IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, TWENTYFIFTH DAY OF MARCH TWO THOUSAND AND TEN HON’BLE SRI JUSTICE GHULAM MOHAMMED AND HON’BLE SRI JUSTICE G. BHAVANI PRASAD W.P.No.6468 of 2010 Between: The Government of Andhra Pradesh, Reptd by its Secretary, Home Department and 2 others .. Petitioners AND K. Krishna Rao and another .. Respondents ORDER: (Per Hon’ble Sri Justice Ghulam Mohammed) Being aggrieved by the order dated 20-07-2007 of the Andhra Pradesh Administrative Tribunal (for short “the Tribunal”), whereby and whereunder, it remitted the matter to Disciplinary Authority to impose a proportionate punishment with respect to the charge levelled against the 1st respondent herein, the present writ petition is filed by the Government assailing the correctness of the order. The factual background for the writ petition is that the 1st respondent, while working in Bowenpally Police station, remained absent unauthorisedly from 05-04-1995 to 09-05-1995, for which two notices were sent to his residence through P.C.7842 to join duty immediately. On the report of PC 7842 that the 1st respondent vacated the house, the Inspector of Police, Bowenpally Police Station reported to the Department about his unauthorized absence, basing on which, the Deputy Commissioner of Police declared the 1st respondent through his letter dated 06-05-1995 as “Deserter” w.e.f. 05-04-1995. An article of charge was drawn against the 1st respondent for that allegation calling for his written statement, for which there was no response from the 1st respondent. As no explanation was offered, a departmental enquiry was ordered against the 1st respondent, which ultimately culminated into imposing a punishment of removal from service treating the period of absence from 5-4-1995 to 9-5-1995 as “Leave without pay”. An appeal as well as revision were preferred against that punishment, which were rejected, questioning which, the 1st respondent filed O.A.No.4270 of 2003 before the Tribunal. The Tribunal remitted the matter to the Disciplinary Authority holding that the punishment imposed was harsh and disproportionate to the charge levelled against the applicant. Challenging the said order, the present writ petition has been filed. Heard the learned Government Pleader for Services-I. Having regard to the facts and circumstances of the case and having heard the learned Government Pleader for Services, it is evident that harsh punishment was imposed against the 1st respondent without giving him any opportunity of hearing, and that too when he was not well due to T.B. and chest pain during the relevant period. There is no material on record about referring the 1st respondent to the Medical Board for examination by the Department to know about the veracity of his ill-health when he stated about his ill-health. More over, the enquiry conducted was an ex-parte enquiry without hearing the 1st respondent, without which no enquiry can be concluded. Had the 1st respondent attended the enquiry, he would have been imposed a lesser punishment in view of the nature of the allegation. The punishment imposed is not commensurate with the principles of natural justice. Under the circumstances, the Tribunal rightly remanded the matter by its order dated 20-07-2007 to the Disciplinary authority for imposition of appropriate punishment with respect to the charge levelled against the 1st respondent by setting the aside the impugned orders of removal from service, from which we do not find any legal infirmity or illegality calling for interference by this Court in exercise of restricted judicial review. Accordingly, the writ petition is dismissed. _____________________ GHULAM MOHAMMED, J _____________________ G. BHAVANI PRASAD, J Date: 25-03-2010 Ksn