GOVERNMENT OF ANDHRA PRADESH Vs. C MURALIDHAR

JUDGEMENT

(1.) Special leave granted.

(2.) C. Muralidhar, the respondent herein, was employed as Motor Vehicle Inspector with the Government of Andhra Pradesh. In 1987 a criminal case (C.C. No. 8 of 1987) was filed against him wherein he was prosecuted for the offence punishable under the Prevention of Corruption Act, 1947 for holding assets disproportionate to his known sources of income. Disciplinary proceedings were also initiated against the respondent on the basis of a charge memo dated January 21, 1988 issued by the Enquiry Officer under Rule 19(2) of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1963. Some of the charges in the said charge memo related to holding of assets disproportionate to the known sources of income while some charges related to his having acquired the assets without permission of the department in violation of Andhra Pradesh Civil Services (Conduct) Rules, 1964. The respondent filed R.P. No. 3714 of 1989 before the Andhra Pradesh Administrative Tribunal (hereinafter referred the Tribunal) wherein he assailed the validity of the charge memo dated January 21, 1988 on the ground that in view of the pendency of the criminal case wherein he was being prosecuted on the charge of possessing assets disproportionate to the known sources of income, the initiation of disciplinary proceedings for the same charge was illegal. During the pendency of the said petition before the Tribunal the Special Judge of SPE and ACB cases, Nellore, by his judgment dated April 28, 1994, acquitted the respondent of the charge under S. 5(1)(e) read with 5(2) of Prevention of Corruption Act for possessing assets disproportionate to the known source of income. The aforesaid decision in the criminal case was not brought to the notice of the Tribunal when R.P. No. 3714 of 1989 was taken up. The Tribunal, while disposing of the said petition on March 1, 1995, observed that further information was not made available to the Tribunal regarding the criminal case and directed that if the criminal case has already been disposed of and the judgment has become final so far as the issue pertaining to the disproportionate assets is concerned, the departmental enquiry cannot be held for the very same charge of possessing assets disproportionate to the known sources of income. The Tribunal was, however, of the view that other charges in departmental proceedings that the respondent acquired the assets without permission of the department are not part of the charge in the criminal case before the Special Judge and the Tribunal, therefore, directed that it would be open to the authorities to proceed with the charges regarding the acquisition and disposing of properties without permission of the Government or the department or of other delinquencies as required under he Government Servants Conduct Rules. After taking note of the judgment of Special Judge dated April 28, 1994 in the criminal case filed against the respondent, the Government of Andhra Pradesh passed an order, G.O.Ms. No. 74, dated April 24, 1995, whereby it was decided:-

(3.) In the said order there is no reference to the judgment of the Tribunal dated March 1, 1995 in R.P. No. 3714 of 1989.