DIRECTOR GENERAL, APSPF, GUNTUR.
[1]
REVISION PETITION IN R/O SRI M. RAVI BABU, EX CT-2459 OF APSPF -
CONSIDERED AND REJECTED - ORDERS.
Ref:-
1)
Proceedings of the Commandant-I, O/o the DG, APSPF,
Secunderabad vide Rc.No. APSPF/A3/PR/26/2011-15,
O.O.No.A-275/2015, Dated: 26.09.2015.
2)
Appeal Petition of the individual, dated: 16.10.2015.
3)
Appeal Proceedings of the DIG, O/o the DG, APSPF vide
Rc.No.A3/PR/26/APSPF/2011-16, O.O.No.A-26/2016,
Dated: 18.02.2016.
4)
OA No.6791 of 2015 in APAT.
5)
Revision Petition of the individual, dated: 21.01.2017.
6)
High Court of the Judicature at Hyderabad order dated
13.06.2017 in WP No. 18993/2017.
7)
Show Cause Notice vide Rc.No.APSPF/A3/PR/26/2011- 17,
Dated: 30.06.2017.
8)
Lr.No.CC.No.702/ 18/KRL/G.P.for Ser.A.P./HC, Dated:
17.04.2018 of the G.P. for Services (A.P)
9)
M. Ravi Babu Ex-Ct-2459 representation dated 17.2.2018.
Registered No. HSE-49/2016
W.No.21
AMARAVATI, TUESDAY , MAY 29, 2018
G.158
PART II - MISCELLANEOUS NOTIFICATIOSN OF INTEREST TO THE PUBLIC
--x--
NOTIFICATIONS BY HEADS OF DEPARTMENTS Etc.,
2
ANDHRA PRADESH GAZETTE, May 29, 2018
Rc.No.APSPF/A3/PR/26/2011-18, O.O.No. A-39/2018 :-, A Show Cause
Notice was issued under Rule 40 (b) of APCS (CC&A) Rules 1991 vide reference
seventh cited to submit his explanation as to why the penalty should not be
enhanced. The show cause notice cited the threat to eliminate senior officers
if not reinstated into service among others. The gist follows:
“After imposing penalty of “Compulsory retirement from Service” he
engaged in tele-conversation with a Head Constable of AP High Court and
conspired to kill the SPF senior Officers, if he was not taken on duty, setting
aside your punishment.”
“B.Anjaneyulu
Ravi, please listen one thing, if we do
(HC-1533 working at
not succeed in this., if you all agree we
High Court Hyderabad)
will stab them indiscriminately all these
bastards who ever so comes in our way.,
but this should be done 100% at any cost
M.Ravi Babu
Yes
(Ex CT-2459 CRS
Constable)
B.Anjaneyulu
If we really bom on the soil of
(HC-1533 working at
Prakasam Dist, what these bastards will do,
High Court Hyderabad)
how many days will they suffer us. If they
don’t take you all for duty, one of the
fellows among Rami Reddy gadu, DNA
Basha gadu, Sankar Rao gadu will be
khatham (eliminated).
M.Ravi Babu
Okay, you plan it first; I will speak to
(Ex CT-2459 CRS
everyone by contacting through phone. “
Constable)
(Audio tape is available in the file)
“You have circulated the above conversation record among SPF men
through social media particularly WhatsApp so as to spread disaffection among
serving members of SPF personnel.
APSPF is a disciplined armed force and spreading disaffection in such
a force using electronic means, is transgression of basic norms of code of
conduct as enscribed in CCA rules, 1991". A case was registered in Alipiri Police
Station U/s 506 IPC r/w 34 IPC in Cr.No. 115/2017, Dated: 15.05.2017.
ANDHRA PRADESH GAZETTE, May 29, 2018
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But reply to this Show Cause is still awaited.
2)
As a Head of Department (HOD) of this Armed Force, I felt that it is
necessary not to dispose off this revision petition without hearing the version of
the applicant to the contents of Show Cause Notice. Also, any hasty disposal may
endanger the lives of senior SPF officers named by the applicant (Sri
B.V.Ramireddy, Commandant, Tirupathi; Sri D.N.A.Basha, Commandant,
Rajamahendravaram Zone; Sri M.Sankar Rao, Asst. Commandant Tirupathi) in
his audio tapes to be eliminated if the applicant is not reinstated into service.
There is a clear need to balance the interests of the organization against individual
need for speedy decisions without reply.
3)
However, without replying to Show Cause Notice, the applicant moved
the High Court to issue contempt notice to comply with its order in W.P. No. 18993
of 2017 wherein the High Court asked the revision authority shall dispose the
revision petition filed by the petitioner as expeditiously as possible preferably
within a period of 4 weeks from the date of receipt of the copy of the order.
Therefore it has been decided to dispose off the revision petition without
taking into account the contents of the Show Cause Notice and purely based on
the documentary evidence on record in the file.
