K HANAMANTHA RAO Vs. ANDHRA BOARD FOR AYURVEDA AND HOMEOPATHY
LAWS(APH)-1971-3-20
HIGH COURT OF ANDHRA PRADESH
Decided on March 11,1971

K.HANAMANTHA RAO Appellant
VERSUS
ANDHRA BOARD FOR AYURVEDA AND HOMEOPATHY, REGISTRAR Respondents

JUDGEMENT

- (1.)This is an application for the issue of a writ of Mandamus directing the respondent to forbear from proceeding any further with the enquiry initiated against the petitioner by Memo, No.6788/68, The facts relevant for the purpose of appreciating the contentions raised before me are that the petitioner was originally appointed as a lower Division clerk in the office of the Registrar Andhra Board for Ayurveda and Homeopathy on 15-5-1961, He was regularised in that post with effect from 15-5-1961. He was later on promoted as Upper Division Clerk with effect from 8-2-1966. He has since then been working on that post.
(2.)While so, the petitioner was served with an order of suspension dt. 21-11-1968. He was then served with a charge sheet dt 24-1-69. The petitioner submitted his explanation on 17-3-1969. The Enquiry officer, I am told, has submitted his report. The Enquiry Officer is Sri Siva Chandra, the Ex, Officio President of the Homeopathy Board. No final orders, however, are passed by the competent authority.
(3.)The principal contention raised in the Writ petition is that the Registrar of the Board has no power to even Initiate disciplinary proceedings because the Regulations visualised by Sec.15 of the A.P. (Andhra Area) Aryurvedic and Homeopathic Medical Practitioners Registration Act, 1956 are not made. In order to appreciate the contention, it is necessary to read section 15, in so far as it is relevant.
"(1) (a) The Government shall have power to appoint a Registrar common for the Board of Ayurveda and the Board for Homeopathy. x x x. (2) (a) The Registrar, may, subject to the approval of the Board, appoint Inspectors or such other officers or servants as may be necessary for the purpose of this Act : Provided that the strength, designation pay and allowances of such staff shall be subject to the previous approval of the Government. (b) All Inspectors, officers and servants of the Board shall be under the administrative control and supervision of the Registrar who may, subject to such conditions as may be provided for in the regulations, impose on any such Inspector, officer or servant any of the following penalties namely :- (vi) Suspension"
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