The Commissioner Of Police, v. Samiuddin,

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY TWO PRESENT THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION NO: 31651 OF 2012 Between:

1. The Commissioner of Police, Hyderabad2. The Joint Commissioner of Police (Admn.), Hyderabad.

3. The Audit Officer, Directorate of State Audit, Hyderabad.

4. The Joint Director, Pension Payment Office, IV.J. Road, Hyderabad ...PETITIONERS/RESPONDENTS Samiuddin, Retd. HC 3245, S.B. City, Hyderabad City Police, Rl/o H.No. 2-3647 I A1344, Amberpet, Hyderabad. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to lssue a Writ or any other appropriate proceedings, one in the nature of certiorari, calling for the records relating to and connected with the order dated 17.02.2012 in O.A.No. 11260 of 2009 on the file of Hon'ble Administrative Tribuhal, Hyderabad and set aside the same holding it absolutely illegal' erroneous and violative of Constitution, in the interest of justice. l.A. NO: 1OF 2012(WPMP. NO: 40374 0F 20121 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to

suspend the operation of the order dt. 17.02.2012 passed in O.A.No.'1 1260 of 2009 by the Hon'ble A. P.Administrative Tribunal' I.A. NO: 1 OF 2013 (WVMP. NO:500 0F 2013) Between:

Samiuddin, S/o. Ir/ohd. Sharfuddin, aged about 63 years, Retd. Head Constable No.3245, Special Branch, Hyderabad, Rlio. Hyderabad. PETITIONERYRESPONDENT

1. The Commissioner of Police, Hyderabad.

2. The Joint Commissioner of Police (Admni), Hyderabad.

3. The Audit Officer, Directorate of State Audit, Hyderabad'

4. The Joint Director, Pension Payment Office' l\/.J. Road, Hyderabad ... RESPONDENTS/PETITIONERS Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim suspension order granted by this court in W.P.M.P.No.40374 of 2012 in W.P.No. 31651 of 2012, DL 10.10.2012 may be vacated as otherwise the petitioner herein would be put to irreparable loss and grave suffering. Counsel for the Petitioner: THE ADDITIONAL ADVOCATE GENERAL Counsel forthe Respondent: SRI K. ANANTHA RAO The Court made the following: ORDER

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI THE HON'BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO W.P.No.3165l OF 2Ol2 ORDER: (Per Hon'ble Si Justice Abhinand Kumar Shauili) The Writ Petition is fi1ed aggrieved by the Order dated 17.O2.2O12 passed by the Andhra Pradesh Administrative Tribunal (for short, "the Tribunal") in O.A.No.1 1260 of 2OO9. 2.

Heard learned Additional Advocate General appearing for the petitioners and Sri K. Anantha Rao, learned counsel appearing for the respondent.

3.

It has been contended by the petitioners that the respondent was working as a Head Constable and he has retired from service on 31.12.2OO7 and the respondent was erroneously paid Special Grade and SPP-I with effect from 01.O4.1981 to 15.06. 1986 and it has come to the notice of the petitioners that an excess amount of Rs.66,580/- was paid to the respondent and the petitioners have rightly passed orders on 10.06.2009 for recovery of the above said amount. Aggrieved by the said Order, the respondent has approached the Tribunal by filing O.A.No. 11260 of 20O9 and the Tribunal vide Order dated 17.O2.2O12 was pleased to allow the O.A. without appreciating

any of the contentions raised the petitioners. Therefore, appropriate Orders be passed in the Writ Petition by setting aside the Order dated 77.02.2012 passed by'the Tribunal in O.A.No. 11260 of 2OO9 and allow the Writ Petition.

4.

I-earned counsel lor the respondent had contended that the issue is squarely covered by the judgment rendered by the Hon'ble Supreme Court in State of Punjab & Ors vs Rafiq Masihl and contended that the amounts cannot be recovered from a retired employee.

5.

This Court havir-rg considered the rival submissions made by the learned coLrnsel appearing on either side, is of the considered view that the issue raised in the present Writ Petil.ion is squarely covered by the judgment of the Hon'ble Supreme Court in the decision stated supra and the Tribunal was justified in allowing the O.A. in lavour of the respondent. Therefore, this Court is not inclined to interfere with the Order dated 17.O2.2O12 passed by the Tribunal in O.A.No.1 1260 o1' 2OO9.

6.

The Writ Petjtion is dismissed accordingly.

CA No.1i527 of 20 14 (Arising out of SLP(C) No.11684 of 2O12)

Miscellaneous applications, if any, pending, shall stand closed. No costs.

SD/. G. SIREESHA ASSISTANT REGISTRAR 6e ,TRUE COPY// SECTION OFFICER To,

1. Two CCs to the Advocate General, High Court for the State of Telangana at Hyderabad. [OUT] 2 One CC to SRI K. ANANTHA RAO, Advocate [OPUC]

3. Two CD Copies.

MP J

HIGH COURT DATED:21 11012022

ORDER

WP.No.31651 of 2012 I sIA O^ \ J'

c, U.

l\it\ $t \\\ I .'/ r c i:sP DISMISSING THE WRIT PETITION WITHOUT COSTS t e