4)
In the reference first cited, the Commandant-I, APSPF, has awarded
Sri M. Ravi Babu, Ex CT-2459 of APSPF with a penalty of “Compulsory Retirement
from Service” with immediate effect under Rule 9 (viii) of APCS (CC&A) Rules
1991 as the following Articles of Charge were proved during the course of Oral
Enquiry: -
Article I: That the said Sri M. Ravi Babu, CT-2459, SPF, Vijayawada was
detailed for night guard duty on 10.05.2011 commencing from 20.00 Hrs 11/05/
2011 at 08.00 Hrs at Indian Bank Currency Chest, Vijayawada. But he did not
turn up for duties and unauthorizedly absented for duties w.e.f. 10.05.2011 AN
to 12.05.2011 AN. He appeared before the Inspector, SPF, Vijayawada without
shaving his beard that too in mufti having consumed liquor on 12.05.2011 at
18.00 Hrs and asked to take him for duties. He was sent to Govt. Hospital,
Vijayawada, where the Medical Officer has examined and issued certificate of
drunkenness that “the breathing smell of M. Ravi Babu, CT-2459 is alcoholic*.
Article-II: That the said Sri M. Ravi Babu, CT-2459, SPF, Vijayawada
has to attend to his duties on 13.05.2011 FN. But he did not turn up for duties
and unauthorizedly absented for duties without any intimation to his superiors
from 13.05.2011 FN to 03.06.2011. During his continuous absence he failed to
intimate his whereabouts to his superiors. Subsequently, he was placed under
suspension vide proceedings Rc.No.A3/PR/26/SPF/2011, O.O.No.A- 362/2011,
Dated: 03.06.2011 and he was revoked from suspension vide Rc.No.A3/PR/26/
SPF/2011, O.O.No.A-648/2011, Dated: 05.09.2011. On his personal appearance
he was taken to duty on 14.09.2011 FN.
5)
In fact, the individual while reporting for duty came drunk, which was
proved beyond any reasonable doubt, which was considered as a grave
misconduct in the Armed Force, as no drunken person can be assigned with the
duties with a weapon as it would be dangerous to public safety.
6)
Vide reference second cited, Sri M. Ravi Babu, Ex CT-2459 of
APSPF has submitted an appeal petition to the Appellate authority i.e. Dy.
Inspector General, APSPF which was considered and rejected as this was the
case of grave misconduct and he earned many penalties in his past service also,
vide reference third cited.
7)
Vide reference fourth cited, Sri M. Ravi Babu Ex-CT-2459 filed an
O.A. No.6791/2015 before the Hon’ble APAT, against the order passed by the
Appellate Authority Order dated 18.02.2016, which is pending for disposal.
8)
Vide reference fifth cited, Sri M. Ravi Babu, Ex CT-2459 of APSPF
has submitted a revision petition to the revision authority i.e. the Director General,
A.P. Special Protection Force.
9)
The applicant represented in the revision petition that, he had
absented for duties, as he was denied with leave in order to attend his ailing
mother. As per the records on file, he has not applied for any leave. Also the
applicant has not cross examined the inspector to show whether he indeed applied
for leave and whether it was denied. No cross examination was done, when
adequate opportunity was given. This shows that, the reason stated above is only
an afterthought.
10)
The applicant represented in the revision petition that, he was not
allowed to do duty by the Inspector, SPF, Vijayawada and he did not absent for
duties. The applicant has turned up for duties in drunken state as certified by the
Government Medical Officer. It is clearly dangerous to public safety to take
drunken persons to perform duties with Arms safe guarding crores of public
money in currency chest. Therefore, the Inspector has done his duty to
send him for medical examination and not assigned any duty. APSPF
charges Rs. 58,000/- per Constable per month towards the cost of providing
security to the bank. Any serious lapses like these will jeopardize the basic mission
of this disciplined force.
11)
The applicant represented in the revision petition that, The Doctor
without examination gave medical certificate. The Ex-CT-2459 in Proceeding-II
during the course of oral enquiry stated that, he has no wish to cross examine the
witnesses and he has no defense witness and documents. If the doctor gave
medical certificate without examining him, he might have asked the enquiry officer
to examine the medical officer, during the process of Enquiry and to cross examine
him in his defense. But he didn’t choose to do. Instead he admitted the medical
certificate as true. Therefore, this contention of petitioner is not valid.
12)
The applicant represented in the revision petition that, The Enquiry
Officer was in the cadre of Inspector and therefore he was influenced to submit
4
ANDHRA PRADESH GAZETTE, May 29, 2018
the OE report against him i.e., applicant. It is pertinent to mention here that, during
the course of Oral Enquiry the Ex-CT-2459 agreed by stating that, he has no
objection in holding the enquiry by the Inspector rank officer and also stated that
he has nothing to say before proceeding with the enquiry. So the applicant
contention cannot be relied upon.
13)
The applicant represented in the revision petition that, for 2 days
absence, the extreme punishment of Compulsory Retirement cannot be imposed.
