IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD TUESDAY , THE TWENTY EIGHTH DAY OF FEBRUARY, TWO THOUSAND AND TWELVE :PRESENT: THE HONOURABLE SRI JUSTICE V. ESWARAIAH AND THE HONOURABLE SRI JUSTICE K.G.SHANKAR W.P.No. 216 of 2012, W.P.No. 11806 of 2009, W.P.No. 12703 of 2009, W.P.No. 13567 of 2009, W.P.No. 1682 of 2012 & W.P.Nos. 1275, 3139, 2274, 4287 of 2012. W.P.No. 216 of 2012 :- Between:- 1.The State of Andhra Pradesh, Represented by its Secretary, Municipal Administration Department, Secretariat Buildings, Hyderabad. 2.The Commissioner and Director of Municipal Administration, Government of A.P., Hyderabad. 3.The Regional Director-cum-Appellate Commissioner of Municipal Administration, A.C. Guards, Hyderabad. ..... Petitioners. AND 1.Khaja Khamruddin S/o. Mohd. Yakub, Working as Junior Assistant, (dismissal from service), R/o H.No. 2-19-27/A/7, Phoolbagh, Kalpattar, Hyderabad. 2.The Commissioner, Mahabubnagar Municipality, Mahabubnagar District. 3.The Deputy Commissioner, Uppal Circle, GHMC, Hyderabad. 4.The Andhra Ptadesh Administrative Tribunal, Hyderabad, represented by its Registrar, Purana Haveli, Hyderabad. (No relief is sought against the respondents 2 and 3) .....Respondents. Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Certiorari call for the records relating to and connected with the order of Andhra Pradesh Administrative Tribunal, Hyderabad dated 11.08.2011 made in O.A. No. 592/2010 and to quash or set aside the same. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Govt. Pleader for Services-I on behalf petitioners. W.P.No. 11806 of 2009 :- Between: Mirza Rahimutullah S/o.Mirza Salam Baigh, Working as Bill Collector, Mahabubnagar Municipality, Mahabubnagar, Mahabubnagar District .....Petitioner AND 1.The State of A.P., rep. by its Secretary, Municipal Administration, Secretariat, Hyderabad. 2.The Commissioner and Director of Municipal Administration, AC Guards, Hyderabad. 3.The Regional Director-cum-Appellate Commissioner of Municipal Administration, AC Guards, Hyderabad. 4.The Commissioner, Mahabubnagar Municipality, Mahabubnagar District. 5.The Mahabubnagar Council, Mahabubnagar Municipality, Rep. by its Chairperson, Mahabubnagar District. .....Respondents. Contd…2… - 2 - Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a writ, order or direction, more particularly, one in the nature of Writ of Mandamus to calling for the records relating to the orders passed by the AP Administrative Tribunal in OA.No. 10277/2008, dt 31-3-2009 and declare the same as illegal, arbitrary and further direct the respondents to regulate the period from 25-6-1991 to till the petitioner has been reinstated into service on 29-11-2006 in terms of Fundamental Rules duly extending all the attendant benefits. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI P. RAGHAVENDER REDDY, Advocate for the Petitioner and of the Govt. Pleader for Municipal Administration on behalf of respondent Nos. 1 to 3 and of Sri S. Nageswara Reddy-SC on behalf of respondent Nos. 4 & 5. W.P.No. 12703 of 2009 : Between:- 1.The State of A.P., Rep. by its Secretary, Municipal Administration Department, Secretariat Buildings, Hyderabad. 2.The Commissioner and Director of Municipal Administration, A.C. Guards, Hyderabad. 3.The Regional Director-Cum-Appellate Commissioner of Municipal Administration, A.C. Guards, Hyderabad. 