Andhra Pradesh High Court
Judges : S.ANANDA REDDY, S.R.NAYAK
Puwula Venkata Satyanarayana Murthy - Appellant
Versus
Government Of A.P. - Respondent
Decided On : 04-16-01
Constitution of India - Article 226 – Andhra Pradesh Gaming act - Section 9 (1) - Appeal against conviction – Criminal Procedure Code,1973 - Sections 70 (2), 437, 353, Section 320 (2) and (8), section 167 (2) (c) (i) and 317 – Indian Penal Code,1860 - Section 324 – Offence of attacking by weapons - Petitioner while serving as II Additional District munsif was dismissed from service after holding a departmental enquiry against him - Charges framed against the petitioner are the following: charse while work were convicted and sentenced by you to pay a fine each in default to suffer simple imprisonment for a period each - Whereas in similar cases under section Gaming Act which were disposed of by you amount seized was only and on the admission made by the accused - Imprisonment for the amount seized and on the admission made by the accused, you convicted them on and sentenced them to suffer simple imprisonment for days you let off the accused in STC by imposing a nominal fine of for each accused in a sensational - High Court which is the disciplinary authority on consideration of the findings recorded by the Enquiry Officer and after due application of mind, in its meeting held subject Explanation and also further explanation submitted – Held, Represented to them that the charged officer married her in a temple while he was studying and she is interested in joining the charged officer as she is the wife and the charged officer is living with another woman instead of taking her to his house was unchallenged. If really P. Kamala was not married to the charged officer prior to the present wife of the charged officer there is no need for to claim the status of the wife of the charged officer and to inform that she also lived with the charged officer at while the charged officer worked there has Judicial Officer and nothing was elicited from their cross-examination to discredit their evidence on the said aspects - Enquiry Officer has given cogent and acceptable reasons for his conclusion, and the finding recorded by him on charge – Court do not find any substantive ground to interfere with the impugned - Petition fails and it is accordingly dismissed.
( 1 ) THE petitioner while serving as II Additional District munsif, Kovvur, West Godavari District, was dismissed from service after holding a departmental enquiry against him. The charges framed against the petitioner are the following: charse No. 1: That you Sri P. V. Satyanarayanmurthy, while working as ii Addl. District Munsif, Kovvur, West godavari District disposed off STC no. 589/96 on 8-7-1996 which was filed under Section 9 (1) of the A. P. Gaming act, in which the accused are 46 in number and the amount seized in that case was Rs. 1,03,000/- and they admitted the offence and they were convicted and sentenced by you to pay a fine of rs. 300/- each in default to suffer simple imprisonment for a period of 30 days each. Whereas in similar cases under section 9 (1) of A. P. Gaming Act, which were disposed of by you i. e. , in STC no. 584/96, the amount seized was only rs. 156/- and on the admission made by the accused, you convicted them on 5-7-1996 and sentenced them to suffer simple imprisonment for 15 days; in STC. No. 597/96, the amount seized was rs. 7,437/- and on the admission made by the accused, you convicted them on 16-7-1996 and sentenced them to suffer simple imprisonment for 15 days; in stc 604/96 the amount seized was rs. 275/- and on the admission made by the accused, you convicted them on 23-7-1996 and sentenced them to suffer simple imprisonment for 15 days; in STC no. 625/96, the amount seized was rs. 215/- and on the admission made by the accused, you convicted them on 20-8-1996 and sentenced them to suffer simple imprisonment for 15 days; in STC no. 642/96, the amount seized was rs. 170/- and on the admission made by the accused, you convicted them on 6-9-1996 and sentenced them to suffer simple imprisonment for 30 days; in stc No. 712/96, the amount seized was rs. 25/- and on the admission made by the accused, you convicted him on 28-10-1996 and sentenced him to suffer simple imprisonment for 30 days, and in stc No. 742/96 the amount seized was rs. 90/- and on the admission made by the accused, you convicted them on 3-12-1996 and sentenced them to suffer simple imprisonment for 30 days. Thus, you let off the accused in STC No. 589/ 96 by imposing a nominal fine of Rs. 300/- for each accused in a sensational case without assigning any reason, wherein big persons are the accused, contrary to imposing of imprisonment as in the other cases referred to above and that you have imposed only fine in that case by the influence of Konduri Gangaraju for some extraneous consideration and thus minconducted yourself and thereby you are guilty of misconduct and contravention of Rule 3 of A. P. Civil services (Conduct) Rules, 1974. Charge No. 2: That you were given a motor cycle for imposing a fine only in stc No. 589/96 under Section 9 (1) of a. P. Gaming Act contrary to the sentence of imprisonment imposed to the accused in similar cases under Section 9 (1) of a. P. Gaming Act which were disposed of by you in STC No. 584/96, 497/96, 604/96, 625/96, 642/96, 712/96 and 742/ 96 and thus misconducted yourself and thereby you are guilty of misconduct and contravention of Rule 3 of A. P. Civil services (Conduct) Rules, 1964. Amended Charge No. 3: That you are in the habit of dismissing the petitions filed under Section 70 (2) Cr. PC for recalling nbws pending against the accused and remanding the accused to judicial custody without granting bail on the same day, in which the bail applications were filed and you have dismissed the petition in Crl. MP No. 6324/96 in CC no. 171/91 on 18-9-1996 which was filed under Section 70 (2) Cr. PC and dismissed the petition in Crl. MP No. 6341/96 in cc No. 171/91 on 19-9-1996 which was filed under Section 437 Cr. PC for grant of bail, but contrary to that in a batch of stcs ie. , STC Nos. 442/93 to 512/93, even though NBWs were pending against the accused since a long time, you granted bail on the same day in which bail applications were filed and you were paid Rs. 10
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