RAJAMALLAIAH V Vs. HIGH COURT OF ANDHRA PRADESH

JUDGEMENT

(1.) In this writ petition, the petitioner, who was serving at the relevant point of time as Deputy Nazir in the Court of the Special Judicial First Class Magistrate (Excise), Karimnagar, has assailed the validity'of the disciplinary action taken by the 2nd respondent, the District and Sessions Judge, Karimnagar, dated 01-08-1996 and order of the 1st respondent High Court of Andhra Pradesh, confirming the above order of the learned District and Sessions Judge.

(2.) Few relevant facts for the purpose of deciding this writ petition are to be noted briefly as under: The petitioner while working as Deputy Nazir in the above Court was kept under suspension by order dated 27-12-1995 and subsequently the learned. District and Sessions judge, the disciplinary authority, appointed the Additional Munsif Magistrate, Karimnagar as Enquiry Officer to hold a regular departmental enquiry after framing the charges. Accordingly, the Enquiry Officer framed a charge on 04-03-1996, which is as follows:

(3.) The Enquiry Officer on consideration of the evidence adduced in the course of enquiry recorded the finding that the charge framed against the petitioner was proved. Accordingly, he submitted his report to the learned District and Sessions Judge. The learned District and Sessions Judge; on reappreciation of the evidence and after due application of mind, passed the impugned order dated 01-08-1996, imposing the penalty of denial of. one increment with cumulative effect and treating the suspension period" of the petitioner as not on duty. Being aggrieved by the order of the learned District and Sessions Judge dated 01-08-1996 the petitioner preferred an appeal to the High Court of Andhra Pradesh on administration side. The High Court by its order dated 16-07-1997 dismissed the appeal. Hence this writ petition assailing the orders of the District and Sessions Judge as well as the High Court.