The District Collector, v. Sri Suvvari Suri,

HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY AND HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD WRIT PETITION No.19371 of 2004 Date: 17.08.2017 Between :

The District Collector, Srikakulam and another.

... Petitioners And Sri Suvvari Suri ... Respondent COUNSEL FOR PETITIONERS : G.P. for Services-II COUNSEL FOR THE RESPONDENT : None appeared THE COURT MADE THE FOLLOWING:

ORDER : (per Hon'ble Sri Justice C.V. Nagarjuna Reddy) The State, represented by its District Collector, Srikakulam District, and the Deputy Director of Social Welfare, Srikakulam, has filed this writ petition feeling aggrieved by the order dated 22.01.2003 in O.A.No.6660 of 1997 passed by the A.P. Administrative Tribunal, Hyderabad (for brevity "the Tribunal").

2.

The respondent was appointed as a Cook at Government S.C. Boys Hostel, Ranastalam, Srikakulam District. In the year 1988, when his services were terminated, the respondent has filed I.D.No.58 of 1989 before the Labour Court, Visakhapatnam, which was allowed in his favour on 26.12.1992. In pursuance of the said order in the I.D., the respondent was reinstated into service with full back-wages. The said order was confirmed by this Court in W.P.No.15298 of 1993. The services of the respondent once again came to be terminated by petitioner No.1 - District Collector, Srikakulam District, vide proceedings dated 29.05.1997 on the ground that he was involved in Crime No.241 of 1996 of J.R. Puram Police Station, which was registered on a report given by the alleged victim stating that the respondent has caused injury to him. However, the Superintendent of Police, Srikakulam District, has filed a report before the jurisdictional Court reporting that the offence alleged against the respondent does not fall within the purview of Scheduled Caste and Scheduled

Tribes (Prevention of Atrocities) Act, 1989 and accordingly, the said criminal case ended in a compromise on 29.03.1997. 3.

The Tribunal, having taken into consideration the aforementioned facts, by the impugned order dated 22.01.2003 allowed the O.A., opining that as no criminal case was pending by the date of termination of the services of the respondent, there was no valid reason or ground for petitioner No.1 to terminate his services by forming an opinion that he has committed atrocity on a Scheduled Caste person. 4.

On a careful consideration of the reasons assigned by the Tribunal in the impugned order dated 22.01.2003 for setting aside the termination order passed against the respondent, we do not find any error in the said order passed by it.

5.

For the aforementioned reasons, the writ petition is devoid of any merit and the same is accordingly dismissed. As a sequel to the dismissal of the writ petition, interim order dated 25.11.2004 is vacated and WPMP.No.25396 of 2004 in W.P.No.19371 of 2004 is dismissed.

_____________________________ C.V. NAGARJUNA REDDY, J ________________________________ GUDISEVA SHYAM PRASAD, J 17.08.2017.

Msr

HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY AND HON'BLE SRI JUSTICE GUDISEVA SHYAM PRASAD WRIT PETITION No.19371 of 2004 17.08.2017 Msr