TMI Blog1998 (4) TMI 537X X X X Extracts X X X X X X X X Extracts X X X X ..... t is otherwise eligible. The Tribunal found that the Departmental Promotion committee met on August 16, 1995 and prepared the panel for the panel year 1994-95, which was approved by the State Government in October, 1995. One of the persons included in the panel was promoted to the category of Director of Town and Country Planning by G.O.M. dated November 14, 1995. The Tribunal observed that the panel itself having been prepared on August 16, 1995 should lapse only on December 31, 1996 and not on December 31, 1995 as was contended by the State. The name of the respondent was included in the panel. The Tribunal, therefore, held that since the panel would lapse only on December 31, 1996 the respondent was entitled for promotion before that date. The Tribunal also noticed that the objection of the State that the panel lapsed on December 31, 1995 was never raised either before it or in the State against an interim order earlier made by the Tribunal. Tribunal was concerned with the question if promotion of the respondent could be denied to him after his name had been included in the panel prepared by the DPC on the ground that the disciplinary inquiry initiated against him had not yet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the sequence of the events. The respondent was appointed as Asstt. Director of Town Planning in the year 1976. He worked in the Municipal Corporation of Hyderabad (hereinafter referred to as `Corporation') in 1979. He was posted as City Planner, Municipal Corporation of Visakhapatnam in 1981. A report dated November 7, 1987 was sent by the Director General, Anti-Corruption Bureau, Andhra Pradesh, Hyderabad, to the Secretary to the Government, Housing, Municipal Administration Urban Development Department, Andhra Pradesh, Hyderabad, about the irregularities in deviations and unauthorised constructions in multi-storied complexes in twin cities of Hyderabad and Secunderabad in collusion with Municipal authorities. In this report four multi-storied buildings were mentioned, viz., chandralok Complex, chenoy market Commercial Complex, Shajahan Apartments and Progressive Towers. It was stated that in September, 1987 these premises were inspected and irregularities in deviations and unauthorised construction were noticed and the relevant files of the Corporation were also perused. Town planning staff of the Corporation in collusion with the builders permitted them to flout ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to state whether he desires an oral inquiry or to be heard in person or both. It is not necessary to refer to further steps whether he desires an oral inquiry or to be heard in person or both. It is not necessary to refer to further steps in the inquiry proceedings as in the present case we find that till July 31, 1995 article of charges had not been served on the respondent by which time 1991 Rules had come into force in supersession of the earlier 1963 Rules. Rule 45 of 1991 Rules provided that repeal shall not affect the previous operation of 1963 Rules, or any notification or order made, or anything done, or any action taken thereunder, in any proceeding under those Rules pending at the commencement of 1991 Rules and shall be continued and disposed of as far as may be in accordance with the provisions of 1991 Rules. In 1991 Rules procedure for imposing penalties had been changed by Rules 20 and 21. Now, the Inquiry Officer is top be appointed after written statement of the defence of the charged employee has been received. When it is proposed to hold inquiry against a Government servant, the disciplinary authority is required to draw up the substance of the imputations of mis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4 Shri Dass informed the authorities concerned that connected files and records have been received from the appropriate authority recently and promised that he would submit his report as early as possible. No report was submitted and Shri DAss was transferred from the post. Thereafter, orders were issued on march 20, 1995 appointing Shri M.Veerahhadraiah, IAS, O.S.D. of the Corporation, as Inquiry Officer. At this stage it was observed that procedure as contained i 1991 Rules had not been followed. therefore, the order dated March 20, 1995 appointing Shri M. Veerahhadraiah as Inquiry Officer was cancelled by order dated June 16, 1995. It was at this stage that articles of charges dated July 31, 1995 were issued to the respondent. The Tribunal did not go into the culpability of the respondent with respect to the charges as contained in memo dated July 31, 1995 and did not record any finding of guilt or otherwise on those charges. The Tribunal, however, said that the memo dated July 31, 1995 related to the incidents that happened ten years or more prior to the date of the memo and that there was absolutely no explanation by the Government for this inordinate delay in framing the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Inquiry Officers and if not to take immediate action to frame the charges, first as provided under Rule 20 of 1991 Rules. The Vigilance Commissioner advised that the draft charges may be shown to him before issuance. A reminder was sent by the Vigilance Commissioner on April 26, 1995. It was thereafter that charges dated July 31, 1995 were framed ad served upon the respondent and others. Four articles of charges have been set out against the respondent, now working as Joint Director, Office of the Director of Town and Country Planning, which are as under:- ARTICLES OF CHARGES 1) That Sri N. Radha