S ALRAF HUSSAIN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is preferred by the petitioner invoking the jurisdiction of this Court under Article 226 of the Constitution of India, seeking for a direction to set aside the judgment and order passed on O.A.No.1859 of 2001 on 28-4-2001 by the A.P. Administrative Tribunal and to set aside the orders of the 1st respondent in G.O.Ms. No.193 Revenue (Vig.ll) Department, dated 16-3-2001 and also for a direction to the respondents to continue the petitioner in service as Inspector of Excise with all consequential benefits viz., seniority, payment of arrears of salary and allowances.

(2.) The case of the petitioner is that he was directly recruited as Excise Sub- Inspector in the year 1981 through the A.P. Public Service commission and he joined in that post on 20-6-1981. He was rewarded with awards and increments to the best of his ability and performance during his career. He was promoted to the Post of Excise Inspector in the year 1992 and was posted to Vayalapadu in Chittoor District. While he was working as Excise Inspector, Ananthapur, one Boya Venkatesulu, having been found in possession of 27 liquor bottles, was arrested by the l-Town police station, Ananthapur in Cr.No.53 of 1995 and was produced before the Judicial First Class Magistrate, Ananthpur along with the property recovered and was remanded to judicial custody. While so, on 4-5-1995, on point of jurisdiction, the I Town Police station, Ananthpur made over the case in Cr. No. 53 of 1995 to the Excise Station, Ananthapur. On receipt of the records, the concerned Excise Inspector registered the same as a case in Cr. No.61 of 1995 under Sec.34 (a) of the A.P. Excise Act.

(3.) It is the further case of the petitioner that on registration of the case in Cr.No. 61 of 1995 by the Excise Police, one Smt. B. Nagendramma, wife of the said Venkatesulu bore grudge against the petitioner and the Excise of officials and lodged a false complaint against the petitioner that her husband was illegally detained by him. While so, on 2-6-1995, on the complaint given by the said Nagendramma alleging that for the release of her husband, an amount of Rs.3,000.00 was demanded as illegal gratification, the Deputy Superintendent of Police, A.C.B. Ananthapur, registered a case in Cr.No.6/ACB/ATP, dated 2-6-1995 against the Inspector of Excise, Ananthapur. Basing on the same, the A.C.B. team along with the mediators and one Smt. Rajeswari, Senior Assistant, I.C.D.S. Project, Ananthapur, who was used a decoy to observe and report the proceedings, laid a trap on 2-6-1995 at 6.45 P.M. During the raid, one K.Ganganna, Excise constable, who received the amount of Rs.3,000.00 disclosed that he received the amount at the instance of one Thamma Reddy, Head constable and that the said constable in turn handed over the said amount to one B. Ramesh Babu, Home Guard No: 152 who was alleged to have hid the amount at a Transport office situated apposite to the Excise Station. The Raid party recorded two proceedings, one relating to the seizure of the amount of Rs. 3,000.00 from the Transport office and the other relating to the arrest and release of the Excise Constable, Ganganna and the Home Guard, Ramesh Babu. But, contrary to the facts revealed during the investigation, the A.C.B. Ananthapur sent a message requesting the 1st respondent to place the petitioner under suspension and basing on that, the 1st respondent ordered for the suspension of the petitioner and on the instructions from the 1st respondent, the Deputy Commissioner of Excise, Kurnool, through his proceedings R.C.No:A/1/2549/ 95, dated 23-8-1995, issued suspension orders and served upon him on 26-8-1995 while he was working as Excise Inspector at Kuppam in Chittoor District.