GOVERNMENT OF ANDHRA PRADESH Vs. MADANLAL IPS

JUDGEMENT

(1.) The Government of Andhra Pradesh filed this Writ Petition to quash the order of the Central Administrative Tribunal Hyderabad Bench at Hyderabad made in O.A.NO. 1568/1999 dated 19-10-2000. The 1st respondent - Deputy Inspector General of Police filed the said Original Application to quash or set aside the proceedings in G.O.Rt.No. 5810 dated 06-11-1997 holding the delay in finalizing the enquiry into the charges as arbitrary, unjust and illegal.

(2.) The Tribunal while remitting the case back to the authorities for reconsideration, set aside the decision of the respondents therein treating him as unfit for promotion, directed them to peruse those confidential reports of the applicant afresh which were placed before the Screening Committee which met on 28-06-1999 and make necessary corrections as warranted keeping in view the observations of the Supreme Court in U.P. Jalnigam v. Prabhat Chandra Jain. After the above exercise is done, a review Screening Committee should meet and decide the case of the petitioner to the post of the Inspector General of Police in accordance with law. If the review Screening Committee makes him fit for promotion, then he should be treated as promoted from the date of his immediate junior promoted to the post of Inspector General of Police.

(3.) Brief facts of the case are as follows: The 1st respondent was selected for appointment in Indian Police Service during 1980 and was allotted to the cadre of Andhra Pradesh. He worked as Superintendent of Police, Khammam from 06-01-1994 to 07-01/1995. Three charges have been framed by the Government in G.O.Rt.No. 5810, GAD, dated 06-11-1997 against him, Additional Superintendent of Police and other subordinates with regard to hiring of the vehicles for Andhra Pradesh Assembly Elections held in the month of December, 1994 causing advantage to the owners of the vehicles and loss to the Government and paid less amounts to the owners of the hired vehicles than the actual figures shown in the receipts issued to them and some vehicles were two wheelers whereas they were shown as four wheelers and from out of the total amounts received Rs. 55,00,000/- from the Director General and Inspector General of Police for hiring private vehicles failed to account for an amount of Rs. 4.93,606/- etc. and he failed to maintain absolute integrity, devotion to duty and exhibited conduct unbecoming of a member of Indian Police Service. The charge-sheet was served on the concerned and enquired into the irregularities said to have been committed by him along with other co-delinquents.