High Court dismissed writ appeal challenging removal from service for misappropriation of funds. Bench held that prima facie evidence existed and refused to interfere or pass interim order.
No interference with the impugned removal order; dismissal of Writ Appeal.
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THE HON’BLE SRI JUSTICE N.V.RAMANA AND THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR
W.A.No.817 of 2013
ORDER: (per the Hon’ble Sri Justice N.V.Ramana)
Aggrieved by the interim Order dated 10.04.2013 passed by the learned Single Judge in W.P.M.P.No.13356 of 2013 in W.P.No.10780 of 2013, the Writ Appeal is filed.
The petitioner in the writ petition was removed from service on the allegation of misappropriation of funds, after conducting enquiry.
Learned counsel for the appellant submits that the primary authority, who passed the order has also acted as appellate authority and made the order by reproducing the Order of the primary authority.
We have considered the arguments of the learned counsel for appellant and perused the order of the disciplinary authority and the order of the learned single Judge. Prima-facie the allegations are proved against the appellant about the misappropriation of funds. Hence, we cannot interfere with the impugned Order at this stage and no interim order can be passed.
In view of the above, the Writ Appeal is dismissed. There shall be no order as to costs.
______________________ JUSTICE N.V.RAMANA
_________________________________ JUSTICE VILAS V.AFZULPURKAR 18th June, 2013 Ksp
1 issue framed by the court
Whether the High Court can interfere with the removal order on grounds of alleged non-appellateness or prejudicial descrimination where allegations of misappropriation are prima facie proved.
2 provisions across 2 enactments
Petitioner (Writ Appeal/Appellant)
State/Respondent Authority
N.V. Ramana
Vilas V. Afzulpurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
