The High Court dismissed a writ petition seeking to quash an Administrative Tribunal order directing a refund, where the petition was ultimately disposed of as withdrawn without costs.
Writ Petition dismissed as withdrawn without costs.
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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
TUESDAY, THE ELEVENTH OAY OF JULY TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO
WRITPETMON NO: 26379 OF 2016
Between:
...PETITIONER
AND
Purana Hareli, Hyderabad.
...RESPONDENTS
Petition under Article 226 of the Constitutbn 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 a direction, more pa.ticularly one in the nature of Writ of Certiorari, calling for the records relating to the orders of the A.p. Administrative Tribunal passed in OA.No.476'll2014, dated: 26.08.2015 and quash the same as being perverse, in excess of jurisdiction and contrary to law. l.A. NO: 1 oF 2016(WPMP. NO: 32635 0F 2016)
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the Higih Court may be pleased to suspend the operation of the orders in OA.No.4761/2013, dated: 26.08.2014, on the file of the A.P. Adrninistrative Tribunal, Hyderabad, pending disposal of the above writ petition.
Counsel for the Petitioner: GP FOR SERVICES !
Counsel for the Respondents: - - - -
The Court made the following: ORDER
//
THE HON'BLE SRI JUSTICE ABHINAND KTIMARSIIAVILI
AND
THE HON'BLE SRI JUSTICE NA.IilAVARAPU RAJESIItrIAR RAO
Writ Petition No.26379 of 2OL6
ORDER:(Per Hon'ble JusticeAbhinand. KumarStauili)
This Writ Petition is f-rled bythe petitionersunder Article 226 of the Constitutionof India seekinga writ, order or a direction,more particularly,in the nature of Wit of Certiorai by calling forthe recordsrelating to the order passed by the Andhra PradeshAdministrativeTribunal,at Hyderabad(for short,'the Tribunal')inO.A'No.4761 of 2014, dated 26.08.2015,and to quashthe same as being perverse, in excess oljurisdictionand contrar5lto law.
AKS,J & RRN,J wp_26)79_2o16
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2006; the allegation levelledagainst the l"t respondentwas that the 16t respondent was instrumental indestructionof valtable forests, i.e., felling of teaktrees of Reserved Forest, Utnoor Beat worth Rs.2,6a,587 /-,severe negligence of duty, failed to register Forestoffence case against the offender and collected Rs.l0,OOO/- from the offenderas'C" Fees illicitly, and acted beyond his powers; thereafter, the disciplinary authority initiated disciplinary proceedings against the lst respondent; tJle disciplinary authority, after conducting a detailed enquiry, and for the proven misconduct, uide proceedings No.5547/2OO6l 55{ 1), dated 09.06.2012, imposed punishment of warning on the l"t respondent besides ordering recovery of amount of Rs.21,987/- towards SOYo of missing material, ,r',{ ,n" remaining 5O%o was already recovered from the l"t respondent; however, on re-conciliation of tJre accounts by the petitioners, it was found that the timber material worth Rs.2,26,413/- was transported to the Government Timber Depot, Echoda vide Permit No.O9399, dated L2.L2.2OO7, and the missing material was subsequently traced out during the raids, and cases were also booked against the culprits.
AKs,J & RRN,J wp _26)7 9 _2016
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that the material was missing, and utren the missing material was subsequently traced out, the petitioners could not have rejected the case of the lst respondent for refunding the amount of Rs.22,OOO/-. Therefore, the Tribunal was justified in disposing of the O.A.No.476l of 2Ol4 by directing the petitioners to refund the amount of Rs.22,OOO/- to the l"t respondent. Therefore, this Court is not inclined to interfere with the order passed by the Tribunal in O.A.No.4761 of 2014, dated 26.08.2015. Accordingly, the Writ Petition is dismissed. No costs.
any in this Writ Petition, shall stand cllosed.
SD/. G. dREESHA ASSISTANIRdCISTRan //TRUE COPY// (:rni SEcf6N oFFlcER To, 1' Two ccs to cp FoR SERVTCES r, High court for the State of rerangana at Hyderabad. IOUT1 CD Copiei. 3.a GJP , (/
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HIGH COURT
DATED:1 110712023
ORDER
WP.No.26379 of 2016
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DISMISSING THE WRIT PETITION AS WITHDRAWN WITHOUT COSTS
v
State of Telangana and others
K. Balaiah
Andhra Pradesh Administrative Tribunal
Abhinand Kumar Shavili
Namavarapu Rajeshwar Rao
As recorded by the court registry
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