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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
A.V. Sesha Sai, Ravi Cheemalapati, JJ.
V.Venkateswarlu, Chittoor Dist. – Petitioner
Versus
Prl. Secy., Rev. Dept. Ors. – Respondents
Writ Petition No.38626 of 2015
Decided On : 23-03-2022
Constitution of India, 1950 - Article 226 – Indian Penal Code, 1860 - Section 306 - APCS (Conduct) Rules, 1964 - Rule 3(2) - Administrative Tribunals Act, 1985 - Section 19 - Abetment of suicide – Power of High court to issue writs -Whether the order of the Tribunal warrants any interference of this Court under Article 226 of the Constitution of India - Whether impugned order passed by the Tribunal, confirming order of punishment is sustainable and tenable – Held, finding of the Tribunal that acquittal of the petitioner was not honourable acquittal and was due to the failure on the part of the prosecution to prove the guilt of the accused beyond reasonable doubt cannot be sustained. In fact, the learned Sessions Judge, categorically recorded a finding that the evidence on record was no way helpful to the case of the prosecution in incriminating the accused to the crime and that the prosecution failed to prove the guilt of the accused beyond all reasonable doubt. It is definitely not a case of extension of benefit to the petitioner, having regard to the contents of the judgment rendered by the learned Sessions Judge - In these circumstances, this Court is of the view that the conclusions arrived at by the Tribunal are highly erroneous and contrary to law laid down by the Hon’ble Apex Court - Writ Petition allowed.
ORDER :
A.V. Sesha Sai, J.
Unsuccessful applicant in Original Application No.3152 of 2010 on the file of the Andhra Pradesh Administrative Tribunal at Hyderabad (hereinafter called, ‘the Tribunal’) is the petitioner in the present Writ Petition. Challenge in the present Writ Petition is to the order dated 28.10.2015 passed by the Tribunal, dismissing O.A.No.3152 of 2010. Pursuant to the registration of Crime No.113 of 2000 on the file of II Town Police Station, Madanapalle, against the petitioner herein for the offences alleged under Section 306 I.P.C., the Deputy Inspector General, Registration and Stamps, Kurnool, issued a charge memo dated 30.05.2001, framing the following Articles of Charges against the petitioner:
He developed illicit intimacy with late K.Jayanthai, W/o.Thokata Siddaiah who got divorced before Lok Adalat. Since then he was having contact with Jayanathi and promised to marry her. The deceased Jayanthi used to go to the house of the accused and demanded and requested to marry her on 5-9-2000 evening also she went to the house of the accused and asked him to marry her. He beat, scolded and driven away her from his house saying that go and die, but he could not marry her. From then she suffered a lot mentally about her life and fell down in front of tea shop of Ameet Basha at Madanapalli by consuming poison on 9-9-2000. She was shifted to Government Hospital by him for treatment. Then the case was referred to SVVP Hospital, Tirupathi for better treatment where she died on 26-9-2000 at about 12- 15 PM. A case was registered in Cr.No.113/2000 at II Town Police Station, Madanapalli and he was arrested on 29-9-2000 at …. Reddy Hospital, Madanapalli. He was produced before First Class Magistrate, Madanapalli on 3-10-2000 and was remanded to Judicial Custody till 17-10-2000. Thus he violated Rule 3(3) of APCS (Conduct) Rules, 1964.
Basis of the charges:-
F.I.R.No.113/2000 dt.29.9.2000 of II Town Police Station, Madanapalli. Copy of complaint of Smt. K.Amaravathi W/o. late K.Seshaiah and True copy of Remand Report of Sub Inspector of Police. II Town Police Station Madanapalli as CA.No.3724 of 2000 issued by Addl. Dist. Judge Court, Madanapalli wherein it is noted that he was remanded to Judicial Custody till 17-10-2000.
Article-II
That the said Sri V.Venkateswarlu, Senior Assistant, Sub Registrar’s Office, Madanapalli while functioning as Senior Assistant at Sub Registrar’s Office, Madanapalli during the year 2000 was involved in a case of moral turpitude having developed illicit intimacy with late K. Jayanthi a resident of Madanapalli torcing her to commit suicide by consuming poison due to his refusal to marry her. Thus he violated Rule 3(2) of APCS (Conduct) Rules, 1964.
Basis of the charge:
F.I.R. No.113/2000 dt.29.9.2000 of II town Police Station, Madanapalli, copy of complaint of Smt. K.Amaravathi, W/o. Late K.Seshaiah and true copy of Remand Report of Sub Inspector of Police II Town Police Station, Madanapalli as C.A.No.3724/2000 issued by Addl. Dist. Judge Court, Madanapalli wherein it is noted that he was remanded to Judicial Custody on 17.10.2000."
2. In response to the same, the petitioner herein submitted an explanation on 21.06.2001. Thereafter, the Disciplinary Authority appointed Enquiry Officer and the said Enquiry Officer, after holding enquiry, submitted a report dated 10.04.2003, holding the charges as proved. Thereafter, after issuing show cause notice dated 22.04.2003 and after receipt of the explanation from the petitioner dated 28.05.2003, the Disciplinary Authority/respondent No.3 herein, vide proceedings No.A/3489/2000 dated 14.08.2003, inflicted on the petitioner the penalty of stoppage of annual grade increm
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