GOVERNMENT OF ANDHRA PRADESH Vs. V VENKATA RAMANAIAH

JUDGEMENT

(1.) The Government of Andhra Pradesh, its Director General of Police (Admn.), the Inspector General of Police, Guntur Range, the Superintendent of Police, SPSR Nellore and the Sub-Divisional Police Officer, Gudur, SPSR Nellore, are aggrieved by the order dated 30.03.2011 in O.A.No. 265 of 2010 passed by the Andhra Pradesh Administrative Tribunal (APAT). By impugned order, the Tribunal while confirming the finding of guilt of charge, modified the punishment to that of reversion of the first respondent (hereafter, the applicant) from the post of Head Constable to Police Constable. The admitted facts in brief are as follows. The applicant while working as Head Constable was alleged to have committed theft of suitcase at RTC Bus Stand and also alleged to have forged the signature of HC 655 Sri V. Chinnaiah. The enquiry was ordered under the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 (the Rules). The Sub-Divisional Police Officer conducted enquiry and submitted report finding the charges as proved. After following necessary procedure, by an order dated 14.02.1998 the applicant was dismissed from service.

(2.) The applicant preferred a departmental appeal to the Inspector General of Police. By proceedings dated 19.08.1999, the appellate authority passed an order of reversion of the applicant from the post of Head Constable to the post of Police Constable permanently duly directing to treat the period of suspension as not on duty. The applicant's appeal before the Inspector General of Police, Guntur, failed. The applicant then preferred a review to the Government, who by memo dated 08.09.2009, rejected the same. Aggrieved by the same, the applicant filed O.A.No. 265 of 2010 to set aside the order of reversion permanently.

(3.) To make the long story short, by impugned order, the learned Tribunal confirmed the finding of guilt recorded by the disciplinary authority as confirmed by the appellate authority. However, observing that the appellate authority is not authorised to impose the punishment of permanent reversion to the post of Police Constable, the punishment was modified as reverting the applicant to the post of Police Constable.