M V RAGHAVULU Vs. A P FOREST DEVELOPMENT CORPORATION LTD
LAWS(APH)-1992-3-74
HIGH COURT OF ANDHRA PRADESH
Decided on March 05,1992

M.V.RAGHAVULU Appellant
VERSUS
A.P.FOREST DEVELOPMENT CORPORATION LTD. Respondents

JUDGEMENT

- (1.)This writ petition is filed challenging the order of the 1st respondent passed in his proceedings No.PD/2334/88/5843 dated 11-11-1988.
(2.)The facts, concisely speaking are that the petitioner while working as Assistant Plantation Officer in the Office of Andhra Pradesh Forest Development Corporation Limited, Rajahmundry was charge-sheeted on 13-5-1987 for an act of misconduct and the misconduct alleged is denial of his statement, which is stated to have been given in the presence of the Divisional Manager and Plantation Officer. His explanation to his earlier statement was that it was given under coercion. This use of the word "coercion" provoked the authorities to initiated disciplinary action. After conducting enquiry, the disciplinary authority, the 2nd respondent herein, has passed an order dated 30-4-1988 holding that the petitioner had misconducted himself. But having regard to the nature of misconduct caused, he thought it fit that in flictment of punishment of stoppage of one annual grade increment with cumulative effect was proportionate and that the removal from service was disproportionate. '
(3.)The petitioner had appealed to the 1st respondent, who is the Appellate Authority under Regulation-50 of the Regulations titled "The Andhra Pradesh Forest Development Corporation Staff Regulations 1975". Regulation-50 provides for an appeal before the Appellate Authority and no part of the regulation has conferred any power on the Appellate Authority, i.e. the 1st respondent herein, to enhance the punishment awarded by the disciplinary authority. But the 1st respondent by his impugned order dated 11-11-1988 passed in Ref. PD/ 2334/88/5843 has not only dismissed the appeal but enhanced the punishment to that of removal from service and questioning the same this Writ Petition has been filed.
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