THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 7307 of 2010 Dated: 7.4.2010 Between: A.P. Vaidhya Vidhan Parishad rep., by its Commissioner, Koti, Hyderabad ..PETITIONER And Dr.J. Sunel Babu and others ..RESPONDENTS This Court made the following: THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO :7307 of 2010 ORAL ORDER: (Per Hon’ble Sri. Justice Ghulam Mohammed) This writ petition is filed assailing the order dated 18.3.2010 passed by the A.P. Administrative Tribunal in O.A.No.10896 of 2009. 2. The writ petitioner is the 2nd respondent and the 1st respondent herein is the applicant before the Tribunal. For the sake of convenience, the status of the parties will hereinafter be referred to as arrayed in the O.A. 3. The applicant approached the Tribunal seeking to declare the order of the 2nd respondent-Vaidya Vidhana Parishad in proceedings Rc.No.4487/VCD/2008, dated 25.9.2009 suspending the applicant on the ground that he was not found on duty on 12.9.2009 during the surprise visit made by the Secretary, Health and Family Welfare Department, as illegal and arbitrary. 4. It is the case of the applicant that he attended duty on 12.9.2009 from 9 AM to 2 PM, conducted OP, attended 27 OP cases and admitted one case as inpatient and signed in the attendance register and stayed in the Hospital till 3 PM to visit inpatients. 5. Placing reliance on the judgment of this Court in P. Rajender Vs. Union of India[1] and having observed that merely because an official is absent on a particular day, it does not mean that his conduct is grave in nature and so, the action of the Commissioner, APVVP is hasty and unwise, the Tribunal interfered with the order of suspension of the applicant and allowed the O.A. and directed that the applicant shall be reinstated into service within three days from that day by issuing orders and sending the same by fax. Further, the Tribunal having noticed that interim order dated 6.10.2009 was not implemented by the authorities, issued a notice to the 2nd respondent under Rule 6 of APAT Contempt Rules, 1992 for disobedience of the orders of the Tribunal dated 6.10.2009. 6. Having aggrieved by the orders of the Tribunal in the above O.A., the 2nd respondent-Vaidya Vidhana Parishad filed the present writ petition. 7. Heard the learned Counsel and perused the material available on record. 8. The applicant was suspended on the ground that he was not found on duty on 12.9.2009 during the visits made by the Secretary, Health and Family Welfare Department. It is the case of the applicant that he was on duty on the said day and he attended OP patients and the suspension order was issued without issuing any show cause notice. 9. The contention of the applicant that the suspension order was issued without giving any show cause notice was not controverted. Be that as it may the suspension order was passed for the absence of only one day. Except that, no other allegation was made against the applicant. The applicant in the instant case is a Civil Assistant Surgeon. In a case of this nature, the powers must be exercised by the authority with great caution and care, but the suspension cannot be ordered on whimsical grounds in a routine manner. Further, such suspension cannot be imposed simply because the rules enable it and it cannot be resorted to as a measure of punishment without any application of mind to the relevant and attendant circumstances. 10. In view of the facts and circumstances of the case and regard being had to the findings of the Tribunal, We feel that the Tribunal has not exceeded its jurisdiction and the order impugned herein does not suffer from any illegality or irregularity warranting interference by this Court. 11. Accordingly, the writ petition is dismissed. No order as to costs. __________________________ Justice Ghulam Mohammed _______________________________ Justice Nooty Ramamohana Rao Date: 07.4.2010 Nn THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 7307 OF 2010 (Order delivered by Hon’ble Sri Justice Ghulam Mohammed) 07.04.2010 [1] 2001(5) ALD 290