State Of Andhra Pradesh v. D.M.Raju

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE M.GANGA RAO WRI T PETI TI ON No.21714 OF 2010 ORDER: (per Hon'ble Sri Justice Sanjay Kumar) The State of Andhra Pradesh and its officials filed this writ petition assailing the order dated 08.04.2009 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad, in O.A.No.11121 of 2002 (wrongly shown as O.A.No.11121 of 2001). The said O.A. was filed by the first respondent herein assailing the punishment imposed upon him vide G.O.Rt.No.1291 dated 06.08.2002. By the order dated 08.04.2009, the Tribunal dismissed the O.A. upholding the punishment imposed. Aggrieved thereby, the first respondent filed an independent writ petition, viz., W.P.No.14965 of 2010.

Surprisingly, the present writ petition was filed by the State and its officials claiming grievance with regard to the dismissal of the O.A. We are at a loss to understand as to how the State and its officials can claim any such grievance when the order of punishment imposed by the State upon the first respondent was upheld by the Tribunal. Even more surprisingly, the State and its officials also secured interim suspension of the dismissal order dated 08.04.2009.

The aforestated facts clearly demonstrate total non-application of mind by the State and its authorities in initiating litigation before this Court.

The writ petition is accordingly dismissed.

Interim order dated 13.09.2010 shall stand vacated. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

_________________ SANJAY KUMAR,J _________________ M. GANGA RAO, J Dt: 29.08.2018 IBL