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 On the protest of the appellant that the said member would be biased against him the case was withdrawn from