Andhra Pradesh High Court
Judges : S.ANANDA REDDY, S.R.NAYAK
D.Vittal - Appellant
Versus
Registrar (Administration), High Court of A.P., Hyderabad - Respondent
W.P.No.14615/94
Decided On : 06-06-02
Advocates Appeared :
Mr.J.Venugopal Rao,Smt.M.Bhaskaralakshmi
( 1 ) SRI D. Vittal, former District Munsif, Sircilla, has filed this writ petition assailing the validity and legality of the Government Order G. O. Ms. No. 455, Home (SC. S) Department, dated 14. 6. 1994 removing him from service by the Governor of Andhra Pradesh, in exercise of the powers conferred by Sub-Rule (4) of Rule 21 of the A. P. Civil Services (Classification, Control and Appeal) Rules, 1991, (for short, CCA Rules) with immediate effect, as a disciplinary measure.
( 2 ) AT the relevant point of time, the petitioner was working as District Munsif-cum-Special Magistrate, Sircilla. While he was serving as such, the High Court, vide Notification No. 100-B. Spl, dated 27. 4. 1992, transferred the petitioner as Additional District Munsif, Karimnagar. However, it seems, subsequent to the issuance of the above notification, the Registrar, Administration, High Court of A. P. on 2. 5. 1992 directed the District Judge on phone to inform the concerned officers not to give effect to the transfers ordered in the notification dated 27. 4. 1992 and await further orders from the High Court. Subsequently, the Registrar (Management) in his proceedings Roc. No. 1343/92 B. Spl. dated 26. 6. 1992 directed the learned District Judge to issue necessary instructions to the concerned judicial officers to carry out the transfers ordered in the High Court s notification dated 27. 4. 1992. This information was received by the learned District Judge on 30. 6. 1992 and on the same day the learned District Judge, in turn, issued instructions to the petitioner and Sri Balaram, District Munsif, who was posted in place of the petitioner at Sircilla, to give effect to the transfers ordered by the High Court in its notification dated 27. 4. 1992. In terms of the directions issued by the learned District Judge, Sri Balaram proceeded to Sircilla and took charge of the post on 1. 7. 1992 from the petitioner. It came to the notice of the learned District Judge that when the petitioner handed over the charge to Sri Balaram on 1. 7. 1992, he did not hand over a sum of Rs. 18,350. 00, being the case property in Cr. No. 83 of 1992 of Vemulawada Police Station. In that view of the matter and after the preliminary enquiry, the following charge, being charge No. 1 was framed against the petitioner:"charge No. 1. That a sum of Rs. 18,350. 00 in Cr. No. 83/92 of Vemulawada P. S. was kept with the charged officer after handing over charge of his office to Sri V. Balaram, Addl. Dist. Munsif, Karimnagar on 1. 7. 1992 after noon and that ultimately the said money was handed over by the charged officer to the Superintendent, District Court, Karimnagar on 10. 7. 92 FN, thereby during this interregnum period the said sum of Rs. 1350. 00 was kept with the charged officer without handing over to his successor. The charge memo containing the above charge was served on the petitioner and he filed the written statement setting out the circumstances under which he could not hand over cash of Rs. 18350. 00, being the case property in Cr. No. 83 of 1992 of Vemulawada P. S. to his successor in office on 1. 7. 1992. The contents of the written statement, to put it briefly, are as follows: On 27. 6. 1992, the petitioner suffered an intense heart attack at Sircilla and when he consulted his local Doctor, he was advised to consult a Cardiologist. Therefore, on 28. 6. 1992, he went to Nizamabad and consulted a Cardiologist, who advised him to get himself admitted into the hospital for taking ECG and also to keep him under observation for three days. But, he had to return to Sircilla and accordingly he returned to Sircilla and consulted his local Doctor, Dr. Purnachandra Rao, who took ECG and advised the petitioner to come after 48 hours i. e. , on 1. 7. 1992 for taking ECG and prescribing medicines. On 1. 7. 1992, at about 11. 30 A. M, Sri Balaram came to him with the orders from the District Judge and requested him to hand over the charge, and accordingly he handed ov
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