S. VASANTHA RAO Vs. GOVERNMENT OF ANDHRA PRADESH, REPD. BY ITS PRINCIPAL SECRETARY, HEALTH MEDICAL & FAMILY WELFARE (VC.II2) DEPARTMENT

JUDGEMENT

(1.) Order of the Andhra Pradesh Administrative Tribunal, Hyderabad (hereinafter called as 'the Tribunal'), dated 25.10.2013 passed in O.A. No. 7133 of 2011, confirming the order of punishment passed by the State Government, vide G.O.Rt. No. 725, Health, Medical and Family Welfare (VC.II.2) Department, dated 17.03.2011, is under challenge in the present Writ Petition.

(2.) Preceded by a preliminary enquiry undertaken by the Department, the State Government, by way of G.O.Rt. No. 931, Health, Medical and Family Welfare (VC.II-2) Department, dated 01.11.2004, issued a charge memo, framing the following two charges against the petitioner herein.

(3.) In response to the said charge memo and the charges contained therein, the petitioner herein submitted an explanation on 24.02.2005. Thereafter, a regular enquiry officer was appointed by the disciplinary authority and the enquiry officer, vide letter in Rc. No.SDEH/Peshi/1476/2008, dated 30.04.2008, submitted a report, holding the petitioner not guilty of the charges levelled against him. Subsequently, disagreeing with the findings of the enquiry officer, the disciplinary authority, vide Memo No. 25287/VC-II.2/2003-27, dated 30.07.2009, issued a show cause notice and the disciplinary authority referred the matter to the Andhra Pradesh Public Service Commission (APPSC) for the purpose of necessary concurrence as per Proviso to Rule 21(5) of Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 (hereinafter called as 'the CCA Rules'). In response to the same, the Secretary, APPSC, vide letter No. 737/RT-I/3/10, dated 18.06.2010, wrote back to the disciplinary authority in the following manner.