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D. V. S. S. SOMAYAJULU, BANDARU SYAMSUNDER
State of Andhra Pradesh, Rep. by its Principal Secretary – Appellant
Versus
Motupalli Narasimha Raju, S/o. Neelakaneswara Rao – Respondent
ORDER :
Bandaru Syamsunder, J.
This Writ Petition is filed by the petitioners seeking Writ of Certiorari or any other appropriate Writ by calling for the records, relating to and connected with the Orders, dated 13.04.2016 in O.A.No.4166 of 2014 on the file of Andhra Pradesh Administrative Tribunal and to quash or set aside the same, as illegal, contrary to law, in exercise of jurisdiction and unconstitutional, and to pass such other Order or Orders, which are deemed fit and proper in the circumstances of the case.
2. The respondent No.1, who is working as Police Constable in Gajuwaka Police Station, Duvvada Zone of Visakhapatnam city, filed O.A.No.4166 of 2014 assailing the legality of proceedings in D.O.No.412 of 2014, C.No.27/MPR/A10/2014, dated 15.05.2014, issued by the 2nd petitioner/2nd respondent, where under 2nd respondent imposed penalty PPI for three years without effect on future increments and pension. It is the contention of the 1st respondent before the Administrative Tribunal that he was appointed as Police Constable in the year 1993 and was deputed to Railway Police in the year 1995, and he was repatriated to his parent Department in the year 2000, and gain in the yea
The main legal point established in the judgment is the significance of adhering to the principles of natural justice, ensuring procedural compliance, and providing a fair and reasoned decision-makin....
The court emphasized that the disciplinary proceedings were conducted in accordance with the procedures under the Discipline and Appeal Rules, and the scope of judicial review was limited in this cas....
The judgment emphasizes the importance of specific and proven charges, adherence to procedural rules, and consideration of the petitioner's explanation in disciplinary proceedings.
The main legal point established in the judgment is that disciplinary orders must comply with the principles and provisions of the applicable rules and regulations, including the requirement for vali....
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 court emphasized that a disciplinary order must provide clear reasoning; failing this, the order is unsustainable and violates principles of natural justice.
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