STATE OF AP Vs. VENKATESWARA RAO

JUDGEMENT

(1.) This writ petition has been filed in the nature of writ of certiorari calling for the records relating to the orders dated July 27, 2006 passed in O.A. No. 6196/2004 and quash the same as illegal.

(2.) Brief facts of the case are that the Respondents-applicants herein were put under disciplinary proceedings on the allegation that they paid Rs. 259.50 ps per 4" dia PVC Pipes, without approved rates by the Superintending Engineer, and further on allegation that the rate is not ascertained from the Superintending Engineer's Office, and the third allegation that they have failed to show the evidence of rate of Rs. 250/- and the fourth allegation is that the Superintending Engineer has approved a rate of Rs. 113.25 paise for the same item in 1996 and as such the rate in a previous year could not be higher. Respondents-applicants submitted their explanation to the Charge Memo. The Government vide Memo dated December 5, 1997 appointed Sri K. Ramulu, Member, Commissionerate of Inquiries, as Enquiry Officer, to conduct departmental enquiry against several other persons. The Enquiry Officer conducted a detailed enquiry and submitted his report on May 29, 2000. Meanwhile, the Respondents-applicants attained the age of superannuation and stood retired. Thereafter, a show cause notice dated April 17, 2001 was issued proposing recoveries of Rs. 32,180.05 paise and Rs. 1,15,340.43 paise besides imposing suitable punishment. The Respondents- applicants submitted their explanation on May 31, 2001 and the Petitioners have passed the impugned orders dated October 4, 2004 inflicting the punishment of 2% cut in pension besides recoveries of amounts, which reads as under:

(3.) Aggrieved by the same, Respondents-applicants filed O.A and the Tribunal after taking into consideration all the relevant material made available on record allowed the O.A. Being aggrieved by the same, the State of A.P. represented by its Principal Secretary to Government, Transport, Roads and Buildings Department, Secretariat filed the present writ petition.