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A. V. SESHA SAI, V. SRINIVAS
Ch. Satya Prasad Rao – Appellant
Versus
Appellate Authority-cum-Registrar Admn. – Respondent
ORDER :
A.V.Sesha Sai, J.
In the present Writ Petition, challenge is to the order of dismissal of the petitioner from service passed by respondent No.2- Disciplinary Authority-cum-learned Principal District Judge, East Godavari District, Rajahmundry, vide D.E.FILE No: 53/13 :: Order dated 23.01.2017, as confirmed in the appeal by respondent No.1 herein, vide Order in D(D)A.No.09/2017,C.4 (Con.), Dated 21.05.2018.
2. The petitioner herein joined in service as a Field Assistant in the Court of the Junior Civil Judge, Alamuru, East Godavari District, on 03.02.1997 and subsequently, on promotion, he was posted on 14.06.2005 in the Court of the Junior Civil Judge, Razole, East Godavari District. Subsequently, he was posted in the Court of the Judicial Magistrate of the First Class, Addateegala. As on the date of dismissal, the petitioner was working as Field Assistant in the Court of the Junior Civil Judge, Razole, East Godavari District.
3. In connection with a complaint made by a Placement Agency, i.e., SBEUCC Society, Kakinada, stating that the ESI, EPF, Insurance, etc., of the Outsourcing Employees were not received, the learned Judicial Magistrate of the First Class, Addateegala, submi
The judgment emphasizes the importance of specific and proven charges, adherence to procedural rules, and consideration of the petitioner's explanation in disciplinary proceedings.
Distinct allegations against employee charged in the same transaction would be justified being based on a valid classification and no perversity or arbitrariness can be alleged in the process.
Disciplinary proceedings vitiate if an inquiry is conducted without serving proper notice to the delinquent, denying the right to cross-examine witnesses and failing to furnish a copy of the inquiry ....
Point of Law : It would not be safe to rely on the examination-in-chief recorded which was not subjected to cross examination before the summon was made.
Removal from service upheld for postal employee's misappropriation and breach of trust; Tribunal limits interference in disciplinary proceedings unless procedural flaws evident.
The main legal point established in the judgment is that the recovery of dues from a retired employee and the continuation of a departmental enquiry after retirement must be in accordance with the ap....
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