IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE EIGHTH DAY OF JUNE TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED AND THE HON'BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No. 11596 OF 2011 Between: The State of Andhra Pradesh, Rep. by its Principal Secretary, Agriculture and Cooperation Department, Secretariat Buildings, Hyderabad and others ..... Petitioners AND Sri M. Venkateswar Rao and another .....Respondents The Court made the following : JUDGMENT: (per THE HON’BLE SRI JUSTICE GHULAM MOHAMMAD) Seeking a writ of certiorari to call for the records relating to the order, dated 01.10.2010 passed in O.A. No. 8352 of 2008 by the Andhra Pradesh Administrative Tribunal, Hyderabad and quash the same as erroneous, illegal and unreasonable, the respondents in the above O.A. filed this writ petition. The respondent herein – applicant in the O.A. filed the above OA seeking a direction to the petitioners herein to treat the period from 4.7.2005 to 27.10.2005 as leave and to pay leave salary by quashing the Memo dated 13.9.2005 passed by the second petitioner and the consequential order in appeal dated 25.6.2008. The respondent herein was posted as Mandal Agricultural Officer, Eturunagaram and as he suffered from sciatia lumboys, he submitted leave application on 4.7.2005, requesting for the grant of five days leave. He further submitted medical certificate, as he could not recover from illness till 18.10.2005. In the meanwhile, by proceedings dated 13.9.2005, charge of absconding from duty was framed against him. As directed, the respondent appeared before the Disciplinary Authority on 10.10.2005 and also reported to duty before the Joint Director of Agriculture, Warangal on 13.10.2005. The Commissioner and Director of Agriculture by Memo dated 24.10.2005 has admitted him to duty after expiry of medical leave and has allotted Warangal District. Subsequently, a charge memo was issued and after he submitted explanation, proceedings were issued imposing punishment of reduction of pay to lower stage in the time scale of pay for next five years. Appeal preferred by the respondent herein to the first petitioner was also rejected by order dated 25.6.2008. It is the case of the petitioners herein before the Tribunal that the respondent requested for sanction of leave on domestic affairs and by letters dated 8.8.2005, 16.8.2005 and 12.9.2005 he requested for sanction of commuted leave. The Tribunal by the order impugned has allowed the O.A. observing that the absence of the respondent from 2.7.2005 to 27.7.2005 (sic. 27.10.2005) cannot be treated as unauthorised absence, inasmuch as the respondent had applied for medical leave from time to time and the said period was subsequently regularised by the Joint Director. Consequently, it directed the petitioners to extend the consequential benefits to the respondent within a period of two months therefrom. Hence the present writ petition. Learned Government Pleader appearing for the petitioners vehemently contends that the Tribunal ought not to have relied upon the proceedings dated 27.1.2010 passed by the Joint Director of Agricultural, Warangal, who is incompetent to pass such an order. He further submits that disciplinary proceedings were initiating against him for exercising such powers and, therefore, the Tribunal ought not to have relied upon the order dated 27.1.2010 passed by the Joint Director of Agricultural, Warangal. The factual matrix is not in dispute. After arguing at length, both the counsel agreed that without reference to the order dated 27.01.2010 passed by the Joint Director of Agricultural, Warangal, the matter requires adjudication afresh, inasmuch as the said order was passed by an incompetent authority. In the facts and circumstances, while setting aside the impugned order, the O.A. is remanded back to the Tribunal, directing it to dispose of the same afresh, without reference to the order dated 27.01.2010 passed by the Joint Director of Agricultural, Warangal, as expeditiously as possible not later than one month from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. No order as to costs. ______________________ Justice Ghulam Mohammed ________________ Justice K.G.Shankar June 8, 2011 MAS