Govt. Of A.P. & Ors vs Mohd. Narsullah Khan

J U D G M E N T H.K.SEMA,J This appeal, preferred by the State of Andhra Pradesh, is directed against the judgment and order of the Division Bench of the High Court of Andhra Pradesh dated 9.12.2003 in Writ Petition No. 14146 of 2003 quashing the order of dismissal dated 21.9.2000 of the respondent herein and the order of the appellate authority dated 20.10.2001 confirming the order of dismissal. The Division Bench of the High Court directed that the respondent herein be reinstated into service forthwith with all back wages and all attendant benefits, which he could have received, had he not been dismissed from service. The High Court further directed that the respondent be reinstated into service within a period of four weeks from the date of receipt of the order. This Court on 16.7.2004, while issuing notice granted interim stay of the impugned order. Further, on 18.7.2005, on the submission of the learned counsel for the respondent that the respondent has been reinstated pursuant to the High Court order but the back wages have not been paid, this Court stayed the payment of back wages directed by the High Court.

Briefly stated, the facts are as follows:

After receipt of the Inquiry Report, a show cause notice was issued to the respondent herein by the Disciplinary Authority and after considering the reply to the show cause notice, the Disciplinary Authority dismissed the respondent from service with immediate effect by an order dated 21.9.2000. It was further directed that the period of suspension from 30.3.2000 till the date of dismissal be treated as "Not on duty". Aggrieved thereby, the respondent preferred an appeal before the Deputy Inspector General of Police, which was dismissed on 11.5.2001. Thereafter, the respondent filed O.A.No. 3700 of 2001 before the Andhra Pradesh Administrative Tribunal. The Administrative Tribunal, by its order dated 1.8.2001, remanded the matter to the Appellate Authority for reconsideration of the matter. The Appellate Authority, after reconsidering the representation, rejected the appeal again and confirmed the order of dismissal by its order dated 20.10.2001. Being aggrieved, the respondent again filed O.A. No. 8066 of 2001 before the Tribunal contending, inter-alia, that the theft, as alleged, was not proved and the Appellate Authority did not properly consider the submissions of the respondent and that the Appellate Authority dismissed the appeal without application of mind. The appellant herein filed a detailed counter repudiating the allegations made in the O.A. It is stated that the order of dismissal was passed in accordance with the rules and regulations and there was no denial of principles of natural justice to the respondent, nor was there any allegations of violations of rules and regulations or procedures. It was also contended that the guilt of the respondent has been proved beyond all reasonable doubt. After considering the petition and the counter, the Andhra Pradesh Appellate Tribunal by its order dated 4.4.03 dismissed the O.A. confirming the order of dismissal. Aggrieved thereby, the respondent preferred Writ Petition No. 14146 of 2003 before the High Court, which was allowed by the impugned order, as stated earlier. Hence, the present appeal by Special Leave. It is contended by the learned counsel for the appellant that the finding recorded by the Inquiry Officer is a finding of fact and the High Court cannot act as an appellate authority. Its jurisdiction is circumscribed and confined to correct errors of law or procedural law, if any, or violation of principles of natural justice. It is further contended that the High Court fell in grave error of law by re-appreciating the evidence recorded by the Inquiry Officer like an appellate authority in the instant case.

As already said, in the present case there is no allegation of violation of principles of natural justice or the inquiry being held inconsistent with the mode of procedure prescribed by the rules or regulations.

In the premises aforestated, we are clearly of the view that the High Court has committed patent error of law which has resulted in miscarriage of justice. The order of the High Court is, accordingly, quashed. The appeal is allowed. Consequently, the writ petition, filed by the respondent stands dismissed. Parties are asked to bear their own costs.