AI Structured Summary
Not yet generated for this judgment
Judgment
B. Subhashan Reddy, J.—The petitioner herein, by G.O.Ms. No. 107, Transport, Roads and Buildings (Tr.I) Department, dated 3-6-1993, was inflicted the punishment of his removal from service without any retiral benefits and also to recover the amount of Rs. 1,33,020/- said to have been misappropriated by the petitioner. On questioning the same, the Administrative Tribunal had confirmed the Governmental Order.
In the same situation, under similar circumstances, the Supreme Court in State of Andhra Pradesh v. K. Ramachandran AIR 1998 SC 1093 held that such cases as the instant one, have got to be referred firstly to the Tribunal for Disciplinary proceedings and only thereafter, action can be taken. The word ''misconduct'' has been interpreted by the Supreme Court so as to mean that the Government has got no power to take action unless the matter is first referred to the Tribunal for Disciplinary Proceedings and then basing upon the order of the Tribunal, appropriate action be taken.
The dicta laid down by the Supreme Court squarely covers this case and as such, following the said judgment of the Supreme Court, the impugned order is set aside. The writ petition is accordingly allowed.