P V SRINIVASA SASTRY Vs. COMPTROLLER AND AUDITOR GENERAL
LAWS(SC)-1992-12-22
SUPREME COURT OF INDIA
Decided on December 11,1992

P.V.SRINIVASA SASTRY Appellant
VERSUS
COMPTROLLER AND AUDITOR GENERAL OF INDIA Respondents

JUDGEMENT

N. P. Singh, J. - (1.) These appeals have been filed against the orders passed by the High Court dismissing the writ applications, filed on behalf of the three appellants, questioning the validity of their reversion from the posts of Auditors to the posts of Lower Division Clerks.
(2.) Appellants, P. V. Srinivasa Sastry and ,M. Mahadeva Setty, had been appointed as Upper Division Clerks by process of direct recruitment in the year 1963. So far the appellant P. Gangireddy is concerned, he had been appointed initially as a Lower Division Clerk. They were working as Auditors in the year 1975. Departmental proceedings were initiated against them, for having withdrawn amounts in an illegal manner in connection with Leave Travel Concession. On 30th January, 1976, final orders were passed in the aforesaid proceedings, imposing the penalty of reduction in rank, by reverting them from the posts of Auditors to the posts of Lower Division Clerks.
(3.) Mr. Ganesh, the learned counsel appearing for appellants, submitted that the disciplinary proceedings, as well as the final orders of punishment against the appellants, have been vitiated, in view of the fact that the disciplinary proceedings have been initiated by Senior Deputy Accountant General instead of the Accountant General who was the appointing authority of the appellants. According to him, the whole exercise on the part of the respondents was violative of Art. 311 of the Constitution and the appellants have been deprived of the guarantee ensured to the holders of the civil posts under the State.;


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