GOVERNMENT OF A. P. Vs. M. ADBUTA RAO

JUDGEMENT

(1.) Leave granted.

(2.) A charge-sheet was issued to the respondent herein on 18.12.1992 containing five charges. The enquiry officer found that three of the charges were not established. However, as far as the fourth and fifth charges are concerned, which related to failure to execute the work as per standard specification and excess payment made to certain contractors, the enquiry officer was of the view that although charges had not been proved to the extent stated in the charge-sheet, nevertheless, there was some excess payment which the enquiry officer quantified at rupees twenty-nine lakhs. The enquiry officer then went on to apportion this loss between various officers. The respondent in this case was held to be responsible for 25% of the loss which amounts to Rs. 2.25 lakhs. The enquiry officer's report was accepted by the Government which decided that the period of suspensed to the respondent being his share of loss caused to the Government.

(3.) The respondent challenged this decision before the Andhra Pradesh Administrative Tribunal. The Tribunal came to the conclusion that the Government had rightly imposed the minor punishment of treating the suspension period as substantive punishment. It also noted that all the officers involved had accepted the punishment except the respondent.