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VIGILANCE MANUAL VOLUME III - AP Online

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DECISION - 318<br />

649<br />

an election while being a member of the Service, and it is a reasonable<br />

restriction and a valid classification of the entire class of employees<br />

of the Corporation, and is within the power of the Corporation and is<br />

valid. The High Court accordingly dismissed the writ petition.<br />

(318)<br />

(A) Evidence — circumstantial<br />

(B) Evidence — standard of proof<br />

(C) Court jurisdiction<br />

Where an employee was removed from service on<br />

a charge of assembling, manufacturing and selling<br />

spurious EC TV Set clandestinely, based on the<br />

receipt issued by the employee in his own<br />

handwriting giving description of the T.V. Set and<br />

recovery of the T.V. set from residence of the<br />

purchaser, though the purchaser, who later retracted<br />

from his earlier sworn affidavit, was not examined<br />

at the inquiry, High Court held this is not a case of<br />

no evidence and High Court cannot interfere under<br />

Art. 226 of the Constitution.<br />

B. Karunakar vs. Managing Director, ECIL, Hyderabad,<br />

1989(6) SLR <strong>AP</strong> 124<br />

The petitioner, an Engineering Graduate in Electronics having<br />

secured first rank in University Examination, serving as Technical<br />

Officer (Trainee) in the Electronics Corporation of India, Hyderabad<br />

from 1-3-1978 was proceeded against in disciplinary proceedings<br />

and was removed from service.<br />

The charge against the petitioner was that he was<br />

assembling, manufacturing and selling spurious EC TV Sets<br />

clandestinely. The ball was set in motion on a complaint given by<br />

one B. Raj Kumar alleging that he had purchased an ‘Ajanta’ black<br />

and white T.V. set from the petitioner. The said Raj Kumar had not

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