1990.
3. G.O.Ms.No.66, GA (Ser.C) Dept., dt.30-01-91.
4. From the Dept. of Personnel & Training, Ministry of Personnel, Public Grievances & Pensions Govt.of India, Memo.No.22011/4/91-Estt. (A), dt.14-09-1992.
5. G.O.Ms.No.74, GA (Ser.C) Dept., dt.24-02-94.
6. G.O.Ms.No.203, GA (Ser.C) Dept., dt.05-05-99.

O R D E R:
-------------
In the G.Os 1^st to 3^rdread above, orders were issued enunciating guidelines for consideration of employees whoare facing disciplinary enquiries in regard to their appointment by promotion or transferto higher categories.
2. In the reference fourth readabove, the Ministry of Personnel, Public Grievances and Pensions, Government of India haveissued guidelines in regard to consideration of Government servants against whomdisciplinary or court proceedings are pending or whose conduct is under investigation, forpromotion to next higher categories. Keeping in view the said guidelines, orders have beenissued in the G.O. fifth read above, for consideration of employees for adhoc promotionwhere the disciplinary case/criminal prosecution against the Govt. employees is notconcluded even after the expiry of two years from the date of the meeting of the firstDepartmental Promotion Committee, in which the employee was considered, in case theemployee is not under suspension.
3. It has come to the notice ofGovernment, that the guidelines issued in the said orders are not being strictly adheredto in several departments and adhoc promotion is being considered on the simple ground,that two years period has elapsed after institution of disciplinary proceedings againstthe employee without going into the desirability of making adhoc promotion in such case.The Government have carefully reviewed the issue and accordingly it has been decided tocancel the orders issued in the G.O. fifth read above and issue suitable guidelines on thesubject.
4. Accordingly, orders issued in theG.O.Ms.No.74, Genl.Admn.(Ser.C) Department, dated the 24^th February, 1994 arehereby cancelled with immediate effect.
5. Government also order that withimmediate effect the following procedure and guidelines, be followed to consider theemployees against whom disciplinary cases or criminal prosecution are pending or whoseconduct is under investigation, for appointment by promotion or transfer, to next highercategories.

1. The details of employees in the zone of consideration for promotion falling under the following categories should be specifically brought to the notice of the Departmental Promotion Committees or Screening Committees:-
(i) Officers under suspension;
(ii) Officers in respect of whom a charge sheet has been issued and the disciplinary proceedings are
pending;
(iii) Officers in respect of whom prosecution for a criminal charge is pending.

2. Officers who are facing enquiry, trial or investigation can be categorised into the following groups based on the nature of the allegations of charges pending against them or about to be instituted namely:-
(i) an officer with a clean record, the nature of charges or allegations against whom relate to minor
lapses having no bearing on his integrity or efficiency, which even if held proved, would not stand
in the way of his being promoted;
(ii) an officer whose record is such that he would not be promoted, irrespective of the allegations or
charges under enquiry, trial or investigation; and
(iii) an officer whose record is such that he would have been promoted had he not been facing enquiry,
trial or investigation, in respect of charges which, if held proved, would be sufficient to supersede
him.

3. The suitability of the officers for inclusion in the panel should be considered on an overall assessment based on the record which should include namely:-

(i) Adverse remarks recorded in theAnnual Confidential reports, the penalties awarded and the bad
reputation of the officer asvouchsafed by the Head of the Department and the Secretary to
Government of the Departmentconcerned;
The above cases should be consideredas falling under category (ii) of item (B) above.
(ii) The officers who do not haveany adverse entry in the Annual Confidentail Report, and who have
no penalties awarded against them inthe entire duration of the post and not merely in the past five
years and whose reputation isvouchsafed by the Head of the Department and Secretary to
Government of the Departmentconcerned should be considered as falling under category (iii) of
item (B) above.
The officers categorised as underitem (iii) of G.O.Ms.No.424, GA (Ser.C) Dept., dated 25-05-76 as mentioned above onlyshould be considered for adhoc promotion after completion of two years from the date ofthe Departmental Promotion committee or Screening committee Meeting in which their caseswere considered for the first time.
6. The appointing authority shouldconsider and decide that it would not be against public interest to allow adhoc promotionto the officer concerned and this shall be decided with reference to the charge underenquiry. If the charge is one of moral turpitude, misappropriation, embezzlement and gravedereliction of duty then the appointing authority should consider as not in the publicinterest to consider adhoc promotion to such charged officer. But, however, if the chargeis not a grave one but is a minor one, not involving moral turpitude, embezzlement andgrave dereliction of duty then only in such cases he appointing authority should considerthat it would not be against public interest to allow adhoc promotion because till thenhis record is clean with reference to ACRs, past punishment and reputation in thedepartment as vouchsafed by the Head of the Department and Secretary to Government. Theappointing authorities should strive to finalise the disciplinary cases pursuing themvigorously so that within two years the proceedings are concluded and final orders issued.
7. If the Officer concerned isacquitted, in the criminal prosecution on the merits of the case or is fully exonerated inthe departmental proceedings, the adhoc promotion already made may be confirmed and thepromotion treated as a regular one from the date of the adhoc promotion with all attendantbenefits. In case the officer could have normally got his regular promotion from a dateprior to the date of his adhoc promotion with reference to his placement in theDepartmental Promotion Committee proceedings and the actual date of promotion of theperson ranked immediately junior to him by the Departmental Promotion committee, he wouldalso be allowed his due seniority and benefit of notional promotion.
8. If the Officer is not acquittedon merits in the criminal prosecution but purely on technical grounds and Governmenteither proposes to take up the matter to a higher Court or to proceed against himdepartmentally or if the Officer is not exonerated in the departmental proceedings, theadhoc promotion granted to him should be brought to an end.
9. All the Departments ofSecretariat and Heads of Departments should follow the above instructions scrupulously andbring it to the notice of all the concerned.
(BY ORDER AND IN THE NAME OFTHE GOVERNOR OF ANDHRA PRADESH)
                                                    V.ANADARAU
                                CHIEFSECRETARY TO GOVERNMENT
To
All Departments of Secretariat.
All Heads of Departments.
All Collectors/District Judges.
The Registrar, A.P. Administrative Tribunal, Hyderabad.
The Registrar, A.P. High Court, Hyderabad.
The Secretary, A.P Public Service commission, Hyderabad.
The Secretary to Vigilance Commissioner, A.P.Vigilance commission, Hyderabad.
All Service Sections in Genl.Admn.Department.
// Forwarded by Order//
Section Officer