SOMASEKHAR Vs. HIGH COURT OF ANDHRA PRADESH

JUDGEMENT

(1.) This C.M.A. is filed against the order of the Subordinate Judge, Penukonda rejecting the plaint for presentation to the proper Court.

(2.) The appellant was working as a Lower Division Clerk in the Court of the District Munsif , Rayadurg. After conducting enquiry into an allegation that he took bribe during the period when he was working as Lower Division Clerk, the appellant was dismissed from srivce. Thereupon the appellant filed O.S.No. 28 of 1981 in the Court of the Subordinate Judge, Penukonda for a declaration that the order of dismissed was illegal and for recovery of Rs. 19,000/- towards arrears of salary with interest at 6 percent per annum and for future salary till reinstatement with interest at 6 per cent till the date of payment. Several contentions were raised in the suit that the enquiry was not conducted properly that he was not given sufficient opportunity to defend his case and the principles of natural justice are violated. On these grounds the plaintiff prayed for a declaration that the order of dismissal is illegal.

(3.) The suit was resisted by defendants 1 and 2, the High Court of A.P. and the State of Andhra Pradesh denying the various allegations made in the plaint. One of the primary contentions taken in defence was that the Civil Court has no jurisdiction to try the suit inasmuch as the question involved related to the conditions of service of a Civil Servant under the State and as such under the Presidential order it is only the Andhra Pradesh Administrative Tribunal that has jurisdiction to deal with it.