JUDGMENT :

M. Venkata Ramana, J.

1. This writ petition is filed by the petitioner for the following relief:

"........to issue an order, direction or a W.P. more particularly in the nature of writ of mandamus by declaring the action of the 1st respondent in cancelling the appointment of the petitioner as Special Judicial 2nd Class Magistrate, (Excise) Chittoor, vide Proc. No. GORT No. 244, dated 13.4.2016 and the action of the 2nd respondent vide ROC No. 3/SO-2/2014, dated 29.4.2016 as communicated in proceedings Disc. No. 6043/Estt/2016, dated 2.5.2016 of R3 and also the Disc. No. 6108, dated 4.5.2016 of 3rd respondent as arbitrary, illegal, void, unconstitutional, unsustainable being violation of Principles of Natural Justice and also Articles 14, 16 and 21 of the Constitution of India and set aside the same and consequently direct the respondents to continue the petitioner as Special Judicial Magistrate of 2nd Class, (Excise) Chittoor in terms of the order of appointment subsisting and pass such other or further orders as deemed fit and proper in the circumstances of the case."

2. The petitioner is ordinarily a resident of Gangadhar Nellore Village in Chittoor District and is a non-practising Advocate. He applied for appointment as Special Judicial Magistrate of II Class in Chittoor District, by application dated 24.8.2013. This application alongwith applications of other candidates was forwarded to the Registrar General of High Court at Hyderabad, by the then District Judge, Chittoor, by his letter dated 10.2.2014 alongwith antecedent reports furnished by the Superintendent of Police, Chittoor. Upon its consideration, High Court forwarded such material to the Secretary to the Government, Law (L.A. & J-Home Courts-C) Department, Government of A.P., Hyderabad, by its letter dated 26.3.2014, duly recommending those applicants, including the petitioner for appointment to the post of Special Judicial Magistrate of II Class in Chittoor District.

3. Pursuant to it, G.O. Rt No. 1381, Law (LA&J-Home-Courts-A) Department, dated 16.12.2014, was issued by the Government of Andhra Pradesh, after careful examination of the proposal so forwarded from the High Court, appointing the candidates who were so recommended for the above posts in Chittoor District including the petitioner, for a period of two years from the date of assuming charge of the post or till they attained the age of 65 years, whichever is earlier, on a consolidated honorarium of Rs. 10,000/- per month. This notification, alongwith the G.O. referred to above was communicated by an endorsement in Endt. Dis. No. 11085/Estt/2014, dated 23.12.2014 to all concerned including the petitioner. Pursuant thereto, powers were conferred on the petitioner by the Chief Judicial Magistrate, Chittoor by his proceedings in Dis. No. 1457, dated 31.12.2014.

4. Thereupon, the petitioner assumed charge as the Special Judicial Magistrate of II Class (for Excise), Chittoor on 2.1.2015.

5. Basing on a complaint submitted by one Sri B. Subhash Chand Jain, dated 5.10.2015 to the Registrar General, High Court at Hyderabad for the State of Telangana and the State of Andhra Pradesh, Hyderabad and others, a discrete enquiry was ordered and the Principal District and Sessions Judge, Chittoor was directed to conduct such enquiry and to submit a report in respect thereof. The essence of the complaint of Sri B. Subhash Chand Jain was that the petitioner was found guilty for an offence under Section 138 of N.I. Act, and was convicted and sentenced to undergo imprisonment for six (6) months and to pay a fine of Rs. 14,00,000/- in CC No. 281 of 2013 on the file of the Court of learned Judicial Magistrate of I Class (Prohibition and Excise Cases) Chittoor and that the petitioner was involved in several other cases in different Courts. It was further complained by him that without considering the antecedents properly, the petitioner was appointed for the above post. Principal District and Sessions Judge, Chittoor by h