2017 Supreme(AP) 66

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
P. Naveen Rao, J.
T. Ranjeeth Singh S/o Heeralal Admn Officer - Petitioner
Vs.
State of Telangana Rep by its Additional Chief Secretary, Higher Education Department, Secretariat, Hyderabad and Others - Respondents
Writ Petition No. 5961 of 2017
Decided On : 08-03-2017

Headnote:

Constitution of India - Article 226 - Petitioner was earlier working as Administrative Officer of Jawaharlal Nehru Government Polytechnic college - He was served with charge memo dated 26.11.2015 containing two charges. The sum and substance of the first charge is that he was repeatedly affronting superiors with disobedience, misdemeanor, insubordination, disrespectful attitude, irregular and negligent towards his duties. The sum and substance of second charge is that he was not following financial norms and involved in financial irregularities, incorrect calculations of income tax of teaching staff irregular and disbursement of retirement/death benefits and non remittance of undisbursed amounts - Enquiry Officer conducted enquiry and submitted his report vide letter dated - After submission of the report of the Enquiry Officer, petitioner was served with show cause memo dated impugned in the writ petition calling upon the petitioner to submit his explanation as to why punishment should not be imposed based on the findings of the Enquiry Officer - At this stage this writ petition is filed - Petitioner contended that the Enquiry Officer has not followed the mandate of Rule of APCS (CCA) Rules to conduct enquiry witnesses were not examined and no opportunity of cross examination was given to the petitioner. Witnesses were supplied with questionnaire and replies furnished by them were taken into consideration relevant and important documents which have a bearing to hold the charges were not supplied - He would therefore submit that based on illegal enquiry conducted the present show cause memo is issued. Since enquiry was not conducted in accordance with the mandate of the Rules the consequential action is not legal and therefore the show cause memo is liable to be set aside - Held, Court it is clear that enquiry was not conducted as required by the Rules witnesses were not examined documents based on which charges were leveled and relied upon during the course of enquiry were not furnished to the petitioner - There is extensive reference to the statements of the witnesses to hold the charges as proved but as per the record the persons were not examined during the course of enquiry and opportunity of cross examination was not offered to the petitioner - Enquiry officer circulated printed questionnaire elicited information from the Principal and other persons and based on the said replies furnished by them recorded his conclusions - Evidence of witnesses on behalf of the prosecution should be recorded in the presence of delinquent employee and he should be afforded opportunity to cross examine them - After closure of the recording of evidence on behalf of the prosecution, opportunity should be afforded to the delinquent employee to present his evidence - Accepting the said report of the enquiry officer, show cause notice is issued calling for explanation why punishment cannot be imposed contentions urged go to the root of the matter - When procedure followed by the Enquiry Officer is wholly illegal and palpable the delinquent employee need not be subjected to the rigmarole of submission of explanation inviting a decision by the disciplinary authority and then resorting to legal recourse - This case falls into the exceptional category wherein Court is inclined to entertain the writ petition and set aside the show cause notice at this stage itself and relegate to the stage of conducting enquiry afresh - Such course is also in public interest - Respondents decide to proceed with the disciplinary action they shall conduct and complete the disciplinary proceedings as expeditiously as possible preferably within a period of three months from the date of receipt of copy of this order by strictly observing the mandate of CCA Rules - It is needless to observe that before commencement of the enquiry proceedings, all the documents relied by the disciplinary authority and the documents based on which charges are leveled, shall be supplied to the petitioner - Petition is allowed.