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2000 Supreme(SC) 1529
SUPREME COURT OF INDIA
M. JAGANNADHA RAO
K. L. NARASIMHA RAO
Vs.
State of Andhra Pradesh
Decided on SEPTEMBER 15, 2000
The central legal point established in the judgment is the requirement to consider whether a conviction involves moral turpitude as per Rule 8(1)(vi) of the A.P. Village Administrative Officers Rules, 1990, for determining eligibility for appointment.
Headnote:
Village Officer - Service Suspension and Reinstatement - A.P. Village Administrative Officers Rules, 1990 - Rule 8(1)(vi)
Fact of the Case:
The appellant, a village officer, was suspended and ultimately removed from service. He was later reinstated but not selected for fresh appointment under the 1990 Rules. The appellant appealed against the selection decision, which was dismissed by the Administrative Tribunal and the High Court.
Finding of the Court:
The court found that the Commissioner did not give any finding on whether the appellant's conviction was in respect of any offence involving moral turpitude. The court set aside the previous orders and remitted the matter to the Commissioner for reconsideration in accordance with Rule 8(1)(vi). The 5th respondent was allowed to continue pending the appeal's disposal.
Issues: The main issue was the appellant's eligibility for fresh appointment under Rule 8(1)(vi) of the A.P. Village Administrative Officers Rules, 1990, considering his previous conviction and reinstatement.
Ratio Decidendi: The court held that the Commissioner failed to consider whether the appellant's conviction involved moral turpitude, as required by Rule 8(1)(vi). The matter was remitted to the Commissioner for proper consideration.
Final Decision: The appeal was allowed, and the matter was remitted to the Commissioner for reconsideration. The 5th respondent was allowed to continue pending the appeal's disposal.
( 1 ) LEAVE granted.
( 2 ) THE appellant who was working as a village Officer before the abolition of the hereditary village offices was suspended from service in 1976 and ultimately removed on 25-12-1978. There was also a criminal case in connection with an incident in which the appellant is said to have attested a loan form which was presented by another person impersonating as one of the villagers. The loan was taken by that person from the state Bank of India. The appellant was convicted for one month rigorous imprisonment by the trial Court. But the high Court reduced the said sentence to one week. The appellant has undergone the said sentence.
( 3 ) IN the disciplinary enquiry in relation to certain other charges referred to above the appellant was removed from service on 25-12-1978 as stated above. However, it appears that later the appellant was reinstated on 14-3-1980.
( 4 ) THE Village Officers posts were abolished with effect from 6-1-1984 but the appellant was continued on the post till new recruitments were made under the 1990 Rules. When the selection took place for fresh appointment under the 1990 rules, the appellant was not selected by the Revenue Divisional Officer vide order dated 7-3-1992 while the 5th respondent was selected. The appellant filed an appeal and the appeal was allowed by the District collector on 21-8-1993. In further appeal the Commissioner set aside the said order. The appellant approached, the administrative Tribunal which dismissed his application on 2-8-99 and the said order was confirmed by the High Court on 11- 8-99 in writ petition. This appeal is filed against the said order of the High Court.
( 5 ) LEARNED senior counsel appearing for the appellant Sri V. R. Reddy has contended that the case turns upon Rule 8 of A. P. Village Administrative Officers Rules. That reads as follows :-
"8. Qualifications for appointment of village Administrative Officers :- (1) In case of erstwhile Village Officers, a person shall be eligible for the post of Village administrative Officer, if :- " ( (i) (a) he has passed the 7th class of its equivalent examination :- provided that the Ex-Village Officer who has put in less than ten years of service as on the 6/01/1984 shall be required to pass the tests as prescribed (xxx) for Category-1 (and) Category-11 of class-1. Village Officers under the Andhra pradesh (Andhra Area) Village Officers service Rules, 1969 or the Andhra Pradesh (Telangana Area) Village Officers Service officers Service Rules, 1978, within a period of one year from the date of his appointment failing which his services shall be terminated without assigning any reasons and without notice. ( (b ). . . . . . . . . . . . . . . . . . . . . (ii ). . . . . . . . . . . . . . . . . . . . . . . (iii ). . . . . . . . . . . . . . . . . . . . . . (iv) (xxx) (Explanation) :- An Ex Village Officer who is a native of any revenue village in a municipal area shall be deemed to be the native of any village/groups in that municipal area) (v ). . . . . . . . . . . . . . . . (vi) he has not been convicted by any criminal Court or punished in any department proceedings for any offence involving moral turpitude, embezzlement, tampering of records, adducing false evidence before any Court or forum thereby affecting Government interests ;
( 6 ) BEFORE the Commissioner arguments were advanced in relation to the said sub- rule (vi) of Rule 8 (1 ). The Commissioner held that in as much as there was a "conviction" by the trial court and the appellant had undergone the sentence of one week, he was disqualified and therefore his case should not be considered. It was on the basis of the said finding that the commissioner set aside the order of the district Collector and held in favour of the selection of the fifth respondent.
( 7 ) LEARNED senior counsel for the appellant Sri V. R. Reddy submitted that the commissioner did not give any finding as to whether the conviction by the Court against the appellant was in respect
