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november 1956

Supreme Court of India · 1956-11-29

MOHAMMAD GHOUSE vs STATE OF ANDHRA

Citation / case number
SC 1956/119
Court
Supreme Court of India
Petitioner
MOHAMMAD GHOUSE
Respondent
STATE OF ANDHRA
Bench
DAS, SUDHI RANJAN (CJ),BHAGWATI, NATWARLAL H.,AIYYAR, T.L. VENKATARAMA,SINHA, BHUVNESHWAR P.,DAS, S.K.

Judgment text excerpt

The Supreme Court upheld the High Court's order of suspension of the appellant, a judicial officer, pending final orders, stating that such an order does not constitute dismissal or removal under Article 311 of the Constitution of India. The Court clarified that the amendment to Rule 4 of the Andhra Civil Services (Disciplinary Proceedings Tribunal) Rules, 1953, which excluded the Tribunal's jurisdiction over judicial officers, validated the High Court's actions. The Court also affirmed the High Court's authority under Rule 13 of the Madras Civil Services (Classification, Control and Appeal) Rules to impose suspension for grave charges.

MOHAMMAD GHOUSE vs STATE OF ANDHRA · Niyam