ADBUTHA RAO M Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is directed against the Judgment of the Andhra Pradesh Administrative Tribunal in O.A.No. 5606 of 1997 dated 13-8-1999 whereby and Whereunder the prayer of the petitioner to set aside G.O.Rt.No. 1405, I and CAD (CAD Ser. II) Department dated 22-12-1995 treating the period of suspension of the petitioner from 17-9-1991 to 28-9-1994 as substantive punishment, etc. was rejected.

(2.) The petitioner who was working as Superintending Engineer, Investigation and Administration, I and CAD Department has filed the aforesaid Original Application with the following prayer:

(3.) The basic fact of the matter is not in dispute. The petitioner was appointed as Dy. Executive Engineer by direct recruitment through APPSC in 1967 and subsequently promoted as Executive Engineer in 1985 and as Superintending Engineer in 1991. In May, 1990 a severe Cyclone ravaged the coastal districts disrupting the irrigation system. The State under Cyclone Emergency Repair Project (CERP) took up various repair works for various irrigation sources. The petitioner and one Sri T. Venkat Reddy were working as Executive Engineers in Irrigation Circle, Dowlaiswaram when the cyclone damage repair works were undertaken in the said circle. Sri Venkat Reddy was then holding full additional charge of the post of Superintending Engineer of the said Irrigation Circle. On 22-3-1991 both were promoted as Superintending Engineers. On promotion, the petitioner was posted as Superintending Engineer, Irrigation Circle, Dowlaiswaram. It appears that all was not well between Venkat Reddy and the petitioner and both approached the Tribunal as regards the posting to the Officerof Superintending Engineer, Irrigation Circle, Dowlaiswaram. It was alleged that while Sri Venkat Reddy was under orders of transfer, he sent a report to the Government on 29-5-1991 complaining that certain irregularities have been committed by the Engineers including the petitioner herein in relation to execution of 14 works taken up under CERP. Thereafter, the Government by reason of enquiry report submitted by the Chief Technical Examiner, placed the petitioner and others under suspension by issuing G.O.Rt.No. 899 dated 17-9-1991 in spite of the fact that the Chief Technical Examiner opined that it would be highly difficult and impossible to assess the ground conditions and ground levels as existed before the commencement of works, and on the same day issued orders in G.O.Rt.No. 896 appointing the Commissioner of Enquiry as Enquiry Officer to conduct a departmental enquiry. The Enquiry Officer issued charge memo on 18-12-1991 framing the following charges against the petitioner: