MOHAMMAD GHOUSE versus STATE OF ANDHRA

MOHAMMAD GHOUSE versus STATE OF ANDHRA

In view of the retrospective amendment to Rule 4 of the Andhra Civil Services (Disciplinary Proceedings Tribunal) Rules, the Tribunal has no jurisdiction for enquiries against judicial officers; suspension pending final orders is not dismissal or removal within Article 311, and the High Court had authority to impose suspension pending enquiry.

Parties
Appellant: Mohammad Ghouse; Respondent: State of Andhra
Jurisdiction
India
Judgment Date
29 November 1956
Procedural Posture
Civil Appeal / Appeal From Andhra High Court Judgment in Writ Petition No. 342 of 1954
Outcome
Appeal dismissed
Legal Topics
Judicial Officers, Disciplinary Proceedings, Suspension, Jurisdiction of High Court, Article 311, Rules Concerning Tribunals
Civil Service Law Administrative Law Constitutional Law Judicial Officers Disciplinary Proceedings Suspension Jurisdiction of High Court Article 311 +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mohammad Ghouse

Appellant

State of Andhra

Respondent

Procedural Posture

Civil Appeal / Appeal From Andhra High Court Judgment in Writ Petition No. 342 of 1954

Legal Issues

  1. 1 Whether disciplinary proceedings against a judicial officer drawing salary of Rs. 150 and above require reference to a Tribunal under amended Andhra Civil Services (Disciplinary Proceedings Tribunal) Rules, 1953
  2. 2 Whether suspension order of the High Court is without jurisdiction post-October 1, 1953
  3. 3 Whether order of suspension contravenes Article 311 of the Constitution

Ratio Decidendi

In view of the retrospective amendment to Rule 4 of the Andhra Civil Services (Disciplinary Proceedings Tribunal) Rules, the Tribunal has no jurisdiction for enquiries against judicial officers; suspension pending final orders is not dismissal or removal within Article 311, and the High Court had authority to impose suspension pending enquiry.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs