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Andhra Pradesh High Court
Judges : MOTILAL B.NAIK
N.Subramanyam - Appellant
Versus
Chairman Visakhapatnam, Port Trust - Respondent
Decided On : 01-19-97
Conduct Regulations of Port Trust - Regulation 3 (1) - Constitution Of India,1950 - Article 226 - Retirement from Indian Army - Chief Mechanical Engineering department of Visakhapatnam Port Trust as a Greaser against one of posts reserved for Ex-servicemen - He joined in said post - Qualification required for post of Greaser in Mobile Crane Complex of Chief Mechanical Engineering Department of Port Trust was - That person must possess Heavy Truck Driving Licence - Since petitioner possessed same he was recruited and joined service - Later on he was also promoted as Junior Driver and also as Driver - He states that right from date of joining he has been serving department without any blemish - Required for post of Greaser in Mobile Crane Complex - As driver he was served with a memo by Chief Mechanical Engineer who is disciplinary authority - Charge against petitioner was that he produced a false educational certificate at time of his entry into Port Trust Service and therefore it amounted to violation of Regulation 3 of Conduct Regulations of Port Trust - Petitioner claims that he submitted his explanation to said charge memo pointing out that he was not guilty of said charge - However not satisfied with explanation offered by petitioner a regular departmental enquiry was ordered and Executive Engineer was appointed as an Enquiry Officer - Enquiry was conducted between - Assistant Executive Engineer was appointed as Presenting Officer to present case of management and whereas petitioner secured services of Senior Assistant in Chief Mechanical Engineer s office and Senior Assistant in Vigilance Section Administration Department Petitioner claims that he has examined charge-hand an his defence witness and management examined two witnesses - Whether there was any evidence available Before authorities to hold that delinquent is guilty of charge framed against him - Whether respondents are justified in imposing punishment of compulsory etirement on petitioner? - Whether petitioner is entitled for reinstatement into service with all consequential benefits?- Held, IT is seen that petitioner was appointed as a Greaser against a vacancy reserved for ex-servicemen - Petitioner at time of his appointment also possessed licence to drive heavy vehicles - It is only after years or so an enquiry is sought to be made against petitioner on ground that he produced a false transfer certificate at time of his appointment - Pursuant to charge petitioner has no doubt submitted his explanation stating that he studied upto III form in City High School - If in opinion of Medical Board petitioner is incapacitated to discharge his duties as driver it would be open to respondents to retire petitioner voluntarily on medical grounds Till such date of voluntary retirement of petitioner on medical grounds on being advised by Medical Board is ordered petitioner is entitled for all consequential benefits including difference of pay scales if any and other incidental benefits - It is further directed that respondents shall take necessary steps in this regard and complete exercise as directed above within a period of three months from date of receipt of a copy of this order till a final decision is taken respondents shall release monthly salary to petitioner from onwards to till date within a period of two months from today - Once respondents take a decision on basis of medical advise petitioner is entitled to all such benefits according to rules - Court do not think Enquiry Officer had any evidence worth salt before him to reach to conclusion to declare that charge against petitioner is proved - Basing on report of Enquiry Officer third respondent has passed order of compulsory retirement on petitioner with effect - Writ Petition Allowed
( 1 ) PETITIONER seeks a writ of Certiorari calling for the records relating to the orders passed by the third respondent in proceedings No. E/m/pc/4356/2142 dated 19-2-1994 as confirmed by the first respondent in his oroceedings No. Al/mech. 1/ Perl. NS/94. dated23-6-1994 and to set aside the said proceedings by holding them as arbitrary, unjust, illegal and violative of the principles of natural justice. Petitioner further seeks a direction to respondents 1 to 3 to reinstate him as Driver (Upgraded) in the Visakhapatnam Port Trust by duly counting the period of his absence for 19-2-1994 till the date of reinstatement as on duty with all consequential benefits.
( 2 ) PETITIONER states that he studied in C. B. M. High School, Visakhapatnam during the year 1960-61. On account of financial stringencies, he joined the Indian Army as a driver as he had Heavy Truck Driving Licence. Due to compelling circumstances, he sought retirement from Indian Army and accordingly he was discharged from army service.
( 3 ) ACCORDING to the petitioner he was recruited in the Chief Mechanical Engineering department of Visakhapatnam Port Trust as a Greaser against one of the posts reserved for Ex-servicemen. He joined in the said post on 19-11-1969. The qualification required for the post of Greaser in the Mobile Crane Complex of the Chief Mechanical Engineering Department of the Port Trust was. that the person must possess the Heavy Truck Driving Licence. Since the petitioner possessed the same, he was recruited and joined the service. Later on, he was also promoted as Junior Driver and also as Driver (upgraded ). He states that right from the date of joining, he has been serving the department without any blemish.
( 4 ) ON 8-12-1992,while the petitioner was working as driver (upgraded), he was served with a memo by the Chief Mechanical Engineer who is the disciplinary authority. The charge against the petitioner was that he produced a false educational certificate at the time of his entry into Port Trust Service and therefore, it amounted to violation of Regulation 3 (1) of the Conduct Regulations of the Port Trust. Petitioner claims that he submitted his explanation to the said charge memo on 24-12-1992 pointing out that he was not guilty of the said charge. However, not satisfied with the explanation offered by the petitioner, a regular departmental enquiry was ordered and Sri Y. Prabhakar Rao, Executive Engineer (Mechanical) was appointed as an Enquiry Officer on 23-1-1993. The enquiry was conducted between 16-3-1993 and 10-9-1993. Sri M. Seethapathi, Assistant Executive Engineer (Mechanical) was appointed as the Presenting Officer to present the case of the management and whereas the petitioner secured the services of Sri B. Rama Rao, Senior Assistant in Chief Mechanical Engineer s office and Ch. V. Ramana Murthy, Senior Assistant in Vigilance Section, Administration Department Petitioner claims that he has examined Sri Tulsi Rao charge-hand an his defence witness and the management examined two witnesses.
( 5 ) ACCORDING to the petitioner, the Enquiry Officer submitted his report to the disciplinary authority holding the petitioner guilty of the charge. The only reason the Enquiry Officer has shown in the enquiry report is that the transfer certificate produced by the petitioner was forwarded to the Head Master of C. B. M. High school for verification and the Head Master of C. B;m. High School has replied that the said transfer certificate is found to be false as the entries in it were not tallying with their admission register. On the basis of the reply of the Head Master of C. B. M High School that the transfer certificate produced by the petitioner is fictitious, the charge against the petitioner was held proved.
( 6 ) ON the basis of the enquiry report, the third respondent-disciplinary authority issued a show-cause notice to the petitioner on 13-1-1994 proposing to remove him from service. Petitioner states that he ha
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