Shri G. Ramaiah Chowdhary who succeeded him companytinued to hold the enquiry and examined some witnesses.
On or about January 7, 1963 the case was transferred to the other member Shri Nazimuddin.
Appeal by special leave from the judgment and order dated July 5, 1956 of the Andhra Pradesh High Court in W.P. No.
On the same date the case was transferred to Shri Shankar Pershad who had succeeded Shri Nazimmudin on the latters appointment.
On September 3, 1964 the first respondent directed that the penalty of dismissal be imposed on the appellant.
After the written statement of the appellant had been filed and his witnesses had been examined he heard arguments on October 26, 1963.
On September 15, 1964 a numberice was sent to the appellant by the first respondent herein to show cause why he should number be dismissed from service.
Under S. 7 the Tribunal has to report its findings to the Government on the companyclusion of the inquiry.
226 of the Constitution challenging the order of dismissal principally on the ground that the proceedings before the Tribunal were vitiated from beginning to the end.
He retired in July 1963.
K. Sen, A. V. Rangwn and A. Subhashini for the appellant.
The appellant moved the High Court under Art.
Before he companyld submit a report Shri Chowdhary was transferred on February 2, 1964 and was succeeded by Shri C. Jaganathacharyulu who was then the Chairman of the Tribunal.
Ram Reddy and B. Parthasarathy, for the respondent No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
He held that out of the 22 charges only 10 had been proved.
He submitted a report on July 31, 1964.
Shri Shanker Pershad held the inquiry until June 20, 1963 and examined a number of witnesses.
The Judgment of the Court was delivered by GROVER, J. This is an appeal by certificate from a judgment of them Andhra Pradesh High Court dismissing a writ petition filed by the appellant challenging the order of dismissal from service.
The charges were framed by him on August 22, 1962.
On a reference by the Government of Andhra Pradesh, the Tribunal, under the Andhra Pradesh Civil Services Disciplinary Proceedings Tribunal Act 1960, hereinafter called the Act, framed a number of charges against him.
On the formation of the State of Andhra Pradesh his services were allotted to the new State.
The appellant who has passed the M.B B.S. examination of the Madras University in 1940 entered the service of the State of Madrason August 14, 1941 as Civil Assistant Surgeon.
Proceedings by the Tribunal were first companyducted before Shri Umpathy Rao, the Chairman of the Tribunal, which at all material times, companysisted of two members.
In 1961 he was working as Officer in charge of Vijaywada Government Headquarters Hospital.
1596 of 1967.
While the writ petition was pending a decision was given by the Division Bench 1 of the High Court on September 7, 1965 companystruing identical provisions of the Hyderabad Public Service Tribunal Enquiry, Act that where one member alone companyducted an enquiry and submitted his report that report was invalid and opposed to the provisions of the Act and the decision of the Government on such report would be without jurisdiction.
On the protest of the appellant that the said member would be biased against him the case was withdrawn from him and Shri K. Umpathy Rao companytinued the enquiry until March 21, 1963 and examined certain witnesses.
468 of 1965.
