When assessing disciplinary negligence by public servants, courts may mitigate the severity of punishment if the evidence demonstrates systemic administrative lapses—such as failure to provide adequate security resources—that contributed to the security breach, thereby rendering the original penalty disproportionate.

ORDER:

The present Writ Petition is filed by the petitioner to quash the Order passed by the A.P. Administrative Tribunal in O.A. No.7520 of 2013, dated 14.09.2016, and to release all consequential benefits.

2. Heard Sri B. Ashok, learned counsel for the petitioner and learned Government Pleader for Home appearing for the respondents.

3. Brief facts of the case are as follows:

(a) Petitioner filed O.A.No. 7520 of 2013 before the A.P. Administrative Tribunal challenging the order of the 2nd respondent wherein punishment of RTSP by 3 stages for 3 years with effect is awarded and the period of suspension from 04.05.2007 to 15.10.2008 is treated as ‘Not on duty’ vide proceedings in D.O.No.4049, No.L&O/B7/346/2007, dated 2-6/7-2013 as illegal.

(b) The petitioner was initially appointed as a Police Constable and subsequently promoted as Head Constable and posted at CAR (Central Armed Reserve) Hyderabad. In the year 2007, while he was working on deputation at Cherlapalli Jail, he was assigned the duty of escorting the convicted prisoners. On 27.04.2007, the petitioner was entrusted the duty to escort two convicted prisoners namely Afzal (No.7697) and Syed Arshad Baqtiquar (No.7701) along with another PC-9065 Sri E.Paul to Osmania General Hospital for treatment. The two prisoners were taken to Neurology Department to consult the doctor concerned, but the doctor was not available at his room No.213, they proceeded to Room No.214 where they were directed to go over to Osmania General Hospital old building Room No.219. Again, the junior doctor stationed there, directed them to go to "Quli Qutub Shahi" block Room No.404. There also, they did not find any doctor to get treatment for the prisoners and therefore, the fact was informed to the Head Constable Manaiah and further informed that they were coming to the vehicle. This information is given to Sri Manaiah by a cell phone.

(c) Before going to the vehicle, the petitioner asked E. Paul, PC-9065 to get Tiffin and offered Rs.50/-, but the PC rejected to bring Tiffin. While they were coming down to the vehicle, Syed Fazal, one of the convict prisoners, pushed the petitioner down and escaped from his custody. Though he tried to chase the prisoner, he could not succeed. In view of the said incident, the petitioner was placed under suspension by disciplinary authority vide D.O.No.1027/No.L&O/87/346/2007, dated 01.05.2007. Subsequently, a preliminary enquiry was conducted by the Assistant Commissioner of Police, III CAR Head Quarters, Hyderabad, and submitted his report dated 23.4.2007. After receiving the said report of the ACP, it was decided by the competent authority to conduct a regular enquiry and therefore, a charge memo was issued vide No. L&O/B9/PR/73/07 No.L&O/B9/346/2006, dated 31.8.2007 which reads as under:

Article of Charge:

S/Sri S.Pitcheswar Rao, HC 1144 & E.Paul, PC 9065 of (G) Coy, CAR Head Quarters, Hyderabad, were on deputation to jail department and while they were performing Escort Duty at Osmania General Hospotial on 27-04-2007, the two CT Prisoners 1) Syed Afzal No.7697 2) Syed Arshad Baqtiqar, No.7701 of Charlapalli Jail escaped from their custody from Osmania General Hospital. The prisoners escaped from the custody due to gross negligence and dereliction of duty.

S/Sri S.Pitcheswar Rao, HC 1144 & E.Paul, PC 9065 of (G) Coy, CAR Head Quarters, Hyderabad, by their above mentioned act, has exhibited lack of devotion to duty and conduct unbecoming of a Government Servant and thereby contravened Rule 3(1) and (2) of the APCS (Conduct) Rule