Andhra Pradesh High Court
Judges : V.V.S.RAO
G.Amrutaiah - Appellant
Versus
Member-Secretary, APSEB, Hyderabad - Respondent
Decided On : 12-18-00
A. P. S. E. Board Revised conduct Regulations, 1986 - Regulation 4 (ix) - A. P. S. E. Board Employees Discipline and Appeal Regulations, 1970 - Regulations 13 and 14 - Writ petition - Andhra Pradesh State Electricity Board - Disciplinary authority - Petitioner filed the present writ petition praying for a Writ of certiorari to quash the order of the disciplinary authority as confirmed by the appellate authority as well as the reviewing authority - Held, It is made clear that the question whether the petitioner would be entitled to draw subsistence allowance at revised pay scales after 1990 would be ultimately depend on the final orders that might be passed by the disciplinary authority as well as the appellate authority as the case may be - The impugned orders of the disciplinary authority and the appellate authority are set aside and the matter shall be remitted back to the disciplinary authority to take action in accordance with the principle laid down in Punjab National Bank’s case (supra) and the petitioner shall be deemed to be under suspension under regulation ll (d) and for the period during which he is not paid subsistence allowance he shall be paid subsistence allowance as indicated hereinabove - Petition is allowed
( 1 ) THE petitioner at the relevant time was working as Assistant Engineer in Andhra pradesh State Electricity Board (hereafter called, the Board )- By proceedings dated 26-7-1990 Member-Secretary of the Board ordered that the petitioner be removed from service with effect from the said date. The petitioner s appeal was dismissed on 5-9-1991 purportingly by the Chairman of the Board as per the proceedings dated 5-9-1991 by which the decision of the chairman was communicated by the member-Secretary. The petitioner s review petition was also dismissed. Assailing the order of removal, as confirmed by the appellate authority, the petitioner filed the present writ petition praying for a Writ of certiorari to quash the order of the disciplinary authority as confirmed by the appellate authority as well as the reviewing authority.
( 2 ) THE facts leading to filing of this case in brief are as follows. The petitioner was appointed as Assistant Engineer (Electrical) in 1978. In 1982 he was transferred and posted as Assistant Engineer (Maintenance) in 132 KV sub-station at Karimnagar. In september, 1988 officials of the Anti corruption Bureau (ACB), Government of andhra Pradesh visited the premises of kakatiya Industrial Training Institute (KITI) which is an educational institution run by kakatiya Educational Society (KES ). Presumably, on the report of ACB by order dated 11-11-1988 the petitioner was suspended with effect from 13-11-1988. A departmental enquiry was ordered duly appointing the Divisional Engineer as enquiry Officer. The charge-sheet dated 6-2-1989 against the petitioner levelled four charges. As summarised by the Enquiry officer they are as follows:"charge No. 1: Smt. G. Kamala- mrutham, W/o. G. Amrutaiah, assistant Engineer/maintenance/132 kv SS/karimnagar has been the secretary of the Managing Committee of the private Kakatiya Industrial training Institute without the permission of A. P. S. E. Board. Charge No. 2: Sri G. Amrutaiah, assistant Engineer, Maintenance, 132 kv SS, Karimnagar has been actively participating in the management of the private Kakatiya Industrial Training institute. He has been collecting the fees personally as can be seen from the signatures on the receipt books. He got himself photographed along with the staff and students of Kakatiya industrial Training Institute, karimnagar. Charge No. 3: As seen from the attendance register of 132 KV SS, karimnagar, Sri G. Amrutaiah, assistant Engineer/maintenance/132 kv SS, is found to be absent from duty from 19-9-1988 to 23-9-1988. Charge No. 4: Certain iron and steel materials as detailed in Annexure-A, were found by A. C. B. , lying in the premises of the private Kakatiya industrial Training Institute, karimnagar. "
( 3 ) DURING the enquiry on behalf of the board, Inspector of Police, ACB, panchas, officials of the Board and the Principal of kiti were examined in support of the charges. The petitioner and his wife, who is admittedly the Secretary of KES, were examined as witnesses for the delinquent officer. Both of them admitted that the petitioner occasionally visited KITI and rendered advice to his wife on honourary basis without taking any remuneration. The enquiry Officer submitted a report dated 5-6-1989 holding that all the four charges are not proved and observed that the charges may be dropped.
( 4 ) CHARGE Nos. 1 and 2 relate to the allegation that the wife of the delinquent officer became Secretary of KES without the permission of the Board and the petitioner actively participated in the management of the KITI. On these charges the Enquiry officer held that the wife of the petitioner is involved in work of social nature on honourary basis without any remuneration and as such permission of the Board need not be taken by the delinquent officer under regulation 4 (ix) of A. P. S. E. Board Revised conduct Regulations, 1986 (hereafter called conduct Regulations ) and that the delinquent officer is involved in honourary work of so
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