20. No order imposing any of the penalties specified in clauses (vi) to (x) of rule 9
shall be made except after an inquiry held, as far as may be, in the manner provided
in this rule and rule 21 or in the manner provided by the Andhra Pradesh Civil
Services (Disciplinary Proceedings Tribunal) Act, 1960 or the Andhra Pradesh
Lokayukta and Upa-Lokayukta Act, 1983, where such inquiry is held under the said
Acts.
(2) Whenever the disciplinary authority is of the opinion that there are grounds for
inquiring into the truth of any imputation of misconduct or misbehavior against a
Government servant, it may itself inquiry into, or appoint under this rule, as the case
may be, authority to inquire into the truth thereof.
EXPLANATION:- Where the disciplinary authority itself holds the inquiry, any
reference to the inquiring authority shall be construed as a reference to the
disciplinary authority.
(3) Where it is proposed to hold an inquiry against a Government servant under this
rule and rule 21, the disciplinary authority or the cadre controlling authority who is not
designated as disciplinary authority and who is subordinate to the appointing
authority can drawn up or cause to be drawn up.
(i) The substance of the imputations of misconduct or misbehavior into definite and
distinct articles of charge.
(ii) A statement of the imputations of misconduct or misbehavior in support of each
article of charge, which shall contain.
(a) A statement of all relevant facts including any; admission or confession made by
the Government servant.
(b) Copies of documents by which and copies of statements of witnesses by whom,
the articles of charge are proposed to be sustained.
NOTE;- Where the documents are voluminous relevant extracts of the documents
may be furnished to the Government.
(2) The disciplinary authority shall deliver or cause to be delivered to the
Government servant a copy of the articles of charge, the statement of the
imputations of misconduct or misbehavior and copies of the statements of witnesses
by which each article of charge is proposed to be sustained and shall require the
Government servant to appear before the disciplinary authority on such day and at
such time NOT EXCEEDING TEN WORKING DAYS and submit a written statement
of his defense and to state whether he desires to be heard in person.
(5) (a) On the date fixed for appearance the Government servant shall submit the
written statement of his defense. He shall be questioned whether he pleads guilty to
the charges or not and if he pleads guilty to all or any of the articles of charges, the
disciplinary authority shall record the plea and obtain the signature of the
Government Servant thereon.
(b) Where the Government Servant appears before the disciplinary authority
and pleads not guilty to the charges or refuses or omits to plead, the disciplinary
authority shall record the plea and obtain signature of the Government servant
thereon and may decide to hold the inquiry itself or if it consider necessary to do so
appoint a serving or retired Government servant as inquiring authority for holding the
inquiry into the charges and also appoint a Government servant as Presenting
Officer to present the case in support of the articles of charge and adjourn the case
to a date not exceeding five days for the said purpose.
(c ) On the date so fixed the disciplinary authority shall by an order appoint the
inquiring authority and shall also appoint a Government servant as Presenting
Officer to present the case in support of the articles of charge.
Provided that the disciplinary authority may if it considers necessary having
regard to the facts and circumstances of the case, appoint a legal practitioner or a
legally trained Government Servant as Presenting Officer.
(d) The disciplinary authority shall serve copies of the orders appointing the
inquiring authority and the Presenting Officer on the Government servant and inform
him that he may take the assistance of any other Government Servant to present the
case on his behalf, but he may not engage a Legal Practitioner for the purpose
unless the Presenting Officer appointed by the disciplinary authority is a legal
practitioner or a legally trained Government Servant.
Provided that no Government servant dealing in his official capacity with the
case of inquiry relating to the person charged or any officer to whom an appeal may
be preferred shall be permitted by the inquiring authority to appear on behalf of the
person charged before the inquiry authority.
Provided further that the Government servant may take the assistance of
any other Government servant posted at any other station, if the inquiring authority
having regard to the circumstances of the case, and for reasons to be recorded in
writing so permits.
NOTE:- (1) The Government Servant shall not take the assistance of
any other Government servant who has pending two disciplinary cases on hand in
which he has to give assistance.
NOTE:- (2) The Government servant shall not take the assistance of
any other Government servant who is dealing in his official capacity with the case of
inquiry relating to the Government servant charged.
The Government servant may also take the assistance of a retired
Government servant to present the case on his behalf, subject to such conditions as
may be specified by the Government from time to time by general or special order in
his behalf.
(e) The disciplinary authority shall inform the Government servant to submit
within five days a list of documents, which he requires to be discovered or produced
by Government for the purpose of his defence indicating the relevance of the
documents so required.
(f) The disciplinary authority may for reasons to be recorded in writing refuse
to requisition such of the documents as are, in its opinion, not relevant to the case.
(g) The disciplinary authority shall on receipt of the notice for the discovery or
production of documents, forward the same or copies thereof to the authority in
whose custody or possession the documents are kept with a requisition for the
production of the documents by such date as may be specified in such requisition.
