IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 30769 of 1998 Between: K.Manik Rao, S/o K.Prabhakar Rao, R/o Hyderabad. ..... PETITIONER AND 1 The Union of India Rep. by its Secretary, Ministry of Finance,(Dsept. of Revenue) North Block New Delhi. 2 The Chairman, Central Board of Excise and Customs, New Delhi. 3 Collector of Central Excise and Customs, Central Excise Head Quarters, Collector Excise Head Quaters Basheerbagh, Hyderabad. 4 The Deputy Collector (P&V), Officer of the Collector of Central Excise, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue a Writ of Direction more particularly one in the nature of Writ of Certiorari, by calling for the records relating to and connected with O.A.No.1562/94 on the ﬁle of the Hon'ble Central Administrative Tribunal, Hyderabad and quash or set asied the orders passed therein on 31.10.1997 and consequently quash the order in appeal in C.No.II/26/3/93-CIU, dt:20-12-1993 of the 3rd respondent herein and pass Counsel for the Petitioner:MR.ABHINAND KUMAR SHAVILI Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) ORDER: (Per Sri Justice GHULAM MOHAMMED) The learned counsel appearing for the petitioner fairly conceded that the matter is covered by the judgment of this Court in W.P.No. 22088 of 1998 dated 11.6.2003 wherein this Court allowed the Writ Petition and quashed the order of punishment passed by the disciplinary authority as well as the order of the appellate authority; however, liberty is given to the respondents to proceed in the matter, if they so choose after giving a notice to the petitioner. Following the above said judgment made in W.P.No. 22088 of 1998 dated 11.6.2003, the order of punishment passed by the disciplinary authority as well as the order of the appellate authority are quashed. However, liberty is given to the respondents to proceed in the matter, if they so chose after giving a notice to the petitioner. Accordingly, the Writ Petition is allowed. No order as to costs. _____________________________ GHULAM MOHAMMED ,J ___________________________ G. BHAVANI PRASAD, J Dt. 8.09.2008 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Union of India Rep. by its Secretary, Ministry of Finance,(Dsept. of Revenue) North Block New Delhi. 2 The Chairman, Central Board of Excise and Customs, New Delhi. 3 Collector of Central Excise and Customs, Central Excise Head Quarters, Collector Excise Head Quaters Basheerbagh, Hyderabad. 4 The Deputy Collector (P&V), Officer of the Collector of Central Excise, Hyderabad. 5. 2CD copies