4.The Commissioner, Uppal Kalan Municipality, Ranga Reddy District. ..... Petitioners. AND Khaja Khamaruddin, Working as Junior Assistant, G.H.M.C. Uppal Circle, Hyderabad, R/o. Mahabubnagar , Mahabubnagar District. .....Respondent. Petition under Article 226 of the Constitution of India, praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Certiorari and call for records relating to and connected with Order of A.P. Administrative Tribunal dt. 27-11-2008 made in OA No. 6329 of 2006 and quash or set aside the same and pass. The petition coming on for hearing and upon perusing the Petition and the affidavit filed in support thereof and the order of the High Court dated 29-06- 2009 made in WPMP.No. 16430 of 2009 and order dt. 4-8-2009 made in WVMP.No. 2172 of 209 and upon hearing the arguments of the Govt. Pleader For Services-I on behalf of the Petitioners and of Sri P. Raghavender Reddy, Advocate for respondent. W.P.No. 13567 of 2009 :- Between:- 1.The State of Andhra Pradesh, rep. by its Secretary, Municipal Administration Department, Secretariat Buildings, Hyderabad. 2.The Commissioner and Director of Municipal Administration, A.C. Guards, Hyderabad. 3.The Regional Director-cum-Appellate Commissioner of Municipal Administration, A.C. Guards, Hyderabad. 4.The Commissioner, Kapra Circle, GHMC, Hyderabad. 5.The Commissioner, Sadasivpet, Municipality, Medak District. ..... Petitioners. AND N. Pavan Kumar, Working as Junior Assistant, Kapra Circle, GHMC, Hyderabad District. .....Respondent Contd…3… - 3 - Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue an appropriate Writ or direction more particularly one in the nature of “Writ of Certiorari” calling for the records relating to and connected with order of A.P. Administrative Tribunal dt. 27.11.2008 made in O.A.No.792/2007 and to quash or set aside the same. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the order of the High Court order dated 8-7-2009 made in WPMP.No. 17651 of 2009 and order dt. 4-8-2009 made in WVMP.No. 2173 of 2009 and upon hearing the arguments of GP FOR SERVICES I on behalf of the petitioners and of Sri P. Raghavender Reddy, Advocate for respondent. W.P.No. 1682 of 2012 :- Between: 1.The Commissioner, Mahabubnagar Municipality, Mahabubnagar District. 2.The Municipal Council, Mahabubnagar Municipality, rep by its Special Officer, Mahabubnagar District. ..... Petitioners AND 1.Mirza Rahimtullah Baig S/o. Mirza Sallam Baig, Working as Bill Collector In Mahabubnagar Municipality, R/o 4-1-20, Ramaiah Bowli, Mahabubnagar, Mahabubnagar District. 2.The State of Andhra Pradesh, rep by its Secretary, Municipal Administration Department, Secretariat Buildings, Hyderabad. 3.The Commissioner & Director of Municipal Administration, AC Guards, Hyderabad. 4.The Regional Director-cum-Appellate Commissioner of Municipal Administration, AC Guards, Hyderabad. 5.Andhra Pradesh Administrative Tribunal, rep by its Registrar, Puranihaveli, Hyderabad. .....Respondents. Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Certiorari and call for records relating to and connected with order of the A.P. Administrative Tribunal, dated 11.08.2011 passed in O.A.No.596 of 2010 and quash or set aside the same. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Smt SANTHI NEELAM(SC FOR MC,TELANGANA) for the Petitioners and of the Govt. Pleader for Municipal Administration on behalf of respondent Nos. 2 to 4. W.P.No. 1275 of 2012 :- Between:- 1.The State of Andhra Pradesh rep. by its Secretary, Municipal Administration Department,, Secretariat Buildings, Hyderabad. 2.The Commissioner and Director of Municipal Administration, Govt. of A.P.,, Hyderabad. 3.The Regional Director-cum-Appellate Commissioner of Municipal Administration, A.C. Guards, Hyderabad. ..... Petitioners. Contd…..4… - 4 - AND 1.N. Pavan Kumar S/o. N. Narasimhulu, Working as Junior Assistant, (dismissed from service), H.No. 8-3-53, Motigadda, Panchayatraj Colony, Mahabubnagar, Mahabubnagar District. 