STATE OF ANDHRA PRADESH Vs. MOHAMMED SARWAR

JUDGEMENT

(1.) This appeal arises out of a suit filed by the respondent in the Court of the Subordinate Judge, Warangal, for a declaration that the departmental enquiry pursuant to which he was dismissed from service as a police constable is "null and void" and that he should be deemed to be continuing in service ; and alternatively for recovery of damages in a sum of Rs. 10,000 alleging that his dismissal from service is illegal as the enquiry that led to it is vitiated by several irregularities besides having been conducted in violation of the principles of natural justice. This suit was resisted by the appellant who filed written statement contending that the plaintiff is not entitled to any one of the reliefs claimed in the suit as he was dismissed from service having been found guilty of charges of corruption after due and proper enquiry and that it is not correct to say that the said enquiry is vitiated for alleged violation of the principles of natural justice or other reasons. On these pleadings the following issues were set down for trial.

(2.) It is urged for the appellant that having held that the plaintiff failed to prove that the enquiry pursuant to which he was dismissed from service is vitiated for any particular reason, the Court below should have dismissed the suit in to to and that it fell into a serious error in upholding his belated contention that the enquiry and dismissal from service are bad and unsustainable simply because the enquiry was not preceded by criminal prosecution of the plaintiff in a Court of law. Besides contending that the trial Court was right in its finding that the prosecution, in a Court of law, of the plaintiff for the offences alleged against him is a condition precedent for validly initiating a departmental enquiry against him, learned Counsel for the respondent vigorously supported the decision of the trial Court with reference to the evidence which, according to him, establishes beyond a semblance of doubt that the enquiry is vitiated by several irregularities and illegalities.

(3.) The first point that, therefore, arises for consideration in this appeal is as to whether the prosecution of the plaintiff in a Court of law for the misconduct alleged against him is a condition precedent for valid initiation of departmental proceedings against him. The provision which according to the learned trial Judge, makes it obligatory to prosecute the delinquent before commencing a departmental enquiry against him, is Order 220 (5) of the Andhra Pradesh Police Manual. Tnis provision, which occurs under the heading "Departmental Enquiries in cases of fraud or embezzlement of Government money, or Criminal misconduct", is to the following effect: