B. JOHN BUNYAN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THIS is a petition under Art. 226 of the Constitution for the issue of a Writ of Certiorari or any other direction quashing the order of dismissal of the petitioner dated 12 -1 -1956. The petitioner was a Supervisor in the service of the City Improvement Board which is under the Local Self -Government Department of the Government of Hyderabad. He has to his credit a service of twenty years.

(2.) THE Government in its counter stated in detail that on December 22, 1952 the Executive Engineer, C.I.B., inspected the section of the petitioner and found that he has neither maintained the Muster Rolls for the year 1952 -53, nor maintained the stock register of raw materials such as sand, lime, gum, jute, etc., that through his memo dated 20 -12 -1952 he sought the permission for disbursement to labour of Rs. 2,420/ -, but when the actual disbursement was made by the Executive Engineer the total amount came to only O.S. Rs. 1,785/ -; and that a number of bogus entries were also found.

(3.) LEARNED Advocate for the petitioner contends that (1) under the Civil Services (Classification, Control and Appeal) Rules which were enforced on 1st of December 1955, the enquiry and dismissal should have been made by the Superintending Engineer and not the Government in the Local Self Government Department; (2) that the effect of dismissal by the Government is to deny him the right of appeal; and (3) that there is mala fides on the part of the enquiring officers as the petitioner has made allegations against them and consequently it was contrary to the principles of natural justice that they should have made the enquiry; and (4) that the order of suspension is bad.