PREAMBLE
In exercise of the
powers conferred by the proviso to Article 309 of the Constitution of India
read with Sections 24 and 25 of the Code of Criminal Procedure, 1973 (Act-II of
1974) and in supersession of the rules issued in G.O.Ms.No. 1466 General
Administration (Rules) Department, dated the 12th October, 1959 and G.O.Ms.No.
160, Home Department, dated the 31st January, 1964 and of all other rules in
force on the subject, the Governor of Andhra Pradesh hereby makes the following
Special Rules for the Andhra Pradesh State Prosecution Service:
Rule - 1. Short title and commencement.
(1)
These rules may be called the Andhra Pradesh State Prosecution Service
Rules, 1992.
(2)
These rules shall come into force with immediate effect.
Rule - 2. Constitution.
The service shall consist of the following
categories of posts in the Andhra Pradesh State Prosecution Service:
Category 1: Director of Prosecutions.
Category 2: Additional Director of Prosecutions.
Category 3: Public Prosecutor/Joint Director of
Prosecutions.
Category 4: Additional Public Prosecutors-Grade-I.,
Deputy Director of Prosecutions.
Category 5: Additional Public Prosecutors,
Grade-II.
Category 6: Senior Assistant Public Prosecutor.
Category 7: Assistant Public Prosecutor.
Rule - 3. Method of appointment.
Subject to other provisions In these rules, the
method of appointment for the several categories shall be as follows:
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Category
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Method of appointment
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(1)
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(2)
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1. Director of Prosectutions
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(a) By promotion from the category of Additional Director of
Prosecutions-Category 2 with a service of not less than 2 years.
(b) If no suitable candidate Is available for promotion in the
category of Additional Director by transfer or on deputation from the State
Higher Judicial Service.
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OR
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(c) By transfer on deputation from the I.P.S. cadre of the Andhra
Pradesh or an Officer of and above the rank of Deputy Inspector General of
Police possessing a Law Degree.
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2, Additional Director of Prosecutions.
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By promotion from the category Public Prosecutor/Joint Director of
Prosecutions, Category-3 with a service of not less than 2 years or by
transfer or on deputation from Andhra Pradesh State Higher Judicial Service.
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3. Public Prosecutor/ Joint Director of Prosecutions
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By promotion from the category of Additional Public Prosecutor,
Grade-I/Deputy Director of Prosecution-Category-4 with a service of not less
than 2 years or by transfer or on deputation from the State Judicial Service
of the cadre of Sub-Judge.
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4. Additional Public Prosecutor, Grade-I, Deputy Director of
Prosecutions.
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By promotion from the category of Additional Public Prosecutor, Gr.II,
Category-5 with a service of not less than 3 years or by transfer or on
deputation from State Judicial Service of the Cadre of Munsif Magistrate.
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5. Additional Public Prosecutor Grade II
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(i) 70% by promotion from the categor- 6Senior Assistant Public
Prosecutor with a service of not less than 2 years.
(ii) 30% by direct recruitment.
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6. Senior Assistant Public Prosecutor
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By promotion from the category-7 Assistant Public Prosecutor with a
service of not less than 2 years.
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7. Assistant Public Prosecutor
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By direct recruitment.
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Note. (a) 30% of the substantive vacancies in the category of Additional
Public Prosecutor, Gr.II(Category-5) shall be filled by direct recruitment.
(b) The remaining vacancies in the category of
Additional Public Prosecutor, Grade-II shall be filled by promotion from
category-6. If a suitable or qualified person in the category of Senior
Assistant Public Prosecutor is not available, the said vacancies shall also be
filled by direct recruitment or by contract.
(c) The State level recruitment Board In Police
Department shall from time to time hold the examination/selection for the candidates
for appointment by direct recruitment
Rule - 4. Reservation of appointment.
(a)
The rule relating to the Special representation (General Rule 22) shall
apply for appointment by direct recruitment to the various posts covered by
these rules. The quota earmarked for Physically Handicapped persons in the said
rules shall, however, be filled in by Orthopaedically Handicapped persons i.e.,
those whose speech, hearing and sight are not impaired.
(b)
The provisions of sub-rule (2) of General Rule 22-A shall also be
applicable to the direct recruitment to the various posts covered by these
rules.
Rule - 5. Qualifications.
No person shall be eligible for appointment to the
categories specified in column (1) of the Table below by the method specified
in column (2) unless he possess the qualifications specified in the
corresponding entry in column (3) thereof:
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Category
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Method of appointment
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Qualifications
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(1)
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(2)
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(3)
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5. Additional Public Prosecutor, Grade-II
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By direct recruitment or by promotion
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(i) Must possess a Bachelor's Degree in any subject with a Bachelor's
Degree in Law of a University in India established or incorporated by or
under a Central Act a Provincial Act or a State Act or an Institution
recognised by the University Grants Commission or an equivalent
qualification.
(ii) Must have practiced as an Advocate for not less than seven years
for direct recruitment.
