STATE OF ANDHRA PRADESH Vs. K RAMACHANDRAN

JUDGEMENT

(1.) By G.O. (MS) M and H dated March 3, 1981, the Government of Andhra Pradesh had imposed the penalty of 20% cut in the pension of the respondent for a period of 5 years. By another order G.O. 1278 M and H dated 10-8-1981, the Government refused to treat the period of suspension of the respondent as period spent on duty. Both the orders were challenged by the respondent before the Andhra Pradesh Administrative Tribunal, which by its Judgment dated 22 nd June, 1985 allowed the petition and set aside the above orders on the ground that the Government had no jurisdiction to hold disciplinary proceedings as the disciplinary proceedings could be held only by the Tribunal constituted under the Andhra Pradesh Civil Services (Disciplinary Proceedings Tribunal) Act, 1960.

(2.) Learned counsel appearing on behalf of the State of Andhra Pradesh contends that the Government being the employer and the Authority which can pass final orders of punishment in disciplinary proceedings, retains its jurisdiction to proceed departmentally agianst its employees for mis-conduct committed by them in spite of the Tribunal constituted under the Act of 1960 for holding disciplinary proceedings and therefore the decision of the Tribunal taking, a contrary view, is not correct. We are not impressed by the argument.

(3.) Sub-section (2) (d) of the Act defines 'Tribunal', which means Tribunal constituted under Section 3. Section 2(c) defines the word 'prescribed', which means prescribed by rules made under the Act. Section (3) of the Act provides as under: