Due process in disciplinary proceedings requires the disciplinary authority to provide specific reasons for disagreement with an inquiry report, ensuring decisions are not made on speculative grounds.

ORDER :

1. The present Writ Petition is filed questioning G.O.Rt.No.689, Revenue (Vigilance-II) Department, dated 27.09.2024, imposing penalty of withholding three (3) annual grade increments with cumulative effect, as illegal, arbitrary and contrary to the provisions of Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 [for short “APCS (CCA) Rules, 1991”].

2. The facts in brief are as follows:

The Petitioner while working as Assistant Commercial Tax Officer in the Commercial Tax Office, Narasaraopet Circle, Guntur-2 Division was deputed to the Border Check-Post, Pondugula, Dachepalli Mandal, Guntur District, wherein he was issued a Charge Memo under Rule 20 of APCS (CCA) Rules, 1991 vide G.O.Rt.No.302, Revenue (Vigilance-II) Department, dated 02.03.2020, in which two Articles of Charges were framed.

3. The first Article of Charge was that the Petitioner along with his staff was collecting bribes/mamools from the transport goods vehicle drivers/owners at the check-post and on the day of surprise check, he was in possession of Rs.9,500/- in his table desk, for which he could not properly account for. The second Article of Charge was that Petitioner did not enter particulars of personal cash in Personal Cash Register.

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4. In the statement of Imputations of Misconduct or Misbehaviour, it is stated that on credible information that the officials of Commercial Tax Department of Border Check-Post at Pondugula Village, Dachepalli Mandal, Guntur District on Addanki-Narkatpalli State Highway were collecting bribes from the drivers of goods vehicles, the Deputy Superintendent of Police, Anti-Corruption Bureau, Guntur District organized a surprise check on the said check-post along with his staff in the presence of two mediators from 21.00 hours on 03.06.2016 to 04.00 hours on 04.06.2016.

5. After reaching near the check-post, the surprise check party and mediators took vantage positions in and around the said Border check- post and watched the activities of the staff and noticed that one person is stopping transport goods vehicles by whistling and taking the drivers/cleaners of the said vehicles inside the check-post and, in turn, the staff of the check-post, who are six (6) in number were collecting some money from them even without verifying records.

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6. When some of the drivers/cleaners of the transport goods vehicles were denying to pay money to the staff, they forced them to pay the amounts, otherwise they will impose compounding fees. It is stated that at 9.00 p.m., the Deputy Superintendent of Police and the Surprise Check Party surprised the check-post and found the Government Servant and other staff of the check-post and also six (6) transport vehicle drivers. On search, an amount of Rs.390/- was found with the Government Servant, which was stated to be the personal cash. On perusal of the Personal Cash Register at the check- post, it was found that the shift personal cash particulars were not entered in the Register.

7. On further search of the check-post in the presence of mediators and the Administrative Officer of the check-post, an amount of Rs.9,500/- was found in the table desk of the Petitioner and he could not account for the same. It is stated that the Deputy Superintendent of Police, ACB had examined 6 transport goods drivers and they had stated that the check-post staff are collecting Rs.150/- each for stamping on transit pass and they are demanding money from other lorry drivers. List of documents were specified in Anne