Andhra Pradesh High Court
Judges : B.V.RANGA RAJU, S.PARVATHA RAO
B.Balasudarshan - Appellant
Versus
Registrar (Management), High Court of A.P., Hyderabad - Respondent
Decided On : 09-23-96
Andhra Pradesh Civil Services (C. C. A.) Rules, 1963 - Rule 24 - Central Civil Services (Classification, Control and Appeal) Rules, 1965 - Rule 27 (2) - Service Regulations, 1979 - Regulation 70 (2) - Whether procedure laid down in Rules has been complied with and if not whether such non-compliance has resulted in violation of any provisions of Constitution or in failure of Justice - Petitioner seeks a Writ of Certiorari to quash order - Petitioner states that he was appointed as Copyist on and that he was promoted as Typist in year and worked in several places in Kurnool District - While he was working as Typist in the Sub-Court at disciplinary proceedings were initiated against him by respondent herein on - Principal Subordinate Judge was appointed as an Enquiry Officer to conduct the enquiry against him - Enquiry Officer framed seven charges and found charges proved in his enquiry report in Enquiry - Held, Supreme Court held as follows High Court has taken view that rule requires appellate authority to pass a speaking order even if it is an order of affordance - For purpose of this case court shall assume said view to be the correct one - Even so we are not satisfied that the appellate order is not a speaking order - Court have already extracted appellate order in full which shows that it considered at length facts of case including fact that appellate authority sic disciplinary authority had differed from findings of the Enquiry Officer in respect of two charge - Appellate authority then says that it considered relevant grounds of appeal and after considering facts of case came to conclusion that there was no substance in appeal - Writ Petition dismissed.
( 1 ) THE petitioner seeks a Writ of Certiorari to quash the order in ROC. ; No. 18/96. C. II/1, dated 30-4-1996 passed by the 1st respondent and to direct the respondents to give all consequential benefits, etc.
( 2 ) THE petitioner states that he was appointed as Copyist on 10-5-1982, and that he was promoted as Typist in the year 1983 and worked in several places in Kurnool District. While he was working as Typist in the Sub-Court at atmakur, disciplinary proceedings were initiated against him by the 2nd respondent herein on 10-2-1993. The Principal Subordinate Judge, Kurnool was appointed as an Enquiry Officer to conduct the enquiry against him. The enquiry Officer framed seven charges and found charges 3 and 4 proved in his enquiry report dated 22-8-1994 in Enquiry No. 1 of 1993. The 2nd respondent agreed with the Enquiry Officer as regardshis findings on charges 3 and 4, but disagreed with him as regards findings on charge No. 5 and found that charge also proved against the petitioner herein in his order in Dis. No. 7822/estt/95 dated 24-11-1995. It is stated in the said order that on those findings, a show-cause notice was issued to the petitioner as to why his pay should not be reduced to the minimum in the time scale of pay of Junior assistant/typist. After detailed considering (sic. consideration of) the representation of the petitioner to the said show-cause notice, the 2nd respondent held as follows:"in view of the fact that the proved charges relate to indiscipline, neglect of duty, evasion or avoidance of work and misbehaviour towards officers and other members of the staff, a lenient view cannot be taken. But, however I am of the opinion that instead of the punishment of reduction of pay to the minimum in the time scale, the punishment of stoppage of two annual increments of the delinquent with cumulative effect would sub-serve the cause of justice". In the result, he awarded the punishment of stoppage of two annual increments of thedelinquent with cumulative effect. That was questioned by the petitioner by way of Writ Petition No. 27982 of 1995 before this court. The said Writ petition was disposed of by a learned single Judge by his order dt. 20-12-1995 directing the said Writ Petition to be treated as an administrative Appeal on the administrative side of the High Court. Pursuant to the said direction, the High Court considered the matter as an appeal preferred by the petitioner on the administrative side of the High Court and disposed of the same by the following order, impugned now. "after consideration of the appeal of Sri B. Balasudarshan, Typist, Family court, Kurnool 1st read above and the letter of the District Judge, Kurnool 2nd read above and also the connected record, the High Court holds that there is no substance in the appeal, that the punishment awarded is also proper and that, therefore, the appeal is liable to be dismissed. "
( 3 ) THE petitioner questions the said order of the High Court describing it as an order of the 1st respondent i. e. , The Registrar (Management ). That is not correct. The 1st respondent only purports to communicate the decision of the High Court. That is clear from the statement: "the High Court holds that there is no substance in the appeal. "
( 4 ) APART from the grounds raised in the Writ Petition No. 27982 of 1995, the only additional ground raised in the present Writ Petition by the petitioner is that the said appellate order dated 30-4-1996 is not a speaking order and that it does not give any reasons while confirming the order of the 2nd respondent and, therefore, is bad. Two of the grounds raised in the present writ Petition, which were also raised in Writ Petition No. 27982 of 1995, arc that the charges were vague and that no reasonable opportunity was given to the petitioner inasmuch as the documents sought by him were not furnished and that the witnesses sought to be examined by him were not allowed to be examined. Before proceeding furth
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