STATE OF ANDHRA Vs. T. RAMAYYA SURI

JUDGEMENT

(1.) THIS is an appeal against the Order of our learned brother Umamaheswaram, J., in Writ Petition No. 817 of 1952 quashing the Order of the Government dismissing the Respondent from service.

(2.) THE Respondent was an employee of the State of Madras and had put in 32 years of service. In 1947, he was Taluk Supply Officer, Vijayawada. For his alleged misconduct during that period, after making the necessary investigation through the C. I. D. the Government referred his case to the Tribunal for Disciplinary Proceedings under Rule 5 of the Madras Civil Services (Disciplinary Proceedings Tribunal) Rules, 1948. The said Tribunal framed the following four charges:

(3.) UMAMAHESWARAM , J., before whom the writ came in the first instance, held that, even on Tie facts found by the Tribunal, Charge No. 1 was not made Gut, that Charges Nos. 2 and 4 were proved and that the Government had no power .under the rules to differ from the finding of the 'Tribunal on Charge No. 3. On those findings, he quashed the Order of the Government but gave liberty to it to consider the appropriate punishment to be imposed on the Respondent by reason Of Charges NOR, 2 and 4 having been established against him. The Government preferred the above -appeal against the said order.