GOVERNMENT OF A.P. Vs. K.SAYOJI RAO

JUDGEMENT

(1.) This writ petition is filed by the respondents in O.A. No. 6345 of 2008, aggrieved by order dated 16.12.2008, passed in the said O.A. by the Andhra Pradesh Administrative Tribunal, Hyderabad. In the aforesaid application filed before the Tribunal under Section 19 of the Administrative Tribunals Act, 1985, the respondent/applicant, who is a retired Assistant Executive Engineer in the Transport, Roads and Buildings Department, has questioned the final order imposing punishment in the disciplinary proceedings, vide G.O.Ms. No. 187, Transport, Roads and Buildings (Vig. II) Department, dated 10.07.2008. On the proven misconduct, the Government has passed the above orders in exercise of powers under Rule 9 of the Andhra Pradesh Revised Pension Rules, 1980, withholding total pension and DCRG (Death cum Retirement Gratuity).

(2.) Necessary facts in brief, are as under:

(3.) Respondent herein has filed explanation denying the aforesaid charge. Thereafter, Government has issued orders in G.O.Rt. No. 753, dated 22.07.1996, appointing an inquiry officer to conduct inquiry on the charge framed against the respondent/applicant. The inquiry officer who conducted inquiry, has submitted his report dated 27.09.2009, basing on which, respondent/applicant was issued the Memo, dated 01.02.2001, alongwith inquiry report, to which, the applicant has submitted his explanation. After filing of such explanation, no orders are passed, but when his case was not considered for promotion on the ground of pendency of disciplinary proceedings, the respondent herein has approached the Tribunal by filing O.A. No. 2818 of 2002, which was disposed of by order dated 08.03.2002, with a direction to the respondents therein, who are the petitioners herein, to finalise the disciplinary proceedings against the respondent within a period of two months from the date of receipt of said order.