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2013 Supreme(AP) 327

HIGH COURT OF ANDHRA PRADESH
R. SUBHASH REDDY & B. CHANDRA KUMAR, JJ.

D. Srinivas
Versus
The Govt. of A.P. & Others
Writ Petition No.2826 of 2013
Decided on: 26-04-2013

Advocates:
Advocate Appeared:
For the Petitioner:P. Suresh Reddy, Advocate.
For the Respondents: R1 & R2, GP for Services II.

Headnote:

A.P. Civil Services (Conduct) Rules, 1964 – Rules 3(1) and 3(2) – delay – Petitioner has questioned validity of order passed in O.A. and, further, order passed in Rev.M.A. in said O.A., by Andhra Pradesh Administrative Tribunal – Held, Regular departmental enquiry is conducted and on one ground or other enquiry officers were changed, which is admitted in counter-affidavit, stating that delay is only on account of administrative reasons – Court is of considered view that there is abnormal and unexplained delay on the part of the disciplinary authority in completing the enquiry and imposing punishment – Such an action is contrary to judgments referred above apart from the executive instructions issued by the Government itself – Impugned order is liable to be set aside – Order passed in O.A. and, further, order passed in Rev.M.A., by A.P. Administrative Tribunal, is set aside – Writ Petition Allowed (Paras 18, 19)

JUDGMENT

R. Subhash Reddy, J.

1. In this writ petition, petitioner has questioned the validity of order dated 02.12.2011 passed in O.A.No.8278 of 2011 and, further, order dated 04.12.2012 passed in Rev.M.A.No.3802 of 2011 in the said O.A., by the Andhra Pradesh Administrative Tribunal, Hyderabad.

2. Petitioner, in the aforesaid O.A., before the Tribunal, has questioned order dated 28.07.2011 passed in G.O.Rt.No.734, Transport, Roads & Buildings (Vig.I) Department dated 28.07.2011, by which penalty of stoppage of three annual grade increments without cumulative effect is imposed against him on the alleged proven misconduct in the departmental enquiry conducted in the disciplinary proceedings initiated against him.

3. Necessary facts in brief are as under:

During the year 1998, petitioner was working as Assistant Engineer (Electrical) in the office of Electrical Engineer, Nampally, Hyderabad. The then Executive Engineer (General) has invited tenders from electrical contractors for award of work of electrical installations in the newly constructed 20 bedded hospital in the premises of Juvenile Home for Girls, Nimboliadda, Hyderabad, worth about Rs.38,000/-. Certain discrepancies with regard to proposed rates of certain items were noticed by the Electrical Engineer (General) before opening of tenders. One of the electrical contractors has filed complaint before the Upa Lokayuktha, A.P., against Sri Y.G. Edward, the then Electrical Engineer (General), R&B Secunderabad alleging that with regard to certain items in the aforesaid tender exorbitant rates were shown to cause loss of Rs.10,616.70 Ps. Preliminary enquiry was conducted in the matter and based on the preliminary enquiry report, memo dated 01.05.2000 was issued to the then Executive Engineer (General) and to the petitioner herein to show cause why punishment should not be imposed by reverting the petitioner to lower post. Petitioner submitted his explanation to the said memo, inter alia, stating that there was neither any misconduct nor any willful fault which resulted in loss to the Government by the steps taken by him. Further proceedings were dropped pursuant to the show-cause notice, but, thereafter, regular departmental enquiry was initiated by framing charge against the petitioner and also the then Executive Engineer (Electrical) by name Y.G. Edward. The article of charge framed against the petitioner in the disciplinary proceedings pursuant to Memo No.2221/Ser.I-3/2000-2, dated 09.01.2001, reads as under:

“That the said Sri D. Sreenivas, Assistant Engineer (R&B) Electrical, Office of the Electrical Engineer (General), Hyderabad, has proposed inflated rates over S.S.R. for the items of work at Sl.No.12, 13 and 14 in Tender Schedules for the work of providing electrical installations to the newly constructed 20 bedded Hospital in the premises of Juvenile Home for Girls (Tahaggi-Jail) at Nimboli Adda, Hyderabad, and called for Tenders vide C.T.No.9/99-2000, dt.24.06.99. He has also manipulated the documents duly including cost of conduit pipes already laid with mala fide intention. Thereby, Sri D. Sreenivas, Assistant Engineer (R&B) Electrical, has attempted to cause financial loss of Rs.10,617/- to the Government. Thus, he has violated Articles 3(1), Article-4 of A.P. Financial Code, Volume-I and Rules 3(1) and 3(2) of A.P. Civil Services (Conduct) Rules, 1964.”

Petitioner has filed explanation denying the allegations made against him in the said charge memo. Having not satisfied with the explanation of the petitioner, a regular enquiry was conducted. Basing on the report submitted by the enquiry officer, orders are passed by the Government imposing punishment of stoppage of three increments without cumulative effect. The enquiry which was conducted in the departmental proceedings is common against the petitioner and the then Executive Engineer (General). When order was passed by the 1st respondent-Government entrusting the matter to Commissioner of Inquiries for common





























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