MOHD BASHEERUDDIN MAHABUBNAGAR Vs. GOVERNMENT OF ANDHRA PRAESH

JUDGEMENT

(1.) This writ petition is filed seeking a declaration that the proceedings of the 2nd respondent dated 05.01.2008 dismissing the petitioner from service in exercise of the powers conferred by Rule 9 read with 25(i) of A.P. Civil Services (Classification, Control and Appeal) Rules, 1991 (for short the CCA Rules) are arbitrary and illegal.

(2.) It is stated that the petitioner was appointed as a Volleyball coach in Sports Authority of A.P. on 22.12.1984. While he was working as D.S.D.O, DSA at Mahabubnagar, one Master N.Suryateja, aged about 12 years had drowned in the swimming pool and died on 20.05.2006. Alleging that the petitioner had failed to take precautionary measures at the swimming pool, leading to the death of the boy, charge memo dated 29.07.2006 was issued calling upon him to submit his explanation. Two other charges relating to financial irregularities were also framed against him and the petitioner submitted his explanation dated 19.08.2006 denying the allegations.

(3.) Having ordered the appellants/A1 and A2 to be released on P.O. Act, their conviction shall not effect their service career as per Sec.12 of the said Act. Already paid fine of Rs.1,000/- each by the appellants 1 and 2 has to be adjusted towards the said compensation. In such an event, each appellant shall pay now Rs.24,000/- towards compensation.