T.RATNAKAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) In this Writ Petition, the petitioner has questioned the order dated 16.01.2001, passed by the A.P. Administrative Tribunal (in short "the Tribunal"), in O.A.No.7388 of 1996. The O.A. was filed challenging the G.O.Ms.No.1111, Transport, Roads & Buildings (S.I.-3) Department, dated 01.11.1996, through which punishment of stoppage of one increment with cumulative effect besides recovery of Rs.1,09,236-15 ps., was imposed on the petitioner. The Tribunal dismissed the O.A.

(2.) The petitioner was initially appointed as Draftsman Grade-III in Roads & Buildings Department on 07.12.19971 and subsequently he was promoted to the posts of Grade-II Draftsman and Assistant Engineer in the years 1974 and 1976 respectively. Since 16.12.1976 he has been working as Assistant Engineer and by 1996, he was working in the Office of Deputy Executive Engineer, Roads & Buildings Sub Division, Parkal, Warangal District. In relation to his work, in respect of Medical Buildings, Warangal, the Government has noticed certain irregularities and it has initiated disciplinary proceedings. The 1st respondent appointed one M. Bhavanarayanacharyulu, Superintending Engineer, R&B, as Enquiry Officer by issuing G.O.Ms.No.469, dated 09.12.1985, to enquire into the allegations against the petitioner and two other officials i.e., Executive Engineer and Deputy Executive Engineer. The following charges were framed against the petitioner:

(3.) On receiving the charge memo, the petitioner submitted his explanation on 12.09.1986. After conducting enquiry, the Enquiry Officer had submitted a report vide letter No.PF/No.1/SE/OC/EO/86, dated 13.10.1986, holding that the third charge alone is proved. On receipt of a Memo dated 16.05.1987 from the 1st respondent, the petitioner had submitted his explanation on 24.06.1987. Subsequently, after two and half years, the petitioner received a memo No.2557/S.I-3/8530, dated 07.11.1989 in which, punishment of stoppage of an increment with cumulative effect and recovery of Rs.1,09,236.15 ps., were proposed. The said Memo was accompanied by the statement of findings of an enquiry by name K. Krishna Murthy, Chief engineer, who conducted enquiry against one K.V.Rama Rao, Executive Engineer (R&B), covered by G.O.Ms.No.499, TR&B Department, dated 11.06.1987.