HON’BLE SRI JUSTICE C.V. RAMULU W.P.No. 9935 of 2009 and C.C.No.859 of 2009 Date: 18-02-2011 W.P.No.9935 of 2009: Between: Khaja Shamshuddin Gazi …………. Petitioner And A.P. State Civil Supplies Corporation Limited and others …………. Respondents HON’BLE SRI JUSTICE C.V. RAMULU W.P.No.9935 of 2009 and C.C.No.859 of 2009 COMMON ORDER: It appears, the documents were directed to be furnished to the petitioner by order of this Court, dated 06-12-2007 in W.P.No.25982 of 2007, the operative portion of which reads as under: “In view of the aforementioned facts and circumstances, the 1st respondent is directed to consider if there is any necessity of continuing the petitioner under suspension any further and also consider the payment of 75% of the salary as subsistence allowance to the petitioner immediately from the date of completion of six months of suspension period, and pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order, and communicate the same to the petitioner. Further, the respondents are directed to complete the enquiry within a period of four months from the date of receipt of a copy of this order and, if, for any reason, the enquiry is not completed within four months, they shall reinstate the petitioner into service and proceed with further enquiry as per the law. Further, the petitioner is at liberty to file an application before the respondents enumerating the documents required by him for facing the enquiry, and on filing such an application, the respondents shall provide the xerox copies of those documents to the petitioner, and unless and until the documents are furnished to the petitioner, the enquiry shall not be proceeded further. However, even before the documents could be furnished, the respondents passed the order of dismissal from service on 05-05-2009. This itself, prima facie, amounts to contempt. Aggrieved by the said order of dismissal, dated 05-05-2009, the petitioner had already filed W.P.No.9935 of 2009. In view of the above fact, the impugned order, dated 05-05-2009 in W.P.No.9935 of 2009 does not sustain. The petitioner deserves an opportunity to be given to represent in the enquiry after the documents are furnished. Therefore, the impugned order, dated 05-05-2009 is illegal and arbitrary and liable to be set aside and accordingly set aside. W.P.No.9935 of 2009 is accordingly allowed. No costs. In view of the orders passed in W.P.No.9935 of 2009, the contempt case is closed. It is open for the respondent-corporation to proceed with the enquiry and pass appropriate orders, as per law. ________________ C.V. RAMULU, J Date: 18-02-2011 YCR