GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

Promotion to higher posts of officers facing inquiry in departmental

proceedings or prosecution in a criminal court or whose conduct is under
investigation and against whom departmental proceedings or criminal
prosecution is imminent

GENERAL ADMINISTRATION (SER.C) DEPARTMENT

G.O.Ms.No.424 Dated 25-5-1976

Read the following:-

1. G.O.Ms.No.790, G.A.(Ser.C) Dept., dt. 29-9-70.

2. G.O.Ms.No.211, G.A.(Ser.C) Dept., dt. 31-3-75.

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ORDER:

Government have carefully considered the existing instructions

regarding consideration of the claims for promotion of officers who are
facing enquiry in any departmental proceedings or before a Criminal Court
or whose conduct is under investigation and against whom Departmental
proceedings or Criminal Prosecution is about to be instituted, and have
decided that the following procedure shall be followed in such cases.

2. Officers who are facing enquiry, trial or investigation can be

categorised into the following groups based on the nature of the
allegations / charges pending against them or about to be instituted.

(i) an officer with a clean record, the nature of charges/

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/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 supercede him.

3. The suitability of all officers eligible for promotion including those

mentioned above should be assessed at the time of consideration of
promotion by the Departmental Promotion Committee or other authority, as
the case may be. The Departmental Promotion Committee or other
authority may consider promotion of officers coming under category (i)
above and indicate the rank to be assigned to such officers in the promotion
list, notwithstanding the enquiry, trial or investigation. Similarly,
supercession may be recommended straight away in respect of officers
coming under category (ii), on grounds of their being unfit for promotion. In
the case of officers coming under category (iii) the Departmental Promotion
Committee or other authority should consider whether such an officer would
have been recommended for promotion, if the officer had his conduct not
been under enquiry, trial or investigation, and make its recommendations
and the rank to be assigned to him in the promotion list. In such cases the
Departmental Promotion Committee may make a specific recommendation
that their promotion should be deferred until after the termination of the
disciplinary proceedings or criminal prosecution.

4. In the event of there being an officer whose promotion has been

recommended to be deferred, the vacancy that could have gone to the
officer should be filled only on a purely temporary basis by the next person
in the approved list of candidates for promotion. If the officer concerned is
completely exonerated, he should be promoted to the post filled on a
temporary basis, restoring him his rightful place in the list of promoted
officers with retrospective effect.

5. In cases where an officer is under suspension pending enquiry,

investigation or trial the provisional withholding of promotions would be
justified and the instructions issued in G.O.Ms.No. 790, General
Administration (Ser.C) dated 29-9-1970 would continue to apply.

6. This order issues in supersession of the order issued in

G.O.Ms.No.211, General Administration (Services.C) Department dated 31-
3-1975.