LAWS(APH)-2020-2-38

KESINENI VIJAYA KUMAR Vs. STATE OF A.P.

Decided On February 19, 2020
KESINENI VIJAYA KUMAR Appellant
V/S
State Of Ap Respondents

JUDGEMENT

(1.) This writ petition is filed seeking a writ of certiorari for quashing the proceedings of the 3rd respondent dated 06.03.2018 by which punishment of stoppage of one increment was imposed upon the petitioner.

(2.) This Court has heard learned counsel for the petitioner and the standing counsel for Endowments Department appearing for the respondents.

(3.) The essential grievance of the petitioner in this case is that punishment has been imposed on him without following due process of law or the rules of natural justice. It is his contention that the punishment must be imposed by the 3rd respondent who does not have the necessary power or authority. He also contends that the explanation that is submitted by him to the charges was also not considered. He also points out that a "compact disk" which contains certain recording was relied upon by the Enquiry Officer. It is his contention that a copy of the same is also not given to him. He points out that a reading of enquiry report dated 06.03.2018 clearly states that it could not be decided if the delinquent has taken bribe or not. Therefore, he states that the imposition of punishment is not correct. He also states that the Enquiry Officer did not actually pass a reasoned order. It is his contention that before imposing punishment, the Disciplinary Authority should have applied their mind and imposed the punishment.