MOHANA RAO G Vs. STATE GOVERNMENT OF ANDHRA

JUDGEMENT

(1.) THIS is a petition, under Art. 226 of the Constitution, for the issue of a writ of certiorari to quash the orders of the District Magistrate (Judicial), Visakhapatnam, dated 5 May, 1953, removing the petitioner from service and the order of the Registrar of the High Court, dated 14 September 1954, rejecting his appeal.

(2.) THE petitioner is now aged about 40 years. He was selected by the Madras Public Service Commission in the year 1941 for appointment as a lower division clerk in the Madras Ministerial and Judicial Subordinate Services. Between the years 1941 and 1953 he had a vicissitudinous career. During these years he had transient periods of employment in various departments of Government in the Visakhapatnam district. His resilience and pertinacity in securing jobs were only equalled by the want of due care and caution on the part of the authorities who appointed him to another post no sooner than he was ousted from one. The period of the war and its aftermath were perhaps responsible for this unusual state of affairs.

(3.) A brief outline of his official career is given below. He jointed the office of the Superintendent, Central Jail, Visakhapatnam, on 12 July, 1941, as a lower division clerk and continued in that post till 3 November, 1941. As he had meanwhile elected to serve in the Judicial Subordinate Service, his name was deleted from the Ministerial Service in the Proceedings of the District Collector, No. 73/41-A3 dated 6 November, 1941. He then joined the Judicial Department. Shortly thereafter his probation was terminated by the District Munsif of Chodavaram on some grave charges. He appealed to the High Court against the order of the District Munsif but it was rejected on 12 October, 1944. On 22 December, 1944 he was appointed as a temporary lower division clerk by the Tahsildar, Visakhapatnam, and posted to the office of the Special Officer for Rice, Visakhapatnam. Later he was transferred to the Taluk Office, Pathapatnam, as a temporary lower division clerk which job he resigned. His temporary service was thereupon terminated with effect from 21 July, 1949. On 30 December, 1950, he applied to the District Collector, Visakhapatnam, for being appointed as a temporary clerk. The District Collector sent his petition to the District Magistrate (Judicial), Visakhapatnam (hereinafter referred to as "the Magistrate" ). On 3 January 1951 he was temporarily appointed to act as a lower division clerk in the office of the Magistrate. On 15 March, 1951 he was promoted as upper division clerk and posted as head clerk in the office of the Magistrate. On 31 December 1952, the Magistrate placed the petitioner under suspension with effect from 1 January, 1953 until further orders. Several charges were then framed against the petitioner, including: