T N VENKATANATHACHARI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is an appeal against the order of Gopal Rao Ekbote, J. by which he dismissed W.P. No. 403 of 1962 for the issue of a Writ of certiorari quashing G.O, MS. No. 1097, Education Department, Government of Andhra Pradesh, dated 2oth April, 1961 and G.O. Ms. No. 3382, Education Department, Government of Andhra Pradesh, dated ist November, 1961.

(2.) The appellant filed the writ in the following circumstances: When he was serving as the Principal, Government Training College, Nellore, in 1956, certain allegations of corruption and mal-practices were made against him. The then Deputy Director of Public Instruction (Personnel) conducted a preliminary enquiry into the allegations and submitted his report to the Government. As the Government saw a prima facie case of corruption, etc., it directed an enquiry by the Tribunal for Disciplinary Proceedings. Finding him guilty of seme of the charges, the Tribunal made its recommendations. The Government considered the report of the Tribunal for Disciplinary Proceedings and its recommendation, consulted the Departmental Head, the Director of Public Instruction and came to a provisional conclusion that the Officer should be compulsorily retired from service with such pensionary benefits as might accrue to him. The Officer was given an opportunity of showing cause against the proposed punishment, and by its order G.O.Ms. 1097, Education Department, dated aoth April, 1961, the Government directed his compulsory retirement from service.

(3.) Against the said Order, the petitioner-appellant preferred an appeal as provided under the Rules which was rejected by G.O.Ms. 3382, Education Department, dated 1st November, 1961. The Writ Petition was filed on 18th April, 1962 seeking the removal of the said orders on certiorari. Ekbote, J., who heard the writ petition, saw no case for interference and dismissed the writ petition on 19th March, 1964. The present appeal is filed on 29th June, 1964 against the said order dismissing the writ petition. During the pendency of the appeal, the appellant died on 7th April, 1966 and his legal representatives, who were brought on record by the orders of the Deputy Registrar, purport to continue the appeal.