2.The Commissioner, Mahabubnagar Municipality, Mahabubnagar District. 3.The Zonal Commissioner, East Zone, GHMC, Hyderabad. 4.The Andhra Pradesh Administrative Tribunal, Hyderabad, Rep. by its Registrar, Purani Haveli, Hyderabad. (No relief is sought against the respondents 2 and 3) .....Respondents. Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Certiorari call for the records relating to and connected with the order of Andhra Pradesh Administrative Tribunal, Hyderabad dated 11.08.2011 made in O.A. No. 12893/2009 and to quash or set aside the same. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of the GP FOR SERVICES-I Advocate for the Petitioners and of Sri P. Raghavender Reddy, Advocate for respondent No.1. W.P.No. 2275 of 2012 :- Between:- Mirza Rahimtullah Baig S/o. Mirza Salam Baig, Bill Collector, (dismissal from service), Mahabunnagar Municipality, R/o. 4-1-20, Ramaiah, Bowli, Mahabubnagar, Mahabubnagar District. ..... Petitioner AND 1.The Government of Andhra Pradesh, Rep by its Secretary, Municipal Administration Department, Secretariat Buildings, Hyderabad. 2.The Commissioner and Director of Municipal Administration, A.C. Guards, Hyderabad - 500 004. 3.The Regional Director-cum-Appellate Commissioner of Municipal Administration, A.C. Guards, Hyderabad - 500 004. 4.The Commissioner, Mahabubnagar Municipality, Mahabubnagar District-509 001. 5.The Municipal Council, Rep by its Chairperson Mahabubnagar Municipality, Mahabubnagar- 509 001. 6.A.P. Administrative Tribunal, Rep by its Registrar, Hyderabad. .....Respondents. Petition under Article 226 of the Constitution of India, praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus and to call for the records relating to and connected with order of the A.P. Administrative Tribunal, dt. 11.8.2011 passed in OA.No. 596 of 2010 and quash or set aside the same to the extent of denying the back wages and attendant benefits and further direct the respondents to release the full back wages and all attendant benefits to the petitioner herein. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI P. RAGHAVENDER REDDY, Advocate for the Petitioner and of the Govt. Pleader for Services-I on behalf of respondent Nos. 1 to 3 & 6, Smt Santhi Neelam-SC on behalf of respondent Nos. 4 & 5. Cond…5…. - 5 - W.P.No. 3139 of 2012 :- Between:- 1.The State of Andhra Pradesh, rep. by its Secretary Municipal Administration Department, Secretariat Buildings, Hyderabad. 2.The Commissioner and Director of Municipal Administration, Government of A.P., Hyderabad. 3.The Regional Director cum Appellate Commissioner of Municipal Administration, A.C.Guards, Hyderabad. ..... Petitioners. AND 1.B. Narasimha Rao, Working as Junior Assistant, (dismissal from service), Qutubullapur Circle, GHMC R/o.H.No.1-5-120, Old Alwal, Secunderabad. 2.The Commissioner, Mahabaubnagar Municipality, Mahabubnagar District. 3.The Andhra Pradesh Administrative Tribunal, Hyderabad, represented by its Registrar, Purana Haveli, Hyderabad. (No relief is sought against the 2nd respondent) .....Respondents. Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of Certiorari call for the records relating to and connected with the order of Andhra Pradesh Administrative Tribunal, Hyderabad dated 14.10.2011 made in OA.No.12675/2009 and to quash or set aside the same. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of the GP FOR SERVICES-I on behalf of the Petitioners. W.P.No. 2274 of 2012 :- Between:- Khaja Kamruddin S/o. Mohd. Yakub, Junior Assistant, [dismissal from service], GHMC, Uppal Circle, East Zone, Hyderabad. R/o H.No.2-19-27/A/7, Poolbagh, R/o H.No.2-19-27/A/7, Poolbagh, Kalapattar, Hyderabad. ..... Petitioner AND 1.The Government of Andhra Pradesh rep by its Secretary, Municipal Administration Department, Secretariat Buildings, Hyderabad. 