IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GHULAM MOHAMMED and THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 26646 of 1999 Between: 1 The Government of Andhra Pradesh Rep. by its Secretary to Government, Health, Medical & Family Welfare Department, Secretariat, Hyderabad. 2 The Director of Medical Education, Andhra Pradesh, Koti, Hyderabad. ..... PETITIONERS AND Dr. S.Sanjeeva Rao, Civil Assistant Surgeon formerly Assistant Professor of Surgery, K.M.C., Warangal and Assistant Surgeon, MGM Hospital, Warangal. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to call for the records and issue Writ, order or directions more particularly a Writ in the nature of CERTIORARI and quash the orders passed by Andhra Pradesh Administrative Tribunal, Hyderabad, in O.A.No.1680/95, dt:18-8-1999 and declare the same as null and void and against the principle of Law and Justice and pass such other order or orders may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner: GP FOR SERVICES I Counsel for the Respondent : None The Court made the following : ORDER :: THE HON’BLE SRI JUSTICE GHULAM MOHAMMED & THE HON’BLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.26646 of 1999 ORDER: ( per Hon’ble Sri Justice C.V. Ramulu ) This writ petition is ﬁled against the order dated 18-8-1999 passed in OA No.1680 of 1995 and OA No.2481 of 1995 by the Andhra Pradesh Administrative Tribunal, Hyderabad. This writ petition is concerned in so far it relates to the facts in issue in OA No.1680 of 1995. 2. It appears, the respondent herein while working as Civil Assistant Surgeon applied for leave for taking employment in Islamic Republic of Iranian Government and accordingly the 1st petitioner i.e. the Government of AP represented by its Secretary to Government, Health, Medical & Family Welfare Department, Hyderabad, accorded permission to the respondent vide GO Rt. No.1332, dated 28-7-1986 and the 2nd petitioner i.e. the Director of Medical Education, Koti, Hyderabad, also issued no objection certiﬁcate to take up employment in Iran for a period of two years. However, it is stated that the respondent did not turn up after completion of the two years from Iran nor he sent any application for extension of leave. Unfortunately, the respondent returned to India in the year 1995 and sought for posting and the reason explained by him was that he sought for permission to relieve him after completion of contract period from the authorities of Islamic Republic of Iran, but they did not leave him immediately. In the meanwhile, as per the procedure in vogue, the respondent was issued with charge sheet and further a show cause notice was issued to the last address furnished by the respondent and thereafter an ex-parte enquiry was conducted against the respondent and he was removed from service for his un-authorized absence. Admittedly, no notice could be served on the respondent as he was away and his changed address was not available with the petitioners. However, the disciplinary proceedings etc. were published in the gazette for the purpose of general knowledge of the public. Aggrieved by the said order of removal, the respondent filed the above OA. 3. The Tribunal, while appreciating the facts, noted the failure on the part of the petitioners herein in not taking steps to serve the respondent and not aﬀording an opportunity to him before imposing the major punishment of removal from service by conducting the ex-parte enquiry. It was also observed by the Tribunal that the petitioners ought to have taken steps to get the charge sheet and other documents served on the respondent at Iran through Indian Embassy with the assistance of Government of Iran and failure on the part of the petitioners in not taking such steps and holding an ex- parte enquiry and imposing major punishment of removal from service was not in accordance with rules and law. It was also observed that since the respondent was not relieved by the Iranian government immediately after completion of the contract period, he could not report to duty and under those circumstances directed to reinstate him by giving him posting orders forthwith treating the unauthorized absence period as leave to which the respondent is eligible under the rules. Assailing the same, this writ petition is ﬁled by the oﬃcial respondents in the OA. 4. Heard the learned Government Pleader for Services- I and perused the impugned order. None appeared for the respondent-applicant, though notice is served. 5. At the out set, the ﬁnding recorded by the Tribunal does not inspire the confidence of this Court. The Tribunal ought not to have accepted an irrational plea taken by the respondent that because the Iranian Government has not relieved him in time, therefore, he could not report back to duty after completion of the two years period of contract, based on a certiﬁcate produced by him to that effect. When once the respondent has obtained permission to work outside the country, he was duty bound to keep informed the petitioners of his change of address and there was no eﬀort on his part atleast to make a request seeking extension of leave explaining the circumstances in which he was placed. In the absence of any request made by the respondent seeking extension of his leave nor he informed of his change of his address, indicates his callous attitude. It is not that the respondent was straightaway removed from service, but in fact the petitioners have resorted to such a course of action after following the procedure and under those circumstances, the Tribunal ought not to have set aside the order of removal of the respondent from service. 6. In the circumstances, the order passed by the Tribunal in OA No.1680 of 1995 is set aside and the writ petition is accordingly allowed. No costs. ______________________ Ghulam Mohammed, J ______________________ C.V. Ramulu, J Dated: 23-7-2008 Nrg. ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TML}