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7. Assistant Public Prosecutor
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By Direct recruitment
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(i) Must possess a Bachelor's Degree in any subject with a Bachelor's Degree
in Law of a University in India established or incorporated by or under a
Central Act, Provincial Act or State Act or an institution recognised by the
University Grants Commission or an equivalent qualification; and
(ii) Must have practised as an Advocate and must have not less than 3
years active practice in Criminal Courts in the State.
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["Provided that the candidates having passed
the Five Year Course in Law after Intermediate shall also be eligible for
recruitment to the posts of Assistant Public Prosecutors".
Rule - 6. Age.
No person shall be eligible for appointment by
direct recruitment to the post of Assistant Public Prosecutor If he has
completed [30]
years of age and to the post of Additional Public Prosecutor, Gr.II if he has
completed 35 years of age on the 1st day of July of the year in which the
notification for recruitment is made.
Rule - 7. Probation.
Every person appointed by direct recruitment shall
be on probation for a total period of two years on duty within a continuous period
of three years, and every person appointed by promotion shall be on probation
for a total period of one year on duty within a continuous period of two years
from the date on which one commences his probation.
Rule - 8. Training.
(a)
The approved candidates shall undergo, before promotion to any category,
training as per such programme and syllabus as may be prescribed by the
Director of Prosecutions with the approval of Government from time to time.
(b)
Every person appointed by direct recruitment shall undergo, immediately
after appointment a course of training for such period and as per such
programme and syllabus as may be prescribed by the Director of Prosecutions
with the approval of the Government.
(c)
Every person appointed by direct recruitment as Assistant Public
Prosecutor or Additional Public Prosecutor, Gr. II, shall before the
commencement of training, execute an agreement bond that he shall serve the
Department for a period of not less than three years after the completion of
training referred to in sub-rule (b).
He will be liable to refund to the Government the
pay and allowances and any other remuneration received by him in addition to
the amount spent by the Government on his training:
(i)
If he fails to serve the Department for a period of 3 years after the
completion of his training for any reason; or
(ii)
if he discontinues the training or is discharged from training course
for misconduct or any other reason; or
(iii)
if he secures any other employment elsewhere than under the State
Government the instructions issued in G.O.Ms.No. 268, Finance and Planning
(F.P.I.) Department, dated the 8th September, 1980, may be followed.
(d)
The period of training shall count for purposes of probation,
increments, leave and pension.
(e)
A direct recruit shall be eligible during the period of training, for
the initial pay of the post with usual allowances admissible at the place of
training.
Rule - 9. Tests.
(a)
Every person appointed by direct recruitment shall pass the Account Test
for Executive Officers within the period of probation.
(b)
No person shall be eligible for promotion unless he has passed the
Account Test for Executive Officers before such promotion.
Rule - 10. Unit of appointment.
For purposes of recruitment, appointment, discharge
for want of vacancy, reappointment, seniority, promotion, transfer and posting
and appointment as full member to the post specified in column (2) of the table
below the Unit of appointment shall be as specified in column (3) thereof:
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Category
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Post
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Unit of appointment
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(1)
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(2)
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(3)
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6.
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Senior Assistant Public Prosecutors
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Zone-I: Comprising Srikakulam, Vizianagaram and
Visakhapatnam Districts.
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7.
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Assistant Public Prosecutors
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Zone II:Comprising East Godavari, West
Godavari and Krishna Districts.
Zone III: Comprising Guntur, Prakasam
and Nellore Districts.
Zone IV:Comprising Chittoor, Cuddapah,
Anantapur and Kurnool Districts.
Zone V:Comprising Adilabad,
Karimnagar, Warangal and Khammam
Districts.
Zone VI:Comprising Hyderabad,
Nizamabad, Mahabubnagar, Medak,
Nalgonda and Rangareddy Districts.
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Rule - 11. Transitional Provisions.
(1)
Till such time a member of the service eligible for promotion to
categories 3 to 5 is avialable, the post of Public Prosecutor or Additional
Public Prosecutor, Grade-I .Additional Public Prosecutor, Grade-II may be
filled on contract for not more than 3 years and on such terms and conditions
as the State Government may prescribe in this behalf by persons who have been
in practice as an Advocate for not less than seven years from a panel suggested
by the Director of Prosecutions.
(2)
Notwithstanding sub-rule (1), till such time a person eligible for
promotion to category-4 is available the post of Deputy Director of
Prosecutions may be filled by appointment on deputation of a person working as
a District Munsiff for a period of not less than five years from a panel of
names suggested by the High Court.
(3)
Notwithstanding sub-rule(1) till such time a person eligible for
promotion to the post of Joint Director of Prosecutions (Category-3) is
available it may be filled by appointment on deputation of a person working as
Subordinate Judge for not less than five years from a panel suggested by the
High Court,
(4)
Till such time a person eligible for promotion to Category 2 is
available, the post of an Additional Director of Prosecutions may be filled by
appointment on deputation of a person working as District & Sessions Judge
Grade II, from a panel suggested by the High Court