N L SASTRY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India for the issue of a writ of certiorari to quash the order passed by the respondent in G.O. Ms. No. 2310, Public Works Department, dated 20th September, 1965 and to declare that the petitioner should be treated as in regular service with all its incidental benefits, under the following circumstances: The petitioner who is a. Mechanical and Electrical Engineer and an Associate Member of the Institute of Engineers of India, was appointed at Vijayawada in the year 1953 when he had already experience for seven years of service in Madras and other places. It is stated by the petitioner that in September, 1953 he put forth his claims for promotion and as a result of his appeals his superior officers became prejudiced and made several attempts to somehow or other give him trouble.

(2.) It is, however, not necessary to give the various details of what happened uptill 1955 as it is sufficient to state that certain charges were framed against the petitioner by the Superintending Engineer on 4th November, 1955. On a perusal of the charges, it will be noted that they, are of a trivial nature. On 30th November, 1955, an order of suspension was passed suspending the petitioner as from 10th May, 1955, pending enquiry into the charges. In response to the notice of charges served upon the petitioner, he submitted a written explanation dated 1st September, 1956 denying the truth of the charges and asking for an oral enquiry to be conducted. The correspondence shows that the petitioner was sending a number of reminders to the authorities to conduct the enquiry and that he cannot be put under suspension indefinitely.

(3.) But there was no reply to any of these letters. On One occasion, when the petitioner sent a notice through a lawyer, the authorities replied stating that such notices issued by others on behalf of the petitioners will not be recognised.