(h) On receipt of the requisition referred to in sub-rule (5) (g) every authority
having the custody or possession of the requisitioned documents shall produce the
same before the disciplinary authority
Provided that if the authority having the custody or possession of the
requisitioned documents is satisfied for reasons to be recorded by it in writing that
the production of all or any such documents would be against the public interest or
security of the state, shall submit the fact to the Head of Department or to the
Secretary of the Department concerned for a decision in the matter. Such decision
shall be informed to the disciplinary authority and the disciplinary authority shall on
being so informed communicate the information to the Government servant and
withdrawn the requisition made by it for the production or discovery of such
documents.
(6) Where the Government servant to whom a copy of the article of charge has been
delivered does not submit the written statement of defence on or before the date
specified for the purpose or does not appear in person before the disciplinary
authority, the disciplinary authority may decide to hold the inquiry ex-parte or if it
considers necessary so to do, appoint an inquiry authority for the purpose.
(7) (a) The disciplinary authority shall, where it is not the inquiring authority, forward
to the inquiring authority.
(i) a copy of the articles of charge and the statement of the imputations of
misconduct or misbehavior;
(ii) a copy of the written statement of defence, if any submitted by the Government
servant;
(iii) copies of the statements of witnesses, referred to in sub-rule (3);
(iv) copies of documents referred to in sub-rule (3);
(v) evidence proving the delivery of copies of the documents referred to in sub-rule
j(3) to the Government servant; and
(vi) a copy of the order appointing the “Presenting Officer”.
(b) The disciplinary authority shall also forward to the inquiring authority
documents received under sub-rule 5(h) as and when they are received.
(8) After receiving the documents mentioned under sub-rule 7(a) the inquiring
authority shall issue a notice in writing to the Presenting Officer and also to the
Government servant to appear before him on such day and at such time and place
specified by him which shall not exceeds ten days.
(9) (a) The presenting Officer and Government servant shall appear before the
inquiring authority on the date fixed under sub-rule (8).
(b) If the Government servant informs the inquiring authority that he wishes to
inspect the documents mentioned in sub-rule (3) for the purpose of preparing his
defence, the inquiring authority shall order that he may inspect the documents within
five days and the presenting Officer shall arrange for the inspection accordingly.
(c) The inquiring authority shall call upon the Government servant whether he admits
the genuineness of any of the documents copies of which have been furnished to
him and if he admits the genuineness of any document it may be taken as evidence
without any proof by the concerned witness.
(d) The inquiring authority shall adjourn the case for inquiry to a date not exceeding
ten days for production of evidence and require the Presenting Officer to produce the
evidence by which he proposes to prove the articles of charges.
(10) (a) On the dates fixed for recording the evidence, the oral and documentary
evidence by which the articles of charges are proposed to be proved shall be
produced by or on behalf of the disciplinary authority.
(b) The evidence shall be recorded as far as possible on day-to-day basis till the
evidence on behalf of the disciplinary authority is completed.
(c) The witnesses shall be examined by the Presenting Officer and they may be
cross-examined by or on behalf of the Government servant.
(d) The Presenting Officer shall be entitled to re-examine the witnesses on any
points on which they have been cross examined, but not on any new matter, without
the permission of the inquiring authority.
(e) The inquiring authority may also put such questions to the witnesses as it thinks
fit.
(11) (a) If it appears necessary before the closure of the case on behalf of the
disciplinary authority, the inquiring authority may, in its discretion, allow the
presenting officer to produce evidence not included in the list given to the
Government servant or may itself call for new evidence or recall and re-examine any
witness.
(b) In such case the Government servant shall be entitled to have a copy of the list of
further evidence proposed to be produced and an adjournment of the inquiry for
three clear days before the production of such new evidence, exclusive of the day of
adjournment and the day to which the inquiry is adjourned.
(c) The inquiring authority shall give the Government servant an opportunity of
inspecting such documents before they are taken on the record.
NOTE:- New evidence shall not be permitted or called for and witness shall not
be recalled to fill up any gap in the evidence. Such evidence may be called for only
when there is an inherent lacuna or defect in the evidence which has been produced
originally.
(12) (a) When the case for the disciplinary authority is closed, the Government
servant shall be required to state his defence orally or in writing as he may prefer
and to submit a list of witnesses to be examined on his behalf for which purpose the
case may be adjourned to a date not exceeding five days.
(b) If the defence is made orally, it shall be recorded and the Government servant
shall be required to sign the record. In either case, a copy of the statement of
defence and the list of defence witness may be provided.
(c ) The case shall be adjourned to a date not exceeding ten days for production of
defence evidence.
(13)The evidence on behalf of the Government servant shall then be produced. The
Government servant may examine himself in his own behalf if he so prefers. The
witnesses produced by the Government servant shall then be examined and shall be
liable to cross-examination re-examination and examination by the inquiring authority
according to the provisions applicable to the witnesses for the discipl9inary authority.
(14) The inquiring authority may after the Government servant closes his case, and
shall, If the Government servant has not examined himself, generally question him
on the circumstances appearing against him in the evidence for purpose of enabling
the Government servant to explain any circumstances appearing In the evidence
against him.
(15)The inquiring authority may, after the completion of the production of evidence,
hear the presenting officer, if any appointed, and the Government servant, or permit
them to file written briefs of their respective cases, if they so desire.
