GOVERNMENT OF ANDHRA PRADESH Vs. M SUHRULATHA DEVI

JUDGEMENT

(1.) The State filed this Writ of Certiorari questioning the order of the A.P. Administrative Tribunal dated 22-06-2010 made in O.A.No.6598 of 2007 in partly allowing the said application filed by the 1st respondent herein insofar as in setting aside the order of punishment treating the period from 27-11-2003 to 9-5-2006 as dies non and in directing to treat the period from 27-11-2003 to 16-8-2004 as compulsory wait and treat the said period as leave eligible. The 1st respondent herein questioned the punishment order dated 23-4-2007 of the Commissioner of Family Welfare, A.P, Hyderabad in imposing the punishment of a) treating the period of unauthorized absence from 27-11-2003 to 9-5-2006 as dies non, b) stoppage of two increments without cumulative effect, which punishment was confirmed by the Government vide its Memo No. 11095/VC.111.2/2007, dated 26-10-2007 in an appeal filed by her.

(2.) It was the case of the 1st respondent herein that while she was working as a Principal of MPHW (F) Training School in Khammam city, the District Medical and Health Officer, Khammam surrendered her to the Commissioner of Family Welfare, A.P, Hyderabad vide proceedings dated 27-11-2003. Questioning the said surrender order, the 1st respondent herein filed O.A.No.7908 of 2003 on the ground that 3rd petitioner herein is not the competent authority to surrender her. The Tribunal granted interim order on 4-8-2004 directing the Commissioner of Family Welfare to issue posting orders to the 1st respondent herein on or before 16-08-2004. Accordingly, the Commissioner of Family Welfare by order dated 16-8-2004 posted the applicant to MPHW (F) Training School, Bhadrachalam of Khammam District in the existing vacancy, but she did not join and she made a representation to consider her case for pasting at Khammam instead of Bhadrachalam. As she belongs to S.C community, she approached A.P. State Commission for S.Ts and S.Cs and the Secretary of the said Commission requested the Commissioner of Family Welfare to take suitable action for posting her at Khammam and that she has been making representations to consider her case for posting at Khammam.

(3.) If is not in dispute that she has not joined at her posted place at Bhadrachaiam of Khammam District pursuant to the posting orders dated 16-08-2004. Thereafter, an explanation was called for by show cause notice dated 25-2-2006 as to why disciplinary action should not be initiated for her unauthorized absence from 27-11-1993 to 25-2-2006, for which she submitted her explanation, which was rejected again directing her to join at Bhadrachalam and ultimately she jointed as Principal of MPHW (F) Training School, Bhadrachalam on 10-5-2006. Thereafter, she said to have made a representation to regularize the period from 27-11-2003 to 9-5-2006 as leave to which she is eligible but the Commissioner of Family Welfare issued a charge memo dated 29-06-2006 framing three charges against her asking her to submit explanation. She submitted her explanation on 18-7-2006 denying the charges and requested to take lenient view, but explanation/written statement was rejected and the Additional Director, Family Welfare was appointed as Enquiry Officer by order dated 20-9-2006. Accordingly, the Enquiry Officer conducted the enquiry and submitted the report on 27-12-2006. The finding of the enquiry report where two charges out of three charges are proved reads as follows: