VIGILANCE MANUAL VOLUME III - AP Online

530 DECISION - 240
man was burnt alive, indulged in violent demonstrations at the mela
ground, attacked the police station, ransacked it and forced the wireless
operator to close down the wireless set and the situation became so
dangerous that the Judicial magistrate had to be approached at night to
get the two arrested constables released on bail, and after discussion at
a cabinet meeting, a decision was taken and the advice of the Council
of Ministers was tendered to the Governor who accepted it and issued
orders of dismissal of these persons. Some other members of these
Forces began carrying on an active propaganda against the Government
visiting various places in the State, holding secret meetings, distributing
leaflets and inciting the constabulary in these places to rise against the
administration as a body in protest against the action taken by the
Government and they were also dismissed. The Supreme Court upheld
the application of clause (c) of the second proviso Art. 311(2) of the
Constitution to these cases.
Appeal, Revision, Review :
In an appeal, revision or review by a civil servant who has
been dismissed or removed from service or reduced in rank by
applying to his case clause (a) of the second proviso or an analogous
service rule, it is not open to the civil servant to contend that he was
wrongly convicted by the criminal court. He can, however, contend
that the penalty imposed upon him is too severe or excessive or was
one not warranted by facts and circumstances of the case. If he is in
fact not the civil servant who was actually convicted on a criminal
charge, he can contend in appeal, it was a case of mistaken identity.
A civil servant who has been dismissed or removed from service or
reduced in rank applying to his case clause (b) of the second proviso
to Art. 311(2) or an analogous service rule can claim in appeal or
revision that an inquiry should be held with respect to the charges on
which such penalty has been imposed upon him unless a situation
envisaged by the second proviso is prevailing at the hearing of the
appeal or revision application. Even in such a case the hearing of
the appeal or revision application should be postponed for a