Partly allowed

The Government of Andhra Pradesh, v. a. Venkata Rao

Telangana HC7 Mar 2014WP/6652/2014

Case brief

AI extract

What is this about?

This court disposed of a writ petition challenging an Administrative Tribunal order directing departmental proceedings. The court modified the Tribunal's order to delay the departmental enquiry until after the closure of the co-pending criminal First Information Report.

What did the court decide?

The writ petition was disposed of and the Tribunal's order was modified to direct completion of departmental enquiry within four months from the closure of the F.I.R.

The Government of Andhra Pradesh, Vs a. Venkata Rao — Service and Employment | Telangana HC (2014)

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THE HON'BLE SRI JUSTICE K.C.BHANU AND

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THE HON’BLE MRS JUSTICE ANIS

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WRIT PETITION No.6652 OF 2014

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ORDER:- (per Hon’ble Sri Justice K.C.Bhanu)

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This writ petition is filed seeking to issue writ of Certiorari calling for the records pertaining to the order, dated 19.11.2013, in O.A.No.8049 of 2013 on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short, “the Tribunal”) and quash the same.

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2. Case of respondent No.1/applicant is that the Government issued G.O.Rt.No.1564, dated 10.11.2010, deciding to initiate departmental proceedings against the applicant instead of prosecuting him on the allegation of demand and acceptance of an amount of Rs.5,500/- in a trap held by the Anti-Corruption Bureau (for short, “A.C.B.”) authorities on 29.2.2008; that no money was found with him and there was no acceptance of money and that after issuing the aforementioned Government Order, the Government did not take any steps by framing charges against him. Hence, he filed the aforementioned Original Application seeking a direction to the petitioners herein/respondents for initiating departmental enquiry against him by framing charges as per the said Government Order and complete the same within a time limit.

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3. The Tribunal, upon considering the material on record, disposed of the Original Application directing the petitioners herein to complete the departmental enquiry in pursuance of the aforementioned Government Order within a period of four months from the date of receipt of a copy of that order. Challenging the same, the present writ petition is filed by the petitioners/respondents.

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4. Learned Government Pleader for Services – II submitted that based on the Government decision to initiate departmental enquiry against the

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applicant, the Director General, A.C.B., has to file a petition through the concerned before the A.C.B. Court, Visakhapatnam for closure of First Information Report (for short, “F.I.R.”) and after consideration of the same and closure of the F.I.R. only, the Director General, A.C.B., will send the draft article of charges to the Chief Commissioner of Land Administration, Andhra Pradesh, Hyderabad and then, the Chief Commissioner would frame charges against the applicant; that without closing the F.I.R., initiation of departmental action against the applicant is subjudice and hence, prays to set aside the impugned order.

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5. Considering the submission of the learned Government Pleader, we slightly modify the order of the Tribunal by directing the petitioners herein to complete the departmental enquiry in pursuance of G.O.Rt.No.1564, dated 10.11.2010, within a period of four (4) months from the date of closure of the F.I.R.

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6. With the above modification, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

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______________________ JUSTICE K.C.BHANU

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JUSTICE ANIS

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Date: 07.03.2014 AMD

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THE HON'BLE SRI JUSTICE K.C.BHANU AND THE HON’BLE MRS JUSTICE ANIS

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WRIT PETITION No.6652 OF 2014

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DATE: 07.03.2014

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AMD

The Government of Andhra Pradesh, v. a. Venkata Rao

Case brief

What is this about?

What did the court decide?

The Government of Andhra Pradesh, v. a. Venkata Rao

Case brief

What is this about?

What did the court decide?

What the court decided

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