MOHAMMAD HYDER Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner (Mohammed Hyder, a former Hyderabad Civil Servant) prays for the issue of a writ of certiorari in relation to an order of the former Government of Hyderabad dated 13-10-1956 removing him from service with effect from 18-9-1948, the date on which he was placed under suspension, with a view, to get the said order quashed. It is further prayed that a writ of mandamus or any other appropriate writ, order or direction be made by this Court to reinstate him into office with effect from 18-9-1948.

(2.) The facts leading to the filing of this petition with the said prayers are briefly these The petitioner was appointed to the former Hyderabad Civil Service in 1937. In January, 1948 he was posted as the Talukdar of Osmanabad District. While he was serving as Talukdar, Osmanabad, he was placed under suspension on 18-9-1948 as he was accused of various grave offences in the course of his employment as Talukdar, Osmanabad. Prosecutions were launched against him in respect of the grave crimes alleged against him : viz., several murders, looting of property, arson etc. : vide Ex. P. 8, the memorandum of the Chief Secretary dated 10-1-1949, It would suffice in this context to refer to the petitioners reply to the counter-affidavit filed by the State of Andhra Pra-desh to have an idea of what followed : "Thus, of the 24 charges, the petitioner was acquitted of 14 charges, i. e., 12 Apsinga dacoity cases and one murder at Apsinga village and of the Upala Murder case by the trial court alone. Of the 10 remaining cases, the petitioner was acquitted of Yeet murder case by the High Court on merits as explained above. "There remained only 9 cases of loot in Kellari which in fact was a single case pertaining to a particular date and time and which was split up into three groups which were finally dismissed by the Supreme Court."It may be stated that prosecutions were launched in the first instance before the Special Tribunal, which was constituted under the Hyderabad Special Tribunals Regulation for the trial of these cases. The petitioner was sentenced to various terms of rigorous imprisonment for his offences. He appealed. The High Court, however, without entering into the merits disposed of the appeals on the technical ground that the constitution of the Special Tribunal was ultra vires the Constitution. The State appealed against the said decision of the High Court.The Supreme Court held that the constitution of the Special Tribunal for the trial of cases under the Hyderabad Special Tribunals Regulation No 5 of 1358 F. was intra vires the Constitution. The petitioner was interviewed by a Special Committee of the then Cabinet on 12-3-1954 with regard to the cases against him. Even so, the appeals preferred to the Supreme Court by the State were withdrawn, and the Supreme Court dismissed the appeals preferred by the State as withdrawn on 25-6-1954. We are not here called upon to enquire into the propriety or otherwise of the said withdrawals. The reference to tie said withdrawal may be noticed only as a relevant fact.

(3.) Subsequently, on 13-10-1956 the former Government of Hyderabad passed an order removing the petitioner with effect from 18-9-1948. the date when he was placed under suspension.