Avuluri Rajashekar Reddy, v. The Andhra Pradesh Public Service Commission,

THE HON'BLE SRI JUSTICE SANJAY KUMAR and THE HON'BLE SRI JUSTICE N. BALAYOGI WRIT PETITION No.16219 of 2015 ORDER: (per SK, J) The petitioner is the applicant in O.A.No.9424 of 2012 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad. Therein, the petitioner challenged the Memo dated 15.09.2012 issued by the Andhra Pradesh Public Service Commission debarring him from appearing in all exams conducted by the Commission for a period of five years from 23.07.2012. By order dated 03.12.2012, the Tribunal dismissed the O.A. at the stage of admission.

Perusal of the order under challenge reflects that the Tribunal dismissed the O.A. on the ground that a criminal case had already been instituted against the petitioner on the same cause and no illegality was therefore made out in his being debarred from writing exams for a period of five years. Sri P.V. Ramana, learned counsel for the petitioner, would inform this Court that the criminal case instituted against the petitioner under Sections 419 and 420 IPC read with Section 8 of the Andhra Pradesh Public Examinations (Prevention of

SK, J & NBY, J W.P.No.16219 of 2015 Malpractices and Unfair Means) Act, 1997, in C.C.No.963 of 2012 on the file of the learned VI Metropolitan Magistrate, Cyberabad at Medchal, Ranga Reddy, ended in acquittal vide judgment dated 17.10.2014. He would further state that the debarring order, which was under challenge before the Tribunal, stood cancelled by the Andhra Pradesh Public Service Commission basing on the said acquittal vide order dated 05.01.2017.

That being so, the challenge to the order passed by the Tribunal in O.A.No.9424 of 2012 does not survive for adjudication on merits at this stage.

The Writ Petition is accordingly closed.

Pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.

___________________ SANJAY KUMAR, J 13th MARCH, 2017.

_______________ N. BALAYOGI, J kvni