(Per GMJ)

In this Writ Petition, the State Officials seeks to assail the order dated 21.01.2010 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad, allowing the O.A.No.10513 of 2009, which was filed by the first respondent herein seeking to set aside the proceedings dated 07.08.2009, whereby the first respondent was removed from service; and consequently to quash the above order of the Tribunal.

The case of the petitioners is that the first respondent, while furnishing the attestation Form-I on 09.11.1994 regarding his selection as Police Constable, willfully suppressed the information regarding his involvement in the criminal proceedings. Thereafter, he was selected as Police Constable in 1995 and was promoted as Sub Inspector of Police. Therefore, the first respondent was served with charge memo dated 06.12.2004. Though the inquiry officer, after regular inquiry, found him not guilty, disagreeing with the same, the disciplinary authority sent a dissenting note to the first respondent calling for his representation. The disciplinary authority, considering records, findings of the inquiry officer and the representation, found the first respondent guilty of the charge and awarded punishment of removal from service vide proceedings dated 07.08.2009. It is stated that the Tribunal erred in holding that there was delay in initiating disciplinary proceedings against him since as soon as the information has come to the notice of the competent authority, action was initiated, that the suppression of involvement in criminal case was willful and that the punishment was not excessive. Therefore, the petitioners seek to quash the order dated 20.01.2010 passed in O.A.No.10513 of 2009.

3. The case of the first respondent is that he was appointed as a Police Constable in Karimnagar District in 1995 and while undergoing training, he was selected as Sub-Inspector of Police on 17.08.1995 and has been discharging duties as such. While so, he was subjected to departmental disciplinary inquiry in pursuance of the charge memo dated 06.12.2004 on the alleged misconduct of suppression of the fact of his involvement in Crime No.175 of 1994 on the file of the Godavarikhani I Police Station for the offence punishable punishable under Section 24 read with 34 I.P.C. The crime was registered based on a complaint given by one Anjaneyulu against the school management of Abhinava Vidyalaya, where the first respondent used to work as a Private Teacher, including the first respondent, regarding a compound wall of the complainant abutting the school. Charge sheet was filed in C.C.No.34 of 2000 on the file of the Court of the Judicial Magistrate of First Class, Manthani, and by judgment dated 20.07.2000, the first respondent was acquitted. Therefore, the inquiry officer, after conducting inquiry as per Rule 20 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 (‘1991 Rules’ for short), found the first respondent not guilty, by a reasoned order. The disciplinary authority – D.I.G. of Police, Warangal, disagreeing with the inquiry report issued a dissent note and communicated the same to the first respondent. Assailing the same, he filed O.A.No.9506 of 2009, during pendency of which he was served with proceedings dated 07.08.2009 issued by the disciplinary authority finding him guilty of misconduct and removing him from service. Aggrieved by the same, he filed O.A.No.10513 of 2009 and the Tribunal rightly set aside the proceedings dated 07.08.2009.

4. The learned Government Pleader for Services – I appearing for the petitioners submits that the act of the first respondent suppressing the requisite information regarding his involvement in criminal proceedings, at the time of filling the attestation form, was erroneous; that the punishment of removal from service as imposed is not excessive and that the Tribunal erred in setting aside proceedings dated 07.08.2009. In support of this contention, he has dr