K. SUBRAMANYA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

(2.) Brief facts of the case are that the petitioner was appointed as Driver under the respondents in the year 1991 and was working as such till dismissed from service on 24/8/2017 by the 4th respondent. While the petitioner was working as Driver in the office of Sub-divisional Forest Officer, Tirupati, he was placed under suspension on 11/2/2014 on the ground that the petitioner colluded with the red sanders smugglers by collecting bribe. After a period of 20 months, the petitioner was issued with a charge memo dtd. 26/9/2015 framing lone Article of Charge and that the petitioner was arrested for the same offence by the police of M.R.Palli Police Station. The petitioner has submitted his explanation dtd. 17/10/2015 to the 4th respondent and the disciplinary authority had appointed a presenting officer vide proceedings dtd. 1/1/2016 in Rc.No.327/2014/GS. Thereafter, the enquiry was conducted on 9/1/2016, 23/1/2016 and 29/1/2016 without any progress in the enquiry proceedings. Subsequently, again the petitioner was called for enquiry on 13/3/2017 and enquiry proceedings were concluded on the same day and thereafter, enquiry report had been communicated to the petitioner in May 2017, for which the petitioner had submitted final explanation in detail on 12/5/2017. Even though the enquiry was completed, the suspension of the petitioner had also been extended again, where under the petitioner was continued under suspension for more than three years. The 4th respondent vide proceedings Rc.No.327/2014/GS, dtd. 24/8/2017 issued orders of major penalty of dismissal from service. Aggrieved by the same, the petitioner filed an appeal on 17/10/2017 before the 3rd respondent and the 3rd respondent after two years, rejected the appeal vide proceedings Rc.No.1662/2017/M2, dated Nil.05.2019. Questioning the same, the petitioner filed revision before the 2nd respondent on 18/6/2019. The 2nd respondent rejected the revision vide proceedings dtd. 24/12/2019. Thereafter, the petitioner filed a Mercy Petition before the Government, which was disposed of on 21/9/2021 vide Memo No.2514/Sec.IV/A2/2018 by the 1st respondent, which was communicated to the petitioner in third week of October, 2021. Questioning the inaction of the respondents in reinstating the petitioner into service, the present writ petition has been filed.

(3.) The 4th respondent filed counter affidavit denying the allegations made in the writ petition and stated that the police arrested the persons namely one Venkatesh, Viod Kumar and Doraswamy Venkatesh, while they were transporting 9 red sander logs, weight of 244 kgs in Mahendra Xylo Car bearing No.TN02AN and the police authorities seized the car. During investigation of the said accused, they informed the name of the petitioner, who is helping them for this smuggling of Red Sander activities, for which the petitioner has taken bribe of Rs.2,00,000.00 per load. It is further stated that the petitioner had himself accepted that he has colluded with the Rs.smugglers. Hence, the petitioner was placed under suspension as per Rule 8(1)(2)(b) of CC & A Rules, 1991 in DFO, Chittoor East (WL) Divison, Chittoor vide Rc.No.327/2014/GS, dtd. 11/2/2014. The suspension orders were served on the petitioner on 17/2/2014. The 4th respondent addressed to submit his investigation report vide Rc.No.327/2014/GS, dtd. 7/7/2014. Since the investigation report was delayed, the suspension orders were extended for further period of six months from 9/8/2014 vide Rc.No.327/2014/GS, dtd. 5/8/2014. The 3rd respondent ordered to be continue for next six months vide Progs.No.25/2015/M2, dtd. 7/1/2015 from 11/2/2015 in terms of G.O.Ms.No.578, GAD (Ser.3), dtd. 31/12/1999 and further extension of suspension period of six months from 11/8/2015 also ordered by Conservator of Forest, Ananthapuramu vide Rc.No.25/2015/M2, dtd. 28/8/2015. Later, the 4th respondent appointed the Sub Divisional Forest Officer, Tirupati as presenting officer vide Rc.No.327/2014/GS, dtd. 1/1/2016. After completion of all formalities of enquiry, departmental findings were communicated to the petitioner vide Rc.No.327/2014/GS, dtd. 28/4/2017 stating that charges were proved. Thereafter, final orders were passed by the 4th respondent vide Rc.No.327/2014/GS, dtd. 24/8/2017 with a punishment of dismissal from service and the same was acknowledged by the petitioner on 19/9/2017. Thereafter, the petitioner preferred appeal and the same was rejected vide Rc.No.1662/2017/M2, dated Nil.05.2019, confirming the orders of the 4th respondent and the same was acknowledged by the petitioner on 12/6/2019. Thereafter, the petitioner preferred revision petition on 18/6/2019 and the same was rejected vide Rc.No.6182/2019/A&DC-1, dtd. 24/12/2019. Thereafter, the petitioner submitted Mercy Petition before the Government and the same was also rejected vide Rc.No.2514/Ser-IV/A2/2018, dtd. 21/9/2021 and the same was acknowledged by the petitioner on 4/12/2021. Therefore, prays to dismiss the writ petition.