Order
1. Having regard to the issues involved we would like to briefly indicate the reasons for the conclusions that we have arrived at the end of the elaborate hearing that has taken place.
2. Two sets of charges were levelled against Respondent 1, a Judicial Officer of the State of Andhra Pradesh:
2.1. The first (Charges 2, 3, 4 and 9 of the Articles of Charges dated 19-10-2006) pertain to the performance and conduct of the Judicial Officer while serving in Bapatla in Guntur District of Andhra Pradesh. The same, inter alia, relate to her not sitting on the Bench on time and not dictating the judgments to the stenographer and further only pronouncing the operative part of the order without assigning reasons.
2.2. The second set of charges pertain to the tenure of the Officer in Warangal. Specifically the charge levelled against the Officer was that she had demanded a bribe of Rs 20,000 (Rupees twenty thousand) for extending an interim order of injunction and had, in fact, detained the person from whom such bribe was demanded in her chamber on 27-11-2007. The said person happens to be an advocate and the case in question i.e. OS No. 593 of 2007 pertains to her father who was the plaintiff therein.
3. Both sets of charges were separately enquired into in the course of two separate departmental enquiries. On the basis of the evidence of the witnesses recorded and other materials, the enquiry officer(s) returned a finding of guilt. The reports of the enquiry officers were considered by the Administrative Committee and then by the Full Court of the Andhra Pradesh High Court whereafter a decision 2014 SCC OnLine AP 1130 was taken to impose the punishment of dismissal from service.
4. The High Court hearing the writ petition filed by Respondent 1 took note of the entire evidence on record and after a detailed analysis of the same came to the conclusion that the present was a case of no evidence. Accordingly, interference was made. Aggrieved, the High Court of Andhra Pradesh, on the administrative side, is before this Court seeking leave to appeal against the said order.
5. We have read and considered the very elaborate judgment of the High Court and have gone through the reasoning as well as the analysis of the evidence made by the High Court in the order under challenge. Insofar as the first set of charges is concerned, PWs 1 and 7 who had filed the complaints leading to the initiation of the charges had not supported the case levelled against Respondent 1-writ petitioner. In fact, the said witnesses had disowned their signatures in the complaints. PWs 4 and 5 (Advocates' clerks), PW 8 (Stenotypist), PW 9 (Copyist) and PWs 10 to 13 (Senior Assistants and Junior Assistants of the Court of Senior Civil Judge, Bapatla) who were examined in support of the first set of charges had clearly stated that the respondent-writ petitioner used to attend the Court on time and was prompt in discharging her duties. The evidence on record further discloses that the stenotypist who was examined as PW 8 had denied that the Officer did not dictate the judgments. The High Court also took note of the fact, though in a different context, that during the period from 1-12-2005 to 31-5-2006 and from 1-6-2006 to 30-11-2006 the work of the Officer was found to be satisfactory and average, respectively by the High Court. This was both qualitatively and quantitatively.
6. Insofar as the second set of charges levelled against the Officer is concerned, it is worthwhile to notice that according to PW 1 who had levelled the charge of demand of bribe and had filed the complaint leading to the initiation of the departmental proceeding in question, the demand of bribe was made on 16-11-2007. The said demand of bribe was to be paid on or before 22-11-2007 when the injunction matter was due to come up before the Officer for further consideration. Surprisingly, no contemporaneous complaint in this regard was lodged by PW 1. In fact, PW 1 in her evidence herself had stated that on 22-11-2007 she was ready to pay the amount but the Officer had extended the interim order until the next date i.e. 27-11-2007.
7. The materials on record would go to show that though the District Judge had intervened in the matter on 22-11-2007, even before such intervention the Officer had extended the interim order until the next date i.e. 27-11-2007. PW 10 who was an attender in the Office of the charged Officer had categorically deposed that on none of the dates in question PW 1 had visited the chamber of the Officer. That apart, the materials on record also would go to show that on 16-11-2007 i.e. the date on which the demand for bribe was allegedly made, the Officer soon after finishing the court work, had left to attend a Legal Literacy Camp. In fact, injunction was granted on that day itself. PW 10 has been categorical in stating that PW 1 the complainant had not visited the Officer on the said date or as already noted on any other date. That apart, the evidence on record would establish that the Officer herself had written to the District Judge to transfer the case from her court.
8. On a totality of these materials, the High Court in the exercise of writ jurisdiction had thought it proper to interfere with the punishment imposed. While doing so, the High Court was fully aware of highly constricted jurisdiction available to it under Article 226 of the Constitution to interfere with an order of punishment passed after holding of a departmental proceeding. Narrow and limited though it may be it has to be acknowledged that the jurisdiction under Article 226 of the Constitution would permit interference by the High Court in respect of findings of the enquiry officer and the conclusions of the disciplinary authority arrived at on that basis in cases where the weight of the evidence is opposed to the conclusions recorded rendering the same ex facie erroneous or perverse. This is precisely what had happened in the present case.
9. For the aforesaid reasons, we are of the view that the present is not a fit case for grant of leave to appeal. The special leave petition, therefore, is dismissed.
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