The court emphasized that the enhancement of penalty, the nature of the petitioner's acquittal, and the proportionality of the punishment were crucial in reaching its decision.

JUDGMENT :

Ravi Nath Tilhari, J.

Heard Sri P.S.P. Suresh Kumar, learned counsel for the petitioners and the learned Government Pleader for Services-I for the respondents.

2. This writ petition has been filed under Article 226 of the Constitution of India by the petitioner K. Koteswara Rao challenging the judgment of the Andhra Pradesh Administrative Tribunal (Tribunal) at Hyderabad passed on 28.10.2002 in O.A.No.3240 of 2001 which was dismissed by the Tribunal as devoid of merits.

3. During pendency of the writ petition, the original petitioner (Petitioner No.1) having died was substituted by the petitioners 2 to 5.

4. The petitioner No.1 was appointed as an attender in the office of the District Registrar, Krishna District at Machilipatnam-3rd respondent and was later on promoted to the post of Junior Assistant vide proceedings dated 03.07.1992. He joined on 04.07.1992. The Controller of the examinations vide letter dated 27.10.1992 informed the District Registrar that the Matriculation Original Passed Certificate (Certificate) submitted by the 1st petitioner to obtain promotion to the post of Junior Assistant was not genuine. The 2nd respondent-the Deputy Inspector General of Registration and Stamps decided to initiate the departmental enquiry vide proceedings dated 11.12.1992 and the 3rd respondent was authorised to conduct a regular enquiry. The petitioner No.1 was placed under suspension by order dated 14.12.1992. The 3rd respondent submitted a report dated 06.02.1994 that the 1st petitioner was guilty of filing false Matriculation Certificate. The 2nd respondent imposed the penalty of reduction of his pay to a minimum in the time scale of the post of an attender. The 1st respondent, Inspector General of Registration and Stamps kept the order of penalty in abeyance vide memo dated 03.08.1994 and issued the show cause notice to the 1st petitioner proposing to enhance the punishment; calling upon him to submit the explanation to which the 1st petitioner submitted explanation dated 18.08.1994. Later on vide order dated 23.09.1994 the punishment of removal from service with immediate effect, was imposed on 1st petitioner. Against the same he submitted a representation to the Government of Andhra Pradesh, on 22.11.1994.

5. Besides the departmental proceedings, the respondents 1 to 3 also initiated the criminal proceedings in C.C.No.103 of 1993 on the file of the learned II Additional Judicial Magistrate of the First class, Machilipatnam. In the said criminal case, the learned Magistrate convicted the 1st petitioner and imposed a punishment of rigorous imprisonment for a period of six months and also a fine of Rs.500/- vide judgment dated 30.03.1999. The 1st petitioner preferred an appeal being Criminal Appeal No.75 of 1995 in which the learned Additional Junior Civil Judge, Krishna at Machilipatnam exonerated the 1st petitioner from the charges and acquitted by setting aside the judgment of the Magistrate, vide judgment dated 25.09.1995.

6. The 1st petitioner submitted a representation dated 15.07.1998, in view of his acquittal, before the 1st respondent for his reinstatement to the appropriate post, upon which remarks were called which were submitted by the 1st respondent on 23.12.1998 but inspite of many representations, final decision was not taken.

7. The 1st petitioner filed O.A.No.3240 of 2001 before the A.P. Administrative Tribunal to set aside the proceedings dated 23.09.1994. Pending the O.A proceedings, the petitioner’s representation dated 15.07.1998 was rejected by the Government on 31.12.1999.

8. The Tribunal dismissed the O.A by judgment dated 28.10.2002, which is impugned in the present writ petition.

9. Learned counsel for the petitioner raised the following submissions:

i) The order of penalty of stoppage of increments could not be enhanced to “removal” by exercising the revisional power taking recourse to the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 (in short, “APCCA Rules, 1991”).