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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
RAVI NATH TILHARI, CHALLA GUNARANJAN
State of Ap. , Rep. by Its Prl. secretary – Appellant
Versus
S. T. Rafiuddin Junior Assistant Anoth – Respondent
JUDGMENT :
CHALLA GUNARANJAN, J.
This writ petition one in the nature of Writ of Certiorari is filed under Article 226 of the Constitution of India seeking to call for the records relating to the orders of the A.P. Administrative Tribunal passed in O.A. No.1240 of 2007, dated 26.03.2009 and quash the same as being perverse, in excess of jurisdiction and contrary to law and for a consequential direction.
2. The brief facts of the case in a nutshell are that:
The Deputy Commissioner of Commercial Taxes, Eluru, lacked jurisdiction to initiate disciplinary proceedings against the Junior Assistant, as jurisdiction lay with the Deputy Commissioner, Kakinada, ....
The disciplinary authority has jurisdiction to assess misconduct under the Prevention of Corruption Act, and judicial review by an appellate tribunal cannot substitute its findings without valid lega....
The appointing authority can serve as the disciplinary authority under the amended Grama Panchayat Act, as per the provisions of the Act and OCS Rules.
Disciplinary proceedings must adhere to procedural fairness, including the necessity of evidence and consideration of the employee's defense, to ensure just outcomes.
The power of superintendence under Article 227 of the Constitution conferred on every High Court over all courts and tribunals throughout the territories in relation to which it exercises jurisdictio....
A civil servant cannot be dismissed by an authority subordinate in rank to the authority that appointed them, reaffirming Article 311(1) of the Constitution.
The Election Commission's disciplinary authority over a Deputy Commissioner ends post-election results, rendering any subsequent directives invalid.
Point of Law : Though appointed (clearly with reference to section 4 of the Act, no function came to be entrusted to them under the Customs Act, in absence of any sub-delegation made in their favour ....
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