SECRETARY TO GOVERNMENT Vs. B.RAMA MOHAN

JUDGEMENT

(1.) With the consent finally heard. Sri S. Rahul Reddy, learned Special Government Pleader representing the learned Additional Advocate General, for the appellants and Ms. C. Vani Reddy, learned counsel for respondent No.1.

(2.) This intra-Court appeal assails the order dtd. 5/6/2023 in W.P.No.24093 of 2008, whereby the petition filed by respondent No.1 herein, was allowed and also the order dtd. 6/9/2024 in I.A.No.1 of 2024 (Review Application) in W.P.No.24093 of 2008, whereby the review application filed by the State, was dismissed.

(3.) Sri S. Rahul Reddy, learned Special Government Pleader for appellants/State raised singular submission that a plain reading of the impugned order dtd. 5/6/2023 of the learned Single Judge makes it clear that the reasons for interference in the Departmental Enquiry and punishment are based on violation of the principles of natural justice. Learned Single Judge opined that no reasonable opportunity was provided to respondent No.1 herein. Neither copy of the vigilance report dtd. 5/1/2006 was supplied to him nor he had the opportunity to cross-examine the witnesses. Learned Single Judge further opined that respondent No.1 herein was not given free chance to lead evidence in respect of the charges and to put relevant questions by way of crossexamination. Respondent No.1 herein was not provided opportunity to produce any witness and lead evidence in his defence.