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2009 Supreme(SC) 1298

DEEPAK VERMA, S.B.SINHA
V. Padmanabham – Appellant
Versus
Government of Andhra Pradesh – Respondent


Advocates appeared:
For the Appellant :D. Rama Krishna Reddy, Ms. Asha Gopalan Nair, Advocates.
For the Respondents:I. Venkatanarayana, Sr. Adv., Manoj Saxena, Rajneesh Kr. Singh, T.V. George, Advocates.

JUDGMENT

S.B. Sinha, J.—

1. Leave granted.

2. Appellant herein was a Deputy Tehsildar, Director of Civil Supplies, Punganoor in the District of Chittoor. He worked in the said capacity from 11.5.1992 to 21.1.1993. During the aforementioned period, Essential Commodities meant for public distribution were supplied to the private parties; the price whereof is stated to be Rs.12,46,523.60. He was placed under suspension on 29.1.1993. A departmental proceeding was initiated. An enquiry officer was appointed for the said purpose. He was found guilty in the said departmental proceedings, relying on or on the basis whereof, an order of dismissal was passed on 21.10.1994.

3. An appeal preferred by the appellant thereagainst was also dismissed. He filed an original application before the Andhra Pradesh Administrative Tribunal. On the premise that the enquiry officer was not competent to frame the charges, the order of dismissal was set aside.

4. The State filed a writ petition thereagainst before the High Court. By reason of the impugned judgment, the said judgment and order of the Tribunal was set aside, directing :

“We have considered the contentions of the learned counsel with reference t
































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