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A. V. SESHA SAI, SUMATHI JAGADAM
Govt. of Andhra Pradesh – Appellant
Versus
G. Appa Rao – Respondent
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, Municipal Administration & Urban Development (Vig.II-1) Department, dated 22.04.2008 and the Memo dated 14.07.2004.
4. Respondent No. 1 herein is a retired Manager and he retired from service in the month of June, 2001, while working in Kovvur Municipality, West Godavari District. The Commissioner and Director of Municipal Administration issued a charge Memo vide proceedings Roc. No. 9411/96-K2, dated 22.07.2000, framing the following Articles of Charges:
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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