THE HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION (TR) No.6473 OF 2017

ORDER:

This Writ Petition is filed seeking the following relief: “...to call for the records relating to proceedings in C.No.A6/A6-1/OE/2009(1979) DO No.1840/2011 dt. 17.09.2011 of the 4^th respondent in imposing the punishment of removal from service and the Proceedings Rc.No.1227/D1-Appeal/HR/2014(RO No.951/14) dated 04.09.2014 of the 3^rd Respondent in dismissing the appeal and the Proceedings in R.O.No.75/2015 Rc.No.211/PR/Revn/WZ/2014-15 dated 20.03.2015 of the 2^nd respondent in dismissing the revision of the applicant and the Memo No.10565/Ser.II/A1/2015 dated 20.01.2016 in rejecting the Representation of the applicant for setting aside the orders punishment as illegal. Consequently direct the respondents to reinstate the applicant into service with all consequential benefits forthwith and pass...”

2. Heard Sri Kadari Krishnaiah, learned counsel for the petitioner and learned Government Pleader for services (Home), appearing for the respondents.

3. Learned counsel for the petitioner submitted as follows:

That initially, the petitioner was appointed as a Police Constable in the year 1998 and rendering his service with utmost sincerity. While the petitioner was working as a police constable in Nalgonda District, disciplinary proceedings were initiated against him by issuing a charge memo vide Proceedings C.No.26/A6-1/OE/2009(1979), dated 13.08.2009 of the 4th respondent alleging as follows:

“Count 1: Gross misconduct in preparing fake computerized Police Certificates, bearing Nos.595/NGA- II/2009 dt. 11.05.2009 and 601/NGA-II/2009 dt.14.05.2009 regarding loss of original passports of Sri Mohd. Kaleemullah S/o. Waheedullah, 35 yrs, Occ. Plots Business R/o. H.No. 5-11-415, Hyderkhanguda, Nalgonda and Sri. Mohd. Khursheed S/o. Mohd. Khasim, 33 yrs, R/o. H.No. 6-2-878/C1, Meer Bagh Colony, Hyderabad Road, Nalgonda respectively on his personal computer at home and forging the signature of SI of Police, Nalgonda II(T) PS and affixing duplicate stamps of SI on the Certificates and giving the same to the said Mohd. Kaleemullah and Mohd. Khursheed for Rs.2000/- and 3000/- respectively and fraudulently helped them in getting new passports and thereby got involved in Cr.No. 141/2009 u/s. 420, 467, 468 & 471 IPC of PS Nalgonda II(T).

Count II : Gross Misconduct in preparing (19) fake rubber stamps of various officers and forging hire charges bills and medical certificates etc., 4. The petitioner made a representation for deferment of disciplinary proceedings till the disposal of the criminal case as the charges were not different in the Departmental as well as in the criminal proceedings. Despite the said representation, respondent No.4 proceeded with the disciplinary proceedings by appointing an Enquiry Officer vide proceedings dated 10.09.2009. The Disciplinary Authority had acted in breach of the procedure contemplated under Rule 20 of APCCA Rules as no Presenting Officer was appointed to present the case of the prosecution in the departmental proceedings before the Enquiry Officer. In the absence of the Presenting Officer, the Enquiry Officer had assumed role of the Prosecutor and proceeded with the enquiry and submitted a report holding that the charge drawn against the petitioner was held proved.

5. During the course of enquiry, four witnesses were examined on behalf of the prosecution and their statements were recorded by the Enquiry Officer without there being any Presenting Officer. No independent witness was examined to substantiate the charge drawn against the petitioner and all the above mentioned witnesses examined against the petitioner, are the official witnesses. Despite the evidence of the official witnesses is not corroborated by any independent witnesses and despite the evidence of the official witnesses does not point out the complicity of the petitioner, the Enquiry Officer has chosen to rely upon the statement of PW.2 so as to come to t