SAMBASIVA RAO Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India by a temporary Village Munsif to quash the order of the Government in G.O.Rt. No. 343, Revenue Department, dated 23-2-1979.

(2.) A few facts necessary to appreciate the main contention may be brierfly stated ; One Gutupalli Venkateswara Rao, third respondent herein, was the permanent Village Munsif of Goltipadu Village, Guntur Taluk, Guntur District. Disciplinary proceedings were initiated against him on charges of misappropriation on two specific charges one regarding collection of a sum of Rs. 250/- on 7-4-1969 from Smt. Popuri Annamma of Gottipadu Village towards pauper stamp duty payable in O.S. No. 30 of 1964 on the file of the Sub-Court, Guntur and the other regarding collection of sum of Rs. 1209-33p. towards land revenue and misappropriation of the same by not crediting the amount in the chitta. On enquiry, the charges were held proved and he was dismissed from service. The petitioner was appointed as a temporary Village Munsif in the said vacancy. The third respondent preferred an appeal against the said order of dismissal the Joint Collector confirmed the findings of the Revenue Divisional Officer and dismissed the appeal. The third respondent carried the matter in further appeal before the Commissioner, Land Revenue who also confirmed the findings and dismissed the appeal. Undeterred, he filed a revision to the Government. The Government under the impugned order, held that the charge relating to misappropriation of Rs. 250/- was vague and that the charge was not proved and fully established. As regards the second charge, it observed that the amount of Rs. 1209-33p. was made good and about the other lapses it noted that they were not of grave nature. As such the Government was of the view that "dismissal will be too harsh a punishment". The Government therefore set aside the orders of the Commissioner, Land Revenue and directed reinstatement of the delinquent Village Munsif treating the period during which he was out of office, as suspension. The revision petition was allowed with that direction.

(3.) As a result of the said order of the Government, the temporary Village Munsif who was appointed in the vacancy caused by the order of dismissal made by the Revenue Divisional Officer and who would be consequently ousted from his post has invoked the extraordinary jurisdiction of this court calling in question the order of the Government.