important point
In disciplinary proceedings some brief reasons should be indicated even in an order affirming the views of the lower forum.

JUDGMENT

Altamas Kabir, J. —

1.Leave granted. Delay condoned.

2.This appeal at the instance of the Divisional Forest Officer, Kothagudem and other officers of the Ministry of Forests, Government of Andhra Pradesh is directed against the judgment and order dated 9.3.2005 passed by the Division Bench of the Andhra Pradesh High Court dismissing the Writ Petition No. 3817 of 2005 filed by the appellants herein.

3.The Writ Petition was filed challenging the order dated 23.11.2004 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad, in O.A. No. 1157 of 2002 allowing the same and directing that the respondent herein be reinstated in service.

4.From the materials as disclosed, it appears that the respondent herein was appointed as a “Forester” on 7.4.1994 and was posted in Section Komararam from 7.4.1994 to 24.8.1996. According to the appellants, during the said period the appellant was advanced funds to carry out different works under the Andhra Pradesh Forestry Project. Despite having received such funds, he did not undertake the said work and disciplinary proceedings were initiated against him on the following charges:

“1.(a)Neglect of duty with mala fide intention by not depositing the Government funds in the Joint Account (Bank) thereby causing embezzlement of Government money of Rs. 10,000/-

(b)by false expenditure and producing the fabricated vouchers without executing the work amounting to embezzlement of Government money of Rs. 54,625.00,

(c)by not maintaining the muster rolls and non-payment of wages of Rs.4865.00 to the labourers, resulting in embezzlement of the money.

2.Misappropriation of Rs. 580.00 collected towards C’fees, by not issuing CF.140 receipt to the accused.”

Having been found guilty of both the charges by the Divisional Forest Officer, the following punishment was imposed upon the respondent, namely,

(i)(5)Annual Grade Increments was stopped with cumulative effect apart from recovery of Government losses of Rs. 64,725/- at the rate of Rs. 500/- per month in (130) installments;

(ii)The suspension period from 24.8.1996 to 17.4.197 be regularised towards Earned Leave available to the respondent.

5.Aggrieved by the said order of punishment passed by the Divisional Forest Officer, Kothagudem, the respondent filed an appeal to the Conservator of Forests, Khammam Circle, Khammam. The said authority upon going through the materials was of the view that it was a clear case of misappropriation of Government funds which entailed more punishment than had been awarded by the Divisional Forest Officer. The respondent’s case was, therefore, reopened in terms of Rule 18(2) of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 and a show cause notice was issued to the respondent in terms of Rule 37(2)(v) directing him to show cause as to why he should not be removed from service. Upon considering the reply submitted by the respondent, the Conservator of Forests passed order dated 11.7.2001 dismissing the respondent from service.

6.A revision petition filed by the respondent before the Principal Chief Conservator of Forests, Andhra Pradesh was partly allowed by his order dated 19.11.2001 to the extent that the order of “dismissal from service” was modified to “removal from service”. It may be indicated that neither the Conservator of Forests, Khammam Circle, Khammam, nor the Chief Conservator of Forests, Andhra Pradesh, in their separate orders gave any reasons as such for maintaining first the punishment as imposed by the Divisional Forest Officer and thereafter the enhanced punishment of dismissal passed by the Conservator of Forests.

7.It is against the said orders that the respondent moved the Andhra Pradesh Administrative Tribunal, which after considering the matter in detail formulated the following points for consideration in the case:

(a)Whether the order of the appellate authority is vitiated and liable to be set aside?

(b)Whether there are any procedural lapses, which are not pointed