GOVERMENT OF A P Vs. M A MAJEED

JUDGEMENT

(1.) I had the advantage of going through the judgments rendered by both my learned brothers. Both of them arrived at the same conclusion, but for slightly different reasons.

(2.) I prefer to add a couple of sentences of my own while agreeing with the conclusion of my learned brother. The importance of a disciplinary enquiry or a departmental enquiry in Service Jurisprudence need not be over emphasized. In view of the importance of the question involved in the present matter, the Division Bench thought it fit to refer the matter thus inviting a decision on the said point. The learned Counsel on record made elaborate submissions in relation to the language employed in Rule 19 of the A.P. Civil Services (Classification, Control and Appeal) Rules, 1963, and Rule 20 of the amended Rules of 1991. Certain submissions were made even in relation to the meaning of "cause to be drawn" and also incidentally Rule 21 of the 1991 Rules and certain clarificatory memos and the G.Os., in relation thereto issued by the Government also had been pointed out. In the light of the reasons in detail recorded by my learned brother, the said reasons need not be repeated again. Rule 19 of the A.P. Civil Services (Classification, Control and Appeal) Rules, 1963 (hereinafter referred to as 'old Rules') reads as hereunder: (1) No order imposing on a member of a service a penalty specified in items (i), (ii), (iii), (v) or (ix) of Rule 8 or Rule 9 shall be passed except after-

(3.) Keeping the above in view, it is reiterated that the procedure detailed in sub-rules (3) and (4) of Rule 20 of Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 shall be followed scrupulously before taking a decision on the appointment of Enquiry Officer and the instructions issued in the reference cited shall be followed strictly.