2.The Commissioner and Director of Municipal Administration, A.C. Guards, Hyderabad - 500 004. 3.The Regional Director-cum-Appellate Commissioner of Municipal Administration, A.C. Guards, Hyderabad - 500 004. 4.The Commissioner, Mahabubmagar Municipality, Mahabubnagar District - 509 001. 5.The Deputy Commissioner, Uppal Circle, GHMC., Hyderabad -500 004. 6.A.P. Administrative Tribunal, rep by its Registrar, Hyderabad. .....Respondents. Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus and to call for the records relating to and connected with order of the A.P. Administrative Tribunal, dated:11.08.2011 passed in O.A.No. 592 of 2010 and quash or set aside the same to the extent of denying the back wages and attendant benefits and further direct the respondents to release the full back wages and all attendant benefits to the petitioner herein. Contd….6… - 6 - The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI P. RAGHAVENDER REDDY Advocate for the Petitioner and of the Govt. Pleader for Municipal Administration on behalf of respondent Nos. 1 to 3 & 6 and of Sri C. Damodhar Reddy-SC on behalf f respondent Nos. 4 & 5. W.P.No. 4287 of 2012 :- Between:- B. Narsimha Rao, S/o B. Jankirama Rao, Junior Assistant in Qutubullahpur Circle, [dismissal from service] GHMC., Hyderabad, R/o H.No.1-5-120, Old Alwal, Secunderabad. ..... Petitioner AND 1.The Government of Andrha Pradesh rep by its Secretary, Municipal Administration Department, Secretariat Buildings, Hyderabad. 2.The Commissioner and Director of Municipal Administration, A.C. Guards, Hyderabad - 500 004. 3.The Regional Director-cum-Appellate Commissioner of Municipal Administration, A.C. Guards, Hyderabad -500 004. 4.The Commissioner, Mahabubnagar Municipality, Mahabubnagar District - 509 001. 5.The AP Administrative Tribunal, Purana Haveli, Hyderabad, Rep. by its Registrar. .....Respondents. Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a writ, order or direction, more particularly, one in the nature of Writ of mandamus calling for the records relating to the OA No.12675/2009, dt.14.10.2011 passed by the AP Administrative Tribunal and quash or set aside the same to the extent of denying the back wages and attendant benefits and further direct the respondents to release the full back wages and all attendant benefits to the petitioner from the date of dismissal from service till the date of reinstatement. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI P. RAGHAVENDER REDDY Advocate for the Petitioner and of the Govt. Pleader for Municipal Administration on behalf of respondent Nos. 1 to 3 and 5, Smt Shanti Neelam-SC on behalf of respondent No.4, the Court made the following ORDER :- “After arguing at length, the learned counsel for the respondent/delinquent officer in all the writ petitions submitted that if the matter is remanded for fresh enquiry, the enquiry may not be completed till the retirement of the delinquent officer in all the writ petitions, as one of them has already retired from service and out of three persons, one is going to retire within six months and another within one year and four months and another one is having some service. Therefore, they have suggested for modification of the punishment of dismissal from service imposed by the Disciplinary Authority, which was set aside by the Andhra Pradesh Administrative Tribunal, Hyderabad, vide order dated 11.08.2011 passed in O.A.No. 592 of 2010 and