THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No. 18466 of 2010 Dated: 30-7-2010 Between: The State of Andhra Pradesh, rep. by its Secretary to Govt. School Education Department, Hyderabad and others. …Petitioners and M.V.Sesha Phani Raju and another …Respondents ORAL ORDER: (Per Hon’ble Sri Justice Goda Raghuram) Heard the learned Government Pleader for Services-I for the petitioners and Sri Janaki Rami Reddy, learned counsel for the 1st respondent. The writ petition is directed against the order dated 8-6-2010 in O.A.No. 1977 of 2010 of the learned A.P. Administrative Tribunal, allowing the O.A. and confirming the interim order issued, whereby the order dated 22-3-2010 of the District Educational Officer placing the 1st respondent under suspension was set aside. On the basis of a complaint by the 1st respondent’s wife on 3-6- 2008 a case in Cr. No. 782 of 2008 of P.S. Kodumur, Kurnool District was registered against the 1st respondent alleging offences under Sections 376, 420, 498-A read with 506 IPC. On conclusion of the investigation, a charge sheet has been filed and the prosecution is under process. Alleging that his suspension is unwarranted as he has obtained anticipatory bail and was not arrested for the offences alleged against him, the 1st respondent filed OA No. 1977 of 2010. By the order impugned, the learned A.P. Administrative Tribunal, invalidated the suspension. It requires to be noticed that in the O.A. the 1st respondent impleaded only the Director of School Education, the District Educational Officer, the Deputy Educational Officer and the Head Master, Z.P. High School, Gonegandla. Though he is in the service of the State and is agitating a grievance in respect of his service conditions under the State, the petitioners failed to implead the State of Andhra Pradesh as a respondent in the O.A. The O.A. was thus misconceived and ought not to have been entertained by the Tribunal. However, the Tribunal did entertain the O.A. and allowed the same. Though this Court was addressed on the merits of the decision of the Tribunal as the decision unsustainable on account of the O.A. not being maintainable in the absence of the necessary and proper party, the State, we consider it appropriate to allow this writ petition setting aside the order dated 8-6-2010 in O.A.No. 1977 of 2010 and dismiss the O.A. 1977 of 2010 as not maintainable. The 1st respondent herein shall however be at liberty to file a fresh O.A. in accordance with law and after impleading the proper and necessary parties which includes the State of Andhra Pradesh. The writ petition is allowed as above at the stage of admission. No costs. _________________________ GODA RAGHURAM, J _________________________ R. KANTHA RAO, J 30th July, 2010. GRR