GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

 Municipal Administration and Urban Development - Town Planning - Appeal - Sri K.I.Newton, Junior Assistant Discharged from Service by the Director of Town and Country Planning - Appeal against the Violation of Statutory rules - Appeal Examined - Seta side the orders of the Director of Town and Country Planning - Orders - Issued.

MUNICIPAL ADMINISTRATION & URBANDEVELOPMENT (B2) DEPARTMENT

 G.O.Ms.No.149.M.A.                      Dated: 9th March, 2000.

Read the following:-

                       1. From Sri K.I.Newton, Junior Assistant appeal dated                                 13.10.1997.

                       2. From the Director of Town and Country Planning, Letter                              No.15296/97/E4,dated 2.1.1998.

                       3. Representation of Sri K.I.Newton, Junior Assistant, dated                             29.5.1998.

                       4. From the Director of Town and Country Planning, Letter         

                            No.15296/97/E4,dated 19.7.1998.

***

O RD E R:

                        In his representations 1st and 3rd read above, Sri K.I.Newton has submitted that hewas selected by the Andhra Pradesh Public Service Commission and alloted to the Office ofthe Director of Town and Country Planning, Hyderabad as L.D.C. (now Junior Assistant).  He is also under went training for a period ofthree months.  Thus he is regular JuniorAssistant born on the service right from the date of Joining.  But, unfortunately the Director of Town andcountry Planning treated him as an emergency candidate and discharged him from service onthe ground that he was on leave at frequent intervals.  The Director of Town and Country Planning had not followed rule 19 (2) (a)and (c) of the A.P.Civil Services (CCA) Rules, 1963, when these statutory rules were inforce at the time of his being discharged from service unilaterally.  “Discharging” of a regular employee fromservice i.e. removal from service which is a major punishment under rule 8 of theaforesaid rules warranting inquiry before inflicting such a punishment.

2.                    He further submitted that rule 19 (2) lays down that the authority competent toimpose the penalty shall appoint an Inquiry Officer or shall itself hold an inquiry eithersuomoto  on a direction from a higherauthority.  In this case the competentauthority is the Director, either he ought to have appointed an Inquiry Officer to inquireinto the allegations reported to have been levelled against him or ought to have takendirection from the Government in case of suo-moto  Inquiry.  The Director of Town andCountry Planning had not followed either of the Course as the statutory rule specificallymaidated by him.  Consequently, Director alsofailed to conduct an oral Inquiry during the course of regular Inquiry nor desired him tobe heard in person.  Director also failed tofurnish a copy of form-1 prescribed under the C.C.A. rules, and failed to consult theAndhra Pradesh Public Service Commission as required under sub-clause (c) of 19 (2) beforedischarging him from service as the punishment imposed on him is a major one.

 3.                    Sri K.I.Newton, therefore, pray the Government that the proceedings of the Directorof Town and Country Planning be set-aside as illegal and that he may be reinsted in toservice as Junior Assistant.

4.                    In his letter Roc.No.11071/91/A2, dated 26.5.1992. The Director of Town and Country Planning has reported that the Rule 19 (2) (A) ofthe C.C.A. Rules 1963, it is categorically stated that the authority competent to imposepenalities in Item-IV, VI, VII and VIII of Rule and shall appoint an Enquiry Officer, whoshall be superior in Rank to the person on whom it is proposed to impose the penalityshall itself held an enquiry either suo-moto of on a direction from a higher authority.  In this instant case, the Director of Town andCountry Planning who is competent to impose any of the punishments envisaged in Rule 8 ofC.C.A. Rules 1963, has issued charge Memo. and show cause Notice, which amounts that theDirector of Town and Country Planning himself conducted enquiry suo-moto by himself and assuch there is no need to appoint any Enquiry Officer under Rule 19 (2) (a) of C.C.A.Rules, 1963.  Further the Director of Town andCountry Planning has called for the explanation of Sri K.I.Newton for his willfull absencefrom 25.6.1990. (vide Memo. dated 31.8.19980)  Whichwas received by him on 8.9.1990.  As no replywas received.  Again the Officer of theDirector of Town and Country Planning has issued shown cause notice to the said JurniorAssistant, indicating the punishment of discharge from duty and directed him to submit hisdefence statement, but he has not submitted his reply to the show-cause Notice.  The Director of Town and Country Planning afterconsidering all the aspects has issued final orders on 21.3.1991.  As the registered covers sent to him to the knownaddresses were returned back stating that “out of station” the said orders weregot published in the A.P.Gazette on 30.5.1991.

 5.                    In the Government Memo.No.1134/B2/91-3.M.A., dated 27.3.1992, Government have askedthe Director of Town and Country Planning why he has not followed prescribed procedurelaid down under A.P.Civil Services (CCA) Rules 1963, while discharging Sri.K.I.Newton,Junior Assistant from service.  In thisconnection the Director of Town and Country Planning has reported that they are follow theprocedures laid down in the C.C.A. Rules 1963.  Asseen from the proceedings of the Director of town and Country Planning (Roc.No.9187/90/A2,dated 21.3.1991)  other materials of theDirector of Town and Country Planning it reveals that the detailed procedure as envisagedin A.P.Civil Services (CCA) Rules was not followed in full. According to A.P.Civil Services (CCA) Rules there is no punishment of“Discharge from Service”.

 6.                    In view of the above facts of the case, Government have allowed the appeal of thesaid Junior Assistant in exercising the powers under Rule 37 of the A.P.Civil Services(CCA) Rules, 1991 and decide to set-a-side the orders of the Director of Town and CountryPlanning  and to direct the Director of Townand country Planning to follow A.P.Civil Services rules and take the action against theOfficial.   

 7.                    Government hereby set-a-side the proceedings of the Director of Town and CountryPlanning Proceedings Roc.No.9187/90/A2, dated 21.3.1991 with immediate effect and he hasalso direct to follow A.P.Civil Services Rules and take action against the Official.

 

( BY ORDER AND IN THE NAME OF THEGOVERNOR OF ANDHRA PRADESH )

                                                       N.S.HARIHARAN,

                                                 PRINCIPAL SECRETARY TO GOVERNMENT.

To

The Director of Town and Country Planning,Andhra Pradesh, Hyderabad.

The Individual through the Director of Townand Country Planning, Andhra Pradesh, Hyderabad.     

                                                                                                                     

Copy to:-

The Accountant General, Andhra Pradesh,Hyderabad.

The Pay & Accounts Officer, AndhraPradesh, Hyderabad.

The Director of Treasuries and Accounts,Andhra Pradesh, Hyderabad.

SF/SC.

 

//FORWARDED::BY ORDER//

                                         SECTION OFFICER.