IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SECOND DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 24116 of 1999 Between: P. Basavaraju S/o. Hanmappa Kodangal Post Office, Mahabubnagar Postal Division, Mahabubnagar District. ..... PETITIONER AND 1 The Sub-Devisional Inspector (Postal) Mahabubnagar (West) Sub- Devision, Mahabubnagar District. 2 The Superintendent of Post Offices Mahabubnagar District. 3 Post-Master General Hyderbad Region, v 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 an order or Writ more particularly one in the nature of the writ of Certiorari quashing the proceedings of the 1st respondent Memo No. PF/ED.Messenger/Kodangal, dt. 30-11-94 which was confirmed by the 2nd respondent by order in Memo no. CR/10/Mah/92-93, dt. 10-7-95, which was further confirmed in Memo No. ST/12/4/9/95, dt. 18-6-1996 of the 3rd respondent as illegal arbitrary and violates the principles of natural justice apart from having no jurisdiction and effects the fundamental rights of the petitioner under Article 14,16 and 21 of the Constitution of India. To set-aside the order of the Administrative Tribunal passed in OA.NO. 502/97, dt. 8-3-99, so for it is against petitioner is concern as illegal and arbitrary. Consequently direct the respondents to reinstate the petitioner as ED Messenger which all consequential benefits from the date of his removal till the date of his appointment. And award the costs of the petitioner. And pass any further order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case Counsel for the Petitioner:MR.N.ASHOK KUMAR Counsel for the Respondent No.: MR.M.RATNA REDDY (ADDL.S.C FOR C.G) The Court made the following : ORDER: (Per Sri Justice GHULAM MOHAMMED) This Writ Petition has been filed by the petitioner challenging the order dated 8.3.1999 passed by the Andhra Pradesh Administration Tribunal, Hyderabad in O.A.No. 502 of 1997, by virtue of which, the Tribunal upheld the order of his removal from service passed by the first respondent. Brief facts of the case are that the petitioner was working as Extra Departmental Messenger at Kodangal Sub-Post Office and he was charged with a memo of charges under Rule 8 of Extra Departmental Agencies (Service & Conduct) Rules 1964 by the first respondent vide proceedings dated 15.2.1993 alleging that he had manhandled one M.A. Hannan, who was the post Master of Sub-Post Officer of Kodangal on 1.10.1992 and he had unauthorizedly absented from duty from 3.10.1992. It is stated that he filed detailed explanation to the charge memo denying all the charges levelled against him, especially the involvement of any misconduct as alleged against him. An enquiry officer was appointed to conduct an inquiry against the alleged charges and it is stated that the enquiry officer without conducting proper enquiry submitted report dated 26.7.1994 holding that the charges levelled against the petitioner are proved. The petitioner filed a representation on 27.9.1994 to the enquiry officer denying all the charges. The first respondent-The Sub-Divisional Inspector (Postal), Mahabubnagar (West) Sub-Division, without going into the details of the enquiry report, passed the impugned order dated 30.11.1994 removing the petitioner from service. Aggrieved by the same, the petitioner filed an appeal before the second respondent-the Superintendent of Post Offices, Mahabubnagar District and the same was also rejected. Again the petitioner preferred a review petition on 17.8.1995 before the third respondent-Post Master General, Hyderabad Region, Hyderabad and the same was also rejected by an order dated 18.6.1996. Hence, he filed O.A before the Tribunal and the Tribunal also dismissed the O.A. Aggrieved by the same, he filed the present Writ Petition. The learned counsel appearing for the petitioner contended that with regard to the charge of manhandling the Post Master of Sub-Post Officer of Kodangal on 1.10.1992, though the charge was proved, the appellate authority ought to have exercised its discretion and should have taken a lenient view and modified the punishment and the Tribunal has also not exercised any discretion so as to remit the matter to the disciplinary authority for fresh consideration. He also contended that the petitioner has not actually manhandled the Post Master of Sub-Post Officer and he was unnecessarily implicated in this. We have heard the learned counsel appearing for both sides and perused the order under challenge. Once the charge is proved with regard to manhandling of Post Master of Sub-Post Office of Kodangala, the disciplinary authority has taken action of removing the petitioner from service. Since the area of writ of certiorari jurisdiction is narrow and limited, we cannot go into the sufficiency or insufficiency of the evidence and we also cannot re- appreciate the evidence. This Court can interfere only when there is mis- appreciation of facts or that the disciplinary authority has passed the order without any evidence or that the punishment imposed by the authority is disproportionate to the alleged mis-conduct. No such plea is taken before this Court and the Tribunal has appreciated the facts and held that the charges are proved and the disciplinary authority rightly passed the order of removal. We have perused the order. The Tribunal has considered all the aspects elaborately and dismissed the O.A. Therefore, the finding of the Tribunal does not suffer from any illegality or infirmity or error of jurisdiction warranting our certiorari jurisdiction. In the circumstances, the Writ Petition fails and accordingly the same is dismissed. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ SANJAY KUMAR , J Dt. 12.02.2009 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Sub-Devisional Inspector (Postal) Mahabubnagar (West) Sub- Devision, Mahabubnagar District. 2 The Superintendent of Post Offices Mahabubnagar District. 3 Post-Master General Hyderbad Region, v Hyderabad. 4. 2 CD copies