(b) All proceedings instituted under these Rules at the beginning of these Rules shall be continued and disposed of, to the extent permitted by the provisions of these Rules, as if they were proceedings under these Rules. Explanatory note: — It is not necessary to conduct an investigation in the manner provided for in this Regulation or to hear in person whether the rank on the seniority list (lists A and B) is reduced by police officers qualified for promotion as police chiefs in the subordinate service of the Andhra Pradesh Police Service or the Special Police Service of Andhra Pradesh. (b) The disciplinary authority shall also transmit to the investigating authority the documents received in accordance with paragraph 5 (g) as soon as they have been received.] Order: – In accordance with the provisions of the Andhra Pradesh Civil Service (Classification, Control and Appeal) Regulations 1991, the competent disciplinary authority should, after careful consideration, issue orders in the appropriate form annexed to this Order, as follows: Note: – If the staff member requests orally or in writing copies of the statements of witnesses on the list referred to in paragraph 3, The investigating authority shall provide such copies on behalf of the disciplinary authority as soon as possible and no later than three days before the start of the examination of witnesses. Under the old rule, the presenting officer has the right to re-examine witnesses, etc., without the permission of the investigating authority. Sri………….. (name)………….. (Office where work is carried out) is informed that action is proposed to be taken against him in accordance with section 22 of the Andhra Pradesh Civil Service (Classification, Control and Appeal) Regulations 1991. A statement of attribution of fault or fault, on the basis of which measures are proposed, shall be attached. Under the old rule, the government employee must appear in person before the investigating authority within a maximum of thirty days.
(ii) If the retired government employee is also a lawyer, the restrictions set out in section 20(8)(b) of the Andhra Pradesh Civil Service (Classification, Control and Appeal) Regulations 1991 apply to the appointment of a solicitor by a defaulting official to present the case on his or her behalf. (b) If the staff member informs the investigating authority that he or she wishes to inspect the documents referred to in paragraph 3 for the purpose of preparing his or her defence, the investigating authority shall order that the staff member be able to inspect the documents within five days and the removal officer shall arrange for the inspection. (iii) If the enhanced sanction that the appellate authority intends to impose is one of the sanctions referred to in Rule 9 (items (vi) to (x)) and an investigation under Rule 20 has already been conducted in the case, the appellate authority shall make such orders as it deems appropriate [after the appellant has had a reasonable opportunity to make representations]; 20. (1) An order to impose any of the sanctions referred to in Rule 9 (vi) to (x) may be made only after an inquiry to the extent provided for in this section and Rule 21 or the Civil Servants (Inquiry) Act, 1850 (Central Act 37 of 1850) or the Andhra Pradesh Civil Service (Disciplinary Procedure Tribunal) Act. 1960 or the Andhra Pradesh Lokayukta and Upa-Lokayukta Act 1983, where such an investigation is conducted under those Acts. There is no change between the old rule and the new rule. (5) (b) In the absence of a written statement of defence from the public official, the disciplinary authority may itself review the statutes or, if it considers it necessary, designate an investigating authority for that purpose in accordance with paragraph 2 of this article; Under the old rule, the disciplinary authority appoints an investigating authority. (5) (a) Upon receipt of the written defence, the disciplinary authority may itself consider inadmissible indictments or, if it deems it necessary, designate an investigating authority for that purpose in accordance with sub-rule 2 of paragraph 2, provided that the staff member has admitted all the charges in his or her written defence. the disciplinary authority shall record its findings on each count, after gathering any evidence it considers relevant, and shall act in accordance with Article 21; (P.P. P.C. Rule 8(5)(c) Public Service (C.C.A.) Regulations, 1991) Under the old rule, oral and written evidence must be presented by the disciplinary authority or on behalf of the disciplinary authority. Under the old rule, the government employee is entitled to receive a copy of the list of other evidence to be presented upon request.
(b) conduct an investigation in accordance with paragraphs [(3) to (18)] of rule 20 in all cases where the disciplinary authority considers such an investigation necessary; (a) if the procedure under this Regulation has, if not, if such non-compliance has resulted in a breach of the provisions of the Constitution of India or a breach of justice: Form of suspension (if an indictment has been issued) pursuant to section 8(1) of the Andhra Pradesh Civil Service (CCA) Regulations 1991 In a new rule, A depositary or other authority may notify the head of the department or the secretary of the ministry concerned. decide in this regard that the production of all or part of these seized documents would be contrary to the public interest or to the security of the State. The disciplinary authority, in turn, forwards the information to the government employee to withdraw the request for production or discovery of the records. (iii) if the presenting agent is appointed in accordance with Rule 20, paragraph 5(c), in accordance with the instructions in the memorandum. N° 22/Ser.C/93, Département G.A.(Ser.C) of 01.05.1993 and in the format G.O. Ms. n° 82, Département G.A.(Ser.C) of 01-03-96. The old rule did not provide for the deferral of the presentation of evidence by the defence. In the new rule, evidence, oral and written evidence, must not only be presented, but also recorded, so that it is noted, so that it becomes part of the protocol day by day until the evidence is completed by or on behalf of the disciplinary authority. (13) Upon receipt of the request referred to in subsection (12), any authority holding or holding the requested documents shall submit them to the applicant authority and the request for documents may be made either on the initiative of the Member or by the applicant authority suo motu: Andhra Pradesh Public Services (Classification, Control and Appeal) Rules 1991 Under the old rule, A copy of the defence shall be sent to the referring official.
and not given to the government employee.