KODAVANTI BASAVA RAJU Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The Petitioner is one and the same in both the writ petitions, the subject-matter is connected and as such, the writ petitions are being decided by this common order.

(2.) W.P. No. 10110 of 2010 has been filed seeking writ of mandamus declaring the action of the Registrar (Vigilance), High Court of Andhra Pradesh, Hyderabad, in keeping the Petitioner under deemed and continued suspension service retrospectively from 12-4-2003, even though reinstated into service after acquittal by the Hon'ble High Court, as illegal and arbitrary. W.P. No. 10111 of 2010 has been filed challenging the action of the said Registrar (Vigilance) in issuing a charge-sheet vide his order ROC No. 513/1996-Vigilance Cell, dated 19-3-2009.

(3.) The details necessary for deciding the cases are that the Petitioner was selected as District Munsif by Andhra Pradesh Public Service Commission and he joined the service on 08-10-1985 and in March, 1992, he was promoted as Subordinate Judge and was initially posted at Miryalaguda, Nalgonda district and thereafter at Narsapuram, West Godavari district. It was alleged that the Petitioner while working as Subordinate Judge, Narsapuram, had promised Smt. N. Nagamma, the then Steno-typist working at Subordinate Court, Narsapuram, to many her and induced her to have sexual intercourse even after the Petitioner's transfer to Visakhapatnam and when she visited Visakhapatnam to meet the Petitioner in his office chambers, she was asked to come to his residence and at his residence, the Petitioner's wife insulted and abused Smt. N. Nagamma and unable to bear the cheating and insults, she swallowed sleeping pills with a view to commit suicide and further, she was treated in K.G. Hospital and her oral statement was recorded by the police concerned in Visakhapatnam city and a case in Crime No. 138 of 1996 was registered for the offences under Section 376 and 417 of Indian Penal Code basing on the allegation that the Petitioner had carried on cohabitation with N. Nagamma, the then Steno-typist working in Subordinate Court, Narsapur, West Godavari district, with an inducement to marry her.