The judgment emphasizes the importance of specific and proven charges, adherence to procedural rules, and consideration of the petitioner's explanation in disciplinary proceedings.

JUDGMENT

A.V.SESHA SAI, J. - This Writ Petition, filed under Article 226 of the Constitution of India, calls in question the order, dtd. 13/2/2012, passed by the Andhra Pradesh Administrative Tribunal [herein after referred as the 'Tribunal'] in O.A.No.5246 of 2011; the order in Review in M.A.No.905 of 2012 in O.A.No.5246 of 2011, dtd. 7/9/2012, and the dismissal order, dtd. 6/5/2011, passed by the Disciplinary Authority i.e., the Regional Director-cum-Appellate Commissioner of Municipal Administration, Rajahmundry, East Godavari District, dismissing the petitioner from Service. Facts in brief :-

2. The petitioner was a Junior Assistant and, while he was working as such, the 1st respondent/Regional Director-cum-Appellate Commissioner of Municipal Administration, Rajahmundry, East Godavari District, issued a Charge Memo, dtd. 23/5/2005, framing the following charges : Article - 1: that the said Sri P.Ashok Kumar, Junior Assistant (under suspension) Pithapuram Municipality, has harassed Kum.A.Kanaka Durga, Watcher (working as Dispatch Clerk on working arrangement), Pithapuram Municipality, on 11/4/2005 at about 3.30 pm., and abused her in filthy language with the assistance of some others and at about 5.05 pm., on the same day manhandled her due to which she had fell on the ground. Article - II: that he has committed certain irregularities in connection with sanction of NSDP tap connections while he worked as Taps Clerk in Pithapuram Municipality sustaining a loss of Rs.58, 500.00 to the municipal funds. Article - III: that he was demanding money from the Self-Help Groups for sanction of revolving fund to them, that he was not putting up the connected files and submitting the same to the Executive Authority in time with an illegal view.

3. Thereafter, the Disciplinary Authority appointed an Enquiry Officer, who submitted a report, holding that the Charge No.2 stood proved and Charge Nos.1 & 3 could not be proved by the Department. Thereafter, the Disciplinary Authority/Regional Director of Municipal Administration, passed an order, vide Roc.No.506/2004- A3, dtd. 27/5/2009, inflicting on the petitioner the punishment of dismissal from service. Questioning the said order of punishment of dismissal from service, the petitioner herein filed O.A.No.7112 of 2009 before the Tribunal. The said Original Application came to be allowed by the Tribunal, vide order, dtd. 20/11/2009. Subsequently, the Disciplinary Authority issued another Charge Memo, dtd. 9/9/2010, framing the following (4) Articles of Charge : CHARGE No.1 : That the said Sri P.Ashok Kumar, Former Junior Assistant, Pithapuram Municipality presently working in Bhimavaram Municipality while functioning as Junior Assistant has committed irregularities in sanctioning of NSDP tap connections. Basis of charge : The Municipal Commissioner, Pithapuram, in his letter Roc.No.2325/2000/C1, dtd. 20/7/2002, has submitted that, Sri P.Ashok Kumar, Junior Assistant of Pithapuram Municipality, who was suspended on 13/11/2000 on irregularities in sanctioning individual tap connections under NSDP, and he was reinstated into service from 12/3/2001 on pending enquiry, and also submit that, on verification of the available sanctioned tap applications it was clearly found that, the above irregularities have been committed by the then Junior Assistant, namely Sri P.Ashok Kumar, Junior Assistant, and the Municipal Commissioner, Pithapuram has requested the Regional Director-cum-Appellate Commissioner of Municipal Administration, Rajahmundry, to take necessary action, since the Regional Director-cum-Appellate Commissioner of Municipal Administration, Rajahmundry is the competent authority for further action in the matter. CHARGE No.II That he has committed irregularities in connection with sanction of NSDP tap connections sustaining a loss of Rs.31, 500.00 to the Municipal Funds. Basis of charge : The Municipal Commissioner, Pithapuram, in his letter Roc.No.2325/2000/C1, dtd. 20/7/2002 & 20-08- 2004 h