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2001 Supreme(AP) 1260

MOTILAL B.NAIK, S.B.SINHA, V.V.S.RAO
V. Venkata Bharani – Appellant
Versus
High Court of A. P. , rep. by Registrar (Admn. ) – Respondent


S. B. SINHA, C. J.

( 1 ) HOW far and to what extent the Doctrine of Procedural Ultra Vires shall be applicable is the question involved in this reference. FACTS:

( 2 ) THE petitioner was appointed as a reader in the Copying Section of the Court of Metropolitan Sessions Judge, Hyderabad. She was subsequently promoted to the post of L. D. C. A Disciplinary Proceeding was initiated against her in relation whereto the following charges were framed on 15-12-1993:"1. When the Presiding Officer sri P. Venugopala Rao, viii Metropolitan Magistrate orally directed you to prepare and get it typed the consolidated report of the old criminal cases in which accused were absconding, you refused to prepare and get it typed the same and further stated even if a written direction is given you will tear it off and go on leave; and2. When the Presiding Officer stated that he will not grant leave for the employees who avoid work then you threatened the Presiding Officer as ". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " and thereby you exhibited gross misconduct, dereliction of duty, indiscipline, lack of sense of propriety and behaved in a manner unbecoming of a Government servant and




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