GOVT OF AP Vs. MOHD TAHER ALI

JUDGEMENT

(1.) We have heard learned counsel for the parties.

(2.) This appeal by special leave is directed against the order dated 9.3.2005 passed by the Division Bench of the Andhra Pradesh High Court in Writ Petition No. 19690 of 2004 whereby the Division Bench has affirmed the order passed by the Administrative Tribunal whereby the Administrative Tribunal remitted the matter back to the disciplinary authority for consideration of the punishment imposed in the matter. Hence the present appeal filed the State of A.P.

(3.) It is not necessary to go into the detailed facts. Suffice it to say that the incumbent was a police Constable at Alwal (Halia) P.S. and he was detailed for election duty at Cuddapah Election Bandobusth duty along with other PS men with instructions to report before SDPO Miryalguda, but he did not report for duty on 2nd September, 1999 along with other PS men before SDPO Miryalguda and absented himself unauthorisedly without leave or permission with effect from 2nd September, 1999. Therefore, he was charged for the offence of desertion. The C.I. of Police, Miryalguda was appointed as Inquiry Officer to conduct the inquiry. The respondent did not file any written representation of defence in response to the charges levelled against him. Therefore, the Inquiry Officer held an Inquiry and found him guilty and submitted his report to the Superintendent of Police, Nalgonda and the Superintendent of Police on receipt of the same, sent a copy of that report to the respondent but he did not file any written representation of defence in response to that report. Therefore, the Superintendent of Police concluded that the respondent has no explanation to the charges levelled against him. It was also recorded that this is not a solitary incidence. The respondent has also earlier been found to be guilty of desertion on a couple of occassions. Hence the S.P. imposed a punishment of compulsory retirement from service with immediate effect. This was challenged before the Administrative Tribunal. The Administrative Tribunal did not interfere with the finding of the report of the Inquiry Officer but remitted the matter back to the disciplinary authority for reconsideration of the question of punishment. Aggrieved by that order, the State Government filed a writ petition before the High Court. The High Court affirmed the order of the Administrative Tribunal. Henche the present appeal.