VENKOBACHARY Vs. STATE OF MYSORE

JUDGEMENT

(1.) The petitioners were working in the Revenue Department of the erstwhile State of Hyderabad and stood allotted to the new State of Mysore under the States Reorganisation. When the petitioner in WP.1663|67 was working as a Deputy Tahsildar and the petitioner in WP.1664|67 as a Clerk, a joint enquiry into their misconduct was instituted through the Vigilance Commission. After enquiry, the Vigilance Commission sent its report to the Government together with its recommendation. The Government after perusing the same and consulting the Public Service Commission imposed the penalty of compulsory retirement on the petitioner in WP.1663|67 and of dismissal of the petitioner in WP.1664|67. The writ petitions are directed against the said final order of the Government dated 5-6-1967 bearing No.RD 105 EGO 64.

(2.) Two points are raised in support of the prayer for quashing the said order. They are: (1) the enquiry should have been held under or pursuant to the Hyderabad Public Servants' (Tribunal of Inquiry) Act, 1950 and not under the Mysore Civil Services (Classification, Control and Appeal) Rules; (2) the petitioners have not been furnished with copies of the recommendation of the Vigilance Commission and of the Public Service Commission's reply upon consultations.

(3.) The Hyderabad Public Servants' (Tribunal of Inquiry) Act, 1950, was it is admitted, in force in the erstwhile State of Hyderabad on 31-10-1956 and has not yet been repealed by the Legislature of the new State of Mysore. The case of the petitioners is that so long as the said Act continues to be in force, the disciplinary or departmental enquiries in cases to which the said Act applies could only be held under or pursuant to the provisions of the said Act and that the Rules made by the Governor under the proviso to Art.309 cannot override the same.