- (1.)THIS writ petition is filed seeking a mandamus declaring the action of respondents 1 and 2 in issuing proceedings L. Dis. No. 32/estt/2006, dated 11. 1. 2007 as arbitrary and illegal and consequently to set aside the same.
(2.)IT appears, at the relevant point of time, the petitioner was working as Upper division Clerk/deputy Nazir in the Court of III Additional District Judge, Tirupathi. In the midnight of 19/20. 7. 2005, due to heavy downpour, rain water entered into the residential quarters of the Judicial Officers at Tirupathi. Petitioner was informed to rush to the quarters for help and to remove the court files etc. However, petitioner reached the quarters at 6. 30 a. m. on 20. 7. 2005. Thus, immediately he did not reach the quarters for rendering assistance to the Judicial officers. Therefore, respondent No. l issued a charge-sheet dated 8. 12. 2005 enumerating the following charge: "that the said Sri A. Venkat Reddy, Senior assistant, while working as Senior Assistant (D. N.) in III Additional District Judge's court, Tirupati failed to attend to render necessary assistance to the inmates of the Judicial Officers' quarters whose houses were submerged with water, which is minimum expected from the Senior Assistant (Nazarath Section) to report before the officers along with available Process Servers to render help in excavating the inmates and their belongings including Court files from the Judicial Officers quarters, though informed and only reported in the morning after water was cleared by Fire Service personnel, which amounts to dereliction of duties and which is unbecoming of an employees and which if proved or established amounts to misconduct within the meaning of Rule 3 of APCS (Conduct)Rules, 1964. " petitioner submitted his explanation to the said charge stating that in the night of 19. 7. 2005 there was heavy rain fall at tirupathi and entire Tirupathi town was submerged with water and electricity was cut off in the residential area where he was residing. Though he admitted that he received a phone call from the II Additional junior Civil Judge, Tirupathi on the midnight of 19. 7. 2005 about rain water entering into the residential quarters of the Judicial officers, he could not rush to the quarters, as there was heavy downpour and his residence was 4 kilometres away from the judicial Officers' quarters. Apart from that, he is a heart patient and undergone angiography on 11. 12. 2002, stenting was also done of RCA bifurcula stenocis and he was under continuous medication and daily after food, he would take medicines which will keep him drowsy. According to him, he made best efforts to reach the quarters, but could not, as the rain water was overflowing on the roads. Ultimately, he reached at 6. 30 a. m. on 20. 7. 2005 and rendered all possible help to the Judicial officers. Thus, he requested for dropping of the charge. However, having not satisfied with the explanation, an Enquiry Officer was appointed and enquiry was conducted. The learned III Additional District Judge, tirupathi under whom the petitioner was working at the relevant point of time, was examined as PW. 1 and the III Additional junior Civil Judge, Tirupathi was examined as PW. 2. The complaint made by PW. l to the learned District Judge, Chittoor was marked as Ex. P1. On the basis of the evidence on record, the Enquiry Officer held the petitioner guilty of the charge. Thereafter, a show-cause notice was issued to the petitioner, who submitted his explanation on 30. 11. 2006. According to the petitioner, without considering the said explanation, the 1st respondent imposed the punishment of withholding of promotion permanently, by an Order dated 11. 1. 2007, which is illegal. Hence, this writ petition.
(3.)A detailed counter-affidavit has been filed by the 1st respondent denying the allegations made by the petitioner as to development of ill-will or malice and there was no bias at all in dealing with the present case. It was stated that the petitioner was placed under suspension on 8. 11. 2005 and the said Proceedings were issued consequent on the directions of this Court, on administrative side. Further, the charge levelled against the petitioner was enquired into in detail and the Enquiry Officer held the petitioner guilty of the charge. Therefore, petitioner was imposed with a punishment of denying promotion permanently, since the charge was grave in nature and the petitioner failed to react to the situation and to attend to his legitimate duties. There was a dereliction on the part of the petitioner in attending to his duties being a Deputy nazir having control over Nazarath and left the Judicial Officers and their family members to their fate on a mid night in a heavy rain fall and when they came out from their quarters with wearing apparels in rain water mixed with drain water upto waist level depth, despite receiving a phone call from a responsible Judicial officer. Therefore, conducting enquiry and imposing punishment was in consonance with A. P. Civil Services (CCA) Rules, 1991. The impugned Order is perfectly justified and valid.