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2009 Supreme(AP) 810

VILAS V.AFZULPURKAR, V.ESWARAIAH
State of A. P. rep. by its Principal Secretary to Government – Appellant
Versus
P. Rajasekhar – Respondent


Advocates appeared:
G.P. for Services I and G.P for Services II for the Petitioners.
M/s. Venkateswar Varanasi, M. Viswanadham, K.R. Prabhakar, S.R. Sanku, N. Ashok Kumar, Harinath Reddy Soma, Mrs. Lakshmi D.S., D. Bala Kishan Rao, D. Linga Rao, K. Ram Reddy, V. Venugopal Rao, M. Venkata Narayana, P.V. Ramana, Mrs. P. Revathi, K. Venkaresh Gupta, S. Gopal Rao, Ch. Ganesh, Srinivasa Rao Bodduluri, A. Sreedhar, Subba Rao Korrapati, Counsel for the Respondents.

ORDER

Per Vilas V. Afzulpurkar, J.

In this batch of cases, the question involved is regarding the authority of the State/Disciplinary Authority to impose penalty on a Government servant, based upon his conduct leading to his conviction on a criminal charge, as provided under Rule 25 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 (hereinafter referred to as CCA Rules). The said issue is no more res integra in view of the pronouncements of the Su preme Court in Dy. Director of Collegiate Education (Admn.) v. S. Nagoor Meera (1) (1995) 3 SCC 377; Union of India v. V.K. Bhaskar (2) (1997) 11 SCC 383; Union of India v. Ramesh Kumar (3) (1997) 7 SCC 514 = 1997 (5) AL T 20 (D.N); K.C. Sareen v. CBI (4) (2001) 6 SCC 584; Haryana State Coop. Supply and Marketing Federation Ltd. v. N.K. Sharma (5) 1997 SCC (L&S) 1766; Noida Entrepreneurs Assn. v. Noida (6) (2007) 10 SCC 385 = 2007 (4) SCJ 839 = 2008 (1) ALT 4.1 (DNSC); apart from a Division Bench judgment of this Court in Municipal Corporation ofGuntur v. B. Syamala Kumari (7) 2006 (6) ALT 771 (DB).

2. One such matter involving the same issue was decided by the Andhra Pradesh 1: Administrative Tribunal (A































































































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