CHILLAKANTI LAKSHMI NARASIMHA RAO Vs. SUB COLLECTOR VIJAYAWADA

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India, for the issue of a writ of certiorari quashing the order of the Sub-Collector, Vijayawada, dismissing the petitioner from service, which order was confirmed by the District Collector, Krishna, and the Board of Revenue, Andhra Pradesh.

(2.) In order to appreciate the contentions advanced on behalf of the petitioner, it is necessary to state the facts leading up to the present petition. At the material time, the petitioner was the hereditary karnam of a group of villages, called Munagacherla and Thotacherla in Nandigama Taluk of Krishna District. It appears that certain villagers of Munagacherla sent up a petition to the Collector of Krishna alleging that the Tahsildrr, Taluk Head Accountant, Special Revenue Inspector and a clerk in the Taluk office at Nandigama, collected some bribe from certain ryots in connection with the grant of lands for land improvement and also agricultural loans and that village officials (the petitioner and another) received illegal gratification. After due enquiry, proceedings were taken against those officials before the Tribunal for Disciplinary Proceedings, Madras, in Departmental Enquiries Nos. 23 to 27 of 1952. During the period the proceedings were pending before the Tribunal, the petitioner was kept under suspension. The statements of certain ryots were recorded by the Tribunal in the enquiry against the officials. Eventually in its report dated 13th October, 1952, the Tribunal held the Tahsildar and three other officials guilty of the charge framed against them and recommended that they should be dismissed from service. Before final orders were passed by the Government, the Head Accountant died, and after following the prescribed procedure, the Government in its order dated 28th December, 1954, dismissed the Tahsildar, Special Revenue Inspector and the clerk from service.

(3.) In and by the same order, the Government directed the Collector to take suitable action against the village officers concerned. Pursuant thereto, the SubCollector framed a charge against the two karnams (one of whom is the petitioner) and by his order dated 22nd April, 1955, dismissed the petitioner from service. The petitioner unsuccessfully preferred an appeal to the Collector of Krishna and a further appeal to the Board of Revenue, Andhra Pradesh. Having exhausted his remedies, he has invoked the jurisdiction of this Court under Article 226 of the Constitution for setting aside those orders.