(16) (a) Where a disciplinary authority competent to impose any of the penalties
specified in clauses (i) to (v) of rule 9 and in rule 10 but not competent to impose any
of the penalties specified in clauses (vi) to (x) of rule 9, has itself inquired into or
caused to be inquired into the articles of any charge and that authority, having regard
to its own findings or having regard to its decision on any of the findings of any
inquiring authority appointed by it is of the opinion that specified in clauses (vi) to (x)
of rule 9 should be imposed on the Government servant, that authority shall forward
the records of the inquiry to such disciplinary authority as is competent to impose the
last mentioned penalties.
(b) The disciplinary authority to which the records are so forwarded may act on the
evidence on the record or may if it is of the opinion that further examination of any of
the witnesses is necessary in the interests of justice, recall the witnesses and
examine, cross-examine and re-examine the witnesses and may impose on the
Government servant such penalty as it may deem fit in accordance with these rules.
(17) Whenever an inquiring authority, after having heard and recorded the whole or
any part of the evidence in an inquiry ceases to exercise jurisdiction therein, and is
succeeded by another inquiring authority which has and which exercises, such
jurisdiction, the inquiring authority so succeeding may act on the evidence so
recorded by Its predecessor, or partly recorded by its predecessor, and partly
recorded by itself.
Provided that if the succeeding authority is of the opinion that further
examination of any of the witnesses whose evidence has already been recorded is
necessary in the interest of justice, it may recall examine, cross-examine and reexamine
any such witnesses in before provided.
(18)(i) After the conclusion of the inquiry a report shall be prepared and It shall
contain
(a) the articles of charge and the statement of the imputation of misconduct or
misbehavior.
(b) the defense of the Government servant in respect of each article of charge;
(c) An assessment of the evidence in respect of each article of charge;
(d) The findings on each article of charge and the reasons therefor.
Explanation:- If in the opinion of the inquiring authority the proceedings of the
inquiry establish any article of charge different from the original articles of the
charge, it may record its findings on such article of charge.
Provided that the findings on such article of charge shall not be recorded
unless the Government servant has either admitted the facts on which such article of
charge is based or has had a reasonable opportunity of defending himself against
such article of charge.
(vii) The inquiring authority, where it is not itself the disciplinary authority; shall
forward to the disciplinary authority the records of inquiry which; shall include.
(a) the report prepared by it under clause (i);
(b) the written statement of defence, if any, submitted by the Government servant;
(c) the oral and documentary evidence produced in the course of the inquiry;
(d) written briefs, If any, filed by the Presenting officer or the Government servant or
both during the course of the inquiry and
(e) the orders, if any, made by the disciplinary authority and the inquiring authority in
regard to the inquiry.
Explanation:-.It is not necessary to have an inquiry in the manner provided
for in this rule or to hear in person in the case of reduction of rank in seniority list (A
and B lists) of Constables fit for promotion as Head Constables I in the Andhra
Pradesh Police Subordinate Service or Andhra Pradesh Special Armed Police
Service.
(vide G.O. Ms. No. 383, G.A.(Ser.C) Dept., dt: 19.12.2003)
AMENDMENTS
In rule 20, - for sub-rules (3), (4), (5), (6), (7), (10) and (12) the following shall be
substituted, namely:-
“(3) Where it is proposed to hold an inquiry against a Government servant under this
rule and rule 21, the disciplinary authority or the cadre controlling authority who is not
designated as disciplinary authority and who is subordinate to the appointing
authority can draw up or cause to be drawn up—
(i) the substance of the imputations of misconduct or misbehaviour into definite and
distinct articles of charge;
(ii) a statement of the imputations of misconduct or misbehaviour in support of
each article of charge, which shall contain;
(a) a statement of all relevant facts including any admission or confession made
by the Government servant;
(b) a list of documents by which, and a list of witnesses by whom, the articles of
charge are proposed to be sustained.
(4) The disciplinary authority shall deliver or cause to be delivered to the
Government servant a copy of the articles of charge, the statement of the
imputations of misconduct or misbehaviour and a list of documents and witnesses by
which each article of charge is proposed to be sustained and copies of the said
documents and statements of the said witnesses and shall require the Government
servant to appear before the disciplinary authority on such day and at such time not
exceeding ten working days and submit a written statement of his defence and to
state whether he desires to be heard in person.
(5) (a) On the date fixed for appearance, the Government servant shall submit the
written statement of his defence. The disciplinary authority shall ask the
Government servant whether he is guilty or has any defence to make and if he
pleads guilty to any of the articles of charge, the disciplinary authority shall record
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the plea, sign the record and obtain the signature of the Government servant
thereon. The disciplinary authority shall record findings of guilty in respect of those
articles of charge to which the Government servant pleads guilty. Where the
Government servant admits all the articles of charge, the disciplinary authority shall
record its findings on each article of charge after taking such evidence as it may
think fit and shall act in the manner laid down in Rule 21.
(b) Where the Government servant appears before the disciplinary authority and
pleads not guilty to the charges or refuses or omits to plead, the disciplinary authority
shall record the plea and obtain the signature of the Government servant thereon
and may decide to hold the inquiry itself or if it considers it necessary to do so,
appoint an inquiring authority for holding the inquiry into the charges and also
appoint a Government servant or a retired Government servant or a legal practitioner
as Presenting Officer to present the case in support of the articles of charge and
adjourn the case to a date not exceeding five days.
