Petitioner challenged disciplinary action including transfer, suspension, and enquiry initiation. Court found enquiry completed and punishment accepted, dismissing the writ petition as no further orders were required.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON'BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION No. 1238 OF 2002
Dated: 07-04-2010
Between:
K.V. Vijayakumar
... PETITIONER
AND
The A.P State Minorities Finance Corporation Limited, Hyderabad, rep., by its Chairman & Managing Director and three others
... RESPONDENTS
THE HON'BLE SRI JUSTICE SANJAY KUMAR
WRIT PETITION No. 1238 OF 2002
ORDER:
The petitioner, while working as a Development Officer in the Andhra Pradesh State Minorities Finance Corporation Limited, was subjected to disciplinary proceedings. In this regard, he was transferred from Vijayawada to Hyderabad under the proceedings dated 06-09-2001. He was placed under suspension by the respondent – Corporation under its proceedings dated 12-09-2001. The petitioner was called upon to attend the disciplinary enquiry by the Sub-Collector, Vijayawada who was appointed as the Enquiry Officer under notice dated 17-11-2001. Aggrieved thereby, the petitioner approached this Court by way of the present writ petition challenging his transfer from Vijayawada to Hyderabad under proceedings dated 06-09-2001, his suspension from duty under proceedings dated 12-092001 and also the appointment of the Enquiry Officer and the initiation of enquiry under the notice dated 17-11-2001.
By order dated 25-01-2002, this Court directed interim stay of all further proceedings pursuant to the appointment of the Enquiry Officer under proceedings dated 10-09-2001. Thereafter, by order dated 1704-2002, a learned Judge of this Court suspended the operation of the proceedings dated 12-09-2001 placing the petitioner under suspension from duty. It appears that the respondent – Corporation
filed Writ Appeal No. 1778 of 2002 aggrieved by the said direction, which was disposed of by order dated 05-03-2003 directing the writ petition to be heard on priority basis. It appears that in the meanwhile the respondent – Corporation moved a vacate stay petition in the writ petition vide WVMP No. 1547 of 2002. By order dated 07-08-2002, a learned Judge of this Court took note of the fact that the enquiry instituted against the petitioner had been completed and the enquiry report had already been submitted to the disciplinary authority and accordingly, vacated the interim stay of further proceedings granted earlier. It is now stated that pursuant to the disciplinary proceedings initiated against the petitioner, the disciplinary authority, being the – Vice-Chairman-cum-Managing Director of the respondent Corporation, passed orders in reference No.900/APSMFC/ADMN/AS/2001 dated 06-09-2003 imposing upon the petitioner the punishment of withholding of three annual increments without cumulative effect. It is further stated that the petitioner accepted the punishment imposed upon him as aforestated and is presently working on deputation elsewhere.
In that view of the matter no further orders are required in this writ petition, which is accordingly dismissed. There shall be no order as to costs.
SANJAY KUMAR, J
07-04-2010 ks
K.V. Vijayakumar
The A.P State Minorities Finance Corporation Limited, Hyderabad
SANJAY KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
