U SEKHAR BABU Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner was directly recruited as Sub-lnspector of Police in Visakhapatnam District. On 05.01.1994, he was attached to Mampa Police Station for one day and thereafter, to Koyyuru Police Station for few days. It is sated that on account of the acute family problems and is having been required to work in extremist infested areas, he was under depression and on 06.01.1994, while at Koyyuru Police Station, he went inside the room and fired three rounds from his revolver. The appointing authority i.e. the Deputy Inspector General of Police, the 3rd respondent herein, initiated disciplinary proceedings against the petitioner, through order, dated 22.02.1994, under Rule 19(b) of the Andhra Pradesh Civil Services (CCCA) Rules 1991 (for short 'the 1991 Rules'). The Additional Superintendent of Police, Visakhapatnam was appointed as an Enquiry Officer. After conducting a detailed enquiry, wherein nine witnesses were examined and extensive documentary evidence was adduced, the Enquiry Officer submitted a report, dated 15.09.1994, holding that the charges are not proved. The petitioner was also tried in a criminal case, but was acquitted therein.

(2.) It is stated that though the Enquiry Officer submitted a report on 15.09.1994, no further steps were taken by the 3rd respondent till 1997 and on 31.07.1997, he issued a memorandum of charge for imposing major penalty. A Sub-Divisional Police Officer, Vizianagaram was appointed as Enquiry Officer and the latter, in turn, submitted a report, dated 31.01.1998, holding that the charges against the petitioner are proved. Taking the same into account, the 3rd respondent passed an order, dated 03.08.1998, directing his removal from service. In the appeal preferred by the petitioner, the Additional Director General of Police, the 2nd respondent herein, passed an order, dated 02.09.1998, reducing the punishment to the one of reduction of time-scale of pay by two stages for two years with effect on future increments and pension and treating the period of suspension from 06.01.1994 to 09.02.1995 as not on duty. Challenging the same, the petitioner filed a revision before the 1st respondent and it was dismissed. Thereupon, the petitioner filed O.A. No. 6601 of 1999 before the Andhra Pradesh Administrative Tribunal, Hyderabad. The O.A. was dismissed by the Tribunal through order, dated 24.11.2003. Hence, this writ petition.

(3.) Heard Sri S. Srinivas Reddy, learned counsel for the petitioner and the learned Government Pleader for Services-I for the respondents.