Ray, C. J. - (1.) This appeal by special leave is against the judgment dated 3rd April, 1967 of the High Court of Andhra Pradesh.
(2.) The respondent filed this suit to set aside the order of compulsory retirement on the ground that it was illegal, wrongful, ultra vires and inoperative. The respondent alleged that the departmental enquiry was initiated by the Chief Justice and not by the Administrative Bench of the High Court which alone could do so under the Hyderabad High Court Act. The respondent alleged that he was not given a reasonable opportunity inasmuch as the report of the Enquiry Officer was submitted to the Chief Justice and not to the Administrative Bench and that the Public Service Commission was not consulted. The respondent further alleged that the Chief Justice added his own findings to the report of the Enquiry Officer while sending it to the Government and in doing so he took extraneous matters which had not been the subject-matter of the enquiry. The respondent alleged that he had no opportunity to defend himself with reference to the findings of the Chief Justice.
(3.) The High Court held that the report of the High Court took into consideration extraneous matters and thus deprived the respondent from giving a reasonable opportunity (sic). The High Court therefore, held that Article 311 (2) was violated. The High Court confirmed the decree of the trial Court but modified the order to the extent that the respondent was entitled to arrears of salary.;