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Government Of A.p v. P. Posetty

Government Of A.p
v.
P. Posetty

(Supreme Court Of India)

Civil Appeal No. 8926 Of 1994 | 29-07-1998


1. Delay condoned

2. The respondent was working as a Sub-Inspector of Police at Togta Police Station in Medak District of the State of Andhra Pradesh from 1975 to 1977. There were certain allegations of illegal detention of certain persons in police custody, their torture etc. by the respondent for corrupt motives. On being satisfied that a prima facie case against the respondent was made out, the case of the respondent was referred to the Tribunal constituted under Section 3 of the Andhra Pradesh, Civil Services (Disciplinary Proceedings Tribunal) Act, 1960. The Tribunal framed the following charge against the respondent

"That you, while working as SI of Police, Togta, from 1975 to 1977, in abuse of your official position, and actuated by corrupt motives, harassed S/Shri S. Bal Reddy, Janki Sathaiah, Kambam Bal Reddy, Kambam, Lakshmi Reddy, Gadila Maila Reddy, Pogula Rami Reddy and Kambam Veera Malla Reddy by keeping them in illegal police custody and thereby you are guilty of misconduct within the meaning of Rule 2(b) of the rules framed under the Andhra Pradesh Civil Services (Disciplinary Proceedings Tribunal) Act, 1960." *

3. After enquiry the Tribunal came to the conclusion that the charge of abuse of official position actuated by corrupt motives was proved against the respondent. The Tribunal sent a report dated 10-12-1981 to the State Government. The State Government thereupon served a second show-cause notice dated 1-4-1982 on the respondent asking him to show cause why the punishment of dismissal from service should not be imposed on him. On receipt of the show-cause notice the respondent filed a proceeding before the Andhra Pradesh State Administrative Tribunal challenging the show-cause notice.

Advocates List

For the Appearing Parties --------------

For Petitioner
  • Shekhar Naphade
  • Mahesh Agrawal
  • Tarun Dua
For Respondent
  • S. Vani
  • B. Sunita Rao
  • Sushil Kumar Pathak

Bench List

HON'BLE MR. JUSTICE S.R. BABU

HON'BLE MR. JUSTICE SUJATA V. MANOHAR

Eq Citation

JT 1999 (10) SC 524

(2000) 2 SCC 220

LQ/SC/1998/699

HeadNote

The Tribunal dismissed the petition. A Division Bench of the High Court, by a majority decision, dismissed the writ petition filed by the respondent against the order of the Tribunal