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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
3310 - K MANMADHA RAO
K.subramanya Reddy – Appellant
Versus
State Of Andhra Pradesh – Respondent
Order:
K. MANMADHA RAO, J.
The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:
“…..to issue an appropriate writ order or direction more particularly one in the nature of writ of Mandamus declaring the proceedings of the 4th respondent in proceedings Rc.No.327/2014/GS, Dt.24.08.2017 and consequential proceedings of rejection of appeal by the 3rd respondent in Rc.No.1662/2017/M2, Dt.Nil.05.2019 and orders of Revision passed by the 2nd respondent in Rc.No.6182/2019/A&DC-1, Dt.24.12.2019 and Rejection order of Mercy Petition, Dt.21.09.2021 as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India apart from the settled principle of law laid down by the Apex Court regarding conduct of disciplinary enquiry and consequently declare that the petitioner is entitled for reinstatement into service with all consequential benefits…….”
2. Brief facts of the case are that the petitioner was appointed as Driver under the respondents in the year 1991 and was working as such till dismissed from service on 24.08.2017 by the 4th respondent. While the petitioner was working as Driver in the office of Sub-divisional Forest
Disciplinary proceedings must adhere to principles of natural justice, requiring evidence and reasoned decisions, especially when imposing severe penalties.
Disciplinary proceedings must adhere to principles of natural justice, including the right to cross-examine witnesses; failure to do so invalidates penalties imposed.
Disciplinary proceedings quashed for defective charge memo without imputations, documents, witnesses; no departmental evidence or witnesses; perfunctory enquiry report lacking independent reasons and....
It is a duty of Inquiry Officer to scan entire evidence in order to arrive at a finding after judging case of all the parties, adhering to the principles of natural justice, otherwise, inquiry is vit....
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