S. VEERARAJU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) In this writ petition the petitioner who was Deputy Registrar of Co-operative Societies in the State of Andhra Pradesh seeks the issue of a writ of certioari to call for the records relating to G.O. Ms. No. 469, Planning and Co-operation (Co-op, II) Department dated 16-8-1973 dismissing him from service and to quash the same.

(2.) The petitioner was directly recruited as Deputy Registrar of Co-operative Societies in the Co-operative Service of the State of Andhra Pradesh after selection by the Andhra Pradesh Public Service Commission in 1965. He joined the said post on 5-9-1965 at Guntur. The Government of Andhra Pradesh referred certain allegations of corruption against the petitioner to the Tribunal for Disciplinary Proceedings for enquiry and report. The Tribunal framed the following four charges against the petitioner relating to the period 5th September, 1965 to 12th September, 1966 when he worked as Deputy Registrar of Co-operative Societies at Guntur.

(3.) On these charges, the petitioner submitted his explanation. Sixteen Witnesses were examined in support of the charges. The Tribunal on a consideration of the entire evidence held that the charges were proved and submitted its report to the Government. The matter was also referred to the Vigilance Commission which accepted the report of the Tribunal. Thereafter the Secretary to Government issued a provisional show cause notice through Memorandum No. 187/Co-Operation 11/69-4 dated 15-5-1969 why the punishment of dismissal should be imposed on the petitioner. As the petitioner was furnished with a copy of the report of the Vigilance Commission and the recommendations of the Tribunal, he filed Writ Petition No. 3780/1969 for quashing the said notice, and the same was quashed by this court on 10.9.1971 observing that the Government was at liberty to issue a fresh show cause notice in accordance with law. Thereafter, the Government issued a fresh show cause notice in its Memorandum No. 4562/Co.op. II/69, 41 dated 11.4.1972 to show cause why the punishment of dismissal should be imposed on the petitioner, and a copy of the report of the Tribunal, the recommendation made by the Tribunal and the report of the Vigilance Commission containing its recommendations were furnished to him.