The Court dismissed the writ petition challenging the Administrative Tribunal's order directing the disciplinary authority to conclude pending enquiry within six months, failing which the petitioner must be reinstated.
Writ petition dismissed; no order as to costs; miscellaneous petitions closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON'BLE SRI JUSTICE K.C.BHANU AND THE HON’BLE MRS JUSTICE ANIS
WRIT PETITION No.27042 OF 2014
ORDER:- (per Hon’ble Sri Justice K.C.Bhanu)
This writ petition is filed challenging the order, dated 28.8.2014, in O.A.No.4996 of 2014 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short, “the Tribunal”).
2. Petitioner herein/applicant filed the aforementioned Original Application before the Tribunal to call for the records relating to, and connected with, the proceedings, dated 15.7.2014, issued by respondent No.3 and set aside the same, as being wholly illegal and arbitrary, and consequently, direct respondent Nos.1 to 5 herein to reinstate him into service as Village Revenue Officer with all consequential benefits.
3. The Tribunal, upon considering the material on record, disposed of the aforementioned Original Application at the stage of admission directing respondent No.3 to conclude the proposed disciplinary action against the petitioner under the Andhra Pradesh Civil Services (Classification, Control and Appeal) Rules, 1991 within a period of six (6) months from the date of receipt of that order, failing which, the petitioner herein shall be reinstated into duty. Challenging the same, applicant filed the present Writ Petition.
4. Heard both sides.
5. Basing on the report given by respondent No.5, the petitioner was placed under suspension by respondent No.3. It is a suspension pending enquiry. That order need not give any reasons of his
misconduct. Therefore, the Tribunal rightly directed the disciplinary authority to conclude the enquiry within a period of six months failing which, to reinstate the petitioner into duty. Therefore, there are no grounds to allow the writ petition and the writ petition is liable to be dismissed.
6. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. Miscellaneous Petitions, if any, pending, in this Writ Petition shall stand closed.
______________________ JUSTICE K.C.BHANU
JUSTICE ANIS Date: 12.9.2014 AMD
THE HON'BLE SRI JUSTICE K.C.BHANU AND
THE HON’BLE MRS JUSTICE ANIS
WRIT PETITION No.27042 OF 2014
DATE: 12.9.2014
AMD
2 issues framed by the court
Whether the High Court should interfere with the Tribunal's direction to conclude disciplinary action within six months pending enquiry.
Whether there are grounds to allow the writ petition challenging the Tribunal's order.
Petitioner
Respondent No. 1
Respondent No. 3
Respondent No. 5
K.C. Bhanu
Anis
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
