IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI. JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO : 5401 of 2009 Between: B.D.Vimala Kumari W/o.B.Sri Ramulu ICDS Project, Koyyur, Visakhapatnam District ..... PETITIONER AND The Regional Deputy Director, Women Development & Child Welfare Department, Visakhapatnam 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 will be pleased to issue a writ order or direction more particularly one in the nature of Certiorari under Article 226 of the Constitution of India calling for the records related to the order in OA.No.2256/2009 dated 19.2.2009 on the file of APAT., and set aside the same by declaring the proceedings No.1128/2008/A1 dated 2.1.2009 issued by the respondent as illegal, improper and arbitrary, and pass Counsel for the Petitioner:SMT.A.PADMA Counsel for the Respondent No.: GP FOR SERVICES II The Court made the following : THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO : 5401 of 2009 ORDER: (per Hon’ble Sri. Justice Ghulam Mohammed) This writ petition is filed by the petitioner seeking a direction in the nature of certiorari, to call for the records pertaining to the order passed in O.A.No:2256 of 2009 on 19.2.209 by the A.P.Administrative Tribunal and to set aside the same by declaring the proceedings No:1128/2008/A1, dated 2.1.2009 issued by the respondent as illegal. The petitioner is the applicant. She filed the O.A seeking to set aside the proceedings No:1128/2008/A1, dated 2.1.2009 issued by the respondent as illegal. The tribunal having observed that thorough enquiry has been conducted and sufficient material has been collected to substantiate the allegations, before placing the applicant under suspension and the allegations made against the applicant are serious in nature warranting suspension and the respondents have power under Rule 8 (1) of A.P.C.S. (CC & A) Rules to place the government Servant under suspension, dismissed the O.A. Having aggrieved by the same, the present writ petition is preferred by the applicant. Heard the learned counsel and perused the entire material available on record and the order impugned. Before going into the merits of the case, it is relevant to go through the contents of the proceedings dated 2.1.2009, which reads as under: “Where as the Government of A.P./undersigned being the competent authority (Appointing Authority) considered it necessary to place Smt.B.D.Vimalakumari, Supervisor Gr.I, ICDS Project, Koyyuru under suspension for not handing over complete charge and cash to the regular CDPO, ICDS Project, Nakkapalli, absconding from duties as supervisor, ICDS, Koyyuru without prior permission and her involvement in the activities of a political party, thus violated APCS (CCA) Rules 1991 and PCS (Conduct) Rules, 1964. Now, in exercise of powers conferred by sub rule (1) of rule 8 of A.P. Civil Service Rules 1991, the Government of A.P./undersigned (Appointing Authority) hereby place Smt.B.D.Vimalakumari under suspension from the date of communication of this and she shall continue to be under suspension in public interest until the conclusion of the disciplinary proceedings relating to the criminal charge.” The above proceedings prima facie make it clear that that the applicant has been involved in serious irregularities and thereby, she was placed under suspension in the public interest. The question as to whether she handed over charge of records and cash or not and whether she has participated in the political activities and whether it amounts to violation of the provisions of the A.P. (CCA) Rules or not, is a matter to be considered within the domain of the authorities, but not at this stage of the proceedings. At this stage, it is to be noted that it is well settled that the Courts will not interfere in a case of this nature, most particularly in the public interest unless it is found that enquiry is conducted by an officer, who lacks jurisdiction. In this view of the matter coupled with the present facts and circumstances of the case, We feel that the tribunal is justified in rejecting the claim of the applicant and therefore, the order of the tribunal does not warrant any interference by this Court. Hence, this writ petition is devoid of merits and as such, the same is liable to be dismissed. Accordingly, this writ petition is dismissed. No costs. __________________________ Justice Ghulam Mohammed ______________________ Justice Sanjay Kumar Dated: 19th March, 2009 gurc. THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO :5401 of 2009 (Order of the Division Bench delivered by the Hon’ble Sri. Justice Ghulam Mohammed) 19th March, 2009