CHAIRMAN APSEB HYD Vs. M KURMI NAIDU

JUDGEMENT

(1.) The learned Counsel for the parties having been heard at great length, this appeal is being disposed of at the admission stage.

(2.) It is directed against a judgment and order dated 27-4-2001 passed by a learned single Judge of this Court in Writ Petition No.16322 of 1996 whereby and whereunder the writ petition filed by the respondent herein praying for the following reliefs: "to issue a writ, order or direction more particularly one in the nature of writ of certiorari by issuing rule nisi calling for the records leading upto and inclusive of the same by quashing the proceedings in Memo. No.DP/DM.V/59-P2/95-7, dated 6-9-1995 issued by the 1st respondent herein....." was allowed.

(3.) The basic fact of the matter is not in dispute. The writ petitioner was an Assistant Engineer in the Andhra Pradesh State Electricity Board. His disciplinary authority is the Member-Secretary of the Board. A Charge Memo dated 18-10-1993 was served upon him. The writ petitioner submitted his explanation. Being not satisfied therewith, an Enquiry Officer was appointed, who submitted a report. However, the Member-Secretary, who was the disciplinary authority, did not apply his mind thereupon and in stead and in his place, the Chairman of the Board, who is the appellate authority, inflicted punishment of compulsory retirement from service upon the writ petitioner. Questioning the said order, the writ petition was filed.