VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 536
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prosecution to file a fresh charge sheet on the same charges. This
would mean that though the stage of trial was not reached the stage
of inquiry was still pending. The Tribunal further held that the offences
with which the applicant is charged are of grave nature and the State
Government has, after due consideration into the gravity of the
misconduct of the applicant and the nature of the evidence against
him, passed the order of suspension. The order was also passed in
the exercise of the powers made available by sub-rule (3) of Rule 3
of AIS Rules and therefore it cannot be said that it was passed without
any powers.
(536)
(A) Administrative Instructions — not binding
Administrative instructions are mere guidelines.
They do not interfere with the discretion of
competent authorities. There is nothing wrong in
Government directing authorities to place an officer
under suspension.
(B) Administrative Instructions — not justiciable
Guidelines issued by Government requiring
Investigating Officers to complete investigation,
preferably within six months, have no statutory force.
They do not confer any enforceable right, and any
breach is not justiciable.
J. Venkateswarlu vs. Union of India,
2002(1) ALD (Crl.) AP 838
The High Court held that the instructions issued by the
Government of Andhra Pradesh in Memo. No. 700/SC.D/88-4, dated
13-2-1989 are mere guidelines. They are made for the guidance of
all the concerned including the investigating/enquiring authorities.
Those guidelines in no manner interfere with the discretion and
jurisdiction of the competent authorities concerned either in the matter
of placing the accused officer under suspension pending enquiry or
initiating such action, as may be necessary, in public interest to protect