K SURYANARAYANAMURTHI Vs. SUPERINTENDING ENGINEER DOWLESHWARAM CIRCLE DOWLESH WARAM EAST GODAVARI DISTRICT

JUDGEMENT

(1.) This is an appeal from the order of our learned brother Satyanarayana Raju, J., dismissing an application made by the appellant under Article 226 of the Constitution, for the issue of a writ of certiorari or any other appropriate writ quashing the order in 4923-General, dated 1st August, 1953, passed against the appellant by the 1st respondent, a Superintending Engineer, Dowleshwaram Circle, Dowleshwaram.

(2.) The appellant alleged that he was regularly appointed as an Irrigation Conservancy Subordinate, II Grade, in January, 1945 and became an approved probationer in that category of the Engineering Subordinate Service from ist December, 1946. On that date, he was promoted as Emergency Draughtsman and on 6th December, 1949, he was promoted as Emergency Overseer. But on 1st August, 1953, while he was holding an appointment as Emergency Overseer, he was reverted as Irrigation Conservancy Subordinate, II Grade, by the following order in No. 4923-General of the 1st respondent:

(3.) The appellant's contention is that he has been reduced in rank by this order, without having been given a reasonable opportunity of showing cause against the action proposed to be taken against him, which is in violation of the provisions of Article 311 (2) of the Constitution. Admittedly, the appellant was promoted under the emergency provisions of the rules. The relevant rule is Rule 39 of the State and Subordinate Service Rules, which runs as follows :