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A. V. SESHA SAI, V. SUJATHA
M. Tirupathi Rao, S/o. late Bheema Raju – Appellant
Versus
State of Andhra Pradesh, Represented by its Secretary, Department of Law (L. A & J-Home Courts-B) – Respondent
ORDER :
A.V.Sesha Sai, J.
Heard Smt. K.Pallavi, learned counsel for the petitioner, Sri Aswartha Narayana, learned Government Pleader for Services-I, Sri K.Srinivasa Rao, learned Standing Counsel for respondents 2 and 3 apart from perusing the material available on record.
2. Challenge in the present writ petition is to the order passed by the State Government vide G.O.Ms.No.64, HOME (COURTS-B) DEPARTMENT, dated 19.04.2017 and the consequential order of rejection dated 06.03.2019, rejecting the representation of the petitioner. The petitioner herein joined as Amin in the Court of Munsif Magistrate, Razole on 20.12.1977. After periodical promotions, he retired from service while working as Superintendent in the Agency Court of Judicial First Class Magistrate, Rampachodavaram, East Godavari District, pursuant to the order of compulsory retirement passed by the learned Principal District Judge, Rajahmundry on 01.10.2009. In respect of certain allegations pertaining to the period 27.04.2005 to 16.05.2007, six disciplinary proceedings were initiated. Out of six departmental enquiries, in respect of four, 1st respondent State Government issued G.O.Ms.No.31, LAW (LA&J-HOME-COURTS-D1) DEPARTM
The authority to issue a revised show-cause notice in disciplinary actions is not permitted under the Administrative Tribunals Act, ensuring adherence to procedural law.
The Disciplinary Authority must provide a tentative opinion and an opportunity for hearing before disagreeing with the Inquiry Officer's findings, adhering to principles of natural justice.
The main legal point established is the requirement to adhere to principles of natural justice, including the disclosure of reasons for decisions and the supply of vital materials considered before i....
Article 351-A of CSR empowers the Governor to institute or continue inquiry after retirement.
The court established that non-compliance with procedural requirements, particularly the supply of relevant documents, violates natural justice and invalidates disciplinary actions.
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