GOV.OF A P Vs. P.DURGA PRASAD

JUDGEMENT

(1.) This writ petition is filed challenging the order dated 21-06-2012 passed by the A.P. Administrative Tribunal, Hyderabad, in O.A. No. 1514 of 2010. The respondent filed the O.A., challenging the order dated 28-02-2008, through which the 3rd petitioner imposed the punishment of stoppage of "RTSP by one stage for two years without effect on future increments and pension" and directing that the period of suspension shall be treated as not on duty. The Tribunal allowed the O.A. and has set aside the order of punishment. Learned Government Pleader for the petitioners contends that the respondent was issued a charge-sheet, alleging acts of misconduct and though the enquiry officer held that the charge is not proved, the disciplinary authority, i.e., the 3rd petitioner issued a show cause notice to the respondent and passed the order of punishment, duly following the prescribed procedure. He contends that the Tribunal was mostly impressed by the fact that the respondent was acquitted in the criminal case and the same cannot be sustained in law. He further submits that the Tribunal has re-examined the entire issue, as though it is an appellate authority.

(2.) The respondent is functioning as Head Constable in the Armed Reserve in the AR Headquarters, Nizamabad. A charge-sheet was issued to him, vide proceedings dated 21-03-1997, by the 3rd petitioner. The charge reads as under:

(3.) The statement of imputations was also annexed. The respondent submitted his explanation, denying the charge. Not satisfied with that, the 3rd petitioner appointed ASP Bodhan, as an enquiry officer.