Prl. Secy., Rev. Dept. And 2 ORS. v. P.Bhaskar Rao And Ano.

[ 3308 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY ,THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HONOURABLE SRIJUSTICE K. SARATH WRIT PETITION NO: 8214 OF 2011 Between:

1. The Government ofA.P. rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad.

2. The Chief Commissioner of Land Adminsihation, Government of Andhra Pradesh, Nampally, Hyderabad.

3. The District Collector, Khammam, Khammam Diskict.,Khammam, Khammam District ...PETITIONERS AND '1 . P.Bhaskar Rao , Senior Assistant, O/o. Special Deputy Collector (L.A.), lrrigation Projects, Transport & Railways, Khammam, Khammam District

2. The Andhra Pradesh Administrative Tribunal, rep. by its Registrar, Purani Haveli, 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 issue a writ order or direction more particularly one in the nature of "Writ of Certiorari" calling for the records relating to the orders of the Hon'ble Andhra Pradesh Administrative Tribunal, Hyderabad passed in

O.A.No.741712007 dated 24.04.2009 as being erroneous, illegal and unreasonable and quash the same.

l. A. N o : 1 o F 20 1 1 (ULP-![P.,_N oj.1Q43_aE :9lll 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 orders of the Hon'ble Andhra Pradesh Administrative Tribunal, Hyderabad passed in O.A.No.741712007 daled 24.04.2009 pending disposal of the writ petition Counsel for the Pertitioners: SRI GP FOR SERVICES ll Counsel for the Respondent 1:SRl K. UDAYA SRI The Court made the following: ORDER

HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND HONOURABLE SiRI JUSTICE K.SARATH \IIRIT PETITION No. 8214 of 2O11 Order:@ This writ petition is filed seeking 'Writ of Certiorari' calling for the records relating to the orders of the Andhra Pradesh Administrative Tribunal, Hyderabad passed in O.A.No.7417 of 2007 dated 24.04.2009 and quash the same as being erroneous illegal, arbitrary and contrary to the principles of natural justice and consequently set aside the same.

2.

Heard learned Government Pleader for Services-Il for the petitioners and Sri K. Udaya Sri, learned counsel for respondent No.1.

3. It has been contended by Government Pleader for Services-Il for the petitioners that the respondent No.1 was working as Special Deputy Collector and he was convicted by a competent Criminal Court in C.C.No.39 of 2OO2 on 31.10.2007, based upon the conviction, the petitioners have dismissed the respondent No.1 from service vide orders dated 04.01.2008.

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4.

Learned Government Pleader for Services-Il contended that respondent No.1 has preferred Criminal Appeal No. 1545 of 2OO7 and the Hon'ble High Court was pleased to suspend the sentence in C.C.No.39 of 2OO2 on 31.10.2007, vide CRL.MP.No.2086 of 2007 in CRL.A,No.1545 of 2007, dated 13.11.2007. The respondent No.1 also filed OA No.74l7 of 2007 aggrieved by the dismissal of service, before the Andhra Pradesh Administrative Tribunal (for short 'the Tribunal') and the Tribunal vide order daled 24.04.2009 was pleased to allow the O.A and set aside the orders of dismissal on the ground that the sentence was suspended by the Hon'ble High Court in CRL.MP No.2086 of 2007 in CRL.A No.1:;45 of 2007.

5.

Learned Government Pleader for Services-Il further contended that when the conviction is staring at respondent No.1, the Tribunal could not have interfered with the orders of the dismissal. Therefore, appropriate orders be passed in this writ petition by setting aside the O.A.No.74l7 of 2007 dated 24.04.2009 and allow the writ petition.

6.

This Court having considered the rival submission made by the parties is ')F the considered view that the Tribunal was not

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justified in allowing the O.A.No.74L7 of 2007 dated 24.04.2009 in favour of the respondent No.1 by setting aside the order of dismissal dated 04.01.2008, when conviction is staring at the respondent No.1 and the Tribunal could not have interfered with the order of dismissal. Therefore, the order passed by the Tribunal in O.A.No.7417 of 2007 dated 24.04.2009 is contrary to Iaw and the same is liable to set aside.

7.

Accordingly, this writ petition is allowed by setting aside the order passed by the Tribunal in O.A.No.74L7 of 2007, dated 24.04.2009. However, it is made clear that if the respondent No.1 is acquitted in the CRLA No.1545 of 2007, the respondent No.1 is entitled to peruse his remedy, in accordance with law. B.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

That Rule Nisi has been made Absolute as above witness the Hon'ble SRl. UJJAL BHUYAN, The Chief Justice on this Friday, the Twenty Third day of September, Two Thousand and Twenty Two.

I SD/. G. SIREESHA ASSISTANT REGISTRAR //TRUE COPY// L SECTION OFFICER To, The Principal Secretary, Revenue Department, Secretaiiat,Government of A.P, Hyderabad.

The Chief Commissioner of Land Adminsitration, Government of Andhra Pradesh, Nampally, Hyderabad.

The Diskict Collector, Khammam, Khammam Diskict.,Khammam, Khammam District The Andhra Pradesh Administrative Tribunal,, rep. by its Registrar, Purani Haveli, Hyderabad.

One CC to SRI GP FOR SERVICES ll Advocate IOPUC] One CC to SRI K.UDAYA SRI Advocate [OPUC] Two CD Copies 1.

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EDS GJP BSh

HIGH COURT DATED:23 rcU2022 TATE o 9S I , 19 I\N Nll ja :))o

ORDER

)/ WP.No.8214 of 2011 ALLOWING OF THE WRIT PETITION WITHOUT COSTS 8GP q,Vr"\)*"'