The Commissioner Of Prohibition And Excise Telangana v. .K.Prabhu Vinay Kumar,

HON'BLE SRI JUSTICE G.CHANDRAIAH & HON'BLE SRI JUSTICE U.DURGA PRASAD RAO W.P. No. 37385 of 2015 DATE: 19.11.2015 Between:

The Commissioner of Prohibition and Excise and another .. Petitioners and K. Prabhu Vinay Kumar and another .. Respondents

O R D E R:- (per Hon'ble Sri Justice G. Chandraiah) The petitioners assert that the 1st respondent herein was initially appointed as Prohibition & Excise Inspector on 29.05.1997 and subsequently promoted as Assistant Prohibition and Excise Superintendent on 17.09.2013 and posted as such at Godavarikhani. While so, based on a complaint received by the Government against the 1st respondent with the allegation of misappropriate of election funds and non-attendance to his duties at Godavarikhani, the 1st petitioner - Commissioner of Prohibition and Excise, by order dated 01.07.2015, transferred the 1st respondent and posted him as Assistant Prohibition and Excise Superintendent at Nagarkurnool of Mahabubnagar District on administrative grounds.

Challenging the order of the 1st petitioner, the applicant filed O.A.No. 3999 of 2015 before the Andhra Pradesh Administrative Tribunal, Hyderabad (for brevity "the Tribunal"). Now, the grievance of the petitioners - Government is that the Tribunal, by order dated 27.07.2015, set aside the transfer order directing the petitioners to continue the 1st respondent - applicant to

work in Godavarikhani. Hence, the present writ petition is filed seeking to quash the order of the Tribunal and for appropriate directions.

When the matter is taken up for hearing, the learned counsel for the 1st respondent-employee has produced a copy of the proceedings dated 18.11.2015 issued by the 1st petitioner and submitted that the 1st respondent is posted as Brewery Officer, at M/s.Sab Miller, Shivampet, Medak District. The learned Government Pleader for Services has not opposed the proceedings of the 1st petitioner and has submitted that the writ petition may be closed by recording the modified proceedings. Having regard to the submission made by the learned Government Pleader, the modified proceedings dated 18.11.2015 issued by the 1st petitioner are placed on record and in view of the same and the writ petition is closed. No order as to costs.

As a sequel to the closure of the writ petition, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.

_________________ G. CHANDRAIAH, J 19.11.2015 ______________________ U.DURGA PRASAD RAO, J bcj