(c) On the day so fixed, the disciplinary authority shall serve copies of the orders
appointing the inquiring authority and the Presenting Officer on the Government
servant and inform him that he may take the assistance of any other Government
servant to present the case on his behalf, but he may not engage a retired
Government servant or a legal practitioner for the purpose unless the Presenting
Officer appointed by the disciplinary authority is one such, or, the disciplinary
authority, having regard to the circumstances of the case, so permits:
Provided that no Government servant dealing in his official capacity with the case of
inquiry relating to the person charged or any officer to whom an appeal may be
preferred shall be permitted by the inquiring authority to appear on behalf of the
person charged before the inquiring authority:
Provided further that the Government servant may take the assistance of any other
Government servant posted at any other station, if the inquiring authority having
regard to the circumstances of the case and for reasons to be recorded in writing, so
permits.
Note (1):- The Government servant shall not take the assistance of any other
Government servant who has pending two disciplinary cases on hand in which he
has to give assistance.
Note (2):- The Government servant may also take the assistance of a retired
Government servant to present the case on his behalf, subject to such conditions as
may be specified by the Government from time to time by general or special order in
this behalf.
(d) The disciplinary authority shall inform the Government servant to submit within
five days a list of documents, which he requires to be discovered or produced by
Government for the purpose of his defence indicating the relevance of the
documents so required.
(e) The disciplinary authority may for reasons to be recorded in writing refuse to
requisition such of the documents as are, in its opinion, not relevant to the case.
(f) The disciplinary authority shall on receipt of the notice for the discovery or
production of documents, forward the same or copies thereof to the authority in
whose custody or possession the documents are kept, with a requisition for the
production of the documents by such date as may be specified in such requisition.
(g) On receipt of the requisition referred to in clause (f) of this sub-rule, every
authority having the custody or possession of the requisitioned documents shall
produce the same before the disciplinary authority:
Provided that if the authority having the custody or possession of the
requisitioned documents is satisfied for reasons to be recorded by it in writing that
the production of all or any of such documents would be against the public interest or
security of the State, shall submit the fact to the Head of the Department or to the
Secretary of the Department concerned for a decision in the matter. Such decision
shall be informed to the disciplinary authority and where the decision is to withhold
production of all or any of such documents, the disciplinary authority shall on being
so informed communicate the information to the Government servant and withdraw
the requisition made by it for the production or discovery of such documents and
where the decision is against withholding the production of all or any of such
documents, every authority having the custody or the possession of such
requisitioned documents shall produce the same before the disciplinary authority.
(6) Where the Government servant to whom a copy of the articles of charge has
been delivered does not submit the written statement of defence on or before the
date specified for the purpose or does not appear in person before the disciplinary
authority or otherwise fails or refuses to comply with the provisions of this rule, the
disciplinary authority may decide to hold the inquiry exparte or if it considers it
necessary so to do, appoint an inquiring authority for the purpose.
(7) (a) The disciplinary authority shall, where it is not the inquiring authority, forward
to the inquiring authority--
(i) a copy of the articles of charge and the statement of the imputations of
misconduct or misbehaviour;
(ii) a copy of the written statement of defence, if any, submitted by the Government
servant;
(iii) copies of the statements of witnesses, referred to in sub- rule (3);
(iv) copies of documents referred to in sub-rule (3);
(v) evidence proving the delivery of copies of the documents referred to in sub-rule
(3) to the Government servant; and
(vi) a copy of the order appointing the Presenting Officer.
(b) The disciplinary authority shall also forward to the inquiring authority
documents received under clause (g) of sub-rule (5) as and when they are received.
(10) (a) On the date fixed for recording the evidence, the oral and documentary
evidence by which the articles of charge are proposed to be proved shall be
produced by or on behalf of the disciplinary authority.
(b) The evidence shall be recorded as far as possible on day-to-day basis
till the evidence on behalf of the disciplinary authority is completed.
(c) The witnesses shall be examined by or on behalf of the Presenting Officer
and they may be cross-examined by or on behalf of the Government servant.
(d) The Presenting Officer shall be entitled to re-examine the witnesses on any
points on which they have been cross-examined, but not on any new matter without
the permission of the inquiring authority.
(e) The inquiring authority may also put such questions to the witnesses as it
thinks fit.
(12) (a) When the case for the disciplinary authority is closed, the Government
servant shall be required to state his defence orally or in writing as he may prefer
and to submit a list of witnesses to be examined on his behalf for which purpose the
case may be adjourned to a date not exceeding five days.
(b) If the defence is made orally, it shall be recorded and the Government
servant shall be required to sign the record. In either case, a copy of the statement
of defence and the list of defence witnesses may be provided to the Presenting
Officer, if any, appointed.
(c) The case shall be adjourned to a date not exceeding ten days for production
of defence evidence.
2. In the Explanation under clause (ii) of sub-rule (18), the word ‘Armed’ shall be
omitted.
