Declaring Additional Public Prosecutors Grade-I as Unit Officers at District level


Government of AP had  established  a  separate Directorate in the year 1986 and in the G.O. declared the Director of Prosecutions as Head of Department and Chief  Controlling Officer opening a new Head of Account for Prosecutions Department.

Government had declared the Assistant Public Prosecutor Grade-I/Police Prosecuting Officer (Administration) as drawing and Disbursing Officers of their respective Districts and accordingly they are attending to the given duties.The Director of Prosecutions, Andhra Pradesh, Hyderabad has informed that by the time of issuing the above orders declaring the Assistant Public Prosecutor Grade-I/ Police Prosecuting Officer (Administration) as drawing and Disbursing Officers there are no other higher posts available in the Department,  no  integrated service rules are framed and there exist  only two categories of cadre Prosecuting Officers i.e., Assistant Public Prosecutor Grade-II/ Assistant Police Prosecuting Officer and Assistant Public Prosecutor Grade-I/ Police Prosecuting  Officer  and  so  the  Assistant  Public  Prosecutor  Grade-I/  Police Prosecuting  Officers  (Administration)  are  declared  as  Drawing  and  Disbursing Officers of their respective Districts and the system is still continuing. They are also declared as appointing and disciplinary authority for the posts of Attenders vide G.O.Ms.No.63, Law (LA&J-Courts.A) Department, dated:20-4-1999. In the year,1992, Government had framed special rules for Andhra Pradesh State Prosecuting Services vide G.O.Ms.No.188, Home (Courts.C) Department, dated:30-3-1992 creating number of categories of prosecuting officer posts and the post Public Prosecutor of District and Sessions Court is the highest category  in the District.  By virtue of the said service rules, the post of Senior Assistant Public Prosecutor

(Administration), hitherto called as Assistant Public Prosecutor Grade-I/ Police Prosecuting Officer (Administration) had become second level Gazetted post in the hierarchy and the Public Prosecutor of District and Sessions Court is the fifth level Gazetted post. In the Directorate, the Public Prosecutors are posted in the capacity of Joint Directors of Prosecutions to look after the administrative work of the respective Zones. The next below cadre in the hierarchy is Additional Public Prosecutor Grade-I, the fourth level Gazetted post which is also termed as Deputy Director.

The Director of Prosecutions, Andhra Pradesh, Hyderabad has also informed that after framing the Andhra Pradesh State Prosecution Service Rules, 1992 for proper administration  it is high time to change the present set up of administration by  giving  administrative  powers  to  the  senior  officers  like  Additional  Public Prosecutor Grade-I/ Deputy Director. In fact, the duties of the Deputy Directors (Additional  Public Prosecutors  Grade-I)  are already notified  in the compendium

prepared by the Directorate in the year, 1993.  According to the compendium each Deputy Director shall:

(a) act as Legal Advisors to the Superintendent of Police and other departments in the Districts;

(b)  inspect  and  supervise  offices  of  Additional  Public  Prosecutors

Grade-II and other subordinate Prosecuting Officers in the District;

(c) advise in the matter of Revisions and appeals against the decisions of Magistrate Courts and

(d draw and disburse pay and allowances for the Prosecuting Officers and other subordinate ministerial staff of the District.

5.      It will also helpful to the Department to have close supervision and control over the Prosecuting Officers in the Districts to streamline the Prosecution work and to make them accountable, if the duties of the administrative work with Drawing and Disbursing Officer duties are attached to the Additional Public Prosecutors Grade-I/ Deputy Directors declaring them as unit officers. They can also attend the following matters besides the duties mentioned in the above para.

(a)  draw increments up to the level of  Additional Public Prosecutor Grade-II;

(b)  sanction TA up to the level of  Additional Public Prosecutor Grade-II,;

(c)  sanction casual leaves up to the level of  Additional Public Prosecutor

Grade-II;

(d)  sanction pension to all NGOs and Last Grade employees;

(e)  sanction GPF loans to all NGOs and Last Grade employees

(f)  appointing and disciplinary authority of last grade services and

(g)  sanction of medical reimbursement bills upto Rs.50,000/-.

In view of the above duties entrusted to the Additional Public Prosecutors Grade-I/ Deputy Directors at District level, the burden of work will lessen in the Directorate as it is suffering from heavy work load with meagre staff. In every District  the  post  of  Additional  Public  Prosecutor  Grade-I/  Deputy  Director  is available, except at Chittoor. If the Government accepts the proposal, the head quarters  of  Chittoor  will  be  at  Tirupati,  where  the  post  of  Additional  Public Prosecutor Grade-I/ Deputy Director is available and all the staff working in the offices of the Senior Assistant Public Prosecutor (Administration) and the infrastructure have to be shifted to the offices of Additional Public Prosecutor Grade-I/ Deputy Director. Further, there is no financial implication in changing the administrative control from the Senior Assistant Public Prosecutors (Administration) to the Additional Public Prosecutors Grade-I/ Deputy Director. The list of Additional Public Prosecutor Grade-I/ Deputy Director in the Districts to whom the administrative powers to be vested is as follows:

Sl. No.

 

(1)

Name of the

District

 

(2)

Name of the post to be declared to act as

Drawing and Disbursing Officer with the administrative powers  in the District in the capacity of Deputy Director

(3)

1

Srikakulam Additional Public Prosecutor Grade-I/ Special Public

Prosecutor, Special Court for SC & ST (POA) Act,

1989, Srikakulam

2

Vizianagaram Additional Public Prosecutor Grade-I

I Additional District & Sessions Court, Vizianagaram

3

Visakhapatnam Additional Public Prosecutor Grade-I, 1st Additional

District & Sessions –cum-MSJ Court, Visakhapatnam

4

East Godavari Additional Public Prosecutor Grade-I

IV Additional District & Sessions Court, Kakinada

5

West Godavari Additional Public Prosecutor Grade-I

I Additional District & Sessions Court, Eluru

6

Krishna Additional Public Prosecutor Grade-I

II Additional District & Sessions –cum-MSJ Court, Vijayawada

 

7

Guntur Additional Public Prosecutor Grade-I

II Additional District & Sessions Court, Guntur

8

Prakasam Additional Public Prosecutor Grade-I/ Special Public

Prosecutor, Special Court for SC & ST (POA) Act,

1989, Ongole.

9

SPSR    Nellore Additional Public Prosecutor Grade-I

II Additional District & Sessions Court, Nellore

10

YSR Kadapa Additional Public Prosecutor Grade-I

I Additional District & Sessions Court, Kadapa

11

Kurnool Additional Public Prosecutor Grade-I

I Additional District & Sessions Court, Kurnool

12

Anantapur Additional Public Prosecutor Grade-I/ Special Public

Prosecutor, Special Court for SC & ST (POA) Act,

1989, Anantapur

13

Chittoor Additional Public Prosecutor Grade-I

III Additional District & Sessions Court, Tirupati

14

Khammam Additional Public Prosecutor Grade-I/ Special Public

Prosecutor, Special Court for SC & ST (POA) Act,

1989, Khammam

15

Warangal Additional Public Prosecutor Grade-I

I Additional District & Sessions Court, Warangal

16

Karimnagar Additional Public Prosecutor Grade-I

I Additional District & Sessions Court, Karimnagar

17

Adilabad Additional Public Prosecutor Grade-I/ Special Public

Prosecutor, Special Court for SC & ST (POA) Act,

1989, Adilabad

18

Hyderabad Additional Public Prosecutor Grade-I

III Additional Metropolitan Sessions Court, Hyderabad

19

Rangareddy Additional Public Prosecutor Grade-I

II Additional District & Sessions Court, L.B. Nagar, Ranga Reddy District

20

Medak Additional Public Prosecutor Grade-I

I Additional District & Sessions Court, Sangareddy

21

Mahabubnagar Additional Public Prosecutor Grade-I/ Special Public

Prosecutor, Special Court for SC & ST (POA) Act,

1989, Mahabubnagar

22

Nalgonda Additional Public Prosecutor Grade-I/ Special Public

Prosecutor, Special Court for SC & ST (POA) Act,

1989, Nalgonda

23

Nizamabad Additional Public Prosecutor Grade-I

I Additional District & Sessions Court, Nizamabad

The Director of Prosecutions, Andhra Pradesh, Hyderabad has requested the Government for shifting all the staff working in the offices of the Senior Assistant Public Prosecutor (Administration) and the infrastructure to the above said offices of Additional Public Prosecutor Grade-I/ Deputy Director in supersession of all the earlier orders in the matter and amending the G.O.Ms.No.63, Law (LA&J-Courts.A) Department, dated:20-4-1999 suitably to streamline the administration in the Districts. Government after careful examination of the proposal and in supersession of the orders issued in Government Memo.No.588/Courts.C/89-2, Home (Courts.C) Department, dated:14-03-1989, Government hereby declare that Additional Public Prosecutor Grade-I/Deputy Directors mentioned at Column No.3 of the table at para6 above as Unit Officers of the prosecutors department of the respective districts, duly shifting the Head Quarters of Chittoor to Tirupathi to exercise the powers and duties as mentioned at paras 4 & 5 in the capacity of Deputy Director.

9.      They shall also attend the other duties in vogue as assigned to the Unit Officer from time to time by the Government / Head of the Department, subject to meet the expenditure under the Head of Account 2014-Administration of Justice, 114-Legal Advisors and Councils, (14)-District Offices of Prosecutions.

10.     All the staff of the O/o. Senior Assistant Public Prosecutor (Administration), in the state shall be shifted to the O/o. Deputy Directors, together with infrastructure.

11.     The  following  amendment  is  also  issued  to  G.O.Ms.No.63,  Law  (LA&J- Courts.A2) Department, dated: 20-04-1999 :

AMENDMENT

In the said G.O. for the word “Senior Assistant Public Prosecutor” wherever it occurs, the word “Additional Public Prosecutor Grade-I/Deputy Director” shall be substituted.

12.     This order issues with the concurrence of Finance (Expr.H&L) Department vide their U.O.No.1802/30/Exp.Home.II/2013, dated:12.04.2013.

13.     The  Director  of  Prosecutions,  Andhra  Pradesh,  Hyderabad  shall  take necessary further action in the matter
G.O.Ms.No.125 Dated:24-09-2013.
1. G.O.Ms.No.323, Home (Courts.C) Department, dated.26-5-1986.
2. G.O.Rt.No.274, Home (Courts.C) Department, dated 30-1-89.
3. G.O.Ms.No.63, Law (LA&J-Courts.A2) Department, dated:20-04-1999.
4. Government Memo No.588, Home (Courts.C) Department, dated:14.03.1989.
5. From the Director of Prosecutions, Andhra Pradesh, Hyderabad letter
No.446/A2/2012, dated:23.4.2012 & 26.7.2012.

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