The findings in the criminal and departmental proceedings were based on the same set of facts, and acquittal in a criminal case does not automatically entitle the individual to relief in departmental proceedings. Adherence to principles of natural justice in disciplinary proceedings and the limited scope of judicial review in service matters.

ORDER :

A.V. Sesha Sai, J.

In the present Writ petition challenge is to the order dated 5.7.2012, passed by the Andhra Pradesh Administrative Tribunal (herein after called as ‘Tribunal’), dismissing O.A.No.3320 of 2010, instituted by the Writ Petitioner under Section 19 of the Administrative Tribunals Act, 1985. In the said Original Application, the petitioner herein challenged the order of dismissal dated 04.10.2008, passed by the Superintendent of Police, Guntur, Guntur District, as confirmed in appeal by the Inspector General of Police, Guntur range.

2. In view of the registration of crime against the petitioner, who was a constable, in connection with the death of his wife, the disciplinary authority issued a charge memo dated 15.09.2007, framing the following two articles of charges:

ARTICLE-I

ARPC 2773 Ch China Galaiah of DAR, Guntur now under suspension has exhibited grave misconduct by brutally murdered his wife by name Ch. Devamani, 30 years and subsequently involved as an accused in Criminal case in Cr. No. 86/07 U/s. 302, 201 IPC of Nagarampalem L&O PS. He was arrested on 02.04.07 at 11.00 PM and sent for remand.

ANNEXURE-II

Statement of imputation of misconduct or misbehaviour in support of articles of charge framed against ARPC 2773 Ch. China Galaiah of DAP, Guntur now under suspension.

ARTICLE-II

ARPC 2773 Ch. China Galaiah worked in DAR, Guntur till he was placed under suspension. While working in DAR, Guntur, his marriage was performed with Ch Devamani in the year 1989 and he was blessed with a son and 2 daughters. While he was residing in Lakshmi Raghavaiah Colony, he developed illicit intimacy with one Macherla Sarala and convincing his wife by coercion, he kept Sarala also under the same roof. After 6 months Macherla Sarala demised due to ill-health. He again developed illicit intimacy with Sandya Rani, working as Nurse in a hospital. He took a house for rent and kept Sandya Rani in same house along with her two children and began to cohabit with her. When the wife of charged officer questioned, he used to bet her black and blue. As the charged officer devotee of Sandya Rani, he continued his lecherous link with her. On 24.03.07 the charged officer roamed in Lakshmi Raghavaiah Colony along with Sandya Rani, the wife of charged officer visited the house Sandya Rani and cursed her as she was damaging her goodwill in the view of her relatives at Lakshmi Raghavarah Colony. On learning the same from Sandya Rani on 25.03.07 when the charged officer came for lunch, he questioned his wife and abused her. As the wife of charged officer paid her coins, the charged officer went on beating her till evening. At about 04.30 PM when the wife of charged officer set out for police station to report the matter, the charged officer followed her, caught her near Medical College brought her back to house and beat her black and blue. The charged officer made her penny less to prevent lier from leaving the house

As the wife of charged officer in nagging him in the matter of his illicit intimacy with Sandhya Rani, became hurdle for his enjoyment and she prepared to give police report against the charged officer, and decided to put an end to the life of his wife. On the Same day I.e. 25.03.07 at 07.00 PM, concealing his propensities, exhibiting love and affection, made her to eat food, served by him. While she was in fast sleep at about 12 clock midnight, the charged officer woke up her, but she was drowsy, caught hold her throat closing her mouth, pressed her to a wall in a bed-room till death. To gloss over his guilt, in order to create the scene as if it is a suicidal death he tried to hang his deceased wife to fan, to brought a rope also.

During the course of investigation, on 02.04.07 the charged officer admitted his guilt and he was arrested at 11.00 PM and sent for remand. His misconduct led to unbecoming of Govt servant violating conduct rules prescribed.

3. A regular enquiry officer was appointed under the provisions of the Andhra Pra