(G.O Ms. No. 337, G.A. (Ser-C) Dept., dt: 22.7.2006)
shall be made except after an inquiry held, as far as may be, in the manner provided
in this rule and rule 21 or in the manner provided by the Andhra Pradesh Civil
Services (Disciplinary Proceedings Tribunal) Act, 1960 or the Andhra Pradesh
Lokayukta and Upa-Lokayukta Act, 1983, where such inquiry is held under the said
Acts.
(2) Whenever the disciplinary authority is of the opinion that there are grounds for
inquiring into the truth of any imputation of misconduct or misbehavior against a
Government servant, it may itself inquiry into, or appoint under this rule, as the case
may be, authority to inquire into the truth thereof.
EXPLANATION:- Where the disciplinary authority itself holds the inquiry, any
reference to the inquiring authority shall be construed as a reference to the
disciplinary authority.
(3) Where it is proposed to hold an inquiry against a Government servant under this
rule and rule 21, the disciplinary authority or the cadre controlling authority who is not
designated as disciplinary authority and who is subordinate to the appointing
authority can drawn up or cause to be drawn up.
(i) The substance of the imputations of misconduct or misbehavior into definite and
distinct articles of charge.
(ii) A statement of the imputations of misconduct or misbehavior in support of each
article of charge, which shall contain.
(a) A statement of all relevant facts including any; admission or confession made by
the Government servant.
(b) Copies of documents by which and copies of statements of witnesses by whom,
the articles of charge are proposed to be sustained.
NOTE;- Where the documents are voluminous relevant extracts of the documents
may be furnished to the Government.
(2) The disciplinary authority shall deliver or cause to be delivered to the
Government servant a copy of the articles of charge, the statement of the
imputations of misconduct or misbehavior and copies of the statements of witnesses
by which each article of charge is proposed to be sustained and shall require the
Government servant to appear before the disciplinary authority on such day and at
such time NOT EXCEEDING TEN WORKING DAYS and submit a written statement
of his defense and to state whether he desires to be heard in person.
(5) (a) On the date fixed for appearance the Government servant shall submit the
written statement of his defense. He shall be questioned whether he pleads guilty to
the charges or not and if he pleads guilty to all or any of the articles of charges, the
disciplinary authority shall record the plea and obtain the signature of the
Government Servant thereon.
(b) Where the Government Servant appears before the disciplinary authority
and pleads not guilty to the charges or refuses or omits to plead, the disciplinary
authority shall record the plea and obtain signature of the Government servant
thereon and may decide to hold the inquiry itself or if it consider necessary to do so
appoint a serving or retired Government servant as inquiring authority for holding the
inquiry into the charges and also appoint a Government servant as Presenting
Officer to present the case in support of the articles of charge and adjourn the case
to a date not exceeding five days for the said purpose.
(c ) On the date so fixed the disciplinary authority shall by an order appoint the
inquiring authority and shall also appoint a Government servant as Presenting
Officer to present the case in support of the articles of charge.
Provided that the disciplinary authority may if it considers necessary having
regard to the facts and circumstances of the case, appoint a legal practitioner or a
legally trained Government Servant as Presenting Officer.
(d) The disciplinary authority shall serve copies of the orders appointing the
inquiring authority and the Presenting Officer on the Government servant and inform
him that he may take the assistance of any other Government Servant to present the
case on his behalf, but he may not engage a Legal Practitioner for the purpose
unless the Presenting Officer appointed by the disciplinary authority is a legal
practitioner or a legally trained Government Servant.
Provided that no Government servant dealing in his official capacity with the
case of inquiry relating to the person charged or any officer to whom an appeal may
be preferred shall be permitted by the inquiring authority to appear on behalf of the
person charged before the inquiry authority.
Provided further that the Government servant may take the assistance of
any other Government servant posted at any other station, if the inquiring authority
having regard to the circumstances of the case, and for reasons to be recorded in
writing so permits.
NOTE:- (1) The Government Servant shall not take the assistance of
any other Government servant who has pending two disciplinary cases on hand in
which he has to give assistance.
NOTE:- (2) The Government servant shall not take the assistance of
any other Government servant who is dealing in his official capacity with the case of
inquiry relating to the Government servant charged.
The Government servant may also take the assistance of a retired
Government servant to present the case on his behalf, subject to such conditions as
may be specified by the Government from time to time by general or special order in
his behalf.
(e) The disciplinary authority shall inform the Government servant to submit
within five days a list of documents, which he requires to be discovered or produced
by Government for the purpose of his defence indicating the relevance of the
documents so required.
(f) The disciplinary authority may for reasons to be recorded in writing refuse
to requisition such of the documents as are, in its opinion, not relevant to the case.
(g) The disciplinary authority shall on receipt of the notice for the discovery or
production of documents, forward the same or copies thereof to the authority in
whose custody or possession the documents are kept with a requisition for the
production of the documents by such date as may be specified in such requisition.
