High Court for State of TelanganaWP/23023/2016allowed no costs

P. Murali Krishna, v. The Commandant-I,

2016-10-19V Ramasubramanian,Gudiseva Shyam Prasad3 pages

HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN AND HON'BLE SRI JUSTICE G.SHYAM PRASAD Writ Petition Nos.23023 and 23389 of 2016 Common Order: (per V.Ramasubramanian, J.) The petitioners have come up with the above writ petitions challenging the dismissal of their original applications by the Andhra Pradesh Administrative Tribunal.

2. Heard Mr. A.S. Bhavani Shanker, learned counsel for the petitioners and the learned Government Pleader for Services-I (Andhra Pradesh).

3. Pursuant to disciplinary proceedings initiated against the petitioners, they were imposed with a penalty of removal from service by order dated 28-01-2016 by the Commandant, Head Quarters, Tirupathi, Andhra Pradesh Special Protection Force Camp at Secunderabad. After filing statutory appeals under Rules 32 to 34 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991, the petitioners also filed applications in O.A.Nos.1235 and 1283 of 2016. On the short ground that the statutory appeals are pending consideration, the Tribunal refused to entertain the O.As. Therefore, the petitioners are before this Court.

4. It is true that when the statutory appeals are pending, it is not necessary for the Tribunal to entertain the applications. But at least the Tribunal could have directed the Appellate Authority to dispose of the statutory appeals within a timeframe. Therefore, the writ petitions are allowed, the

impugned orders of the Tribunal are set aside and the Appellate Authority is directed to consider the statutory appeals of the petitioners in accordance with law and dispose them of within a period of 3 (three) months from the date of receipt of a copy of this order. The miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs.

___________________________ V.RAMASUBRAMANIAN, J.

___________________________ G.SHYAM PRASAD, J.

19th October, 2016.

HON'BLE SRI JUSTICE V.RAMASUBRAMANIAN AND HON'BLE SRI JUSTICE G.SHYAM PRASAD Writ Petition Nos.23023 and 23389 of 2016 (per VRS, J.) 19th October, 2016.

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