M.John Manohar, v. State Of Andhra Pradesh

HONOURABLE SRI JUSTICE SANJAY KUMAR AND HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION (TR) No.5296 OF 2017 ORDER: (Per Honourable Sri Justice Sanjay Kumar) O.A. No.6857 of 2015 filed by the petitioner before the Andhra Pradesh Administrative Tribunal, Hyderabad, stood transferred to this Court upon abolition of the said Tribunal insofar as the State of Telangana was concerned. It was then numbered as W.P. (TR) No.5296 of 2017.

2. By way of this writ petition, the petitioner seeks to assail his dismissal from service as a Deputy Superintendent of Police, vide G.O. Ms.No.144, Home (Service-I) Department, dated 09.10.2014. Perusal of the record reflects that the petitioner filed a review petition under Rule 38 of the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules 1991, and the same was taken on file by the Government of Andhra Pradesh. This is clear from the Memo dated 19.03.2015 issued by the Deputy Secretary to Government, Home (Services.I) Department, Government of Andhra Pradesh, calling for specific remarks from the Director General of Police, Andhra Pradesh, in the context of the petitioner's review petition.

3. As the Government is presently seized of the petitioner's review petition in relation to his dismissal from service, we are of the opinion that it would be appropriate for him to pursue the same.

The petitioner cannot be permitted to avail two independent remedies parallelly. On that short ground, this writ petition is disposed of directing the 1st respondent to consider the petitioner's review petition on its own merits and in accordance with law. The 1st respondent shall dispose of the same expeditiously and in any event, not later than eight (8) weeks from the date of receipt of a copy of this order. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ___________________ SANJAY KUMAR, J ___________________ K. LAKSHMAN, J September 24, 2019.

PV