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TMI Blog2008 (2) TMI 876X X X X Extracts X X X X X X X X Extracts X X X X ..... m and other officers of the Ministry of Forests, Government of Andhra Pradesh is directed against the judgment and order dated 9.3.2005 passed by the Division Bench of the Andhra Pradesh High Court dismissing the Writ Petition No. 3817 of 2005 filed by the appellants herein. 3. The Writ Petition was filed challenging the order dated 23.11.2004 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad, in O.A. No. 1157 of 2002 allowing the same and directing that the respondent herein be reinstated in service. 4. From the materials as disclosed, it appears that the respondent herein was appointed as a "Forester" on 7.4.1994 and was posted in Section Komararam from 7.4.1994 to 24.8.1996. According to the appellants, during t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Khammam Circle, Khammam. The said authority upon going through the materials was of the view that it was a clear case of misappropriation of Government funds which entailed more punishment than had been awarded by the Divisional Forest Officer. The respondent's case was, therefore, reopened in terms of Rule 18(2) of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 and a show cause notice was issued to the respondent in terms of Rule 37(2)(v) directing him to show cause as to why he should not be removed from service. Upon considering the reply submitted by the respondent, the Conservator of Forests passed order dated 11.7.2001 dismissing the respondent from service. 6. A revision petition filed by the res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Enquiry Officer's report had not been supplied to the respondent although the same was mandatory under Rule 20 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules. It observed that even the said aspect had not been considered by the appellate authority. 9. It was also noted that although it was mandatory on the part of the Government to consult the Public Service Commission in case of passing an order of removal from service, such consultation does not appear to have taken place as the counter affidavit filed was silent in that regard. 10. On consideration of the aforesaid facts, the Tribunal concluded that the appellate authority had not exercised its independent discretion while awarding the enhanced p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dicial character should indicate some reasons as to why it accepted the findings of the lower forum, this Court held that having regard to the material which is made available to the State Government, it would be somewhat unreasonable to suggest that the State Government must record its reasons why it accepted the findings of the Tribunal. This Court went on to observe further that even while differing with the order of the lower forum, the State Government was merely required to give reasons why it differs though it was not necessary that such reasons should be detailed or elaborate. The conclusion arrived at by the Constitution Bench was that where the State Government agrees with the findings of the Tribunal which are against the delinqu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , had not been followed and as rightly pointed out both by the Tribunal as also the High Court, although the Conservator of Forests as the appellate authority was empowered to enhance the punishment awarded by the Divisional Forest Officer, he was required to deal with the response to the show cause notice with more application, instead of simply enhancing the punishment without giving any reasons therefor. He also urged that non supply of the Enquiry Officer's Report was another fatal defect under Rule 20 of the aforesaid Rules. He urged that the order of the High Court did not warrant any interference and the appeal was liable to be dismissed. 16. In support of his submissions, Mr. Ramakrishna Reddy referred to the decision of this Court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Divisional Forest Officer dealt with the matter in detail, but it was also the duty of the appellate authority to give at least some reasons for rejecting the appeal preferred by the respondent. A similar duty was cast on the revisional authority being the highest authority in the Department of Forests in the State. Unfortunately, even the revisional authority has merely indicated that the decision of the Divisional Forest Officer had been examined by the Conservator of Forests, Khammam wherein the charge of misappropriation was clearly proved. He too did not consider the defence case as made out by the respondent herein and simply endorsed the punishment of dismissal though reducing it to removal from service. 19. It is no doubt also true ..... X X X X Extracts X X X X X X X X Extracts X X X X
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