THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY W.P.No.26697 of 2010 ORAL ORDER: (per Sri Justice Goda Raghuram) Heard the learned Government Pleader for Services-I for the petitioners and Sri Gangaiah Naidu, learned senior counsel instructed by Sri G.Seena Kumar, learned counsel for respondent No.1. The State and the Respondents in O.A.No.10006 of 2008 preferred this writ petition against the order of the learned A.P. Administrative Tribunal dated 13.8.2010 allowing the application of the respondent No.1 herein; setting aside the charge memo dated 31.1.2008 and the consequential proceedings dated 3.9.2008 passed by the Commissioner of Police, Visakhapatnam. The State asserts several grounds to impeach the order of the Tribunal. Inter alia, it is contended that the O.A. is not maintainable since the State was not impleaded as respondent in the O.A. The applicant is required to implead the State and that has not been done and the petitioners 2 and 3 herein who are respondents 1 and 2 in the O.A. are mere State actors who may represent the State but do not constitute the State. For the aforesaid reason, the order of the Tribunal is unsustainable and is accordingly set aside. The other contentions urged by the petitioners to impeach the order of the Tribunal need to be gone into and nothing in this order shall be construed as expression by this Court on the merits of determination by the Tribunal in the O.A. It is made clear that the O.A. as framed is not maintainable. It is however open to the respondent-applicant to take steps to amend the cause title in the O.A. to bring it in conformity with law. The writ petition is accordingly allowed. No costs. _________________ GODA RAGHURAM, J ________________________ G.KRISHNA MOHAN REDDY, J Dated: 17-11-2011 DA