S. Amar Singh v. State Of Telangana

HON'BLE SRI JUSTICE K.C.BHANU AND HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY Writ Petition No.14926 of 2015 ORDER : (per KCB, J.) This writ petition is filed seeking a Mandamus to declare the orders dated 20-05-2015 passed by the Hon'ble Andhra Pradesh Administrative Tribunal (for brevity, 'the Tribunal') in O.A. No.2532 of 2015 with V.M.A. No.475 of 2015, as erroneous and also vacating / not extending the interim directions dated 13-05-2015 in O.A. No.2532 of 2015, as arbitrary and erroneous and consequently suspend the operation of the Memo. No.3050/Excise-I(2)/2014-4, dated 05-05-2015 issued by the 1st respondent and consequential proceedings Cr.No.430/2014/CPE/B2, dated 09-05-2015 issued by the 2nd respondent pending disposal of the O.A. No.2532 of 2015 before the A.P. Administrative Tribunal, Hyderabad.

2. The petitioners herein, who are applicants in O.A. No.2532 of 2015 and respondents in V.M.A. No.475 of 2015, are all working as Excise Constables in Prohibition and Excise Department. The Hon'ble Tribunal, on 13-05-2015, as an interim measure, suspended the two proceedings i.e., impugned Memo. No.3050/Excise-I(2)/2014-4, dated 05-05-2015 and its consequential proceedings Cr.No.430/ 2014/CPE/B2, dated 09-05-2015, for a period of one week, whereby and whereunder the Government of Telangana stayed the repatriation orders of Commissioner of Prohibition and Excise, and consequential orders of the Prohibition & Excise Superintendent, Hyderabad & Ranga Reddy in respect of Sri M.Sainath & 12 others till a final decision is taken by the Government on appeal filed by them. But, however, by order dated 20-05-2015 the Hon'ble Tribunal has

vacated / not extended the interim order dated 13-05-2015. Aggrieved by the same, the present writ petition is filed.

3. Heard the learned counsel on either side and perused the material available on record.

4. Having regard to the facts and circumstances of the case, the Writ Petition is disposed of requesting the Hon'ble Andhra Pradesh Administrative Tribunal to dispose of the O.A. No.2532 of 2015 within a period of six weeks from the date of the receipt of a copy of this order. Till then, the interim order dated 13-05-2015 in O.A. No.2532 of 2015 passed by the Hon'ble Tribunal shall be continued. There shall be no order as to costs.

5 . Consequently, the miscellaneous petitions pending, if any, shall also stand disposed of.

______________ K.C.BHANU, J.

____________________________ M.SATYANARAYANA MURTHY, J.

21st May, 2015.

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