IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE NOUSHAD ALI WRIT PETITION NO : 20960 of 2004 Between: The Regional Fire Officer, Southern Region, Anantapur & 2 Others. ..... PETITIONERS AND V.Shivanageshwara Rao .....RESPONDENT The Court made the following : HON’BLE SRI JUSTICE A. GOPAL REDDY AND HON'BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No. 20960 OF 2004 ORDER: (Per Hon’ble Sri Justice A. Gopal Reddy) Petitioners-Fire Services Department filed this writ petition seeking a writ of certiorari calling for the records relating to the orders, dated 24.8.2004 in O.A.No.5772 of 2001 on the file of Andhra Pradesh Administrative Tribunal, Hyderabad and to quash the same as erroneous and contrary to law. Respondent herein was appointed as a Driver Operator in the Department on 1.7.1978 vide proceedings, dated 18.6.1978 in Rc.No.989/A1/78, and was posted to Guntur Fire Station in Guntur District. He was awarded with the following punishments by the petitioners-Department on various occasions on the gravity of the offences committed by him: 1. Awarded Censure vide proceedings in Rc.No.8037/A1/85, dated 7.10.1985 by the Divisional Fire Officer, Guntur for his negligence in driving and causing accident to Mobile Tank Unit (Fire Engine) APC 4521 of Ponnur Fire Station on 27.5.1985. 2. postponed the periodical increment, due in 1992, for a period of two years vide proceedings in R.C.No.651/A/91, dated 4.1.1994 of the Divisional Fire Officer, Guntur for his grave misconduct and dereliction of duty. 3. Reduced pay by two stages with cumulative effect on his future increments and pension from Rs.2840/- to 2675/- due on 1.7.1992 vide proceedings in Rc.No.951/A1/94, dated 22.9.1995 of the Regional Fire Officer, Southern Region, Anantapur for his desertion of the post of the Driver Operator on several occasions, indisciplined behaviour and gross neglect of duty.” While so, the respondent was placed under suspension vide proceedings in Rc.No.288/PR/96, dated 31.7.1996 till conclusion of disciplinary proceedings and an enquiry officer was appointed to enquire into the charges vide proceedings in Rc.No.1580/A1/96, dated 1.8.1996. The second petitioner being the appointing authority and also disciplinary authority, framed as many as 7 charges against the respondent and through the proceedings No.14/PR/A2/96, dated 20.11.1996 explanation was called for from the respondent for conducting the enquiry. As the respondent has not submitted defence statement, second petitioner, who is the appointing authority, himself conducted an oral enquiry on 12.2.1997 as per the procedure laid down under the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 (for short ‘Rules, 1991’) and submitted his report, basing on which, the first petitioner issued a show-cause notice to the respondent on 14.7.1997 proposing a punishment of removal from service. Questioning the same, the respondent filed O.A.No.6436 of 1997. The Tribunal by its order, dated 18.12.1997 allowed the O.A. setting aside the order, dated 14.7.1997 while upholding the contention of the respondent that under Rule 20 of the Rules, 1991, the appointing authority has to frame the charges, call for the explanation and remit the matter to the enquiry officer for further enquiry, if the appointing authority is not itself enquiring authority, and that the show-cause notice issued on 14.7.1997 imposing punishment is irregular and contrary to the provisions of Rule 21(4) of the Rules, 1991. However, the petitioners herein were granted liberty to take further action in accordance with the provisions of the Rules, 1991. After quashing the orders, dated 14.7.1997 by the Tribunal, the first petitioner issued a revised show-cause notice vide proceedings Rc.No.1580/A1/1996, dated 7.10.1998 and though the same was received by the wife of the respondent, no written explanation was submitted. Thereafter, the first petitioner disposed of the matter by awarding the punishment of dismissal from service vide proceedings, dated 22.7.2000 in Rc.No.1580/A1/96. Questioning the same, the respondent again approached the Tribunal by filing O.A.No.5772 of 2001. By the impugned order, the Tribunal allowed the O.A. holding that after setting aside the earlier show-cause notice, dated 14.7.1997 granting liberty to the petitioners to proceed afresh under the Rules, 1991, no charges were framed by the appointing authority and therefore, proceeding with the very same enquiry without conducting de novo enquiry is contrary to the earlier order and accordingly set aside the order of imposing the punishment of dismissal. Questioning the same, the present writ petition is filed. We have heard the learned Government Pleader for Services-I and the learned counsel for the respondent. Once the Tribunal set aside the show-cause notice upholding the contentions of the respondent that under Rule 20 of the Rules, 1991, it is for the disciplinary authority to frame the charges and remit the matter to the enquiring authority for enquiry after receipt of explanation, but the disciplinary authority cannot delegate its function to the enquiring authority, still, the disciplinary authority has not chosen to frame the charges afresh by appointing the enquiry officer to conduct a de novo enquiry into the said charges framed by the disciplinary authority. Since the procedure contemplated under Rules, 1991 has not been followed by the petitioners in spite of quashing the earlier show-cause notice, the Tribunal rightly set aside the punishment order passed by the disciplinary authority as the earlier order passed by it upholding the objections of the respondent has become final. No infirmity is discernable with the impugned order warranting interference by this Court. Accordingly, the writ petition is dismissed. It is always open for the petitioners to take action in terms of para 11 and 12 of the order passed by the Tribunal. No order as to costs. _________________ (A. GOPAL REDDY, J.) _________________ (NOUSHAD ALI, J.) FEBRUARY 09, 2010 TSR