Ramesh Ranganathan, J.

This Writ Petition is filed by the State of Andhra Pradesh and the Director of Survey and Settlements aggrieved by the order passed by the A.P. Administrative Tribunal (for short ‘the Tribunal’) in O.A.No.1152 of 2011 dated 23.07.2014. The 1st respondent herein, an Inspector of Survey, Settlement & Land Records, invoked the jurisdiction of the Tribunal to declare the proceedings dated 05.02.2011, issued by the Commissioner of Survey and Settlements, as arbitrary, illegal, malafide, in violation of Articles 14 and 21 of the Constitution of India, and ultra-vires Rule 20 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 (the “Appeal Rules” for short).

The 1st respondent was initially appointed as a Deputy Surveyor in the year 1982. He was subsequently promoted as a Surveyor, then as a Deputy Inspector and later as the Inspector of Survey in the years 1992, 2002 and 2003 respectively. The Anti- Corruption Bureau registered a criminal case against him, in Cr. No.28 of 2009 dated 26.12.2009, for possession of assets disproportionate to his known sources of income. The 1st respondent was placed under suspension on 05.02.2010. Aggrieved thereby, he filed O.A. No.2259 of 2010. The Tribunal, by its order dated 28.04.2010, directed that he should be reinstated into duty. Consequently he was reinstated, and is continuing in service ever since. On the ground that his case was not considered for promotion, to the next higher post, the petitioner filed O.A. No.3092 of 2010, and the Tribunal directed the petitioners herein to consider his case for promotion without reference to the criminal case. Alleging that the order of the Tribunal was not implemented, he filed C.A. No.822 of 2010. The Tribunal directed the Commissioner of Survey and Settlements to appear before it on 10.03.2011. In the meanwhile proceedings dated 05.02.2011 were issued proposing to hold an enquiry against the 1st respondent in accordance with the procedure laid down in Rule 20 of the Appeal Rules. Rule 20 of the Appeal Rules prescribes the procedure for imposing major penalties and, under sub-rule (1) thereof, no order imposing any of the penalties, specified in clauses (vi) to (x) of Rule 9, shall be made except after an inquiry is held, as far as may be, in the manner provided therein and Rule 21 or in the manner provided by the Andhra Pradesh Civil Services (Disciplinary Proceedings Tribunal) Act, 1960 or the Andhra Pradesh Lokayukta and Upa-Lokayukta Act, 1983, where such inquiry is held under the said Acts.

The charges levelled against the first respondent herein, in the proceedings dated 05.02.2011, are that:-

(1) He had failed to submit the Annual Property Statements for the year 2006, 2007, 2008 and 2010. Thus he had violated Sub-Rule 7 of Rule 9 of The Andhra Pradesh Civil Services (Conduct) Rules, 1964.

(2) He had acquired movable and immovable properties, worth about Rs.40,75,500/- (Rupees Forty Lakhs, seventy five thousand, five hundred only) as shown below, without informing the Department. Thus he had violated Sub-Rule 7 of Rule 9 of The Andhra Pradesh Civil Services (Conduct) Rules, 1964 (hereinafter called the “Conduct Rules”).

The charge memo gives details of the property, which the 1st respondent had allegedly acquired, in a tabular form which is as under: