M.Shankar, v. The Managing Director, A.P.Beverages Corp. Ltd.,

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.6946 of 2005 ORDER:

This writ petition was filed assailing the proceedings dated 07.03.2005 issued by the Andhra Pradesh Beverages Corporation Limited, Hyderabad and seeking a consequential declaration that the petitioner was entitled to continue in service pending disposal of Criminal Appeal No.2578 of 2004 on the file of this Court. By the proceedings dated 07.03.2005, the Andhra Pradesh Beverages Corporation Limited took note of the fact that the petitioner, an Assistant Manager in its service, suffered conviction in C.C.No.23 of 1994 on the file of the learned Principal Special Judge for SPE & ACB Cases, Hyderabad on 29.11.2004 and accordingly dismissed him from service in exercise of powers conferred by Rule 14 (2) (a) of the Andhra Pradesh Beverages Corporation Limited Conduct, Discipline and Appeal Rules.

No interim orders were granted by this Court in the writ petition. Sri D.Linga Rao, learned counsel for the petitioner, informed this Court that the petitioner's conviction in the criminal case was confirmed in appeal by this Court in Criminal Appeal No.2578 of 2004. He would however state that the petitioner would still be entitled to certain pensionary benefits in accordance with the Rules. However this aspect of the fact falls outside the scope of the writ petition. As there is no ground to interfere with the dismissal of the petitioner from service owing to his conviction in a Criminal Case which was thereafter confirmed in appeal, the writ petition is liable to be dismissed and is so dismissed. This order shall however not

preclude the petitioner from agitating his grievances, if any, in connection with his termination from service in accordance with law. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

______________________ JUSTICE SANJAY KUMAR 18.09.2014 v v