G V SUBBA RAO Vs. K L NARAYANA

JUDGEMENT

(1.) Our learned brother, Chennakesava Reddy, J., allowed W.P. No. 6885 of 1973 and the aggrieved 3rd respondent therein has brought this appeal. We will refer to the parties as they were in the Writ Petition.

(2.) The dispute relates to the permanent Office of Assistant Village Karnam of Yellamanda in Guntur District. The vacancy arose on the death of the permanent incumbent. After the applications were called for to fill up the post permanently, those of the petitioner and the 3rd respondent were found to be valid since they alone were qualified candidates of all the applicants. The appointing authority viz., the Revenue Divisional Officer appointed the petitioner to the post On appeal preferred by the 3rd respondent, the personal Assistant to the lector by his order D/- 6.11.70 set aside that appointment and appointed the 3rd respondent instead. The petitioner preferred a revision to the Government having earlier withdrawn his appeal to the Board, That revision petition was allowed by the Government by its order Dated 12.8.1971 whereunder the petitioner was appointed to the post. The 3rd respondent thereupon preferred W.P. No. 3300/71 in this court which was allowed by chinnappa Reddy J on the ground that all the matters were not fully considered by the Government. In consequence, the learned Judge remitted the matte back to the Government. The question was considered again by the Government which by its Order, Dated 19.9.1973 in G.O. Rt. 1548 Revenue (H) Department affirmed to order of the personal Assistant appointing the third respondent. This time, the petitioner filed the writ petition which is now under consideration.

(3.) Chennakesava Reddy, J., allowed the petition on two grounds, that the personal Assistant had no jurisdiction to entertain and appeal, and secondly that the allegation of bias of the personal Assistant in favour of the 3rd respondent made by the writ petitioner was left unrebutted. In consequence he allowed the writ petition, and remanded the matter to the District Revenue Officer to deal with the matter afresh.