UO.Note No:2498, Dt:25-11-1975 | Corruption Charges | Sanction of prosecution
TM
UO.Note No:2498, Dt:25-11-1975 | Corruption Charges | Sanction of prosecution
The Committee of the Secretaries to the Government in its meeting held on 2-9-1975 observed that prosecution in trap cases was not being sanctioned in time. The delay, it was pointed out, had been occurring on account of the Government referring the matter to the Heads of Departments. A point was therefore made whether prosecution could not straight-away be sanctioned by the Government themselves. Clause (1) of article 311 of the Constitution of India prohibits the removal or dismissal of a Government servant by an authority subordinate to that by which he was appointed, and under rule 12 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, the Government may impose the penalties of removal and dismissal specified in clauses (vii) and (viii) of rule 8 of the said rules, on members of the State services. Rule 15(b) of the said rules also provides that the authority which may impose on a member of the Subordinate service, the penalties of removal and dismissa…
