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2002 Supreme(AP) 1484

Andhra Pradesh High Court
Judges : B.SUBHASHAN REDDY, S.R.NAYAK
RAMANA K.V. - Appellant
Versus
Government Of A.P. - Respondent
Decided On : 12-24-02

Headnote:

Andhra Pradesh Civil Services Conduct Rules, 1964 - Powers conferred by sub-rule (1) of Rule 8 – Probabilities – Administrative - Writ petition is filed by delinquent against order of Andhra Pradesh administrative Tribunal declining to interfere with Government order vide Revenue department by which delinquent has been kept under suspension in contemplation of departmental enquiry - Suspension order vide revenue Department reads as follows Whereas it has come to notice of Government of Andhra Pradesh alleging that Sri K. V. Ramana, Special grade Deputy Collector and formerly managing Director Andhra Pradesh State seeds Development Corporation hyderabad has committed certain irregularities while working as Managing director Andhra Pradesh State Seeds development Corporation Hyderabad – Held, Merits and probabilities of charge should not be gone into by Court while deciding legality of suspension order - In Union of India and Court held that examination of correctness of charges particularly at stage of framing charges is beyond jurisdiction of administrative Tribunals as well as High courts - Further in Deputy Inspector General of police v. K. S. Swaminathan Court emphasised that only thing to be seen by Court at stage of framing charge is whether statement of facts and material in support thereof supplied to delinquent employee would disclose alleged misconduct - Writ petition dismissed

S. R. NAYAK, J.

( 1 ) THIS writ petition is filed by the delinquent against the order of Andhra Pradesh administrative Tribunal dated December 17, 2002 declining to interfere with the Government order vide G. O. Rtno. 2013, Revenue (Ser. I) department, dated November 23, 2002 by which the delinquent has been kept under suspension in contemplation of departmental enquiry. The suspension order vide G. O. Rt. No. 2013, revenue (Ser. I) Department, dated November 23, 2002 reads as follows:" (/) Whereas it has come to the notice of the Government of Andhra Pradesh, alleging that Sri K. V. Ramana, Special grade Deputy Collector and formerly managing Director, Andhra Pradesh State seeds Development Corporation, hyderabad has committed certain irregularities while working as Managing director, Andhra Pradesh State Seeds development Corporation, Hyderabad; (2) And whereas, disciplinary proceedings against Sri K. V. Ramana, Special Grade deputy Collector and formerly Managing director, Andhra Pradesh State Seeds development Corporation, Hyderabad are contemplated; (3) And whereas, the Government of andhra Pradesh being the appointing authority, after careful consideration of the material available and having due regard to the circumstances of the case, are satisfied that it is necessary to place Sri K. V. Ramana, Special Grade Deputy Collector under suspension; (4) Now, therefore, in exercise of the powers conferred by sub-rule (1) of Rule 8 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991, the Government of Andhra Pradesh hereby place the said Sri K. V. Ramana, special Grade Deputy Collector under suspension from the date of communication of this order and he shall continue to be under suspension until the conclusion of the disciplinary proceedings/termination of all proceedings; (5) It is further ordered that during the period this order remains in force, the headquarters of Sri K. V. Ramana, Special grade Deputy Collector shall be at hyderabad and the said Sri K. V. Ramana, special Grade Deputy Collector, shall not leave the headquarters without obtaining the prior permission; (6) He shall be eligible for subsistence allowance during suspension period as per rules. "

( 2 ) AT the time of hearing it was brought to our notice that subsequently the disciplinary authority issued Charge Memo on December 9, 2002. Two charges are framed against the petitioner/ delinquent. The charges and the statement of imputations of misconduct or misbehaviour read as follows:"charge-!: That Sri K. V. Ramana, Spl. Grade Deputy Collector while working as managing Director, A. P. State Seeds development Corporation Ltd. , Hyderabad during the period from July, 2001 to november, 2002 has committed irregularities in purchase of 6,72,000 DWT bags of 30 Kg. capacity by negotiating directly on the basis of single quotation with east India Commercial Company, Eluru without calling for re-terider through proper paper publication and thereby violated Rule 3 of A. P. Civil Services (Conduct) Rules, 1964. Charge-II; That Sri K. V. Ramana, Spl. Grade Deputy Collector while working as managing Director, A. P. State Seeds development Corporation Ltd. , Hyderabad during the period from July, 2001 to november, 2002 has committed the irregularities of making advance payment of rs. 58. 80 lakhs for supply of 6,72,000 dwt bags of 30 Kg. capacity and Rs. 10. 80 lakhs for supply of 1,80,000 DW Hessian bags of 70 Kg. Capacity to East India commercial Company Limited, Eluru without obtaining any performance guarantee of a Nationalised Bank from the supplier and thereby violated financial propriety and Rule 3 of A. P. Civil Services (Conduct) Rules, 1964. Statement of Imputations of Misconduct or misbehaviour: in the year 2001, the assessment of requirement of bags for A. P. State Seeds development Corporation Limited was done keeping in mind the quantum of seed production in the month of September, 2001 duly taking into account the bags availa








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