GOVT OF A P Vs. MOHD NASRULLAH KHAN

JUDGEMENT

(1.) This appeal, preferred by the State of Andhra Pradesh, is directed against the judgment and order of the Division Bench of the High Court of Andhra Pradesh dated 9-12-2003 in Writ Petition No. 14146 of 2003 quashing the order of dismissal dated 21-9-2000 of the respondent herein and the order of the appellate authority dated 20-10-2001 confirming the order of dismissal. The Division Bench of the High Court directed that the respondent herein be reinstated into service forthwith with all back wages and all attendant benefits, which he could have received, had he not been dismissed from service. The High Court further directed that the respondent be reinstated into service within a period of four weeks from the date of receipt of the order. This Court on 16-7-2004, while issuing notice granted interim stay of the impugned order. Further, on 18-7-2005, on the submission of the learned counsel for the respondent that the respondent has been reinstated pursuant to the High Court order but the back wages have not been paid, this Court stayed the payment of back wages directed by the High Court.

(2.) Briefly stated, the facts are as follows: The respondent, Mohd. Nasrullah Khan was working as Head Constable at Shamshabad Police Station of Ranga Reddy District. Mr. Bill Clinton, the then President of the United States of America was to visit the Hi-Tech City in Hyderabad and the respondent was assigned the bandobast duty at the office of the Oracle Software India Limited on the 4th Floor of Hi-Tech City, Madhapur, Hyderabad. It is alleged that during the bandobast duty, the respondent removed the CCTV Lens No. VAT-660-DSC-56894 of Watal Company from ceiling of the said office and concealed the same. It is further alleged that the said removal of the lens was observed in the close circuit TV by one G. Sridhar, the Electrician (PW4) and he immediately went to the respondent and asked him about the removal but the respondent denied the same. The Electrician, thereafter, informed the same to the Security Supervisor and on enquiry by him, though the respondent denied of having removed the lens at the first instance, later handed over the same stating that the same was lying at the toilet.

(3.) A disciplinary inquiry was initiated against the respondent by the Superintendent of Police, A.R. Ranga Reddy District by appointing Deputy Superintendent of Police (DSP) by its order dated 19-4-2000. The substance of imputations of misconduct and misbehaviour against the respondent are as follows: