MOHAMMAD GHOUSE Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is a petition for leave to file an appeal to the Supreme Court of India against the order of this Court refusing to quash the dismissal of the petitioner. After an enquiry held by the High Court of Madras into several charges against the petitioner and on the recommendation of the High Court, the Government of Andhra Pradesh dismissed the petitioner, who was at the material time holding the post of a Subordinate Judge, as the charges were held to have been substantiated. To quash that order, the petitioner invoiced the jurisdiction of this Court under Article 226 of the Constitution.

(2.) The main contention raised on behalf of the petitioner in the writ petition was that the High Court had no jurisdiction to hold the enquiry without its being initiated by the State Government. After referring to the relevant rules, namely, Rules. 11 and 17 framed under Art, 309 of the Constitution, we decided that it was quite competent for the High Court to enquiry into the charges and that it was not necessary that it should have been initiated by the State Government. Alternatively, we also found that Articles. 227 and 235 of the Constitution invested this Court with ample power to hold inquiries. Against this judgment, the petitioner wants to file an appeal to the Supreme Court and seeks leave both under Article 132 and Article 133 of the Constitution.

(3.) It is urged in support of this petition that this case attracts Article 133 (1) (b) and also Article 132 (2) of the Constitution. We do not think we can give effect to either of the two contention. Article 133. in so far as it is material for this enquiry, recites: