IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.11998 OF 2011 Date:29.04.2011 Between:- V.V.Ramana .. Petitioner And The A.P.State Civil Supplies Corporation Ltd., rep. by its Vice Chairman/Managing Director, Hyderabad and another. .. Respondents ORDER:- This Writ Petition is filed to issue a writ of Mandamus to call for the records relating to and connected with Proceedings No.P.Admn.A3/2062/2006, dated 09.12.2010, and also Proceedings No.P.Admn.A3/2062/2006, dated 10.08.2010 and set aside the same holding them as illegal and arbitrary and consequently, to direct the respondents to reinstate the petitioner to duty as Record Assistant with continuity of service, arrears of salary, seniority and all other service benefits. 2. The case of the petitioner is that he was recruited as Attender in the respondent Corporation on 02.09.1981. Subsequently, he was promoted as Record Assistant on 01.04.1996. While he was working as Record Assistant at Nizamabad, a book consisting of Release Orders with leaf Nos.20601 to 20700 was misused by some individuals, thereby causing release of food grains in favour of certain individuals, which caused financial loss to the Corporation. He has no direct responsibility of maintaining the book containing Release Orders. It was never in lock and key. Based upon the instructions of the higher officials, the books were being released in favour of Mandal Revenue Officer. Due to the unaccounted use of the release orders, the Joint Collector conducted a preliminary enquiry on 01.02.2006 and while conducting the enquiry, the Joint Collector insisted the petitioner to give a statement to the effect that the book was released from his custody. He was made to write the said statement under coercion and threat on 02.02.2006 and it was clearly informed to him that since the goods were going to be confiscated, such statement was only a formality. There is absolutely no financial loss to the respondent Corporation. Basing on the preliminary enquiry report of the Joint Collector, a charge memo, dated 05.01.2007, was issued to him and he submitted a detailed explanation on 22.01.2007 denying all the charges. The respondents lodged a criminal complaint. Basing on his explanation, an Enquiry Officer was appointed vide proceedings, dated 04.06.2007, and the Enquiry Officer furnished his report on 11.02.2009, basing on which, a show cause notice was issued to him on 19.06.2010 holding him guilty of the charges. Though a reply, dated 05.07.2010, was given to the show cause notice, a dismissal order was issued by respondent No.2 on 10.08.2010, which was confirmed by the Board vide impugned proceedings dated 09.12.2010. Hence, he filed the present writ petition. 3. The disciplinary authority passed the order dismissing the petitioner from service besides recovery of Rs.6,80,419.60ps towards 1/3rd of the loss caused to the Corporation. Challenging the said order, an appeal is filed before respondent No.1, who passed the impugned order, which reads as follows: “The Board after considering all aspects of the case rejected the appeal of Sri V.Venkata Ramana, Ex.Record Asst. Dist. Office, Sangareddy and upheld the orders of the disciplinary authority.” 4. The appellate authority is competent to pass an order considering the evidence on record independently. Right to reason is an indispensable part of a sound judicial system. It equally applicable to the administrative authorities. Even the quasi-judicial authority is bound to record the reasons and the petitioner must know for what reason, the case went against him. The evidential material must be such that it amounts to the guilt of the employee in respect of the charge him with some degree of definiteness. The conclusions must be based on existent and relevant material. The appellate authority is under obligation to record reasons for its decision in an appeal against an order of dismissal. When an appellate authority dealing with the appeal has not recorded the reasons, that order can be said to be perverse. 5. Therefore, the Writ Petition is allowed setting aside the impugned order and the matter is remanded to the appellate authority to consider the evidence and material available on record independently and take an appropriate decision and pass an appropriate order within a period of two (2) months from the date of receipt of a copy of this order after giving opportunity to both the parties. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 29th April, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.11998 OF 2011 Date:29-04-2011 AMD