WP/23387/2004 of V. Anjaneyulu, Vs The Government of Andhra Pradesh, on 28 December 2012

ORDER:

(Per. Hon’ble Sri Justice Ashutosh Mohunta)

This Writ Petition is filed aggrieved by the order dated20.09.2004 passed by the A.P. Administrative Tribunal,Hyderabad, in O.A.No.4016 of 1998, vide which the said O.A. filedby the petitioner was dismissed.

Brief facts of the case are that the petitioner was appointedas Fireman on 31.08.1968 in Fire Services Department and he wasremoved from service in the year 1978. Aggrieved by the same,he filed R.P.No.1079 of 1978 and that the Tribunal set aside thesaid removal order and he was reinstated into service in August1981. Thereafter, the petitioner was issued with a charge memodated 25.05.1982 by the Divisional Fire Officer, Kakinada, whichreads as under:

“1. Gross in-disciplinary and high-handedattitude in abusing the Station Fire Officer andpersonnel in the Fire Station using vulgar, indecentand unparliamentary language.

2. Gross in-disciplinary conduct inthreatening to murder the personnel creating scareand panic in the Fire Station.”

It has been further averred that the petitioner submitted hisexplanation on 02.06.1982 denying the aforesaid charges. Anenquiry has been conducted into the charges. The 3[rd] respondent-Regional Fire Officer, Visakhapatnam, after receiving the enquiryreport from the Divisional Fire Officer, Kakinada, awarded thepunishment of compulsory retirement of the petitioner from service through proceedings dated 12.08.1983. Against the said order, thepetitioner filed R.P.(SR)No.4672 of 1987 and the same wasrejected by the Tribunal on the ground of inordinate delay in filingthe said R.P. Subsequently, the petitioner submitted arepresentation dated 14.02.1990 to the Government and the samewas ordered to be treated as an appeal and that the 2[nd]respondent-Director General of Fire Services, Hyderabad, byproceedings dated 03.08.1995, rejected the said representation. Against the said order, the petitioner filed the aforesaid O.A. andthe Tribunal by order dated 08.11.2002 disposed of the said O.A.with a direction to the respondents to proceed with the enquiry byfurnishing a copy of the report of the Enquiry Officer to thepetitioner and pass appropriate orders thereon. Challenging thesaid order, the respondents filed W.P.No.6040 of 2003 and thisCourt by order dated 28.10.2003, while allowing the said writpetition, remitted back the matter to the Tribunal for freshconsideration. The Tribunal, after considering the matter afresh,dismissed the O.A. by order dated 20.09.2004. It is against thisorder, the present writ petition has been filed by the petitioner-applicant.

A perusal of the impugned order shows that the petitionerwas compulsory retired from service by proceedings dated12.08.1983, as the charges levelled against him have been provedbeyond any shadow of doubt. The petitioner was sanctionedpension and gratuity by proceedings dated 26.03.1985 of theAccountant General and that he has received the gratuity amountof Rs.4,350/- and that he has been receiving the pension from1983 onwards. The 3[rd] respondent, after taking a lenient view,awarded the punishment of compulsory retirement of the petitionerfrom service by proceedings dated 12.08.1983. The Tribunal has rightly held that since 20 years have elapsed from the date ofcompulsory retirement of the petitioner from service, the issue inquestion cannot be entertained.

For the aforementioned reasons, we are of the consideredview that there is no illegality or irregularity in the order passed bythe Tribunal warranting interference from this Court.

Accordingly, the Writ Petition is dismissed. No costs.

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JUSTICE ASHUTOSH MOHUNTA

28.12.2012 Gsn

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JUSTICE K.S.APPA RAO