MEMBER-SECRETARY, APSEB Vs. Y SIVAIAH

JUDGEMENT

(1.) THE respondents in W.P.No.2668 of 1998 filed this writ appeal. The facts pertaining to the appeal are as under:

(2.) THE respondent was working as Assistant Divisional Engineer in the erstwhile A.P. Electricity Board. A trap was laid upon him on 10.09.1991 by the Anti Corruption Bureau (ACB). Alleging that the respondent received illegal gratification of Rs.500/ - from a consumer, proceedings under the Prevention of Corruption Act were initiated. Simultaneously, the Board has initiated disciplinary proceedings.

(3.) THE proceedings initiated by the ACB ended in acquittal. In the departmental enquiry, the explanation submitted by the respondent was found not satisfactory. An enquiry officer was appointed and a detailed enquiry was conducted. In his report, the enquiry officer recoded a finding that though the only charge framed against the respondent is not proved, his conduct in the matter of maintenance of records and according sanction of connections is not proper. Based upon the report, a show cause notice dated 04.05.1995 was issued by the disciplinary authority proposing the punishment of dismissal. The respondent submitted his explanation on 20.05.1995. On a consideration of the same, the disciplinary authority passed an order, dated 20.06.1995 imposing the punishment of reversion to next lower post. Departmental appeal filed against the same was dismissed. Therefore, the respondent filed the writ petition challenging the order of punishment.