State of Andhra Pradesh Vs. S.M.A Ghafoor & Anr.
EmailAppeal: Civil Appeal No. 3931 of 1987.
Petitioner: State of Andhra Pradesh
Respondent: S.M.A Ghafoor & Anr.
Apeal: Civil Appeal No. 3931 of 1987.
Judges: E.S.VENKATARAMIAH & N.D. OJHA.JJ.
Date of Judgment: Apr 19, 1988
Head Note:
SERVICE
Disciplinary enquiry – Order of suspension against the respondent restored – State Government to complete the enquiry within three months.
JUDGEMENT:
O R D E R
1. Shri M.K. Ramamurthy, learned counsel for respondent No.1 Shri S.M.A. Ghafoor submits that Shri Ghafoor has been served with a memo of charges for the purpose of holding disciplinary enquiry against him. In view of the above he further states that the State of Andhra Pradesh may be directed to complete the disciplinary enquiry within three months from the date on which Mr.Ghafoor files his reply to the charges before the enquiry authority and that the order of suspension which has now been set aside by the the Andhra Pradesh Administrative Tribunal may be revived and continued till the completion of the disciplinary proceedings. Shri T.V.S.N. Chari says that an order may be passed accordingly. We, therefore, set aside the order of the Tribunal against which this appeal is filed and restore the order of suspension which had been passed against Shri Ghafoor.
2. Shri Ghafoor shall file his reply within the time granted to him to do so and the enquiry authority shall complete the disciplinary enquiry within three months from the date on which the reply is filed. Shri Ghafoor is directed to co-operate with the enquiry authority to complete the proceedings. If the enquiry is not completed within three months as stated above respondent No.1 is at liberty to move this Court for suitable directions. The appeal is disposed of accordingly. No costs.
1. Shri M.K. Ramamurthy, learned counsel for respondent No.1 Shri S.M.A. Ghafoor submits that Shri Ghafoor has been served with a memo of charges for the purpose of holding disciplinary enquiry against him. In view of the above he further states that the State of Andhra Pradesh may be directed to complete the disciplinary enquiry within three months from the date on which Mr.Ghafoor files his reply to the charges before the enquiry authority and that the order of suspension which has now been set aside by the the Andhra Pradesh Administrative Tribunal may be revived and continued till the completion of the disciplinary proceedings. Shri T.V.S.N. Chari says that an order may be passed accordingly. We, therefore, set aside the order of the Tribunal against which this appeal is filed and restore the order of suspension which had been passed against Shri Ghafoor.
2. Shri Ghafoor shall file his reply within the time granted to him to do so and the enquiry authority shall complete the disciplinary enquiry within three months from the date on which the reply is filed. Shri Ghafoor is directed to co-operate with the enquiry authority to complete the proceedings. If the enquiry is not completed within three months as stated above respondent No.1 is at liberty to move this Court for suitable directions. The appeal is disposed of accordingly. No costs.
