2006 Supreme(AP) 1135
2006 (6) ALT 771 (D.B.)
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
B. PRAKASH RAO and RAMESH RANGANATHAN, JJ.
Municipal Corporation of Guntur, rep. by its Commissioner and others - Petitioners
Versus
B. Syamala Kumari, Junior Assistant, Municipal Corporation of Guntur and others - Respondents
W.P.No. 13421 of 2006 and Batch
Decided on 27-09-2006.
Advocates appeared
M/s. D. Bala Kishan Rao, P.V. Ramana, G. Vidya Sagar and Y.S. Venkata Rao, Counsel for the Petitioners/Respondents Delinquent employees.
G.Ps. for Municipal Administration, Services-I and Revenue for Respondent/Government.
M/s. B. Venkataratnam and Polisetty Radha Krishna for Respondent/Municipal Corporation/Municipal Council.
Headnote:
A.P.C.S. (CC&A) Rules, 1991 – Rule 20 – Prevention of Corruption Act, 1988 – Section 13 – Code of Criminal Procedure – Section 248(2) – Termination of Services – Misappropriations – Aggrieved by the interlocutory order of A.P. Administrative Tribunal, in OA whereby the petitioner was directed not to dismiss the 1st respondent-applicant from service, on the basis of the judgment of the Special Judge for SPE & ACB Cases,, in C.C, pending further orders, the present writ petition is filed by the Municipal Corporation of Guntur – Held, Tribunal ought not, as a matter of course, grant interim stay of the orders of dismissal, or for that matter any other penalty imposed by the Disciplinary Authority under Rule 25 (i) of the A.P.C.S (C.C&A) Rules. Directing a government servant to be continued in service, pending disposal of the O.A, though the order of dismissal/removal/compulsory retirement was passed on his conviction on a criminal charge of corruption, misappropriation or of such similar acts, is against larger public interest – While the damage suffered by the• delinquent government servant can be adequately compensated later, when final orders are passed setting aside an illegal order of dismissal, an interim order, pending disposal of the O.A, directing that such a government servant be continued in service would seriously impair the integrity and efficiency of Public Service and demoralize other honest government servants – Incalculable harm which such orders can cause, if eventually the OA was to be dismissed, cannot be over-emphasized – Order Accordingly
W.P. No.13421 of 2006:
Aggrieved by the interlocutory order of the A.P. Administrative Tribunal, in OA No. 2414 of 2006 dated 27 -04-2006, whereby the petitioner was directed not to dismiss the 1st respondent-applicant from service, on the basis of the judgment of the Special Judge for SPE & ACB Cases, Vijayawada, in C.C. No. 40 of 2000 dated 04-03-2006, pending further orders, the present writ petition is filed by the Municipal Corporation of Guntur.
2. Brief facts, to the extent necessary, are that the 1st respondent-applicant was working as a Junior Assistant in the Municipal Corporation, Guntur. Consequent upon a trap laid by the A.C.B, while the 1st respondent applicant was demanding and accepting a bribe of Rs.8001- to do an official favour, a case was registered against her in C.C. No. 40 of 2000 before the Special Judge for SPE & ACB Cases, Vijayawada. The Special Judge, by order dated 04-03-2006, convicted the 1st respondent-applicant under Section 248(2) Cr. P .C. and sentenced her to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs.1,000/- for offences under Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988. The 1st respondent-applicant preferred Criminal Appeal No. 390 of 2006, and this Court, by order in Crl.M.P. No. 436 of 2006 in Crl. Appeal No. 390 of 2006 dated 20.03.2006, suspended the sentence and granted her bail pending disposal of the Criminal appeal on condition of her executing a bond of Rs.10,000/- with two sureties each for a like sum to the satisfaction of the Special Judge for SPE & ACB Cases, Vijayawada. Apprehending that she may be dismissed from service, in view of the judgment rendered by the Special Judge for SPE & ACB cases, Vijayawada, in C.C. No. 40 of 2000, the 1st respondent-applicant approached the Tribunal and sought for an interim direction to the respondents not to dismiss her from service in view of the suspension of the sentence by the High Court. The 1st respondent-applicant relied on an earlier order passed by the Tribunal, in O.A. No. 2857 of 2005 dated 25-06-2005, which in turn had relied on its earlier orders and the observations of this Court in W.P. No. 10515 of 2005 dated 29-04-2005. The Tribunal held that in view of the said orders, and with a view to maintain consistency, the petitioners herein must be directed not to dismiss the 1st respondent-applicant from service based on the judgment of the Special Judge for SPE & ACB Cases, Vijayawada, in C.C. No.40 of 2000 dated 04-03-2006, pending further orders. The Government, in its memo No. 2935NIG.IV.2/2001-03 dated 18-3-2006, while informing that the Special Judge for SPE & ACB Cases, Vijayawada had pronounced judgment on 04-03-2006, and had convicted and sentenced the 1st respondent applicant to undergo rigorous imprisonment for a period of one year and also to pay a fine of Rs.1,000/- and in default to suffer simple imprisonment for a period of three months, requested the 1st petitioner herein to obtain a copy of the judgment and advised them to dismiss the 1st respondent-applicant from service in view of her conviction and as per the orders of the Government in G.O.Ms. No.2, G.A. (SER.C) Dept, dated 04-01-1999.
W.P. No. 7829 of 2006:
3. Aggrieved by the interlocutory order of the Tribunal, in O.A. No. 642 of 2005 dated 07-02-2005, suspending the proceedings of the 2nd petitioner herein, dated 28-02-2005, the present writ petition is filed.
4. The 1st respondent-applicant was appointed as a Tracer on 06-10-1990 in the office of the Commissioner, Bodhan Municipality. He was subsequently promoted as a Town Planning Building Overseer on 11-10-2002. While he was working in the office of the Commissioner, Bodhan Municipality, the 1st respondent-applicant was trapped by the A.C.B on 06-04-1993 and was placed under suspension on 18-10-1993. He was subsequently reinstated into duty with effect from 31-07-1999. The Principal Special Judge for