IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 18710 of 2008 Between: 1 The Government of Andhra Pradesh, Rep. by its Secretary, Medical & Health F.W. Department, Secretariat Buildings, Secretariat, Hyderabad. 2 The Director of Health, Andhra Pradesh, Hyderabad. ..... PETITIONER(S) AND A.V. Menon, S/o. A.S. Menon, R/o. H.No. 2-2-1118/4, New Nallakunta, Hyderabad. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate Writ or direction more particularly one in the nature of "Writ of Certiorari" calling for the records relating to and connected with order dt. 13-8-2004 in O.A.No. 5618/2000 including order madein M.A.No. 2841/2006 in O.A.No. 5618/2000, dated 21-6-2007 and furtehr proceedings relating thereof on the file of the Hon'ble A.P.A.T. Hyderabad and to quash or set aside the samee by holding as erroneous and contrary to law to and pass Counsel for the Petitioner:GP FOR SERVICES I Counsel for the Respondent No.: . The Court made the following : THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD W.P.No.18710 of 2008 ORDER: (per GHULAM MOHAMMED, J) This writ petition is filed seeking to quash the order dated 13-8-2004 in O.A.No.5618 of 2000 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short “the Tribunal”). 2. The facts which are relevant and necessary for deciding the writ petition are as follows: The respondent joined the State Service under Andhra Pradesh State Government in the year 1969 as Health Inspector. While he was working in the Government Fever Hospital, Hyderabad, he was transferred to the office of District Medical Health Officer, Khamam and thereafter to Adilabad, on an alleged complaint regarding certain irregularities of not entering the medico legal cases in the death register, unauthorized absent and for not maintaining the registers properly. While matter stood thus, disciplinary proceedings were initiated by serving charge sheet and placing him under suspension pending enquiry on the alleged charges i.e. i) negligent in discharging official duties, ii) misbehaving with higher officers in view of his being associated with Union, (iii) failure to join duty at Adilabad and (iv) bringing extraneous influence on the authorities in cancellation of his transfer orders. An enquiry was conducted by the Assistant Director of Medical and Health Services (LW & PR),A.P. Hyderabad. The Enquiry Officer, after an elaborate enquiry and after going through the records vide proceedings dated 6.11.1973, found the respondent not guilty of the charges leveled against him. Without considering the findings of the Enquiry Officer- the Assistant Director of Medical and Health Services, the Regional Director, Medical and Health Services, A.P. Hyderabad, imposed punishment of stoppage of three annual grade increments with cumulative effect, and he further directed that the period of suspension shall be treated as leave to which he was eligible. The said penalty, on appeal, was reduced to that of stoppage of two increments with cumulative effect vide his proceedings dated 3.5.1989. His further appeal to the Government, was rejected on the ground of it being time barred. Aggrieved by the same the respondent filed O.A.No.745 of 1997 and the same was disposed of on 31.1.2000 with a direction to the petitioners therein to reconsider their decision in the light of the report submitted by the Assistant Director in the year 1973. Pursuant to the said direction, the Principal Secretary to the Government, Health, Medical and Family Welfare Department, Hyderabad, vide G.O.Rt.No.724, dated 7.6.2000, passed final orders to the effect that “Government have examined the report of the Enquiry Officer and found that the charges 3 and 4 framed against the respondent have been proved and Government considered that there are no grounds to reduce or modify the punishment already imposed and the request of the respondent, was rejected. Aggrieved by the same, the respondent filed O.A.No.5618 of 2000 to quash the G.O.Rt.No.724, dated 7-6-2000 and direct the petitioners to restore two increments which were stopped with cumulative effect vide proceedings dated 3.5.1989. During the pendency of the said O.A, on his further representation, dated 16-02-2001, Government have reconsidered the matter and partially allowed the appeal and orders were issued vide G.O.Rt.No.615 HM & FW(12) Department, dated 07-06- 2001 duly reducing the penalty of stoppage of two annual grade increments with cumulative effect to that of stoppage of two annual grade increments without cumulative effect. The Tribunal after taking into consideration the facts and circumstances of the case, allowed the O.A. setting aside the impugned order. 3. The learned Government Pleader for Services appearing for the petitioners contended that once the Government reduced the punishment of stoppage of two increments with cumulative effect with that of stoppage of two increments without cumulative effect during the pendency of the O.A. and since it is a minor punishment, the Tribunal ought to have considered the modification of the punishment and ought not to have allowed the O.A. 4. We have perused the order of the Tribunal and also the charges framed against the respondent. It appears that the punishment imposed on the respondent is disproportionate to the charges leveled against him. In the earlier O.A.No.745 of 1997 filed by the respondent, it was made clear that the charges 1 to 3 levelled against the respondent are not established. As far as Charge No.4 with regard to bringing pressure on the authorities for cancellation of his transfer to Adilabad is concerned, the authority has not been carried away by the pressure and the Tribunal has rightly observed that even assuming that the pressure is brought on the authority, passing of the order pursuant thereto is equally wrong. We are of the opinion that in view of the enquiry report dated 06-11-1973 of the Assistant Director of Medical & Health Services (LW & PR), Andhra Pradesh, Hyderabad, the Tribunal has rightly allowed O.A. setting aside the punishment. 5. Therefore, we do not find any irregularity or illegality in the order passed by the Tribunal so as to call for interference by this court in exercise of its jurisdiction under Article 226 of the Constitution of India. The writ petition is devoid of merit and the same is liable to be dismissed. 6. Accordingly, the writ petition is dismissed. No order as to costs. ______________________ GHULAM MOHAMMED,J ___________________ G.BHAVANI PRASAD,J 01-09-2008 Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS}