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2002 DIGILAW 132 (AP)

D. Mallesham v. Revenue Divisonal Officer,vikarabad Division, Rangareddy District

2002-02-01

B.SUDERSHAN REDDY, V.ESWARAIAH

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B. SUDERSHAN REDDY, J. ( 1 ) THE petitioner in the instant writ petition impugns the proceedings of the Revenue Divisional Officer, Vikarabad Division, Ranga Reddy District whereunder he was kept under suspension pending a detailed enquiry. The Revenue Divisional Officer passed the impugned order in purported exercise of the power under Rule 45 of the Andhra Pradesh Village Administrative Officers Services Rules (for short the Rules ). ( 2 ) THE petitioner invoked the jurisdiction of the Andhra Pradesh Administrative Tribunal and filed O. A No. 6338 of 2001 challenging the said order. A Full Bench of the Tribunal by its order dated 11. 12. 2001 opined that the Revenue Divisional Officer has jurisdiction to pass an order of suspension pending enquiry against the Village Administrative Officer. The Tribunal took the view that the Revenue Divisional Officer has the power to place a Village Administrative Officer under suspension pending enquiry into the charges under Rule 47 of the Rules. The Tribunal found that Rule 45 of the Rules is not the relevant rule but the power of the Revenue Divisional Officer to place a Village Administrative Officer under suspension is traceable to Rule 47 of the Rules. The Tribunal found that as in case of Rule 45 of the Rules, the order passed by the Revenue Divisional Officer in purported exercise of the power under Rule 47 of the Rules requires no ratification by the competent authority. Thus, the Tribunal held that ratification of an order passed by the Revenue Divisional Officer under Rule 47 of the Rules is not necessary. ( 3 ) THE Tribunal accordingly dismissed the O. A filed by the petitioner by an Order dated 18. 12. 2001. The petitioner challenges the said order in this writ petition. ( 4 ) SRI M. Surender Rao, learned counsel for the petitioner contends that the Revenue Divisional Officer has no authority whatsoever in law to place a Village Administrative Officer under suspension pending enquiry. The power, if any at all to place any Village Administrative Officer under suspension, according to the learned counsel for the petitioner, vests in the appointing authority viz. , the Joint Collector. Learned counsel would place reliance upon the judgment of this Court reported in T. SUBBA RAO vs. REVENUE DIVISIONAL OFFICER, TENALI1 and also the decision of another Division Bench in W. P No. 476 of 2000 dated 4. 1. 2000. , the Joint Collector. Learned counsel would place reliance upon the judgment of this Court reported in T. SUBBA RAO vs. REVENUE DIVISIONAL OFFICER, TENALI1 and also the decision of another Division Bench in W. P No. 476 of 2000 dated 4. 1. 2000. ( 5 ) BEFORE we proceed further to consider the question as to whether the Revenue Divisional Officer has any authority whatsoever to place a Village Administrative Officer under suspension pending enquiry, it may be necessary to make a reference to the relevant rules. The Government of Andhra Pradesh in exercise of the power conferred by the proviso to Article 309 of the Constitution of India made the Rules regulating the recruitment and conditions of service of Village Administrative Officer. The Rules are known as the Andhra Pradesh Village Administrative Officers Service Rules. Rule 45 of the Rules confers power upon the Revenue Divisional Officer to suspend, censure or fine a Village Administrative Officer either suo motu or on a complaint received, after conducting an enquiry, subject to ratification by the appointing authority. The Rule reads as follows:rule 45. Powers of Revenue Divisional Officers to punish Village Administrative Officers:-- (i) The Revenue Divisional Officer may suspend, censure, or fine a Village Administrative Officer either suo moto or on a complaint received, after conducting an enquiry, subject to ratification by the appointing authority. (ii) the appointing authority or any superior authority to which it is subordinate may however,-- (a) suspend any Village Administrative Officer, if he filed an application to be adjudged as insolvent; and (b) fine, suspend, remove or dismiss any Village Administrative Officer for misconduct, neglect of duty, incapacity, non-residence in the Village or conviction in a Criminal case which in his opinion, disqualifies him from holding the Office or for any other sufficient cause. " ( 6 ) IT is not necessary to refer in detail to Rule 46 since it only mandates to provide an opportunity to be given before a Village Administrative Officer is punished. Rule 47 of the Rules deals with suspension pending enquiry and it reads as follows:"rule 47. " ( 6 ) IT is not necessary to refer in detail to Rule 46 since it only mandates to provide an opportunity to be given before a Village Administrative Officer is punished. Rule 47 of the Rules deals with suspension pending enquiry and it reads as follows:"rule 47. Suspension pending enquiry:-- (1) An Officer competent to suspend a Village Administrative Officer as a measure of punishment may also place under suspension such Village Administrative Officer from service pending investigation or enquiry into grave charges, or where a case against a Village Administrative Officer in respect of any criminal offence is under investigation or trial, if he is satisfied that the continuance in Office of the Village Administrative Officer is detrimental to public interest or administration and he shall make a record in writing of his reasons for so doing and a copy of the same shall be furnished to the Village Administrative Officer concerned: Provided that where a Village Administrative Officer is detained in custody, whether on a criminal charge or otherwise for a period exceeding 48 hours, he shall be deemed to have been suspended with effect from the date of detention by an order of the appointing authority and shall remain under suspension until further orders; (Provided further that, where a Village Administrative Officer has been suspended and the investigation has not been completed or the action proposed to be taken in regard to him has not been completed within a period of suspension which shall not exceed six months, the Village Administrative Officer shall be deemed to have been reinstated to duty unless the authority, who ordered such suspension obtains the orders of the Head of the Department to continue the said Village Administrative Officer under suspension for a further period of six months. In no case shall such an interim suspension be in force for a period exceeding one year except in those where criminal cases are pending trial and this period of one year of suspension shall not include the period for disposal of Appeal and Revision.) (2) Where a penalty of dismissal, removal from service is imposed upon a Village Administrative Officer after he had been placed under suspension under sub-rule (1) and if such penalty is set aside in appeal or revision under these rules and the case is remitted for further enquiry or action or with any other directions, the original order of suspension pending enquiry of such Village Administrative Officer shall be deemed to have continued in force until further orders of the competent authority. (3) Where a penalty of dismissal, removal from service imposed upon a Village Administrative Officer is set aside or declared or rendered void in consequence of or by a decision of a Court of Law and the authority competent to impose the penalty on a consideration of the circumstances of the case decides immediately thereafter to hold a further enquiry against him on the allegations on which the penalty was originally imposed, the Village Administrative Officer shall be deemed to have been placed under suspension pending enquiry by the authority competent to impose the suspension from the date of original order of dismissal, removal or suspension from service and shall continue to remain under suspension until further orders of competent authority. (4) An order of suspension made under this rule may, at any time, be revoked by the authority which made the order or by any authority to which that authority is subordinate. (5) During the period of suspension, the Village Administrative Officer is not entitled to any remuneration or subsistence allowance. " ( 7 ) A plain reading of Rule 47 of the Rules would make it clear that an Officer competent to suspend a Village Administrative Officer as a measure of punishment may also place under suspension such Village Administrative Officer from service pending investigation or enquiry into grave charges. " ( 7 ) A plain reading of Rule 47 of the Rules would make it clear that an Officer competent to suspend a Village Administrative Officer as a measure of punishment may also place under suspension such Village Administrative Officer from service pending investigation or enquiry into grave charges. Such an Officer who is competent to suspend Village Administrative Officer as a measure of punishment can also place the Village Administrative Officer under suspension where a case against the Village Administrative Officer in respect of any criminal offence is under investigation or trial, if he is satisfied that the continuance in the Office of such Village Administrative Officer is detrimental to public interest. ( 8 ) WE have already referred to Rule 45 which confers jurisdiction upon the Revenue Divisional Officer to punish the Village Administrative Officers and impose the punishment of suspension, censure or fine. There cannot be any doubt whatsoever that the Revenue Divisional Officer who is authorized to award such punishment to the Village Administrative Officers is entitled to place Village Administrative Officer under suspension in purported exercise of the power under Rule 47 of the Rules. ( 9 ) LEARNED counsel for the petitioner, however, would urge that the order of punishment, if any passed by the Revenue Divisional Officer requires ratification by the competent authority and therefore, such order shall be deemed to have been passed by the appointing authority and not by the Revenue Divisional Officer. Learned counsel thus