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andhra pradesh administrative tribunal
service matter – The maximum punishment that could have been imposed on an employee after conducting due departmental enquiry was dismissal from service. The rule making authority, by way of amendment, has bifurcated the rule 9(vii) into two parts, namely, 9(vii)(a) and 9(vii)(b). As is evincible, the chargesheet only referred to the imposition of major penalty or to be dealt with under the said rules relating to major penalty. In this backdrop, it would be difficult to say that the employee had the vested right to be imposed a particular punishment as envisaged under the unamended rules. Once the charges have been proven, he could have been imposed the punishment of compulsory retirement or removal from service or dismissal from service. The rule making authority thought it apposite to amend the rules to introduce a different kind of punishment which is lesser than the maximum punishment or, for that matter, lesser 47Page 48 punishment than that of compulsory retirement from service. The order of compulsory retirement is a lesser punishment than dismissal or removal as the pension of a compulsorily retired employee, if eligible to get pension under the Pension Rules, is not affected. Rule 9(vii) was only dealing with reduction or reversion but issuance of any other direction was not a part of it. It has come by way of amendment. The same being a lesser punishment than the maximum, in our considered opinion, is imposable and the disciplinary authority has not committed any error by imposing the said punishment, regard being had to the nature of charges. It can be looked from another angle. The rule making authority has splitted Rule 9(vii) into two parts – one is harsher than the other, but, both are less severe than the other punishments, namely, compulsory retirement, removal from service or dismissal. The reason behind it, as we perceive, is not to let off one with simple reduction but to give a direction about the condition of pay on restoration and also not to 48 Page 49 impose a harsher punishment which may not be proportionate. In our view, the same really does not affect any vested or accrued right. It also does not violate any Constitutional protection. 51. In view of the aforesaid analysis, the order passed by the High Court that a double punishment has been imposed does not withstand scrutiny. 52. Consequently, the appeals are allowed. The orders passed by the High Court are set aside and the order of punishment imposed by the disciplinary authority is restored. In the facts and circumstances of the case, there shall be no order as to costs.
Page 1 Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.1428-1428 OF 2013 (Arising out of S.L.P. (C) Nos. 24224-24225 of 2008) The Government of Andhra Pradesh and Others … Appellants Versus Ch. Gandhi …Respondent J U D G M E N T Dipak Misra, J. Leave granted. 2. The present appeals … Continue reading
Group I service exams?= The writ petition is directed against the order of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short the ‘Tribunal’) dated 30-12-2011, in a batch of applications being O.A.No.9928 of 2011 and batch. By the order impugned, the Tribunal directed stay of all further proceedings including conduct of interviews relating to selection of candidates to the posts of Group-I services notified under Notification No. 39 of 2008 and the Supplementary Notification No.10 of 2009=In order to provide a fair opportunity to all the candidates including candidates who appeared at the interviews to participate in the lis pendency before the Tribunal, we consider it appropriate to direct the State and the Commission to intimate in writing to each of the candidates who would appear at the interview, that the selection including the process of interviews will be subject to the result of original applications, pending adjudication before the Tribunal. The State Government shall also intimate that the selection is subject to the outcome of the original applications pending adjudication before the Tribunal by publicity in the daily press and electronic media. On the analysis and for the reasons above, the writ petition is allowed to the extent of permitting the Commission to proceed with the process of selection including the process of oral interviews, pursuant to the general recruitment Notification No. 39 of 2008 and Supplemental Notification No. 10 of 2009, subject however to the condition that no orders of appointment shall be issued without obtaining specific orders of the Tribunal in O.A.No. 9928 of 2011 and batch.
THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY W.P. No. 68 of 2012 Dated 02-01-2012 Between: The Secretary, Andhra Pradesh Public Service Commision, Andhra Pradesh, Nampally, Hyderabad. …Petitioner Vs. P. Prasanna Kumar and others. …Respondents THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE … Continue reading
Sub-rule (3) of F.R. 54-B does not state that in case of acquittal in a criminal proceedings the employee is entitled to his salary and allowances for the period of suspension. Sub-rule (3) of F.R. 54-B also does not state that in such case of acquittal the employee would be entitled to his salary and allowances for the period of suspension unless the charge of misconduct against him is proved in the disciplinary proceedings. Sub-rule (3) of F.R. 54-B vests power in the competent authority to order that the employee will be paid the full pay and allowances for the period of suspension if he is of the opinion that the suspension of the employee was wholly unjustified. Hence, even where the employee is acquitted of the charges in the criminal trial for lack of evidence or otherwise, it is for the competent authority to form its opinion whether the suspension of the employee was wholly unjustified and so long as such opinion of the competent authority was a possible view in the facts and circumstances of the case and on the materials before him, such opinion of the competent authority would not be interfered by the Tribunal or the Court.
Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. 6014 OF 2011 (Arising out of S.L.P. (C) No. 22723 of 2010) The Greater Hyderabad Municipal Corporation … Appellant Versus M. Prabhakar Rao …… Respondent J U D G M E N T A. K. PATNAIK, J. Delay condoned. 2. Leave granted. … Continue reading
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