Here it is not the question of absenting the duties for a period of two days but it a
matter of more severity that the applicant has turned up for duties in drunken state
as certified by the Government Medical Officer, besides his record of service have
been appropriately considered.
14)
The Ex-CT-2459 submitted affidavit in the Hon’ble High Court that,
the authorities issued memorandum Rc.No.A3/PR/26/SPF/2011-12 dated
29.02.2012, cancelling the charge memo dated 03.08.2011 with a direction to
issue a fresh charge memo and without issuing any charge memo after cancelling
the charge memo issued in Rc.No.A3/PR/26/SPF/2011, dated 03.10.2011, an
enquiry officer was appointed vide order dated 02.08.2014 to conduct an enquiry.
However records on file show that, an Article of Charge was framed against him
vide Rc.No.A3/PR/26/SPF/2011, Dt: 03.08.2011 for a delinquency of absenting
for duty on 10.05.201 IAN and appearing before the Inspector SPF Vijayawada
after two days i.e. 12.05.201 IAN in intoxicated condition, without shaving beard
and that too in mufti dress where the Govt. Medical Officer examined him and
certified that he was in drunken state.
15)
Consequently, he became absent for duties from the very next day
i.e. 13.05.2011FN without any intimation and since this misconduct (willful absence
from duty) was not incorporated in the above Article of Charge, it was cancelled
and a fresh article of charge was framed against him vide Rc.No.A3/PR/26/SPF/
2011-12, Dt: 29.02.2012 with two Articles. The fresh Memorandum of Charge was
served to Ex-CT-2459 and it was acknowledged by him on 11.03.2012. Later he
was issued with a reminder vide Rc.No.A3/PR/26/SPF/2011-12, Dt: 26.05.2012
to submit his explanation within seven days. Quoting the reference of the fresh
memorandum of charge, the Ex-CT 2459 M.Ravi Babu vide his letter dated
21.06.2012, requested to supply documents mentioned in the Memorandum of
Charge. Accordingly the total documents have been supplied to him. Later an
inquiry officer has been appointed for oral enquiry. So it is very clear that, the O.E
was conducted duly in accordance with the procedure laid down in CCA Rules
1991 and every reasonable opportunity was given to the applicant i.e., Ex-CT M.
Ravi Babu.
16)
The applicant in his submission dated 17.02.2018 requested to take
him on duty excusing minor mistakes, that he committed and saying that his family
needs income. I am glad that disciplinary authority has been considerate in giving
Compulsory Retirement so that the applicant can draw eligible pension, retirement
benefits including medical expense reimbursement throughout his life. However
ANDHRA PRADESH GAZETTE, May 29, 2018
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ANDHRA PRADESH GAZETTE, May 29, 2018
MADIREDDY PRATAP,
Director General,
AP Special Protection Force,
Guntur.
Date : 18-04-2018
To
M. Ravi Babu, Ex CT-2459 of APSPF R/o 4-65, Sattayapalem,
Chinaganjam Post & Mandal, Prakasam District.
the applicant chose not to put in petition for claiming the eligible pension and
other benefits even though such claims will not in any way abridge his rights in
pursuing revision / mercy petitions. Therefore this contention cannot be reasonable
ground to reinstate.
17)
In the affidavit to Hon’ble High Court, the applicant stated that
because he was an active participant in the union activities they developed grudge
against and decided to harass him for one reason or the other.
APSPF is a disciplined armed force constituted through an act of the State
of Andhra Pradesh (Act No: 25 of 1991, Dt: 23.10.1991). No union activities are
permitted among the members of this armed force under the Act There was no
union in the past, there is no union in the present and there will be no union in the
future. So his participation and consequent harassment are only figments of his
imagination.
18)
APSPF is an armed force and deploys its strength to various vital
installations on payment basis. We conduct daily Roll calls, Orderly Rooms and
Darbars periodically and issue instructions to all Constables, Head Constables
etc.., a) to attend duty in proper uniform, b) not to attend to duties in intoxicated
condition etc.., These instructions are following in APSPF from its induction.
Despite repeated instructions, Ex.CT-2459 attended to his legitimate duties without
proper turn-out, and in intoxicated condition, which is a grave misconduct in Armed
force.
19)
I have carefully considered his service record before arriving at
decision. His record shows that he has 8 punishments for various delinquencies.
Particularly, the applicant was arrested by the Prakasam district Police vide
FIR No: 82/2011, dated 30.07.2011 U/s 384-IPC & 34-IPC of
Naguluppalupadu PS, Prakasam District, for collecting money from truck
drivers by posing himself as Police misusing his uniform. He was arrested
and sent for 15 days judicial remand. The same was widely published in the
local news papers causing irreparable damage to the fair reputation of the SPF.
This clearly shows criminal inclinations on the part of this applicant.
20)
Having carefully considered all aspects of revision petition, I find the
penalty of “Compulsory Retirement from Service” is quite appropriate and just
and therefore the revision petition is rejected.