M N DASANNA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is an appeal by certificate from a judgment of the Andhra Pradesh High Court dismissing a writ petition filed by the appellant challenging the order of dismissal from service.

(2.) The appellant who has passed the M.B.B.S. examination of the Madras University in 1940 entered the service of the State of Madras on August 14, 1941 as Civil Assistant Surgeon. On the formation of the State of Andhra Pradesh his services were allotted to the new State. In 1961 he was working as Officer-in-Charge of Vijaywada Government Headquarters Hospital.

(3.) On a reference by the Government of Andhra Pradesh, the Tribunal, under the Andhra Pradesh Civil Services (Disciplinary Proceedings) Tribunal Act 1960, hereinafter called the 'Act', framed a number of charges against him. Proceedings by the Tribunal were first conducted before Shri K. Umpathy Rao, the Chairman of the Tribunal, which at all material times, consisted of two members. The charges were framed by him on August 22, l962. On or about January 7, 1963 the case was transferred to the other member Shri Nazimuddin. On the protest of the appellant that the said member would be biased against him the case was withdrawn from him and Shri K. Umpathy Rao continued the enquiry until March 21, 1963 and examined certain witnesses. On the same date the case was transferred to Shri Shankar Pershad who had succeeded Shri Nazimmudin on the latter's appointment. Shri Shanker Pershad held the inquiry until June 20, 1963 and examined a number of witnesses. He retired in July 1963. Shri C. Ramaiah Chowdhary who succeeded him continued to hold the enquiry and examined some witnesses. After the written statement of the appellant had been filed and his witnesses had been examined he heard arguments on 26-10-1963. Before he could submit a report Shri Chowdhary was transferred on February 2, 1964 and was succeeded by Shri C. Jaganathacharyulu who was then the Chairman of the Tribunal. He submitted a report on July 31, 1964. He held that out of the 22 charges only 10 had been proved. On September 15, 1964 a notice was sent to the appellant by the first respondent herein to show cause why he should not be dismissed from service. On September 3, 1964 the first respondent directed that the penalty of dismissal be imposed on the appellant.