IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT PETITION NO : 494 of 2009 Between: M.Kiran Kumar S/o. Sri M.Jagadeeshwar Nuclear Fuel Complex ECIL(PO) Hyderabad-500062 ..... PETITIONER AND 1 The Union of India rep.by its Secretary to Government Department of Atomic Energy Central Secretariat New Delhi 2 The Chief Executive N.F.C Dept of Atomic Energy E.C.I.L Po Hyderabad-500062 (Revisionary Authority) 3 The Depuuty Chief Executive(A) N.F.C Dept of Atomic Energy E.C.I.L PO Hyderabad-500062 (Appellate Authority) 4 The Administrative Officer N.F.C Dept of Atomic Energy E.C.I.L Po Hyderabad-500062 Disciplinary Authority) .....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 direction in the nature of writ of Mandamus declare the order dt 27-8-2008 passed in O.A No.845/2004 by the Central Administrative Tribunal Hyderabad Bench along with orders No.NFC/Vig/1/(01)/5925/335 dt 31st July 2003No.NFC/Vig/1/5925/563 dt 15th March 2004 and No.NFC/vig/1(01)/5925/616 dt 28th May 2004 issued by the respondents 2to 4 as illegal arbitrary and unconstitutional and set aside the same by holding that the applicant is entitled for reinstatement with all consequential benefits sush as seniority etc and pass Counsel for the Petitioner:MR.VEMURIVENKATESWARA RAO Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : ORDER: (Per Sri Justice GHULAM MOHAMMED) The learned counsel appearing for the petitioner submits that the matter is squarely covered by the judgment of this Court reported in K. SURI BABU AND ANOTHER VS. NUCLEAR FUEL COMPLEX, HYDERABAD AND OTHERS[1], wherein a Division Bench of this Court allowed the matter and set aside the order of the Central Administrative Tribunal, Hyderabad Bench, the relevant portion of which reads as under: “In the result, both the writ petitions are allowed and the orders of the Central Administrative Tribunal, Hyderabad Bench in O.A.No. 101 of 2008, dated 19.2.2008 are set aside and the disciplinary action initiated against the writ petitioners under Central Civil Services (Classification, Control and Appeal) Rules, 1965 is also set aside. However, it is open to the respondents to take afresh such further action they may desire and decide to take in respect of the subject matter of such disciplinary proceedings under the Certified Standing Orders under the Industrial Employment (Standing Orders) Act, 1946 applicable to the petitioners”. Following the above judgment, this Writ Petition is allowed setting aside the order dated 27.8.2008 in O.A.No. 845 of 2004 and the Orders dated 15.3.2004 and 28.5.2004 passed by the respondents. However, this order does not preclude the authorities from initiating proceedings against the petitioner under the Industrial Employment (Standing Orders) Act, 1946. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J ______________________________ SANJAY KUMAR, J Dt. 22.1.2009 KA ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Union of India rep.by its Secretary to Government Department of Atomic Energy Central Secretariat New Delhi 2 The Chief Executive N.F.C Dept of Atomic Energy E.C.I.L Po Hyderabad-500062 (Revisionary Authority) 3 The Depuuty Chief Executive(A) N.F.C Dept of Atomic Energy E.C.I.L PO Hyderabad-500062 (Appellate Authority) 4 The Administrative Officer N.F.C Dept of Atomic Energy E.C.I.L Po Hyderabad-500062 Disciplinary Authority) 5. 2 CD copies [1] 2008 (6) ALT 390 (D.B)