16. (1) Where, on promotion or transfer, a member of a service in a class,
category or grade is holding an appointment in another class, category or grade
thereof or in another service, State or Subordinate, no penalty shall be imposed
upon him in respect of his work or conduct before such promotion or transfer except
by authority competent to impose the penalty upon a member of the service in the
latter class, category, grade or service, as the case may be. This provision shall
apply also to cases of transfer or promotion of a person from a post under the
jurisdiction of one authority to that of another authority within the same class,
category or grade;
Provided that the authority which may impose any of the penalties on a
member of the Andhra Pradesh Police Subordinate Service or the Andhra Pradesh
Special Armed Police Service or the Deputy Superintendent of Police or Assistant
Commissioner of Police in category 2 and the Inspector of Police in category 4 of the
Andhra Pradesh Police Service in cases not involving promotion or appointment by
transfer, shall be the competent authority having jurisdiction over such member at
the time of commission of such act or omission, as the case may be or any authority
to which it is subordinate;
Provided further that in 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 a record of enquiry in a disciplinary case from the competent
authority to any other authority holding the same rank for disposal.
(2) Where a person has been reverted or reduced from a State Service to a
Subordinate Service, or from one service to another or from one class, category or
grade of a service to another class, category or grade thereof, no penalty shall be
imposed upon him in respect of his work or conduct while he was a member of the
service, class, category or grade, as the case may be, from which he was reverted
or reduced, except by an authority competent to impose the penalty upon a member
of such service, class, category or grade.
category or grade is holding an appointment in another class, category or grade
thereof or in another service, State or Subordinate, no penalty shall be imposed
upon him in respect of his work or conduct before such promotion or transfer except
by authority competent to impose the penalty upon a member of the service in the
latter class, category, grade or service, as the case may be. This provision shall
apply also to cases of transfer or promotion of a person from a post under the
jurisdiction of one authority to that of another authority within the same class,
category or grade;
Provided that the authority which may impose any of the penalties on a
member of the Andhra Pradesh Police Subordinate Service or the Andhra Pradesh
Special Armed Police Service or the Deputy Superintendent of Police or Assistant
Commissioner of Police in category 2 and the Inspector of Police in category 4 of the
Andhra Pradesh Police Service in cases not involving promotion or appointment by
transfer, shall be the competent authority having jurisdiction over such member at
the time of commission of such act or omission, as the case may be or any authority
to which it is subordinate;
Provided further that in 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 a record of enquiry in a disciplinary case from the competent
authority to any other authority holding the same rank for disposal.
(2) Where a person has been reverted or reduced from a State Service to a
Subordinate Service, or from one service to another or from one class, category or
grade of a service to another class, category or grade thereof, no penalty shall be
imposed upon him in respect of his work or conduct while he was a member of the
service, class, category or grade, as the case may be, from which he was reverted
or reduced, except by an authority competent to impose the penalty upon a member
of such service, class, category or grade.