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SUJOY PAUL, NAMAVARAPU RAJESHWAR RAO
P. V. Suryanarayana – Appellant
Versus
High Court of Judicature for the State of Telangana and the State of Andhra Pradesh – Respondent
ORDER:
(Per Hon’ble Justice Sujoy Paul)
This petition filed under Article 226 of the Constitution challenges the order dated 12.09.2016, whereby punishment of removal from service was inflicted on the petitioner. The challenge is also made to the order dated 18.11.2017, whereby the review application preferred by the petitioner was dismissed.
Factual Matrix:
2. Draped in brevity, the relevant facts for adjudication of this matter are that the petitioner joined the service in judicial department at Vizianagaram District on 26.09.1982. The petitioner was selected as Court Master and Personal Secretary to the Judges in the High Court on 17.02.1995. From the month of May, 1995, the petitioner was attached with the office of Judges of High Court. However, from 17.05.1999, he was attached as Personal Secretary to another Judge, who was portfolio Judge of Vishakapatnam District. In the month of May, 2011, the petitioner was promoted as Assistant Registrar, but under the direction of the said Judge, he continued to perform his duties as Personal Secretary.
3. The case of the petitioner is that under the direction of the portfolio Judge of Vishakapatnam District, he went to Vishakapatnam Distric
In a departmental enquiry, charges based on mere suspicion without legal evidence cannot sustain disciplinary action, and the burden of proof lies with the prosecution.
The court emphasized the importance of integrity in the judiciary and the limited scope of judicial review in disciplinary matters.
The court found charge Nos.1, 3, 5 and 7 proved against the writ petitioner, a Section Officer, which were grave in nature and touching upon his integrity. The court held that the punishment of dismi....
Removal from Service - Committed irregularities - Procedure for imposing major penalties - Power of judicial review available to High Court as also to this Court under Constitution takes in its strid....
The Disciplinary Authority can order further enquiry only if serious defects exist in the initial enquiry; it cannot do so after a finding of exoneration.
No pay cannot be applied to the present facts of the case, since the petitioner did not attend to work on account of illegal order of suspension and dismissal from service, passed by the appellants h....
The court emphasized the necessity of providing all relevant documents to a charged employee to ensure a fair opportunity for defense in disciplinary proceedings.
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