M D SAFIA BEGUM Vs. COLLECTOR NELLORE DIST

JUDGEMENT

(1.) This writ petition has been filed challenging the orders passed by the Andhra Pradesh Administrative Tribunal in O.A.No. 75833 of 1990 and Review M.A. No. 4562 of 1993 and also the orders dated 26-10-1984 and 29-12-1987 passed by the respondents 1 and 3 respectively.

(2.) The petitioner was working as Matron in the Social Welfare Department. On 31-1-1984 Huzur Head Clerk (D), Collectorate, Nellore, on the basis of his inspection, instructed the Government S.C. Girls Hostel, Indukurpet to frame certain charges against the petitioner. Five chgarges were framed against her and they were,

(3.) A show cause notice was issued to the petitioner. After she offered an explanation, District Collector passed an order awarding punishment of stoppage of two increments with cumulative effect. Thereafter, she filed an appeal before the Director of Social Welfare, Hyderabad on 16-5-1985. As this appeal was not decided, according to the petitioner, she filed another appeal before the Government which was disposed of on 31-1-1990 and the order was communicated to the petitioner on 2-3-1990. The Government rejected the appeal. Then she went to the Tribunal. The Tribunal acted like an appellate authority and examined the charges and the explanation given by the petitioner and came to the conclusion that the charges were proved. It is contended by the learned counsel for the petitioner that the Tribunal had not to sit as an appellate authority over the orders passed by the authorities, but had to go into the question of the legality of the order of punishment which was not done by the Tribunal.