Judgment

GROVER, J.:- This is an appeal by certificate from a judgment of the Andhra Pradesh High Court dismissing a writ petition filed by the appellant challenging the order of dismissal from service.

2. The appellant who has passed the M.B.B.S. examination of the Madras University in 1940 entered the service of the State of Madras on August 14, 1941 as Civil Assistant Surgeon. On the formation of the State of Andhra Pradesh his services were allotted to the new State. In 1961 he was working as Officer-in-Charge of Vijaywada Government Headquarters Hospital.

3. On a reference by the Government of Andhra Pradesh, the Tribunal, under the Andhra Pradesh Civil Services (Disciplinary Proceedings) Tribunal Act 1960, hereinafter called the Act , framed a number of charges against him. Proceedings by the Tribunal were first conducted before Shri K. Umpathy Rao, the Chairman of the Tribunal, which at all material times, consisted of two members. The charges were framed by him on August 22, l962. On or about January 7, 1963 the case was transferred to the other member Shri Nazimuddin. On the protest of the appellant that the said member would be biased against him the case was withdrawn from him and Shri K. Umpathy Rao continued the enquiry until March 21, 1963 and examined certain witnesses. On the same date the case was transferred to Shri Shankar Pershad who had succeeded Shri Nazimmudin on the latter s appointment. Shri Shanker Pershad held the inquiry until June 20, 1963 and examined a number of witnesses. He retired in July 1963. Shri C. Ramaiah Chowdhary who succeeded him continued to hold the enquiry and examined some witnesses. After the written statement of the appellant had been filed and his witnesses had been examined he heard arguments on 26-10-1963. Before he could submit a report Shri Chowdhary was transferred on February 2, 1964 and was succeeded by Shri C. Jaganathacharyulu who was then the Chairman of the Tribunal. He submitted a report on July 31, 1964. He held that out of the 22 charges only 10 had been proved. On September 15, 1964 a notice was sent to the appellant by the first respondent herein to show cause why he should not be dismissed from service. On September 3, 1964 the first respondent directed that the penalty of dismissal be imposed on the appellant.

4. The appellant moved the High Court under Article 226 of the Constitution challenging the order of dismissal principally on the ground that the proceedings before the Tribunal were vitiated from beginning to the end. While the writ petition was pending a decision was given by the Division Bench of the High Court on September 7, 1965, C. K. Doraiswamy Naidu v. State of Andhra Pradesh, ILR (1967) Andh Pra 904 construing identical provisions of the Hyderabad Public Service (Tribunal) Enquiry Act that where one member alone conducted an enquiry and submitted his report that report was invalid and opposed to the provisions of the Act and the decision of the Government on such report would be without jurisdiction. It is claimed on behalf of the appellant that in accordance with that decision the writ petition would have been allowed but for an amendment which was made in Section 7 of the Act by adding a proviso which may be noticed.

"7. On the conclusion of an inquiry, the Tribunal shall report its findings to the Government............... Provided that where a single member of the Tribunal holds an inquiry into a case as provided in sub-section (1) of Section 6, he alone shall report his findings and recommend the penalties and his report to the Government in this regard shall be deemed to be the report of the Tribunal for the purposes of this Act".

The appellant submitted to the High Court that the amendment did not make any difference and affect the merits of the case in any manner but the High Court negatived his contention and dismissed the writ petition.

5. We shall presently consider the contentions that have been pressed before us on behalf of the appellant