ANDHRA PRADESH STATE ROAD TRANSPORT CORPORATION

                              O/O THE MANAGING DIRECTOR,

                        MUSHIRABAD, HYDERABAD-624.

Dated: 18.07.2009.

No.C2/785(95)2009-LD

CIRCULAR NO.1/2009-LD, dated 18.07.2009..

SUB:    CC&A REGULATIONS – APSRTC Employees (CC&A)Regulations, 1967 – Conduct of departmental enquiries in disciplinary matters – Procedure to be followed – Further instructions – Reg.

REF:    Cir. No PD-125/1978-79, dated 01.02.197.

***

1.      Detailed instructions with regard to conduct of departmental enquiries in disciplinary matters were issued with “Dos & DONTs” vide circular dated 01.02.1979 and followed by further guidelines from time to time.

2.      Instances have come to notice that the disciplinary authorities are not strictly following the procedure contemplated under APSRTC Employees (CC&A) Regulations, 1967 with regard to conduct of departmental enquiries against the delinquent employees, resulting in vitiation of final orders issued in disciplinary cases.

3.      it is observed that in cases of unauthorized absenteeism of the employees, charges are framed by the disciplinary authority and pursuant to the charge sheet, a departmental enquiry is conducted and thereupon based on the enquiring findings, objections of the delinquent employee is called for and on receiving the objections from the delinquent employee, a show cause notice proposing the punishment is issued. In most of the cases, without issuing final orders in the said disciplinary cases, considering the representation of the delinquent employee, the delinquent employee is taken on duty pending issue of final orders pursuant to show cause notice. This the employee is permitted to perform the duties without deciding upon the final orders to be issued based on the enquiry report and show cause notice, without deciding upon the final orders to be issued based on the enquiry conducted with regard to earlier absenteeism duly mentioning in the final order about the subsequent absenteeism for which no charge is framed and no enquiry is conducted. This mentioning of the subsequent absenteeism in the final order issued based on the enquiry conducted with regard to earlier absenteeism vitiates the final order as no enquiry is conducted with regard to subsequent absenteeism which is also mentioned in the final order issued by the disciplinary authority.

4.      in a recent case pertaining to Sri S Franklin, E-454756, driver of Waltair depot, the Hon’ble High Court by its order dated 12.06.2009 in W.P.No. 11518/2009, has held that the final order of removal issued by the Depot Manager for the proved charge of unauthorized absenteeism of the petitioner for the period from 04.12.2006 to 29.12.2006 for which a regular enquiry was conducted is vitiated due to the fact that the subsequent absenteeism of the petition for the period from 13.05.2009. The High Court accordingly set aside the order of removal dated 22.05.2009 as on enquiry was conducted with regard to absenteeism of the petitioner for the period from 13.05.2009 to 22.05.2009. The High Court while giving the liberty to the disciplinary authority to proceed against the employee appropriately directed the corporation to issue instructions to the disciplinary authorities with regard to the procedure to be followed in disciplinary cases.

5.      All the disciplinary authorities are therefore, informed that when no charge is framed against an employee with regard to subsequent absenteeism, such subsequent absenteeism should not be mentioned in the final orders to be issued pursuant to the proved charges pertaining to earlier absenteeism and disciplinary proceedings shall be concluded with in a reasonable time after issuance of show cause notice of removal. With regard to subsequent absenteeism separate proceedings have to be initiated in accordance with the APSRTC Employees (CC&A) Regulations, 1967 and instructions issued from time to time.

Please acknowledge the receipt.

Sd/-

(V.DINESH REDDY)

VICE CHAIRMAN &

MANAGING DIRECTOR

To

All Officers of the Corporation

// ATTESTED //

EXECUTIVE DIRECTOR(A&P)