Krishna, formerly Assistant Town Planner, Municipal Corporation of Hyderabad, Secunderabad, and presently working as Joint Director, Directorate of Town Planning, Hyderabad,. While working as Assistant Town Planner during the year 1978 committed misconduct in as much as he has put up misleading note with certain omissions and commissions to the City Planer recommending permission for construction of 4th floor, 5th floors and pa subject to certain conditions at Chandralok Complex, Secunderabad in favour of M/s. Swastik Builders in File No. 234/241/7/1/B4/78 in violation of Buil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... travened Rules 3(1) of Andhra Pradesh Civil Services (Conduct) Rules, 1964. It is interesting to note that same Articles of Charges in verbatim have been served upon Sri A. Sree Rami Reddy also, now working as Joint Director, office of Director Town and Country Planning and also 8 other named in the report dated November 7, 1987 of the Director General, anti corruption Bureau. By letter dated August 3, 1995 respondent informed the disciplinary authority, who issued the Articles of charges, that he worked as Assistant City Planner in she corporation from December 6, 1977 to February 16, 1979 in different circles and that from that it could be seen that only charge No. 1 related to his period when he was working as Assistant City Planner in that circle. The respondent wanted copies of the relevant records in respect of charges contained in the memo to facilitate him to submit detailed written statement. In his written statement dated September 25, 1995 the respondent explained as to how charges 2, 3 and 4 could not relate to him and subsequently also in his letter to the Chief Secretary to the government of Andhra Pradesh he said that charges 2 and 4 related to the period w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat he could not be concerned with any deviations or unauthorised constructions in respect of the buildings mentioned in those charges. This is by letter dated October 10, 1995 from the Director of Town and Country Planning to the Principal Secretary to the Government, Municipal Administration and Urban Development Department, and was in answer to a query raised by the disciplinary authority from the Director of Town and Country Planning. On March 15, 1996 Vigilance Commissioner advised the disciplinary authority to Process the explanations of the Accused Officers with reference to the connected files returned by the A.C.B. vide its report dated 7.11.1987 and then refer the file to Vigilance commissioner for further advice . Nothing happened Everything was at standstill. It is in April, 1996 that respondent moved the Andhra Pradesh Appellate Tribunal for relief. It would, therefore, appear that charges have been farmed against the respondent merely on the basis of the report dated November 7, 1987 from the director General, Anti-Corruption Bureau, which is of general in nature raising accusing finger on the various officers of the corporation, but without any reference to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ctual position as to how the delay occurred and if Goyal had been prejudiced in any way on account of delay. This Court relied on the Principles laid down in A.r. Antulay vs. R.S. Nayak (1992 (1) SCC 225), and said, that though that case pertained to criminal prosecution the principles enunciated therein were broadly applicable to the pleas of delay in taking the disciplinary proceedings as well. Referring to decision in a.r. Antulay case this Court said:- In paragraph 86 of the judgment, this Court mentioned the propositions emerging from the several decisions considered therein and observed that ultimately the court has to balance and weigh the several relevant factors - balancing test or balancing process - and determine in each case whether the right to speedy trial has been denied in a given case. It has also been held that, ordinarily speaking, where the court comes to the conclusion that right to speedy trial of the accused has been infringed, the charges, or the conviction, as the case may be, will be quashed. At the same time, it has been observed that that is not the only course open to the court and that in a given case, the nature of the offence and other circumst ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... justice. Delay causes prejudice to the charged officer unless it can be shown that he is to or when there is proper explanation for the delay in conducting the disciplinary proceedings. Ultimately, the court is to balance these two diverse consideration. In the present case we find that without any reference to records merely on the report of the Director General, Anti-Corruption Bureau, charges were framed against the respondent and ten others, all in verbatim and without particularizing the role played by each of the officers charged. There were four charges against the respondent. With three of them he was not concerned. He offered explanation regarding the fourth charge but the disciplinary authority did not examine the same nor did it choose to appoint any inquiry officer even assuming that action was validly being initiated under 1991 Rules. There is no explanation whatsoever for delay in concluding the inquiry proceedings all these years. The case depended on records of the Department only and Director General, Anti Corruption bureau had pointed out that no witnesses ad been examined before he gave his report. The Inquiry Officers, who had been appointed on after the othe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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