JUDGEMENT
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(1.)The petitioner was a lecturer in
the Government Ayurvedlc College, Hyderabad .
He was due to retire on
28-9-1966. But by G. O. Ms. No. 2168
dt, 17-9-1966 he was not permitted to
retire as certain charges were pending
against him. He was deemed to continue
in service. He was, however, placed
Under suspension. On 19-11-68 by G.O.
Ms.No. 2193 the Government dismissed
him from service. He filed W. P. No.
2980/69 questioning the order of dismissal.
By their judgment dt; 18-9-70 Sharfuddin Ahmed
and Vaidya JJ. allowed the
Writ petition and quashed the order of
dismissal. IE was observed by the learned
Judges that their judgment would not
preclude the Government from proceeding
against the petitioner in accordance
with law from the stage of the show
cause notice if they chose to do so. On
15-1 1-1971 the Government issued G.O.
Ms.No. 1800 directing as follows;
"The Government now direct in
supersession of the orders issued in G.O.
Ms, No. 2193 Health dt. 19-11-68 that
Dr. M. Koteswara Rao should be deemed
to have been under suspension, until
further orders. During the period of
suspension, he should be paid the same
rates of susbsistence allowance he was
drawing before."
(2.)The Director of Indian Medicines and Homeopathy should take further
action by issuing show cause notice etc.,
keeping in view the judgment of the High
Court. Action may be taken most expeditiously as the Individual is being
kept under suspension beyond the date
of retirement,"
2. On 24-10 -1972 a notice was issued to
the petitioner asking him to show cause
why tha punishment of dismissal should
not be imposed upon him. The petitioner
has filed the present application for the
issue of a writ to quash the memorandum
dt. 13-10-72 and the GO. dt 15-11-1971.
(3.)Sri M. Jagannadha Rao, learned
counsel for the petitioner contended
that the order of the Government dt,
17-9-1966 continuing the petitioner in
service and placing him under suspension
was effective only until the order of
dismisisal was passed on 19-11-68.
The judgment of High Court
quashing the order of dismissal
did not have the effect of reviving the
order dated 17-9-66. The petitioner must
therefore be considered to have retired.
He could not be proceeded against in a
disciplinary enquiry after retirement.
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