IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION NO : 24725 of 1999 Between: Dr. K.Raja Reddy, S/o.K.Gangi Reddy, R/o.5-1-96, Sarojini Devi Road, Tirupati, Chittoor District. ..... PETITIONER AND 1 The Secretary to Government, Government of Andhra Pradesh, Health, Medical & Family Welfare (A1) Department, Secretariat, Hyderabad. 2 The Director of Medical Education, Government of Andhra Pradesh, Hyderabad. 3 The Principal, Sri Venkateswara Medical College, Tirupathi. 4 Dr.S.Madhukar, Kakatiya Medical College/MHM Hosiptal, Warangal. 5 Dr. Mohd.Nizam Ali Khan Lodhi, Kurnool Medical College/Government General Hosiptal, Kurnool. 6 The A.P.Administrative Tibunal, Rep. by its Registrar, Purani Haveli, 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 issue a Writ order or direction particularly one in the nature of Writ of Certiorari after calling for the records relating to the judgment in O.A.NO.6469/95, dt:22.7.99 on the file of the Hon'ble A.P.Administrative Tribunal, Hyderabad and quash the same as illegal and arbitrary and pass such other order or orders as may deem fit. Counsel for the Petitioner : MR.M.PANDURANGA RAO Counsel for the Respondent No.: GP FOR SERVICES I The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY ORDER: (Per Hon’ble Sri Justice V. Eswaraiah) This Writ Petition is filed questioning the order dated 22- 07-1999 passed by the Andhra Pradesh Administrative Tribunal, Hyderabad (for short “the Tribunal”), in O.A. No.6469 of 1995. The petitioner herein is the applicant. He has filed O.A.6469 of 1995 before the Tribunal seeking to set aside the order, dated 21.11.1995, passed by the 1st respondent in G.O.Ms.No.438 H.M and F.W., and to declare the action of the 1st respondent in withholding promotion of the petitioner as illegal and arbitrary, and consequently to direct the respondents to consider the case of the petitioner for promotion. The Tribunal by order, dated 22-07-1999, dismissed the said O.A. Aggrieved by the same, the present writ petition is preferred by the applicant-petitioner. Heard the learned counsel for the petitioner and the learned G.P for services-I and perused the material available on record. Learned counsel appearing for the petitioner submits that the order passed by the Government in G.O.Ms.No.228, dated 08-05-1995, imposing punishment of stoppage of three increments without cumulative effect on the petitioner is without jurisdiction and the Government has no power to initiate disciplinary proceedings suo motu against the petitioner in view of amended provisions of Section 4 of Andhra Pradesh Civil Services (Disciplinary Proceedings Tribunal) Act (2 of 1960). Therefore, the order of the Government in G.O.Ms.No.438, dated 21-11-1995, in not considering the case of the petitioner for promotion on the ground that he has suffered punishment of stoppage of three increments without cumulative effect, is illegal and arbitrary. As such, the order of the Tribunal is liable to be set aside. Admittedly, the petitioner has questioned the order of the Government in G.O.Ms.No.438, dated 21-11-1995 alone in O.A.6469 of 1995 and he never questioned the order of punishment in G.O.Ms.No.228, dated 08-05-1995 before the Tribunal. The petitioner for the first time challenges the jurisdiction of the authorities in issuing G.O.Ms.No.228, dated 08-05-1995 as to the punishment imposed against the petitioner, before this Court. In the absence of any challenge as to the validity of G.O.Ms.No:228, dated 08-05-1995 before the tribunal, the petitioner cannot raise the same before this Court for the first time and as such, we are not inclined to consider the said contention. Now, the question that remains to be considered, is as to whether the order impugned sustains or not with regard to G.O.Ms.No.438, dated 21.11.1995. In this regard, the petitioner has not at all advanced any arguments as to the illegality or otherwise of the impugned order. Therefore, we do not see any infirmity either legal or otherwise in the impugned order, so as to call for any interference by this Court under Article 226 of the Constitution of India. Therefore, the writ petition is devoid of merits and the same is liable to be dismissed. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ________________ V. ESWARAIAH, J _____________________ P. SWAROOP REDDY, J Date:22-06-2009 Prv/Ds