K. SURYANARAYANA MURTHY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

(2.) Heard Ms. P. Vijaya Kumari, learned Senior Counsel for the petitioner and learned the Government Pleader, Services-II for the respondents

(3.) The brief facts of the case are that the petitioner was working as Superintendent in Government Children's Welfare Department at Eluru. The petitioner was placed under suspension vide proceedings No. EA1/33/2009-1, dtd. 2/4/2009 on the ground that he committed certain irregularities, consequently disciplinary proceedings vide Charge Memo EA1/33/2009-1, dtd. 25/5/2009 were initiated calling for explanation, for which the petitioner submitted explanation. Without considering the explanation the enquiry report submitted that all the charges were proved against the petitioner and imposing 100% cut in the pension and gratuity. Assailing the same the petitioner filed O.A. No. 6752 of 2011 before the A.P. Administrative Tribunal and the learned Tribunal directed the respondents to conduct further enquiry from the stage of trial by its order dtd. 11/3/2014. Pursuant to the said order the an enquiry was initiated, after considering the evidence of the petitioner has submitted a report recommending the Government to exonerate the petitioner from all the charges. Inspite of recommendations in the enquiry report, the respondent imposed punishment, withholding 5% cut in the petitioner's pension for five years, besides treating the suspension period from 3/4/2009 to 28/9/2010 as not on duty for the reason that the petitioner did not maintain stock properly and caused financial loss to the Government. Therefore the inaction of the respondents is questioned in this writ petition.