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2005 Supreme(AP) 691

Andhra Pradesh High Court
Judges : K.C.BHANU
K.Jayaraj - Appellant
Versus
Executive Officer, Cantonment board, Secunderabad Cantonment, Secunderabad - Respondent
Decided On : 08-02-05

Headnote:

Cantonment Act – Section 24 (a) (b) – Constitution of India – Article 226 – Illegal – Arbitrary – Evidence – Order of punishment – Liability – Natural justice – Violation of principles – Grievance of petitioner is that he was appointed as Foreman in cantonment Board in year and since then he has been discharging his duties sincerely – While matter stood thus, on 1st respondent issued Office Order placing him under suspension on ground that payment of some work bills were made excessively and irregularly during period – On 1st respondent issued charge-sheet to petitioner and thereafter, enquiry was conducted and enquiry report was furnished to petitioner on – Petitioner submitted his reply – 1st respondent issued a final order dismissing petitioner from service – Against said order he preferred an appeal before 2nd respondent and 2nd respondent in turn passed orders rejecting his statutory appeal with a modification that dismissal order shall be operative with effect from date of issuance of dismissal order – Against same, petitioner filed revision before 3rd respondent and same was rejected without looking into facts and law involved in matter – Aggrieved by orders of Respondents 1 to 3, present writ petition has been filed – Held, he further relied on a decision of supreme Court in R. S. Saini v. State of punjab, (1999) 8 SCC 90, wherein it is held that we too have considered complaint within that limited scope in order to find out correctness of allegation that impugned order of disciplinary authority suffered from vice of perversity, non-application of mind and tainted by malice and having come to conclusion that report of inquiring authority cannot be faulted with on any of grounds stated above, we are unable to agree with appellant – He further placed reliance on another decision of Supreme Court in high Court of Judicature at Bombay v. Shashikant S. Patil, (2000) 1 SCC 416, wherein it is held that settled legal position is that if there is some oral evidence on which findings can be based, then adequacy or even reliability of that evidence is not a matter for canvassing before high Court in a writ petition filed under article 226 of Constitution – Writ Petition is Dismissed

( 1 ) THE writ petition is filed seeking a mandamus declaring the order, dated 27. 5. 2003, of the 1st respondent dismissing the petitioner from services etc. , as confirmed in the order dated 26. 11. 2003 of the 2nd respondent and order dated 16. 4. 2004 of the 3rd respondent as arbitrary, illegal and unjust and consequently direct the respondents to reinstate the petitioner into service with all consequential benefits including backwages.

( 2 ) THE grievance of the petitioner is that he was appointed as Foreman in the cantonment Board, Secunderabad, in the year 1972 and since then he has been discharging his duties sincerely. While the matter stood thus, on 28. 11. 2000 the 1st respondent issued Office Order No. 214, dated 28. 11. 2000, placing him under suspension on the ground that payment of some work bills were made excessively and irregularly during the period 1990 to 1997. On 2. 11. 2002 the 1st respondent issued charge-sheet to the petitioner and thereafter, enquiry was conducted and enquiry report was furnished to the petitioner on 30. 4. 2003. On 27. 5. 2003 the petitioner submitted his reply. On 26. 11. 2003 the 1st respondent issued a final order dismissing the petitioner from service. Against the said order he preferred an appeal before the 2nd respondent and the 2nd respondent in turn passed orders rejecting his statutory appeal with a modification that dismissal order shall be operative with effect from the date of issuance of dismissal order i. e. , 27. 5. 2003. Against the same, the petitioner filed revision before the 3rd respondent and the same was rejected without looking into the facts and law involved in the matter. Aggrieved by the orders of the Respondents 1 to 3, the present writ petition has been filed.

( 3 ) A detailed counter-affidavit has been filed by the respondents denying all the allegations made in the writ petition reiterating the facts relating to the loss occurred to the Cantonment Board in respect of purchase of lubricants, engine oil and repairs to the vehicles by the petitioner, about the criminal case filed against the petitioner, CBI investigation, action taken against the petitioner by the respondents.

( 4 ) THE learned Counsel for the petitioner contended that the financial mismanagement or loss of certain amounts of the Cantonment Board for the years 1992-97, a discrete enquiry has been conducted followed by a regular departmental enquiry. The documents relied upon by the respondents have not been furnished to the writ petitioner, which is a mala fide exercise of power and the findings of the Enquiry officer are based upon no evidence, therefore, they are perverse in nature. He also stated that all the findings are based upon acquisitions or observations made by the CBI or from the Special Audit Report and perhaps there is a reason that the enquiry Officer also observed that a separate enquiry might be ordered to make the enquiry more meaningful and hence he prays to allow the writ petition.

( 5 ) ON the other hand, the learned standing Counsel for the respondents contended that since the writ petitioner is working in the administrative control of the cantonment Board, a regular departmental enquiry was conducted. The writ petitioner did not make any observation with regard to non-supply of the documents, but he has requested to furnish the certified copies of the documents which has been turned down and the delinquent himself admitted the charges and therefore, there are no grounds to interfere with the impugned proceedings.

( 6 ) THERE are about 44 findings, which have been given by the Enquiry Officer. Out of those findings, finding Nos. 17 and 44 are the extracts of the reports of CBI and relevant points of the Special Audit report. Those two documents have not been furnished to the writ petitioner admittedly.

( 7 ) THE scope of the judicial review, in respect of the departmental proceedings, is very much circumscribed. This Court is not concerned with the adequacy or reliabili

















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