PRASAD RAO R V S Vs. WOMEN DEVELOPMENT

JUDGEMENT

(1.) This writ petition is filed to declare G.O.Rt.No. 403, Women Development, Child Welfare and Disabled Welfare (DW) Department, dated 29-11-2000 issued by the 1st respondent as arbitrary, illegal and violative of the provisions of the Constitution of India and pass consequential order or orders as the Court may deem fit and proper in the circumstances of the case.

(2.) The petitioner was appointed on 1-10-1986 as Project Officer in the 2nd respondent-Corporation. On the basis of some charges, he was kept under suspension in December. 1996. Thereafter, on 24-11-1997, a preliminary enquiry was conducted. On 8-1-1998 a Charge Memo was issued to the petitioner directing him to submit his explanation. On 19-1-1998, the petitioner submitted his explanation and considering the explanation submitted by the petitioner, Enquiry Officer was appointed on 12-2-1998 to conduct an enquiry. The Enquiry Officer conducted the enquiry and submitted his report on 10-3-1998. Thereafter, on 25-9-1999 a notice was issued to the petitioner to submit his explanation. On 27-9-1999, the petitioner submitted his explanation. Meanwhile, the petitioner has filed W.P.No. 15049 of 2000 with a prayer to reinstate him in service as he was kept under suspension for a long time, which was dismissed on 16-8-2000. Against the said dismissal order, the petitioner filed W.A.No. 1087 of 2000 and the same was disposed of by a Division Bench of this Court on 24-10-2000. While disposing of the said writ appeal, this Court directed the 2nd respondent to reinstate the petitioner herein if the enquiry is not completed within three months from the date of disposal of the writ appeal, as the petitioner was kept under suspension for a long time and that if the petitioner is not cooperating in the enquiry, the respondent is at liberty to approach the Division Bench. Thereafter, the matter was placed before the Government and accordingly the Government passed the impugned G.O. based on the proposal submitted by the Managing Director through his letter dated 13-11-2000, appointing Sri V. Babu Rao, Deputy Director Disabled Welfare, who is working as District Rehabilitation Officer District Rehabilitation Centre, Vijayawada, Krishna District, as the Enquiry Officer to conduct a detailed enquiry against the suspended officer under Rule 20(2) of A.P.C.S.(CCA) Rules, 1991.

(3.) Assailing the correctness of the jurisdiction of the Government in appointing the Enquiry Officer under A.P.C.S. (CCA) Rules, 1991, the present writ petition is filed.