batch. It is emerged that the main person who is involved in the misappropriation of the tax amount is the Commissioner of Municipality and he has already retired from service. Initially the punishment of 5% cut in the pension was said to have been imposed on him and it was also said to have been exonerated subsequently. Contd…7… - 7 - Under these circumstances, we are of the opinion that imposition o f punishment of compulsory retirement on the delinquent officers concerned instead of dismissal from service would meet the ends of justice. The matter is adjourned by two weeks so as to enable the Government as well as the respondent/delinquent officer in all the writ petitions to submit their views in writing in this regard. Office is directed to communicate this order to both the parties.” ASSISTANT REGISTRAR //TRUE COPY// For ASSISTANT REGISTRAR To 1.The Secretary, State of Andhra Pradesh, Municipal Administration Department, Secretariat Buildings, Hyderabad. 2.The Commissioner and Director of Municipal Administration, A.C. Guards, Government of A.P., Hyderabad. 3.The Regional Director-cum-Appellate Commissioner of Municipal Administration, A.C. Guards, Hyderabad. 4.Khaja Khamruddin S/o. Mohd. Yakub, Working as Junior Assistant, (dismissal from service), R/o H.No. 2-19-27/A/7, Phoolbagh, Kalpattar, Hyderabad. 5.The Registrar, Andhra Ptadesh Administrative Tribunal, Hyderabad, Purana Haveli, Hyderabad. 6.The Commissioner, Mahabubnagar Municipality, Mahabubnagar District. 7.The Chairperson, Mahabubnagar Council, Mahabubnagar Municipality, Mahabubnagar District. 8.The Commissioner, Uppal Kalan Municipality, Ranga Reddy District. 9.Khaja Khamaruddin, Working as Junior Assistant, G.H.M.C. Uppal Circle, Hyderabad, R/o. Mahabubnagar , Mahabubnagar District. 10.The Commissioner, Kapra Circle, GHMC, Hyderabad. 11.The Commissioner, Sadasivpet, Municipality, Medak District. 12.Pavan Kumar, Working as Junior Assistant, Kapra Circle, GHMC, Hyderabad District. 13.The Special Officer, Municipal Council, Mahabubnagar Municipality, Mahabubnagar District. 14.Mirza Rahimtullah Baig S/o. Mirza Sallam Baig, Working as Bill Collector in Mahabubnagar Municipality, R/o 4-1-20, Ramaiah Bowli, Mahabubnagar, Mahabubnagar District. 15.N. Pavan Kumar S/o. N. Narasimhulu, Working as Junior Assistant, (dismissed from service), H.No. 8-3-53, Motigadda, Panchayatraj Colony, Mahabubnagar, Mahabubnagar District. 16.Khaja Kamruddin S/o. Mohd. Yakub, Junior Assistant, [dismissal from service], GHMC, Uppal Circle, East Zone, Hyderabad. R/o H.No.2-19-27/A/7, Poolbagh, R/o H.No.2-19-27/A/7, Poolbagh, Kalapattar, Hyderabad. 17.B. Narasimha Rao, Working as Junior Assistant, (dismissal from service), Qutubullapur Circle, GHMC R/o.H.No.1-5-120, Old Alwal, Secunderabad. Contd….8.. - 8 - 18.Two CCs to the G.P. for Municipal Administration, High Court of A.P., Hyd.(OUT) 19.Two CCs to the G.P. for Govt. Pleader for Services-I, High Court of A.P., Hyd.(OUT) 20.One CC to Sri S. Nageswara Reddy, Advocate(OPUC) 21.One CC to Sri P. RAGHAVENDER REDDY, Advocate(OPUC) 22.One CC to Smt SANTHI NEELAM, Advocate(OPUC) 23.One CC to Sri C. Damodhar Reddy, Advocate(OPUC) 24.Two spare copies. TKK HIGH COURT VE.J & KGS.J DT.28-02-2012. ORDER W.P.No. 216 of 2012, W.P.No. 11806 of 2009, W.P.No. 12703 of 2009, W.P.No. 13567 of 2009, W.P.No. 1682 of 2012 & W.P.Nos. 1275, 3139, 2274, 4287 of 2012. D I R E C T I O N DRAFTED BY TKK DT.01-03-2012. HIGH COURT VE.J & KGS.J DT.28-02-2012. ORDER W.P.No. 216 of 2012, W.P.No. 11806 of 2009, W.P.No. 12703 of 2009, W.P.No. 13567 of 2009, W.P.No. 1682 of 2012 & W.P.Nos. 1275, 3139, 2274, 4287 of 2012. D I R E C T I O N