Authorities must provide reasoned decisions, avoid pre-judging issues, and adhere to principles of natural justice in disciplinary proceedings.

ORDER :

Heard the learned counsel for the petitioner and learned standing counsel for the respondents.

2. The petitioner filed this writ petition to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus by setting-aside the order issued by the 2nd respondent in imposing the penalty of stoppage of one (1) annual grade increment with cumulative effect besides treating the period of suspension from 12.07.2006 to 20.07.2008 as leave to which the petitioner is eligible by indicating the punishment in the show cause notice even before communication of disagreement factors vide Memo. No.CGM(HRD)/GM(Adm)/AS/DC.I/PO (DC. I)/341-C1/06 dated 19.07.2014 though the enquiry officer has held that the charges are not proved and the related appellate/revisional/review orders issued by the 3rd respondent vide Memo. No.CGM (HRD)/GM (IR, L & Adm)/AS/DC/PO (DC.I)341-C1/06 dated 10.10.2014, Memo. No.CGM (HRD)/GM (IR. L & Adm)/AS/DC/PO (DC.I)/341-C1/06 dated 20.08.2015 and Memo. No. CGM (HRD)/GM (Per)/AS/DC/PO (DC.I)/341-C1/06, dated 06.05.2020 modifying the punishment to that of without effect besides treating the period of suspension as on leave to which the petitioner is eligible, as being arbitrary, illegal, erroneous, vitiated by subject bias, based on no evidence, opposed to principles of natural justice and in violation of Article 14 of the Constitution of India and further be pleased to hold that the petitioner is entitled to have his case considered and be notionally promoted as Divisional Engineer with effect from the date of promotion of the 5th respondent with all consequential benefits and also be considered for promotion to the post of Superintending Engineer in the interest of justice.

3. The case of the petitioner, in brief, is as follows:

a) The petitioner was initially appointed as Assistant Engineer w.e.f 11.08.1991 in the erstwhile A.P. Electricity Board and was later promoted as Assistant Divisional Engineer w.e.f 31.07.1999.

b) While working as such, the petitioner was arrested in connection with a disproportionate assets case registered by the Anti Corruption Bureau in Crime No. 14/ACB-HRD/06 and hence, he was placed under suspension w.e.f 12.07.2006 and later reinstated into service w.e.f. 20.08.2008. While the petitioner was under suspension, the authorities have effected promotions, during the year 2007, to the posts Divisional Engineer and the case of the petitioner was ignored on the ground that he was under suspension. Consequent to the reinstatement, the petitioner was accorded promotion as Divisional Engineer in the year 2009 and he was working as such till date and he is fully eligible and qualified for promotion to the post of superintending Engineer basing on the placement assigned in the seniority list.

c) The case is registered by ACB and the Government has entrusted the matter to the Commissioner of Inquiries, as there was no material to grant sanction for criminal prosecutions. The 2nd respondent has mechanically reproduced the charges furnished by the ACB instead of independently examining the material on record.

d) The gist of the allegations contained in the charge memo is that the petitioner was in possession of assets disproportionate to his known sources of income Rs.1,55,86,779/- and that he has not obtained prior permission while buying properties, that he did not disclose the NRI funds received and that he did not submit any Annual Property Returns. Denying the allegations contained in the charge memo, he had submitted a detailed explanation dated 18.07.2009 inter alia stating that the petitioner has regularly submitted Annual Property Returns, that there is no provision in the rules mandating the employee to disclose receipt of NRI funds.

e) The Commissioner of Inquiries has conducted an elaborate enquiry and finally submitted report on 29.07.2011 holding that the charges are not proved. Though the report was submitted as early as in the month of July 2011, the r