GOVERNMENT OF A P Vs. MOHD TAHER ALI

JUDGEMENT

(1.) The writ petitioners are Government of Andhra Pradesh and others. They filed the present writ petition for issuance of a writ of certiorari calling for the records connected with order dated 2.12.2003 in O.A.No.467 of 2003 on the file of Andhra Pradesh Administrative Tribunal (in short referred to as the Tribunal hereinafter) and pass such other suitable orders.

(2.) The learned Government Pleader for Services-I representing the writ petitioners would contend that though opportunity had been givsn, no explanation was forthcoming from the respondent and hence it cannot be said that no reasonable opportunity was given to the respondent-applicant in the OA. The iearned Counsel also would maintain that as far as the quantum of punishment is concerned, it is within the purview of the disciplinary authority and hence interfering with the order on the ground that it is shockingly disproportionate cannot be sustained in the facts and circumstances of the case.

(3.) Per contra, Sri A.Hanumantha Reddy representing the respondent-applicant had submitted that since the respondent- applicant had expected some minor punishment, he had not submitted any explanation and believing the same he kept quiet, but ultimately to his surprise the order which had been impugned in the OA., had been made. The learned Counsel also would submit that at any rate in the light of the clear findings which had been recorded by the Tribunal, no interference is called for by this Court under Article 226 of the Constitution of India.