THE HONOURABLE SRI JUSTICE B.PRAKASH RAO AND THE HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No.1985 of 2002 Dated 23rd September 2009 Between: Chief General Manager The singareni Collieries Company Ltd., Manuguru (P), Khammam District and others …Appellants And Shaik Imam s/o Mohammed Sab Aged 41 years, R/o Bandarugudem, Manuguru mandal, Khammam Dist … Respondents THE HONOURABLE SRI JUSTICE B.PRAKASH RAO AND THE HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No.1985 of 2002 JUDGMENT: (Per the Ho’nble Sri Justice Sanjay Kumar) This writ appeal is filed against the order dated 31-10-2002 in W.P.No.19042 of 2001, whereby the learned Single Judge set aside the punishment of reversion imposed by the Singareni Collieries Company Limited upon the writ petitioner and directed it to consider the matter afresh for imposition of any other appropriate punishment. The learned Single Judge also imposed costs quantified at Rs.25,000/-. Aggrieved thereby, the officials of the Singareni Collieries Company Limited are in appeal. It is stated on behalf of the appellants that after the passing of the order in the writ petition, the writ petitioner was removed from service pursuant to separate disciplinary proceedings. The only issue that remains for consideration presently is the imposition of costs upon the appellants. Learned counsel for the appellants contended that the facts did not justify the imposition of costs of Rs.25,000/-. It is to be noticed that the writ petitioner did not assail the penalty imposed upon him on the ground that he was innocent or that there was any infirmity in the enquiry. The learned Single Judge found fault with the attitude of the officials of the Singareni Collieries Company Limited in permitting the writ petitioner, who was guilty of gross misconduct, to escape the rigor of disciplinary punishment on more than one occasion and therefore, imposed costs on the appellants. However, as it is brought to our notice that the writ petitioner was removed from service pursuant to the disciplinary proceedings initiated against him regarding separate charges, it is clear that there was no attempt on the part of the Singareni Collieries Limited to shield the writ petitioner from the rigor of disciplinary action. We therefore find that the imposition of costs upon the appellants is not justified. The order under appeal is accordingly modified only to the extent of setting aside the direction of the learned Single Judge to pay costs quantified at Rs.25,000/-, of which a sum of Rs.10,000/- was to be paid to the respondent-writ petitioner and a sum of Rs.15,000/- to the Secretary, A.P. Legal Services Authority, Hyderabad. The appeal is partly allowed. There shall be no order as to costs. _________________ B.PRAKASH RAO,J _________________ SANJAY KUMAR,J Dt: 23-09-2009 Grk*