MOHAMMAD GHOUSE Vs. STATE OF ANDHRA
LAWS(APH)-1954-11-15
HIGH COURT OF ANDHRA PRADESH
Decided on November 19,1954

MOHAMMAD GHOUSE Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

- (1.) Rao, C.J. (1) This is an application under Art. 226 of the Constitution of India for a Writ of Certiorari to quash the order issued by the Registrar, High Court of Madras, and given effect to by the State of Andhra, placing the petitioner under suspension from the date of the receipt of the order.
(2.) The petitioner, Mohammed Ghouse, entered the Madras Judicial Service as a District Munsif in the year 1935 and was promoted to the Office of the Subordinate Judge in September 1949. On the formation of the Andhra State on 1.10.1953. he became a member of the Andhra State Judicial Service. The High Court of Madras took disciplinary proceedings against the petitioner on a charge of bribery. A Judge of the High Court was specially appointed to enquire into the allegations. The learned Judge conducted the enquiry at Vijayawada on 14.9.1953 and 15.9.1953 and continued the enquiry on 17.9.1953 and 18.9.1953 at Rajamundry and subsequently on 20.10.1953 at Madras. After the enquiry, the High Court issued an order placing the petitioner under suspension. The order was duly served on the petitioner on 30.1.1954. The petitioner seeks to get the order quashed on various grounds given in thepetition.
(3.) Mr. Nambiar, learned counsel for the petitioner,contended, that the High Court has no power to continue disciplinary proceedings against the petitioner after the Andhra Civil Service (Disciplinary Proceedings Tribunal) Rules (hereinafter referred to as the Andhra Rules) came into force on 1.10.1953, and that, thereafter, the said power was vested only the Tribunal for disciplinary proceedings. The learned Advocate General replied by stating that the said rules were neither intended nor had the effect of removing the pre-existing jurisdiction from the High Court and transferring it to the Tribunal and that, even if that was the effect, it would be ultra vires of the rule-making power of the Government.;


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