B BHASKARA REDDY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) In these two writ petitions, two members of the teaching professions call in question the orders of dismissal passed against them under Proviso (c) to Art. 311(2) of the Constitution of India.

(2.) The petitioner in Writ Petition No. 1267 of 1980, Shri B. Bhaskar Reddy, was a Grade I Telugu Pandit in the Government Junior College, Malakpet, Hyderabad. He was first appointed on 3-1-1966. He was arrested by the police on 18-5-1974 on a charge of conspiracy and is one of the accused in Sessions Case No. 10 of 1975 of the file of the Second Additional Metropolitan Sessions Judge at Hyderabad in what has now come to be known as "Secunderabad Conspiracy case." He is a writer and a poet in Telugu language and is well-known under the pen-name of "Charabanda Raju". He is a member of the Revolutionary Writers Association and he and several other writers who belong to that Association along with some others, in all numbering 42, are accused in the Secunderabad Conspiracy case. Immediately on his arrest, the District Educational Officer, Hyderabad City, by his proceedings dated 6-61974 placed him under suspension under Rule 13(2) of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1963 with effect from 18-5-1974. He was released on bail in the year 1975 but was immediately arrested under the provisions of the Maintenance of Internal Security Act during the Emergency. He was released only after the proclamation of Emergency was withdrawn. The District Educational Officer, by his proceedings dated 19-4-1977, then revoked the order of suspension and gave him posting as Telugu Pandit, Grade I at Boys High School, Seetaphalmandi with immediate effect. He joined duty and worked for three days when once again he was served with another proceedings of the District Educational Officer dated 22-4-1977 informing him that the earlier order of reinstatement in service and posting him are kept in abeyance until further orders. The petitioner questioned this order before the Andhra Pradesh Administrative Tribunal in R.P. No. 818 of 1977. In response to the notice issued by the Tribunal, the District Educational Officer filed a counter on 27-10-77 stating that the Deputy Inspector General of Police (Intelligence) had, in his D.O. letter dated 20-4-1977, advised him that the trial of Secunderabad Conspiracy case would take about a year for disposal and as such he should not be reinstated. The District Educational Officer further stated that, in view of the advice given by the Deputy Inspector General of Police (Intelligence), he had issued orders revoking the earlier order of reinstatement. That Representation Petition No. 818/77 is pending before the Administrative Tribunal During the period of imprisonment and suspension, the petitioner was afflicted with brain tumor and he was operated upon. Representations were being made to the Government by his well-wishers and teacher colleagues to reinstate him. The Government instead has visited him with this order of removal from service in exercise of the powers conferred on it under Proviso (c) to Art. 311(2) of the Constitution. It is averred that his writings and the writings of the other members of the Revolutionary Writers Association reflect the Marxist thought and realism, and that he has been falsely implicated in the Secunderabad Conspiracy case because of the political views which he holds and the ideology he pursues.

(3.) In the counter-affidavit filed on behalf of the respondents, it is denied that the petitioner was falsely implicated in the Secunderabad Conspiracy case. It is asserted that "he and his co-accused have been indulging in systematic propaganda through their writings and speeches inciting people and particularly the students to resort to violence to overthrow the Government by an armed revolution". He also joined hands with Naxalite cadres who were wedded to violence and who were planning murders and dacoities. It is also further asserted that the revolutionary writers have been lending their support to those Naxalite cadres with the slogan "Kalam Madi Katti Midi." The delay in the trial of the Conspiracy case is stated to be mostly due to the non-co-operation of the accused themselves and not on account of any deliberate action or inaction on the part of the Government. On bail being granted, one or the other accused has been going underground making it impossible to proceed with the trial. The case has to be separated against three of the accused for this reason so that no further time is lost. As regards the order of suspension passed against him and keeping the order of reinstatement in abeyance, it is averred that it was done because of the continued activity of the petitioner in inciting people to violence. The allegation that he was placed under suspension or dismissed from service merely with a view to eliminate political dissent is incorrect and un-sustainable. It is stated that even after his dismissal from service, he is not prevented from entertaining ideas of political dissent. It is, however, urged that the Governor acted in good faith on being satisfied that his continuance in service is not in the interest of the State, and that any enquiry in this behalf is against the interest of the internal security of the State. As such, the order passed under Proviso (c) to Art. 311(2) of the Constitution cannot be questioned. The satisfaction of the Governor is this behalf is not justiciable. The impugned order is not mala fide and is not intended to victimise the petitioner but one passed in the interest of the security of the State.