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A. V. SESHA SAI, SUMATHI JAGADAM
Govt. of Andhra Pradesh – Appellant
Versus
G. Appa Rao – Respondent
| Table of Content |
|---|
| 1. challenge to tribunal order under article 226. (Para 2 , 3) |
| 2. allegations of misappropriation against retiree. (Para 4 , 7) |
| 3. procedural history of charges and responses. (Para 5 , 6) |
| 4. legal arguments regarding tribunal's order. (Para 10 , 11 , 12 , 13) |
| 5. judicial review principles relating to tribunal's findings. (Para 14 , 19 , 21) |
| 6. adherence to procedural rules in disciplinary actions. (Para 15 , 16 , 18 , 20) |
| 7. confirmation of tribunal order; dismissal of writ petition. (Para 22 , 23) |
ORDER :
1. Heard learned Government Pleader for Services-IV and Sri C. Srinivasa Baba, learned counsel for respondent No. 1-applicant.
2. This Writ Petition, instituted under Article 226 of the Constitution of India, calls in question the order, dated 29.07.2009, passed by the Andhra Pradesh Administrative Tribunal (hereinafter called ‘the Tribunal’) in O.A. No. 6192 of 2008.
3. By way of the aforesaid order, the Tribunal allowed the Original Application, filed by the respondent No. 1 herein under Section 19 of the Administrative Tribunals Act, 1985. Respondent No. 1 herein filed the said Original Application, assailing the order of the State Government issued vide G.O.Ms. No. 311
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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