LAWS(APH)-2002-10-36

SHAIK SAMIUDDIN Vs. DISTRICT AND SESSIONS JUDGE MEDAK

Decided On October 01, 2002
SHAIK SAMIUDDIN Appellant
V/S
DISTRICT AND SESSIONS JUDGE, MEDAK DISTRICT Respondents

JUDGEMENT

(1.) Heard Shri M. Rama Rao, learned counsel for the petitioner and Smt. M. Bhaskara Lakshmi, learned Standing Counsel for the respondents.

(2.) The Writ Petitioner was removed from service while he was working as Deputy Nazir of Munsif Magistrate Court, Siddipet by the competent authority, the 1st respondent herein, by order dated 11-2-1994 in proceedings bearing No. 1064 on certain charges. The appeal preferred by him before this Court on the administrative side was also ended in dismissal by order dated 29-7-1994 made in proceedings ROC. No. 1394/94. C Spl. (Con) of the 2nd respondent herein. Challenging the same he filed W.P.No. 19351 of 1994. By judgment dated 3-3-2000, a Division Bench of this Court modified the punishment of removal of the petitioner from service to that of compulsory retirement. Pursuant to this judgment, the 2nd respondent directed the 1st respondent vide proceedings ROC. No. 1395/94 C.SPI. (Con) dated 16-11-2000 to pass consequential orders.

(3.) In compliance with the directions above, and also in accordance with Clause (1) of Rule 39 of the A.P. Revised Pension Rules, 1980, the 1st respondent herein passed orders dated 9-1-2001, vide proceedings No. 158/1 granting gratuity to the petitioner at the rate of two-thirds admissible to him from the date of removal from service. The order of the 1st respondent was again questioned by the petitioner in his representation dated 27-3-2001 before this Court on administrative side. However, the High Court, on careful examination of the matter, rejected the representation of the petitioner and affirmed the impugned order passed by the 1st respondent.