(h) On receipt of the requisition referred to in sub-rule (5) (g) every authority
having the custody or possession of the requisitioned documents shall produce the
same before the disciplinary authority
Provided that if the authority having the custody or possession of the
requisitioned documents is satisfied for reasons to be recorded by it in writing that
the production of all or any such documents would be against the public interest or
security of the state, shall submit the fact to the Head of Department or to the
Secretary of the Department concerned for a decision in the matter. Such decision
shall be informed to the disciplinary authority and the disciplinary authority shall on
being so informed communicate the information to the Government servant and
withdrawn the requisition made by it for the production or discovery of such
documents.
(6) Where the Government servant to whom a copy of the article of charge has been
delivered does not submit the written statement of defence on or before the date
specified for the purpose or does not appear in person before the disciplinary
authority, the disciplinary authority may decide to hold the inquiry ex-parte or if it
considers necessary so to do, appoint an inquiry authority for the purpose.
(7) (a) The disciplinary authority shall, where it is not the inquiring authority, forward
to the inquiring authority.
(i) a copy of the articles of charge and the statement of the imputations of
misconduct or misbehavior;
(ii) a copy of the written statement of defence, if any submitted by the Government
servant;
(iii) copies of the statements of witnesses, referred to in sub-rule (3);
(iv) copies of documents referred to in sub-rule (3);
(v) evidence proving the delivery of copies of the documents referred to in sub-rule
j(3) to the Government servant; and
(vi) a copy of the order appointing the “Presenting Officer”.
(b) The disciplinary authority shall also forward to the inquiring authority
documents received under sub-rule 5(h) as and when they are received.
(8) After receiving the documents mentioned under sub-rule 7(a) the inquiring
authority shall issue a notice in writing to the Presenting Officer and also to the
Government servant to appear before him on such day and at such time and place
specified by him which shall not exceeds ten days.
(9) (a) The presenting Officer and Government servant shall appear before the
inquiring authority on the date fixed under sub-rule (8).
(b) If the Government servant informs the inquiring authority that he wishes to
inspect the documents mentioned in sub-rule (3) for the purpose of preparing his
defence, the inquiring authority shall order that he may inspect the documents within
five days and the presenting Officer shall arrange for the inspection accordingly.
(c) The inquiring authority shall call upon the Government servant whether he admits
the genuineness of any of the documents copies of which have been furnished to
him and if he admits the genuineness of any document it may be taken as evidence
without any proof by the concerned witness.
(d) The inquiring authority shall adjourn the case for inquiry to a date not exceeding
ten days for production of evidence and require the Presenting Officer to produce the
evidence by which he proposes to prove the articles of charges.
(10) (a) On the dates fixed for recording the evidence, the oral and documentary
evidence by which the articles of charges are proposed to be proved shall be
produced by or on behalf of the disciplinary authority.
(b) The evidence shall be recorded as far as possible on day-to-day basis till the
evidence on behalf of the disciplinary authority is completed.
(c) The witnesses shall be examined by the Presenting Officer and they may be
cross-examined by or on behalf of the Government servant.
(d) The Presenting Officer shall be entitled to re-examine the witnesses on any
points on which they have been cross examined, but not on any new matter, without
the permission of the inquiring authority.
(e) The inquiring authority may also put such questions to the witnesses as it thinks
fit.
(11) (a) If it appears necessary before the closure of the case on behalf of the
disciplinary authority, the inquiring authority may, in its discretion, allow the
presenting officer to produce evidence not included in the list given to the
Government servant or may itself call for new evidence or recall and re-examine any
witness.
(b) In such case the Government servant shall be entitled to have a copy of the list of
further evidence proposed to be produced and an adjournment of the inquiry for
three clear days before the production of such new evidence, exclusive of the day of
adjournment and the day to which the inquiry is adjourned.
(c) The inquiring authority shall give the Government servant an opportunity of
inspecting such documents before they are taken on the record.
NOTE:- New evidence shall not be permitted or called for and witness shall not
be recalled to fill up any gap in the evidence. Such evidence may be called for only
when there is an inherent lacuna or defect in the evidence which has been produced
originally.
(12) (a) When the case for the disciplinary authority is closed, the Government
servant shall be required to state his defence orally or in writing as he may prefer
and to submit a list of witnesses to be examined on his behalf for which purpose the
case may be adjourned to a date not exceeding five days.
(b) If the defence is made orally, it shall be recorded and the Government servant
shall be required to sign the record. In either case, a copy of the statement of
defence and the list of defence witness may be provided.
(c ) The case shall be adjourned to a date not exceeding ten days for production of
defence evidence.
(13)The evidence on behalf of the Government servant shall then be produced. The
Government servant may examine himself in his own behalf if he so prefers. The
witnesses produced by the Government servant shall then be examined and shall be
liable to cross-examination re-examination and examination by the inquiring authority
according to the provisions applicable to the witnesses for the discipl9inary authority.
(14) The inquiring authority may after the Government servant closes his case, and
shall, If the Government servant has not examined himself, generally question him
on the circumstances appearing against him in the evidence for purpose of enabling
the Government servant to explain any circumstances appearing In the evidence
against him.
(15)The inquiring authority may, after the completion of the production of evidence,
hear the presenting officer, if any appointed, and the Government servant, or permit
them to file written briefs of their respective cases, if they so desire.
(16) (a) Where a disciplinary authority competent to impose any of the penalties
specified in clauses (i) to (v) of rule 9 and in rule 10 but not competent to impose any
of the penalties specified in clauses (vi) to (x) of rule 9, has itself inquired into or
caused to be inquired into the articles of any charge and that authority, having regard
to its own findings or having regard to its decision on any of the findings of any
inquiring authority appointed by it is of the opinion that specified in clauses (vi) to (x)
of rule 9 should be imposed on the Government servant, that authority shall forward
the records of the inquiry to such disciplinary authority as is competent to impose the
last mentioned penalties.
(b) The disciplinary authority to which the records are so forwarded may act on the
evidence on the record or may if it is of the opinion that further examination of any of
the witnesses is necessary in the interests of justice, recall the witnesses and
examine, cross-examine and re-examine the witnesses and may impose on the
Government servant such penalty as it may deem fit in accordance with these rules.
(17) Whenever an inquiring authority, after having heard and recorded the whole or
any part of the evidence in an inquiry ceases to exercise jurisdiction therein, and is
succeeded by another inquiring authority which has and which exercises, such
jurisdiction, the inquiring authority so succeeding may act on the evidence so
recorded by Its predecessor, or partly recorded by its predecessor, and partly
recorded by itself.
Provided that if the succeeding authority is of the opinion that further
examination of any of the witnesses whose evidence has already been recorded is
necessary in the interest of justice, it may recall examine, cross-examine and reexamine
any such witnesses in before provided.
(18)(i) After the conclusion of the inquiry a report shall be prepared and It shall
contain
(a) the articles of charge and the statement of the imputation of misconduct or
misbehavior.
(b) the defense of the Government servant in respect of each article of charge;
(c) An assessment of the evidence in respect of each article of charge;
(d) The findings on each article of charge and the reasons therefor.
Explanation:- If in the opinion of the inquiring authority the proceedings of the
inquiry establish any article of charge different from the original articles of the
charge, it may record its findings on such article of charge.
Provided that the findings on such article of charge shall not be recorded
unless the Government servant has either admitted the facts on which such article of
charge is based or has had a reasonable opportunity of defending himself against
such article of charge.
(vii) The inquiring authority, where it is not itself the disciplinary authority; shall
forward to the disciplinary authority the records of inquiry which; shall include.
(a) the report prepared by it under clause (i);
(b) the written statement of defence, if any, submitted by the Government servant;
(c) the oral and documentary evidence produced in the course of the inquiry;
(d) written briefs, If any, filed by the Presenting officer or the Government servant or
both during the course of the inquiry and
(e) the orders, if any, made by the disciplinary authority and the inquiring authority in
regard to the inquiry.
Explanation:-.It is not necessary to have an inquiry in the manner provided
for in this rule or to hear in person in the case of reduction of rank in seniority list (A
and B lists) of Constables fit for promotion as Head Constables I in the Andhra
Pradesh Police Subordinate Service or Andhra Pradesh Special Armed Police
Service.
(vide G.O. Ms. No. 383, G.A.(Ser.C) Dept., dt: 19.12.2003)
AMENDMENTS
In rule 20, - for sub-rules (3), (4), (5), (6), (7), (10) and (12) the following shall be
substituted, namely:-
“(3) Where it is proposed to hold an inquiry against a Government servant under this
rule and rule 21, the disciplinary authority or the cadre controlling authority who is not
designated as disciplinary authority and who is subordinate to the appointing
authority can draw up or cause to be drawn up—
(i) the substance of the imputations of misconduct or misbehaviour into definite and
distinct articles of charge;
(ii) a statement of the imputations of misconduct or misbehaviour in support of
each article of charge, which shall contain;
(a) a statement of all relevant facts including any admission or confession made
by the Government servant;
(b) a list of documents by which, and a list of witnesses by whom, the articles of
charge are proposed to be sustained.
(4) The disciplinary authority shall deliver or cause to be delivered to the
Government servant a copy of the articles of charge, the statement of the
imputations of misconduct or misbehaviour and a list of documents and witnesses by
which each article of charge is proposed to be sustained and copies of the said
documents and statements of the said witnesses and shall require the Government
servant to appear before the disciplinary authority on such day and at such time not
exceeding ten working days and submit a written statement of his defence and to
state whether he desires to be heard in person.
(5) (a) On the date fixed for appearance, the Government servant shall submit the
written statement of his defence. The disciplinary authority shall ask the
Government servant whether he is guilty or has any defence to make and if he
pleads guilty to any of the articles of charge, the disciplinary authority shall record
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the plea, sign the record and obtain the signature of the Government servant
thereon. The disciplinary authority shall record findings of guilty in respect of those
articles of charge to which the Government servant pleads guilty. Where the
Government servant admits all the articles of charge, the disciplinary authority shall
record its findings on each article of charge after taking such evidence as it may
think fit and shall act in the manner laid down in Rule 21.
(b) Where the Government servant appears before the disciplinary authority and
pleads not guilty to the charges or refuses or omits to plead, the disciplinary authority
shall record the plea and obtain the signature of the Government servant thereon
and may decide to hold the inquiry itself or if it considers it necessary to do so,
appoint an inquiring authority for holding the inquiry into the charges and also
appoint a Government servant or a retired Government servant or a legal practitioner
as Presenting Officer to present the case in support of the articles of charge and
adjourn the case to a date not exceeding five days.
