GOVERNMENT OF ANDHRA PRADESH Vs. A VENKATA RAYADU
LAWS(SC)-2006-10-104
SUPREME COURT OF INDIA (FROM: ANDHRA PRADESH)
Decided on October 31,2006

GOVERNMENT OF ANDHRA PRADESH Appellant
VERSUS
A.VENKATA RAYADU Respondents


Cited Judgements :-

RAM AVTAR SHARMA VS. MAHARAJA AGRASEN COLLEGE [LAWS(DLH)-2009-9-267] [REFERRED TO]
C ESWARAN VS. DIRECTOR OF ADI-DRAVIDAR WELFARE; DISTRICT ADI-DRAVIDAR AND TRIBAL WELFARE OFFICER [LAWS(MAD)-2014-4-369] [REFERRED]
R. SIVARAJAN CHETTIAR VS. THE KERALA KHADI AND VILLAGE INDUSTRIES BOARD AND ORS. [LAWS(KER)-2015-1-300] [REFERRED TO]
OM PRAKASH LAKSHKAR VS. MP STATE CIVIL SUPPLIES [LAWS(MPH)-2009-10-50] [REFERRED TO]
NETRANANDA PATNAIK VS. UCO BANK [LAWS(ORI)-2012-1-24] [REFERRED TO]
REGHUNANDANAN V. MENON VS. CHAIRMAN, PHARMACEUTICAL CORPORATION (IM) KERALA LTD [LAWS(KER)-2023-8-183] [REFERRED TO]
DEBI PRASAD MOHANTY VS. CHIEF EXECUTIVE OFFICER [LAWS(ORI)-2017-8-36] [REFERRED TO]
VIKRAM SHARMA VS. STATE BANK OF INDORE [LAWS(MPH)-2011-11-28] [REFERRED TO]
MOHINDER SINGH KANWAR VS. STATE OF MADHYA PRADESH [LAWS(MPH)-2023-4-122] [REFERRED TO]
PRABHAT CHANDRA DAS VS. UNION OF INDIA [LAWS(MEGH)-2013-11-2] [REFERRED TO]
SUKUMAR MALLICK VS. UNION OF INDIA [LAWS(CAL)-2014-12-79] [REFERRED TO]
P. RAM CHANDRA REDDY VS. INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT [LAWS(APH)-2022-8-106] [REFERRED TO]
PIJUSH CHATTORPADHYAY VS. NATIONAL COUNCIL FOR CO-OPERATIVE TRAINING AND ORS. [LAWS(GAU)-2008-9-89] [REFERRED TO]
S.SUBRAMANIAN VS. STATE OF TAMIL NADU [LAWS(MAD)-2012-9-31] [REFERRED TO]
ANIL BALI VS. UNION OF INDIA [LAWS(DLH)-2022-8-96] [REFERRED TO]
TRAILOKYANATH KHUNTIA VS. UNION OF INDIA [LAWS(ORI)-2019-12-19] [REFERRED TO]
TAMILNADU MERCANTILE BANK LIMITED VS. DEPUTY COMMISSIONER LABOUR [LAWS(MAD)-2009-1-209] [REFERRED TO]
GOVERNMENT OF TAMIL NADU VS. M SUBRAMANIAN [LAWS(MAD)-2008-7-141] [REFERRED TO]
WAHIJUDDIN SHAH VS. THE STATE OF MANIPUR AND ORS. [LAWS(MANIP)-2015-2-16] [REFERRED TO]
NASIMUDDIN ANSARI VS. UNION OF INDIA [LAWS(DLH)-2023-8-4] [REFERRED TO]
M.K. SHARMA VS. UNION OF INDIA (UOI) AND ORS. [LAWS(CA)-2008-3-19] [REFERRED TO]
STAR INDIA PRIVATE LIMITED VS. UNION OF INDIA [LAWS(DLH)-2011-9-374] [REFERRED TO]
GANESH RAM CHALAK VS. BILASPUR RAIPUR KSHETRIYA GRAMIN BANK [LAWS(CHH)-2011-3-31] [REFERRED]
HARI OM RASTOGI VS. STATE OF U.P. [LAWS(ALL)-2022-5-124] [REFERRED TO]
DURYODHAN LENKA VS. CHAIRMAN, BOARD OF DIRECTORS, KALINGA GRAMYA BANK & ORS. [LAWS(ORI)-2012-3-89] [REFERRED TO]
PURNA CHANDRA PADHI VS. UNION OF INDIA AND ORS. [LAWS(ORI)-2015-5-10] [REFERRED TO]
K.M.THIYAGARAJ @ HENRY MANI VS. INSPECTOR GENERAL OF REGISTRATION [LAWS(MAD)-2012-8-270] [REFERRED TO]
S C MUKHARJEE VS. CHAIRMAN STATE BANK OF INDIA [LAWS(MPH)-2009-12-70] [REFERRED TO]
MINAKETAN KANHAR VS. UNION OF INDIA [LAWS(ORI)-2014-8-5] [REFERRED TO]
EHC MAHENDER SINGH AND ANOTHER VS. STATE OF HARYANA AND OTHERS [LAWS(P&H)-2017-10-34] [REFERRED TO]
R.T. MURUGESAN VS. SECRETARY TO GOVERNMENT AGRICULTURE [LAWS(MAD)-2013-1-533] [REFERRED TO]
N MUTHULAKSHMI VS. INSPECTOR GENERAL OF REGISTRATION AND DEPUTY INSPECTOR GENERAL OF REGISTRATION [LAWS(MAD)-2011-7-462] [REFERRED]
N. RAJASEKARAN NAIR VS. THE GOVERNMENT OF TAMIL NADU AND ORS. [LAWS(MAD)-2015-3-636] [REFERRED TO]
RAJAM INDUSTRIES P LTD VS. DEPUTY COMMERCIAL TAX OFFICER [LAWS(MAD)-2010-6-16] [REFERRED TO]
BULAR PAL VS. GOVT. OF NCT OF DELHI THROUGH THE CHIEF SECRETARY, NEW SECRETARIAT, I.P. ESTATE [LAWS(CA)-2012-5-20] [REFERRED TO]
BHUBAN MOHAN PAL VS. STATE OF WEST BENGAL [LAWS(CAL)-2013-7-49] [REFERRED TO]
INDIAN AIRLINES LIMITED AND ORS. VS. SHIVA ANAND AND ORS. [LAWS(CAL)-2007-4-79] [REFERRED TO]
THE LD. REGISTRAR GENERAL, HIGH COURT AND ORS. VS. ANANYA BANDYOPADHYAY AND ORS. [LAWS(CAL)-2015-12-116] [REFERRED TO]
AZMAT ALI VS. UNION OF INDIA (UOI) AND ORS. [LAWS(DLH)-2008-1-201] [REFERRED TO]
RAM BAHADUR TEWARI VS. U.P. PROVINCIAL COOPERATIVE UNION AND ORS. [LAWS(ALL)-2010-2-343] [REFERRED TO]
JAIVEER PRASAD GAUTAM VS. STATE OF U P [LAWS(ALL)-2011-2-83] [REFERRED TO]
S KANNAN VS. REVENUE DIVISIONAL OFFICER, UTHAMAPALAYAM; DISTRICT TREASURY OFFICER, THENI; SUB TREASURY OFFICER, UTHAMAPALAYAM [LAWS(MAD)-2014-4-344] [REFERRED]
A MANIVELU VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2009-11-143] [REFERRED TO]
TAMIL NADU MERCANTILE BANK LIMITED VS. DEPUTY COMMISSIONER [LAWS(MAD)-2009-1-363] [REFERRED TO]
V.S.SINGH VS. DURG RAJNANDGAON GRAMIN BANK [LAWS(CHH)-2013-3-4] [REFERRED TO]
JIBAN KUMAR SARKAR VS. UNION OF INDIA [LAWS(CAL)-2010-10-55] [REFERRED TO]
VICE PRESIDENT, EMAMI PAPER MILLS LTD. VS. PRESIDING OFFICER, LABOUR COURT [LAWS(ORI)-2020-2-40] [REFERRED TO]
JASWINDER SINGH VS. U.T. ADMINISTRATION OF CHANDIGARH [LAWS(P&H)-2020-5-33] [REFERRED TO]
DELHI TRANSPORT COR VS. PYARE LAL [LAWS(DLH)-2012-10-312] [REFERRED TO]
NAGANATHAN VS. DIRECTOR GENERAL OF POLICE [LAWS(MAD)-2007-10-476] [REFERRED]
E V RAMANARAYANAN, SENIOR MANAGER (STANDS REMOVED) VS. GENERAL MANAGER (HRM), HRM DEPARTMENT, INDUSTRIAL RELATIONS DIVISION AND ORS [LAWS(KER)-2015-12-358] [REFERRED]
A KALIAPERUMAL VS. DISCIPLINARY AUTHORITY GENERAL MANAGER (PERSONNEL) DEPARTMENT OF PERSONNEL INDUSTRIAL RELATIONS DIVISION [LAWS(MAD)-2012-1-166] [REFERRED TO]
M.MANOHAR VS. GOVERNMENT OF TAMIL NADU [LAWS(MAD)-2016-6-173] [REFERRED]
DURYODHAN LENKA VS. CHAIRMAN, BOARD OF DIRECTORS [LAWS(ORI)-2012-3-26] [REFERRED TO]
CHANDAN MAJUMDAR VS. TRIPURA ROAD TRANSPORT CORP-ORATION [LAWS(GAU)-2013-3-38] [REFERRED TO]
ARJUN HEMBRAM VS. PUNJAB NATIONAL BANK [LAWS(CAL)-2010-4-24] [REFERRED TO]
MD ABU TAHIR HOSSAIN VS. STATE OF WEST BENGAL [LAWS(CAL)-2011-11-39] [REFERRED TO]
DTC VS. PYARE LAL [LAWS(DLH)-2012-10-29] [REFERRED TO]
Jyoti Prakash VS. State of H.P. [LAWS(HPH)-2008-4-36] [REFERRED TO]


