States Reorganisation-Provisions as to Services-Procedure in respect of disciplinary matters.

Circular No.GAD 36 DIF(Int) 58, dated: 15th November 1958
Sub:- States Reorganisation-Provisions as to Services-Procedure in respect of disciplinary matters.

I am directed to forward herewith for information a copy of letter number 21/3/58 SR (S) dated 30th October 1958, received from the Secretary to Government of India Ministry of Home Affairs, New Delhi, on the subject mentioned above. These instructions may be followed in dealing with cases of disciplinary proceedings initiated prior to 1st November 1956.
Copy of the letter No.21/3/58 SR(S) dated 30th October 1958 from Shri D.D.Gothi, Under Secretary to Government of India, Ministry of Home Affairs, to the Additional Secreatry to the Government of Mysore, General Administration Department, (Integration), Bangalore.
I am directed to refer to the State Government's letter No.GAD (INT) 36/DIF/58, dated the 17th May 1958 in which they asked for the views of the Government of India regarding the procedure to be adopted in dealing with:-
(i) appeals or petitions for reinstatement preferred after 1st November 1956 by officials who were dismissed removed or compulsorily retired before 1st November 1956 while serving in areas which now form part of the State of Mysore.
(ii) pending departmental proceedings in which final orders have not been passed;
(iii) the appeals or petitions preferred prior to 1st November 1956 by persons compulsorily retired, removed or dismissed;
(iv) the cases, in which departmental enquiris are to be held against the officials in respect of acts of misconduct while serving in areas forming part of States of Bombay, Andhra Pradesh and Madras.
2. The Government of India have considered the matter and they are of the view that a person who was dismissed, removed or compulsorily retired by a competent authority before 1st November 1956 was not one who held a post within the meaning of section 116 of the S.R.Act 1956, and as such cannot be alloted to any State under section 115 of the said Act. In the circumstances, the Government of India consider that appeals or petitions from such persons preferred before or after 1st November 1956 should be disposed of by the principal successor State. In case it is ultimately decided to reinstate the Government servant the question of his allocation will be decided in consultation with the State Governments concerned.
3. The procedure followed by the State Government in the case of appeals or petitions of officers of the former States of Mysore and Coorg is correct.
4. As regards pending departmental proceedings and appeals and petitions, a distinction may be drawn between:-
(a) cases where an officer held a post or would be deemed to have held a post under any State immediately before 1st November 1956 and
(b) cases where the officer did not hold any post and is also not deemed to have held any post immediately before 1st November 1956.
In the case of (a) above, the proceedings may be continued by the appropriate authority of the State to which such officer has been allotted or is deemed to have been allotted by general or special orders of the Central Government, whereas in the case of (b) the enquiry will have to be continued by the authority in the principal successor state.
Pending appeals and petitions may also be disposed of accordingly.
5. As regards cases in which departmental enquiries have to be held against officials in respect of acts of mis-conduct while serving in areas which form part of States of Bombay, Madhya Pradesh and Madras, I am to invite your attention to this Ministry's letter No.F6/12/58-SR(S), dated 22nd August 1958 (copy enclosed)
Copy of the letter No.F.6/12/58SR(S), dated the 22nd August 1958 from Shri D.D.Gothi, Under Secretary to the Govt. of India to the Secretary to the Government of Mysore Education Department, Bangalore.
Sub:- Departmental enquiry against Shri M.S.Mahamood III Grade Clerk (under suspension) of the Office of the Director of Public Instruction, Hyderabad now transferred to the office of the Deputy Director of Public Instruction, Raichur.
Circular No.21/3/58-SR(S), dated New Delhi-1, 30th October 1958
Copy with a copy of letter replied to is forwarded to the Governments of Andhra Pradesh, Bombay, Bihar, Kerala, Madras, Madya Pradesh, Rajasthan and West Bengal.
I am directed to refer to your letter No.ED 29 SES 57 dated the 1st May 1958 on the above subject, and to say that the question raised therein has been examined in consultation with the Law Ministry here. The Government of India consider that the best course will be for the Government of Mysore to appoint one of their own officers to do the enquiry, who may, if found necessary to go to Andhra Pradesh for the purpose of conducting the enquiry. I am to add that an alternative method would be to cancel the provisional allocation of Shri Mahmood to Mysore so that he may be brought over to Andhra Pradesh for completion of the enquiry by the Government of that State. This course is however, of doubtful legal validity, and would also not be consistent with the general position indicated in para 4 of this Ministry's Circular letter No.6/3/58-SR(S) dated 8th March 1958.
In the opinion of the Government of India, there should be no difficulty in following the first alternative, namely, that the Government of Mysore should appoint one of their own officer who should, if necessary visit Hyderabad to complete the enquiry. I am accordingly to suggest this procedure.