further proceeds to submit that only an appointing authority can place a Village Administrative Officer under suspension. ( 10 ) A plain reading of Rule 47 of the Rules, in our considered opinion, does not admit any such construction as is sought to be placed by the learned counsel for the petitioner. The Revenue Divisional Officer is clothed with the jurisdiction under Rule 45 of the Rules to punish the Village Administrative Officer and award punishment of suspension, censure or fine. Merely because it requires ratification by the appointing authority, it cannot be said that the power to impose punishment is not conferred upon the Revenue Divisional Officer. The power is required to be exercised only by the Revenue Divisional Officer and not by the appointing authority. Such an order awarding the punishment may require the ratification by the appointing authority. Merely because it requires ratification by the appointing authority, it cannot be said that the power to impose punishment is not conferred upon the Revenue Divisional Officer. The power is required to be exercised only by the Revenue Divisional Officer and not by the appointing authority. Such an order awarding the punishment may require the ratification by the appointing authority. Rule 47 of the Rules, if to be read without doing any violence to the language employed therein would abundantly make it clear that an Officer competent to suspend a Village Administrative Officer as a measure of punishment may also place such Village Administrative Officer under suspension from service pending enquiry into grave charges. We have already noticed that the Revenue Divisional Officer is competent to suspend a Village Administrative Officer as a measure of punishment. Therefore, the Revenue Divisional Officer is also competent to place the Village Administrative Officer under suspension pending enquiry into grave charges. Rule 47 of the Rules, in our considered opinion, does not admit any other interpretation. ( 11 ) FURTHER, no ratification as such by any other authority is required to be given effect to the order of suspension pending enquiry passed by the Revenue Divisional Officer as in the case of suspension, censure or fine imposed upon a Village Administrative Officer by the Revenue Divisional Officer as a measure of punishment in exercise of the power under Rule 45 of the Rules. We have absolutely no difficulty whatsoever to hold that the Revenue Divisional Officer is conferred with the jurisdiction to impose punishment of suspension, censure or fine on a Village Administrative Officer and such order shall come into effect after the ratification by the appointing authority. But in case of suspension pending enquiry passed by the Revenue Divisional Officer, no such ratification is necessary. ( 12 ) THE decisions referred to hereinabove upon which reliance is placed by the learned counsel for the petitioner are not the direct decisions on the question that falls for consideration. On the other hand, there is no reference to Rule 47 of the Rules in the said decisions. The question whether the Revenue Divisional Officer has any authority or jurisdiction to place a Village Administrative Officer under suspension pending enquiry is required to be adjudicated only with reference to Rule 47 of the Rules. On the other hand, there is no reference to Rule 47 of the Rules in the said decisions. The question whether the Revenue Divisional Officer has any authority or jurisdiction to place a Village Administrative Officer under suspension pending enquiry is required to be adjudicated only with reference to Rule 47 of the Rules. It is Rule 47 of the Rules which requires interpretation in order to decide as to whether the Revenue Divisional Officer has the authority in law to place a Village Administrative Officer under suspension. It is evident from the decision in Subba Rao s case (1 supra) that the learned Government Pleader appearing on behalf of the respondents therein made an attempt to sustain the order passed by the Revenue Divisional Officer placing the Village Administrative Officer under suspension with reference to some executive instructions issued in G. O Ms. No. 756, Revenue dated 5. 10. 1998 and not with reference to the power that is available to the Revenue Divisional Officer under Rule 47 of the Rules. ( 13 ) FOR the aforesaid reasons, we are of the considered opinion that the decision of the Full Bench of the Tribunal referred to hereinabove does not suffer from any error apparent on the face of the record. The Tribunal has not committed any error whatsoever in rejecting the case of the petitioner. The impugned order does not suffer from any jurisdictional errors. ( 14 ) HOWEVER in the process, the petitioner had already spent his valuable time in getting the issue decided. We are of the considered opinion that interests of justice requires that enquiry, if any initiated against the petitioner shall be completed as expeditiously as possible preferably within six weeks from the date of receipt of a copy of this order. ( 15 ) THE writ petition is accordingly disposed of with the limited relief. No order as to costs.