O R D E R

Dt.12.05.2023 (Prashant Kumar Mishra, CJ)

The petitioner, a Senior Civil Judge (removed from service), would challenge the action of the 1st respondent, High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh, in recommending the 2nd respondent, State of Andhra Pradesh, to impose nd penalty of removal from service and thereby the 2 respondent issuing G.O.Ms.No.107 (Courts.A) Department dated 21.06.2017, imposing major penalty of removing him from judicial service, as arbitrary, illegal, in violation of Articles 14, 19(1) (g) and 21 of the Constitution of India and consequently to set aside the said G.O. and reinstate him into judicial service with all consequential benefits.

2. The petitioner was appointed as Junior Civil Judge on 16.05.1998 and promoted to the post of Senior Civil Judge on 16.12.2010. At the relevant time, when he was working as Senior Civil Judge, Mangalagiri, he was suspended on 11.08.2016, on the ground that one Kanagala Suri Babu of Makkpet village, lodged a complaint to the effect that when the petitioner was working as Senior Civil Judge, Nandigama, he was dealing with O.S.No.61 of 2008, wherein one of the parties Yedlapalli Ravi was allegedly not granted proper opportunity to prosecute the case and the petitioner imposed multiple costs besides passing stringent orders. The High Court obtained report from Principal District Judge, Krishna, Machilipatnam. The petitioner submitted a representation to the Chief Justice of the High Court on 13.11.2014, stating that before ordering warning, no opportunity was given to him. However, the representation was rejected. Thereafter, based on the report of the Principal District Judge dated 30.04.2014 and the High Court proceedings issued in order ROC No.2040/2014-VIGILANCE CELL dated 16.12.2015 communicating the articles of charges and the written statement filed by the petitioner on 11.02.2016, departmental enquiry was constituted on 29.08.2016 in ROC No.2040/2014. The enquiry was constituted on the following charges:

“ARTICLES OF CHARGE No.1:

That you Sri K. Chiranjeevulu, Senior Civil Judge, Mangalagiri, Guntur District, while working as Senior Civil Judge, Nandigama, Krishna District, during the trial in the suit in O.S.No.61/2008, filed by Sri Yadlapalli Ravi, you imposed multiple costs, at various stages, from time to time i.e., from 02-09-2011 to till its disposal on 24-04-2013, besides passing stringent steps, thus without giving neither reasonable opportunity nor ample time to prosecute the case properly by the plaintiff, acted with a prejudiced mind and vindictive towards plaintiff, which a judicial officer ought not to have done, which act of yours if proved or established would amount to grave misconduct, unbecoming of a judicial officer within the meaning of Rule 3 of A.P.C.S. (Conduct) Rules 1964.

ARTICLES OF CHARGE No.2:

That you Sri K. Chiranjeevulu, Senior Civil Judge, Mangalagiri, Guntur District, while working as Senior Civil Judge, Nandigama, Krishna District, on 17-04-2013, when Sri Yadlapali Ravi, being the plaintiff in O.S.No.61/2008, filed a petition in Ia.No.225/2013, praying the court not to pronounce the judgment in OS.No.61/2008 and transfer the case to some other court, you disposed of the said petition on the same day, holding him guilty under Section 345 Cr.P.C for the offence under Section 228 IPC and sentenced him to pay fine of Rs.200/- and in default to suffer simple imprisonment for one month and thus acted with a prejudiced mind and vindictive towards plaintiff, which a judicial officer ought not to have done, which act of yours if proved or established would amount to grave misconduct, unbecoming of a judicial officer within the meaning of Rule 3 of A.P.C.S. (Conduct) Rules 1964.

ARTICLES OF CHARGE No.3:

That you Sri K. Chiranjeevulu, Senior Civil Judge, Mangalagiri, Guntur district, while working as Senior Civil Judge, Nandigama, Krishna district, on the petition dated 22-04-2013 of S