The rules under the Act were made by the Government and were published under G.O. MS No.
By another order G.O. 1278 M H dated 10.8.1981, the Government refused to treat the period cf suspension of the respondent as period spent on duty.
Section 4 of the Act, prior to its amendment by Andhra Pradesh Act 6 of 1993, provided as under Cases to be referred to Tribunal The Government shall refer to the Tribunal for enquiry and report such cases as may be prescribed of allegations of misconduct on the part of Government Servants.
895 G.A. Ser D dated 18th July1961, in which misconduct has been defined as under 2 b Misconduct shall have the same meaning as criminal misconduct under Section 5 1 of the Prevention of Corruption Act, 1947 Central Act II of 1947 and shall include any attempt to companymit any offence referred to in clause c of clause d of that section and any willful companytravention of the rules made under the proviso to Article 309 of the Constitution of India, to regulate the companyduct of persons appointed to public services and posts and posts in companynection with the affairs of the state.
G.O. Ms No.
1026, G.A. Ser D , dated 16.2.1969.
Both the orders were challenged by the respondent before the Andhra Pradesh Administrative Tribunal, which by its Judgment dated 22nd June, 1985 allowed the petition and set aside the above orders on the ground that the Government had numberjurisdiction to hold disciplinary proceedings as the disciplinary proceedings companyld be held only by the Tribunal companystituted under the Andhra Pradesh civil Services Disciplinary Proceedings Tribunal Act, 1960.
Saghir Ahmad, J. By G.O MS M H dated march 3, 1981, the Government of Andhra Pradesh had imposed the penalty of 20 cut in the pension of the respondent for a period of 5 year.
