IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE S. ASHOK KUMAR WRIT PETITION NO : 7756 of 2007 Between: 1 The Government of Andhra Pradesh rep by Principal Secretary to Government, Home (Ser.II) Department, Hyderabad 2 The Director General Of Police, A.P. Lakidikapul, Hyderabad. 3 The Deputy Inspector General of Police, Hyderabad Range, Hyderabad. .....PETITIONERS AND Qayam Khan S/o Fateh Naseeb Khan r/o H. No. 17-9-608/4/1, Chawninadeali baig yakutpura Hyderabad. .....RESPONDENT 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 an appropriate Writ or direction more particularly one in the nature of Writ of Certiorari" calling for the records connected charge the order 24-8-2006 passed in O.A. No. 8342/2005 on the file of Hon'ble APAT Hyderabad and to quash the same as erroneous and contrary to law.. Counsel for the Petitioners:GP FOR SERVICES I Counsel for the Respondent : MR.G.VIDYASAGAR The Court made the following : THE HON’BLE Smt. JUSTICE T.MEENA KUMARI AND THE HON’BLE SRI JUSTICE S. ASHOK KUMAR W.P. No. 7756 of 2007 O R D E R: (Per THE HON’BLE Smt. JUSTICE T.MEENA KUMARI) This writ petition is filed against the order dated 24.8.2006 passed by the A.P. Administrative Tribunal in O.A. 8342 of 2005. Heard the learned Government Pleader for Services-I and Sri G. Vidyasagar, learned counsel appearing for the respondent. By the impugned order, the Tribunal directed the petitioners herein to treat the suspension period of the respondent as on duty and to issue notice and pass appropriate orders with regard to the period during which the respondent was out of service after dismissal from service till the date of reinstatement. Though the learned Government Pleader sought to contend that the order passed by the Tribunal is erroneous and therefore it is liable to be set aside, a perusal of the material available on record discloses that the period during which the respondent herein was under suspension was from 1.2.1997 to 31.7.1997 and, therefore, it was prior to issuance of G.O.Ms.No.214 dated 22.12.1997 by which the proviso to G.O.Ms.No. 238 dated 7.4.1992 was omitted. The said proviso stipulates that where the departmental proceedings against an employee placed under suspension for the imposition of major penalty finally end with the imposition of a minor penalty, then the suspension can be said to be wholly unjustified and such employee should be paid full pay and allowances for the period of suspension by passing an appropriate order. In the light of the fact that the departmental proceedings initiated against the respondent have been ended by awarding the punishment of Censure, i.e. minor penalty, and also in view of the fact that the period of suspension was prior to omission of the proviso to G.O.Ms. 238 dated 7.4.1992, the Tribunal rightly held the period of suspension as on duty and that the respondent – applicant is entitled to full pay and allowances during the said suspension period and we do not find any error or legal infirmity in the said order passed by the Tribunal. Further, no material is placed before us also to show that the respondent was given any notice to treat the period during which the respondent remained out of service i.e. from the date of dismissal till his reinstatement, as not on duty, as required under F.R. 54-B. In such view of the matter, keeping in view the principles of natural justice, the Tribunal rightly remanded the matter on that aspect to pass appropriate orders in accordance with law, duly putting the respondent – applicant on notice. Having perused the material available on record, we do not find any reason to interfere with the order passed by the Tribunal. We find no merit in this writ petition. It is accordingly dismissed. T. MEENA KUMARI, J. S. ASHOK KUMAR, J. Date: 26-03-2008. MVB.