(c) On the day so fixed, the disciplinary authority shall serve copies of the orders
appointing the inquiring authority and the Presenting Officer on the Government
servant and inform him that he may take the assistance of any other Government
servant to present the case on his behalf, but he may not engage a retired
Government servant or a legal practitioner for the purpose unless the Presenting
Officer appointed by the disciplinary authority is one such, or, the disciplinary
authority, having regard to the circumstances of the case, so permits:
Provided that no Government servant dealing in his official capacity with the case of
inquiry relating to the person charged or any officer to whom an appeal may be
preferred shall be permitted by the inquiring authority to appear on behalf of the
person charged before the inquiring authority:
Provided further that the Government servant may take the assistance of any other
Government servant posted at any other station, if the inquiring authority having
regard to the circumstances of the case and for reasons to be recorded in writing, so
permits.
Note (1):- The Government servant shall not take the assistance of any other
Government servant who has pending two disciplinary cases on hand in which he
has to give assistance.
Note (2):- The Government servant may also take the assistance of a retired
Government servant to present the case on his behalf, subject to such conditions as
may be specified by the Government from time to time by general or special order in
this behalf.
(d) The disciplinary authority shall inform the Government servant to submit within
five days a list of documents, which he requires to be discovered or produced by
Government for the purpose of his defence indicating the relevance of the
documents so required.
(e) The disciplinary authority may for reasons to be recorded in writing refuse to
requisition such of the documents as are, in its opinion, not relevant to the case.
(f) The disciplinary authority shall on receipt of the notice for the discovery or
production of documents, forward the same or copies thereof to the authority in
whose custody or possession the documents are kept, with a requisition for the
production of the documents by such date as may be specified in such requisition.
(g) On receipt of the requisition referred to in clause (f) of this sub-rule, every
authority having the custody or possession of the requisitioned documents shall
produce the same before the disciplinary authority:
Provided that if the authority having the custody or possession of the
requisitioned documents is satisfied for reasons to be recorded by it in writing that
the production of all or any of such documents would be against the public interest or
security of the State, shall submit the fact to the Head of the Department or to the
Secretary of the Department concerned for a decision in the matter. Such decision
shall be informed to the disciplinary authority and where the decision is to withhold
production of all or any of such documents, the disciplinary authority shall on being
so informed communicate the information to the Government servant and withdraw
the requisition made by it for the production or discovery of such documents and
where the decision is against withholding the production of all or any of such
documents, every authority having the custody or the possession of such
requisitioned documents shall produce the same before the disciplinary authority.
(6) Where the Government servant to whom a copy of the articles of charge has
been delivered does not submit the written statement of defence on or before the
date specified for the purpose or does not appear in person before the disciplinary
authority or otherwise fails or refuses to comply with the provisions of this rule, the
disciplinary authority may decide to hold the inquiry exparte or if it considers it
necessary so to do, appoint an inquiring authority for the purpose.
(7) (a) The disciplinary authority shall, where it is not the inquiring authority, forward
to the inquiring authority--
(i) a copy of the articles of charge and the statement of the imputations of
misconduct or misbehaviour;
(ii) a copy of the written statement of defence, if any, submitted by the Government
servant;
(iii) copies of the statements of witnesses, referred to in sub- rule (3);
(iv) copies of documents referred to in sub-rule (3);
(v) evidence proving the delivery of copies of the documents referred to in sub-rule
(3) to the Government servant; and
(vi) a copy of the order appointing the Presenting Officer.
(b) The disciplinary authority shall also forward to the inquiring authority
documents received under clause (g) of sub-rule (5) as and when they are received.
(10) (a) On the date fixed for recording the evidence, the oral and documentary
evidence by which the articles of charge are proposed to be proved shall be
produced by or on behalf of the disciplinary authority.
(b) The evidence shall be recorded as far as possible on day-to-day basis
till the evidence on behalf of the disciplinary authority is completed.
(c) The witnesses shall be examined by or on behalf of the Presenting Officer
and they may be cross-examined by or on behalf of the Government servant.
(d) The Presenting Officer shall be entitled to re-examine the witnesses on any
points on which they have been cross-examined, but not on any new matter without
the permission of the inquiring authority.
(e) The inquiring authority may also put such questions to the witnesses as it
thinks fit.
(12) (a) When the case for the disciplinary authority is closed, the Government
servant shall be required to state his defence orally or in writing as he may prefer
and to submit a list of witnesses to be examined on his behalf for which purpose the
case may be adjourned to a date not exceeding five days.
(b) If the defence is made orally, it shall be recorded and the Government
servant shall be required to sign the record. In either case, a copy of the statement
of defence and the list of defence witnesses may be provided to the Presenting
Officer, if any, appointed.
(c) The case shall be adjourned to a date not exceeding ten days for production
of defence evidence.
2. In the Explanation under clause (ii) of sub-rule (18), the word ‘Armed’ shall be
omitted.
(G.O Ms. No. 337, G.A. (Ser-C) Dept., dt: 22.7.2006)