WP/5570/2009 of M. MURALIDHAR, KRISHNA DIST. Vs THE A.P. STATE CIVIL SUPPLIES CORP. AND 2 OTHERS on 31 December 2021

ORDER:

Questioning the order of punishment, vide proceedings dated 24.03.2008, passed by the 3[rd] respondent in P.Admn.29(1)/2006, which was confirmed by the 2[nd] respondent vide proceedings, dated 10.12.2008, in No.P.Admn/A3/6982/2007, the petitioner filed the present writ petition.

2. Heard both the counsels.

3. Facts in nutshell :

The petitioner was working as Accountant Gr.II, who is also incharge of M.L.S.Point at Gudivada in the 2[nd] respondent-Corporation. While so, the 3[rd] respondent issued a Charge Memo, dated 02.01.2008, vide Memo No.P.Admn.29(1)/2006, against the petitioner with the following charges :

Charge : I

Sri M.Muralidhar, Acc.Gr-I/the then Incharge MLS Point, Gudivada has delivered 156.25 qtls of SGRY. Rice instead of 56.25qtls without verifying the genuineness of the Release Order No.4304, dated 01.10.2006 received at MLS point on 24.11.2006 positively when the corrections on the said RO contains without any attestation from the competent authority and violated the Rule 24 (c) of conduct discipline and appeal regulations of APSCSCL.

Charge :II

As per the standing instructions the MLs Point Incharge should not receive RO for more than 100 qtls at a time and should not deliver more than 100 qtls to any F.P Shop Dealer at a time under any circumstances. Sri M.Muralidhar, Acc.Gr-I/the then Incharge MLS Point, Gudivada has received the RO 4304, dt.01.10.2006 for 156.25 qtls SGRY Rice and has delivered Rice 156.25 without following the standard instructions and violated the Rule 24 (j) of conduct discipline and appeal regulations of APSCSCL.

CHARGE :III

As per the standing instructions the MLS Point must obtain the signature of stage-II contractor in the issues register as well as on the acknowledgment form of F.P.Shop after delivery of the said stock. Sri M.Muralidhar, Acct. Gr-I/the then Incharge MLS Point, Gudivada has not obtained signatures of the stage-II contractor on the issue register and also on the F.P Shop Dealer acknowledgment form and failed to discharge his duties and shown misconduct and violated the Rule 24 (b) of conduct discipline and appeal regulations of APSCSCL.

CHARGE : IV

As per the standing instructions the MLS Point Incharge, he is the Incharge and he should not allow any other person to work on his behalf and he is responsible for all the activities at MLS Point. Sri M.Muralidhar, Acc. Gr-I/the then Incharge MLS Point, Gudivada has allowed the Attender to deliver the stocks on his behalf on 24.11.2006 and left and MLS Point. He has violated the procedure and shown negligence in discharging his duties under Rule 24(i) of conduct discipline and appeal regulations of APSCSCL.

4. The petitioner offered his explanation to the 3[rd]

respondent, which reads as follows :

i)That I joined the MLS Point, at Gudiwada on 27.10.2006, and that there was cyclone and flood at that point of time and I was also entrusted with flood relief duties, fixing all the responsibilities on me without giving any helping hand in discharging my duties. The District Manager of the 1[st]respondent-Corporation provided one P.Prasanna Raju, an attender to assist me in releasing the commodities, who does not have capability of understanding the release orders etc., 27.10.2006, and that there was cyclone and flood at that point of time and I was also entrusted with flood relief duties, fixing all the responsibilities on me without giving any helping hand in discharging my duties. The District Manager of the 1[st]respondent-Corporation provided one P.Prasanna Raju, an attender to assist me in releasing the commodities, who does not have capability of understanding the release orders etc.,

P.Srinivasa Rao, F.P.Shop dealer, Vadlamannadu, and inspected the shop and seized 100 quintals of SGRY rice, and opined in his complaint that P.Srinivasa Rao, F.P.Shop Dealer, K.P.Venkataratnam, Village Secretary, Vadlamannadu and me, colluded and have drawn the SGRY rice by tampering the Release Order.

5. Finally, the petitioner requested to drop the charges levelled against him and also requested to exonerate him from the Disciplinary Proceedings. Without considering his request, the 3[rd]respondent passed the order of punishment by imposing penalty, which is extracted here under :

“Sri M.Muralidhar, Acct. Gr-I & Ex-MLS Point Incharge, Gudivada and presently working in District Office, APSCSCL, Krishna is hereby awarded the punishment of “Stoppage of Two Annual Grade Increments with cumulative effect”.

6. This Court has perused the entire material on record. It seems due to inadvertence, the petitioner might have released the extra stock. Further, the said stock was already recovered.

7. On the other hand, learned counsel for the respondent-Corporation stated that the extra stock, which was released by the petitioner, was also recovered. As such, there is no loss to the respondent-Corporation.

8. In view of the aforesaid discussion, taking into consideration the long service rendered by the petitioner and as he was already retired from service, this Court is inclined to take a lenient view against the petitioner by converting the major penalty into the minor penalty.

9. In that view of the matter, the punishment imposed on the petitioner by the 3[rd] respondent, which was confirmed by the 2[nd] respondent, is hereby modified from i.e., “Stoppage of Two Annual Grade Increments with cumulative effect” to “Stoppage of Two Annual Grade Increments without cumulative effect”.

10. With the above modification, the writ petition is disposed of. No costs.

As a sequel, the miscellaneous applications, if any pending, shall stand closed.

____________________

SRIK.SURESH REDDY,J

31[st] December,2021. RPD

RPD

HON’BLE SRI JUSTICE K. SURESH REDDY

Writ Petition No.5570 of 2009Dated: 31.12.2021