NARASIMHAM V L Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) THE petitioner who seeks the removal of the order of dismissal by the Government on certiorari, was an antismuggling deputy tahslldar, Naidupet, Nellore district, from 11 January 1952 to 3 June 1953.

(2.) AT about 3 a. m. on 2 March 1952, the petitioner found some carts carrying paddy and rice without permit, while he was on duty, on the outskirts of Palicherlapad village of Rapur taluk. It is stated that the petitioner detected this illicit transport of rice and faddy in three carts by four persons including P. W. 1 and Ramaaubba Raddi, which was an offence punishable under the Food Grains Control Order. It appears that he searched the person of Ramaaubba Reddi, seized a sum of Rs. 500 from him and retained that sum with him as illegal gratification for not taking further action against those individuals. In accordance with this understanding he did not take any steps to bring the offenders to book. When this was brought to the notice of the authorities concerned, investigation was directed to be made which showed that there was a prima facie case for proceeding against the petitioner departmentally. Thereupon, the Government referred the matter to the Tribunal for Disciplinary Proceedings.

(3.) THE tribunal framed the following two Charges: