T LAKSHMINARASIMHACHARI GOVERNMENT OF ANDHRA PRADESH K DAVID WILSON Vs. HIGH COURT OF ANDHRA PRADESH:HIGH COURT OF ANDHRA PRADESH:HIGH COURT OF ANDHRA PRADESH

JUDGEMENT

(1.) All these appeals are against the same judgment.

(2.) The appellant- T. Lakshmi Narasimha Chari was selected for the Andhra Pradesh State Judicial Service and appointed as District Munsiff on 21-1-1974 by the Governor. He was confirmed as District Munsiff on 25-5-1979. He was then promoted temporarily to act as Subordinate Judge on 26-9-1976, in which a prima facie case was made out against the appellant. Accordingly, a regular departmental enquiry was initiated on the charges of misconduct. The allegation against the appellant was that when he was posted as Munsiff Magistrate, Hyderabad(East), he had forced a woman, who was a litigant before him, to have an illicit relationship with him; and the appellant was arrested on the night of 26-9-1976 on the complaing of that woman when the police found him with her in hotel. A criminal case was registered against the appellant under Section 5(2) of the Prevention of Corruption Act and Section 509, IPC and sanction of the State Government was sought for his prosecution. However, the Government did not accord the sanction and took the decision of not prosecuting him without even consulting the High Court. In the departmental enquiry held by the Sessions Judge, who was appointed as the enquiry officer, the charge of misconduct was found proved and the punishment of removal from service was recommended. The High Court accepted the finding and itself made an order dated 20-1-1982 removing the appellant from service.

(3.) Apparently, the Andhra Pradesh High Court took the view that the order of removal from service could be made by the High Court to make its recommendations to the Governor for issuing the order imposing the penalty of removal from service. The appellant challenged the order dated 20-1-1982 made by the High Court removing him from service in an appeal to the Governor under Rule 21(2) of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1963. By G.O. Ms. No. 534 dated 14-9-1984 of the Government of Andhra Pradesh, Home Department, that appeal was allowed by the Governor on the ground that the High Court is not the competent authority to order the dismissal or removal from service of the Subordinate Judicial Officer. The order also granted all consequential benefits to the appellant.