SUBBA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THE petitioner is N. Subba Rao. He was formerly a prohibition sub-inspector. While he was working in that capacity, the Deputy Commissioner of Excise (Prohibition) framed charges against him and passed an order dated 21 May 1955 dismissing him petitioner; from service. The petitioner filed an appeal to the Commiser of Excise and Prohibi tion, Andhra State. The latter passed an order dated 12 March 1956 reducing the punishment to one of compulsory retirement from service. The petitioner feels aggrieved with that order and prays that this Court may be pleased to issue a writ of certiorari or any other appropriate writ or direction in this behalf, call for the records from the office of the Deputy Commissioner of Prohibition, Guntur, and quash the order passed by the latter; in R. C. No. 7053 of 1954 H. , dated 21 October 1955, and pass such other or further orders as this Hon'ble Court deems fit.

(2.) THE relevant facts of the case, as disclosed in the affidavit filed in support of the petition, are as follows.

(3.) THE inspector of Excise and Prohibition, intelligence Bureau, made a report to the Deputy Commissioner of Prohibition (the respondent 2) that, on 20 and 22 May 1954, no prohibition sub-inspector was present in the Sub-Magistrate's Court at Alamur to conduct the prosecution with the result that the witnesses, who attended the Court on 20 May 1954 represented to the Court that they were in an embarrassed position in the absence of the prosecutor and that on 22 May 1954 the sub-inspector, Mandapet, did not attend the Court to conduct prosecution either in his cases or bureau cases. Thereupon, the respondent 2 started departmental disciplinary proceedings against the petitioner. The respondent 2 framed two charges against the petitioner as follows: