K PATTABHI CHETTY Vs. GENERAL MANAGER SOUTH CENTRAL RAILWAY SECUNDERABAD
LAWS(APH)-1971-9-11
HIGH COURT OF ANDHRA PRADESH
Decided on September 14,1971

K.PATTABHI CHETTY Appellant
VERSUS
GENERAL MANAGER, SOUTH CENTRAL RAILWAY, SECUNDERABAD Respondents

JUDGEMENT

- (1.) This application by the petitioner undsr Article 226 of the Constitution of India is to quash the orders of the General Manager, South-Central Railway made in No. P (L) Con/2 dated 12th November, 1970 reverting him for a period of three years from the post of Headmaster to the next lower grade of Assistant Teacher. The material facts leading to this writ petition may briefly be stated
(2.) The petitioner joined Railway Service in the year 1944 as an Assistant Teacher and was promoted as Head master in or about 1958. He was working from 1964 to 1968 as the Head Master of Railway Mixed High School (Telugu medium) at Bitragunta in the grade of Rs. 190-425 (A.S.) on Rs. 280 per month. He is a class II non gazetted railway servant w rking in the Railway Aided School governed by the Education Rules. On the basis of the report of the Vigilance Inspector, he was suspended by an order passed by the Divisional Personnel Officer, South Central Railway, Vijayawada on 30th April, 1968 and disciplinary proceedings were initiated against him. The Divisional Personnel Officer, Vijayawada, the second respondent herein framed the following charge : "Shri K. Pattabhi Ghetty, Headmaster, Railway Mixed High School (Telugu medium), Bitragunta had during the period between 1st November, 1965 and 31st May, 1967 failed to maintain absolute integrity and thereby violated rule 3 (I) (i) of the Railway Services (Conduct) Rules, 1966." The enquiry was conducted by the Assistant Personnel Officer, South-Central Railway, Vijayawada, the third respondent herein. The allegation sought to be established against the petitioner pertains to misappropriation of funds entrusted to him in the management of the school. A report of the Enquiry Officer was submitted to the General Manager, South-Central Railway, Secunderabad, the first respondent herein. On the basis of the report, the impugned order was passed. The General Manager had given the benefit of doubt to the petitioner with regard to his responsibility for various irregularities in the financial transactions referred to in the Memorandum of charges which have been enquired into by the Enquiry Officer. But however, he considered that the petitioner was grossly negligent in the handling of the affairs of the school on the basis of the evidence on record and hence, reverted him to the next lower grade of Assistant Teacher from that of the Headmaster. Hence this writ petition.
(3.) Sri Bheemaraju, the learned Counsel appearing for the petitioner contended that the impugned order is liable to be quashed on the ground that there was no charge relating to gross negligence in handling the affairs of the school. The claim of the petitioner for the issuance of a writ as prayed for is resisted by Mr. A. Raghuvir, the learned Counsel for the respondents, contending inter alia that the impugned order is valid and justified as there is sufficient evidence on record in support of the conclusion that there was gross negligence on the part of the petitioner in handling the various funds of the school and the petitioner was afforded reasonable opportunity.;


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