JUDGEMENT

Markandey Katju, J. - (1.)THIS appeal has been filed against the impugned judgment of the Division Bench of Andhra Pradesh High Court dated 17/11/2003 passed in Writ Petition No. 17676 of 2003.
(2.)HEARD learned counsel for the parties and perused the records.
The respondent worked as General Manager of Andhra Pradesh Scheduled Tribes Cooperative Finance Corporation Limited (TRICOR), Hyderabad from 15.6.1998 to 13.10.1999. On the basis of the report submitted by the Managing Director dated 18.11.1999, the following charges were framed against him:

"Article No. 1: That the said Dr. Venkata Raidu, while functioning as A.P. Scheduled Tribes Cooperative Finance Corporation Limited (TRICOR), A.P. Hyderabad and presently working as Deputy Secretary (Administration) at Gurukulam A.P., Hyderabad violated the Orders issued by the Government from time to time and despite the specific instructions of the Managing Director, TRICOR, A.P. Hyderabad issued in the year 1997 and in the year 1998 in connection with depositing of the funds of TRICOR in various Cooperative/Private Banks.

Article No. 2 : That during the aforesaid period and while functioning in the aforesaid office, the said Dr. Venkata Raidu, formerly worked as General Manager and presently working as General Manager, TRICOR and presently working as Deputy Secretary (Administration) at Gurukulam, A.P. Hyderabad though specific instructions were given by the Managing Director, TRICOR (when it was noticed) to withdraw the money deposited from the Cooperative Banks and any other non-Nationalized Banks, has failed to obey the instructions.

Article No. 3 : That during the aforesaid period and while functioning in the aforesaid Office, the said Dr. Venkata Raidu formerly worked as General Manager, TRICOR and presently working as Deputy Secretary (Administration) at Gurukulam, A.P. Hyderaband has violated the instructions of Managing Director, TRICOR and failed to withdraw the Deposits made with Cooperative/Private Banks, and still an amount of Rs. 445.00 lakhs is due for realization from the Cooperative/ Private Banks as per the details given below (as on 18.11.1999). JUDGEMENT_670_SUPREME8_2006Html1.htm

Article No. 4 : That during the aforesaid period and while functioning in the aforesaid Office, the said Dr. Venkata Raidu, formerly worked as General Manager, TRICOR and presently working as Deputy Secretary (Administration) at Gurukulam, A.P. Hyderaband, due to his in effecting action the TRICOR could not release the amounts due to the implementing Agencies and Beneficiaries in time and there is a loss sustained to the TRICOR thereby putting the Corporation as well as the Government in embarrassing situation".

Thereafter, an enquiry was conducted and basing on the enquiry report, the Commissioner, Tribal Welfare Department issued a show cause notice, dated 27.3.2001 to which he submitted his explanation. Finally, the Government issued Orders in G.O. Ms. No. 100, dated 5.9.2002 dismissing him from service.

(3.)THE tribunal observing that Charge Nos. 2 to 4 were not found to be proved by the Enquiry Officer, considered the matter with reference to Charge No. 1 and observed that Charge No. 1 though proved could not be said to be misconduct which could be held to be proved against the appellant. THE tribunal also found that in case of misconduct committed by the employees jointly, the enquiry ought to have been conducted jointly as required under Rule 24(1) of A.P.C.S. (CCA) Rules).
The tribunal further noticed that the Enquiry Officer exceeded its powers by finding the appellant guilty of charge of negligence by enlarging the scope of enquiry which was also unwarranted. Observing infirmity, the tribunal found that the Order of dismissal was not sustainable and accordingly, it was set aside. Hence, this appeal



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