T SURYANARAYANA Vs. ANDHRA PRADESH

JUDGEMENT

(1.) The Petitioner challenges the validity of the order passed by the respondent in Ref.No.HD/E2/49/820/13, dated 19-11-1987, reverting the petitioner from the post of Supervisor (Cold Storage) to the post of Refrigeration Mechanic and directing him to pay Rs.48,515-95, as arbitrary and illegal being violative of Articles 14 and 16 of the Constitution of India.

(2.) The petitioner was initially appointed in the Fisheries Department of the Government of Andhra Pradesh. After the incorporation of the respondent- Corporation the Petitioner was appointed as Supervisor (Cold Storage) in the scale of Rs.550-40-750-EB-50-1100 with effect from 18-5-1976 as per proceedings of the respondent-Corporation bearing No.PNL/ RO/I/76 dated 19-5-1976. While so, on certain allegations of financial irregularities at the Ice Plant, the petitioner was suspended from service on 24-11-1986 and charge memo was served on him calling upon him to submit his explanation within 15 days from the date of receipt of the said charge memo. The petitioner gave his explanation to the said charge memo. It is alleged that the Enquiry Officer submitted the report even without conducting any enquiry and without affording the petitioner any reasonable opportunity. It is further stated that in the show cause notice dated 19-4-1987 the petitioner was only asked to give his explanation as to way he should not be reverted to a lesser post and that he was also asked to remit the amount of Rs.48,515-95 within 15 days from the date of receipt of that memo. The punishment is, therefore, said to be arbitrary and illegal.

(3.) The respondent filed a counter- affidavit stating, inter alia, that full opportunity was given to the petitioner to defend his case, he filed his written statement, he gave his statement and thus participated in the enquiry and the enquiry report was given to the petitioner in me form of the finding. It is further stated that the Enquiry Officer found that the loss sustained by the respondent-Corporation in a sum of Rs.48,515-95, was due to the irregular transactions of the petitioner and that in view of the report of the Enquiry Officer, the above said two punishments were imposed.