STATE OF ANDHRA PRADESH Vs. KARUMULLAH KHAN

JUDGEMENT

(1.) This is an appeal filed by the defendant-State Government against a decree passed by the learned First Additional Judge, City Civil Court, Hyderabad in favour of the plaintiff in O.S. No. 81 of 1965.

(2.) The suit was filed for a declaration that the order dismissing the plaintiff from service is illegal and for Recovery of salary and damages, etc., as consequence.

(3.) The plaintiff was employed as a Sub-Inspector of Excise. Certain irregularities were noted in his duties and a preliminary investigation Was conducted by the Superintendent of Excise, It was then found that it was a case for instituting disciplinary action against the plaintiff. The said disciplinary proceedings culminated in an order of dismissal from service. Aggrieved by the said order, the plaintiff filed an appeal to the Board of Revenue and when the appeal was dismissed, the plaintiff filed the precent suit challenging the order of dismissal on the ground that he had no reasonable opportunity as contemplated by Article 311 of the Constitution of India. The defendant-Government filed a written statement denying that there was By lack of opportunity for the plaintiff and that the proceedings were conducted according to the relevant rules and that the suit is therefore liable to be dismissed. The Court below on a consideration of the documentary evidence in the case, held that the plaintiff had no reasonable 'opportunity during the first stage as there was no enquiry conducted against him and that even at the second stage, the plaintiff was not supplied with the report of the enquiry officer. In view of this finding, the lower Court gave a declaration that the order of dismissal is illegal but the claim for salary and damages was disallowed. Aggrieved by the said decree the State Government filed the above appeal while the plaintiff filed memorandum of cross-objections as regards the salary and damages which were disallowed by the lower Court.