GOVERNMENT OF ANDHRA PRADESH Vs. G NEWTON

JUDGEMENT

(1.) The first respondent (for short "the respondent") was working as Constable in the A.P. Police Department, in the year 1992. On the basis of a trap arranged against him, by the Anti Corruption Bureau (ACB), disciplinary proceedings were initiated against him, in the year 2002. Charge sheet was issued to the respondent and, in view of the explanation submitted by him, the matter was referred to the Tribunal for Disciplinary Proceedings. A report was submitted by the said Tribunal holding that the charge is proved. Taking the same into account, an order of punishment was passed on 03.3.2012. The Government in Home Department - the first petitioner herein, issued G.O.Ms. No. 34, dated 17.2.2012, dismissing the respondent from service. Challenging the same, respondent filed O.A. No. 7986 of 2012. One of the contentions urged by the respondent was that though the disciplinary authority for the post of Constable is Superintendent of Police - third petitioner herein, and the appellate authority is Deputy Inspector General of Police (DIG), the order of punishment was passed by the Government. The O.A. was opposed by the petitioners herein by filing counter affidavit. The Tribunal allowed the O.A., through its order dated 06.12.2012. The same is challenged here.

(2.) Heard the learned Advocate General for the petitioners and Sri K. Rami Reddy, learned counsel for the respondent.

(3.) The principal contention urged by the respondent was that the order of dismissal was passed by the first petitioner, though the appointing authority is the third petitioner and the appellate authority is DIG. This weighed with the Tribunal. Reliance was placed upon the judgment of the Supreme Court in Surjit Ghosh v. Chairman and Managing Director, UCO Bank, 1995 AIR(SC) 1053 and a recent judgment in Secretary, Ministry of Defence and others v. Prabash Chandra Mirdha, 2002 AIR(SC) 2250