D SURYANARAYANA RAO Vs. STATE OF ANDHRA PRADESH
HIGH COURT OF ANDHRA PRADESH
STATE OF ANDHRA PRADESH
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Sriramulu, J. -
(1.) This is an application under Article 226 of the Constitution of India for the issue of a writ of certiorari to quash the G.O. Ms. No. 809, dated 9th November, 1971 by which the petitioner was dismissed from Government service.
(2.) The material facts as stated by the petitioner in his affidavit, which have led to the filing of this writ petition, may briefly be stated thus: On account of enmity between their families, Sri S. Ashok Kumar, R.D.O. at Dharmavaram, got false complaints sent against the petitioner who was then working under him as a Block Development Officer at Kalyandurg. Some members of the Samithi sent a complaint against the petitioner to the Collector, Anantapur through the Samithi President. The Collector, thereupon, Ordered the secretary of the Zilla Parishad to make an enquiry and submit a report. Without any orders that effect, Sri Ashok Kumar took upon himself to conduct the preliminary enquiry in order to grind his own axe. On the biased report of Sri Ashok Kumar, the matter was referred to the Anti Corruption Bureau. Five charges were framed and the matter was enquired into by the First Member of the Tribunal for Disciplinary Proceedings Eight witnesses were examined on behalf of the prosecution and seven on behalf of the petitioner. Several documents were also filed and relied upon by both the prosecution and the defence. By its Memo, dated 16th November, 1970 the Tribunal found that charges 1 to 3 were not proved, but charges 4 and 5 against the petitioner were proved. The Tribunal sent its report accordingly to the Government and recommended the punishment of dismissal to be imposed upon the petitioner.
(3.) The Government then issued a second notice dated 19th March, 1971 calling upon the petitioner to show cause why he should not be dismissed from service.;
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