IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 273 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 12/02/2009 in WP NO : 12234 OF 2008 on the file of the High Court.) Between: Ch. Gopala Rao, S/o. Ramalingam, R/o. D.No.7-17-95, 4th lane, Srinagar , Guntur, Guntur District. ..... APPELLANT AND 1 Southern Power Distribution Company of A.P., Limited Corporate office, Tirupati, rep by its Chairman and Managing Director. 2 Southern Power Distribution Company of A.P., Limited Tirupati, rep by its Chief General Manager/HRD. 3 The superintending Engineer, Operation, APSPDCL, Guntur, Guntur District. 4 The Director General, ACB., Hyderabad. .....RESPONDENT(S) Counsel for the Appellant:MR.M.JANARDHAN RAO Counsel for the Respondent No.: P.R.BALARAMI REDDY(SC FOR AP TRANSCO) The Court made the following : HONOURABLE SMT. JUSTICE T. MEENA KUMARI & HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 273 of 2009 JUDGMENT: (Per Hon’ble Smt. Justice T. Meena Kumari) This appeal is preferred by the appellant against the order dated 12th February, 2009 passed by the learned single Judge in W.P. No.12234 of 2008. Appellant herein is the writ petitoner. The petitioner filed the writ petition in question seeking to declare the proceedings dated 27.5.2008 on the file of the 1st respondent-Southern Power Distribution Company of A.P., as illegal, arbitrary, unconstitutional and without jurisdiction. The learned single judge having obseved that mere suspension of sentence of imprisonment does not take out the stigma of conviction of the petitioner and having found that the order passed by the 1st respondent dismissing the petitioner from service consquent on the conviction of the petitioner in a criminal case cannot be faulted, dismissed the writ petiton. Aggrieved by the same, the present writ appeal has been preferred by the writ petitioner. Heard the learned counsel and perused the material available on record. It is the grievence of the petitoner that he was trapped by A.C.B.officials for receiving illegal gratification and was placed under suspension and thereafter, the autorities revoked his suspension and posted him in Guntur. Subsequently, the petitioner was convicted and sentenced in the criminal case filed against him and consequent on his conviction, the authorities dismissed him from the service. Aggrieved by the same, the petitioner filed Criminal Appeal in Crl.A.No.487 of 2008 assailing the judgment of conviction and sentence passed in C.C.No.7 of 2004 and obtained interim suspension of sentence. The order of dismissal is under challenge in the present appeal. It is his contention that since the sentence has been suspended by the appellate Court, the conviction recorded by the trial Court cannot be a basis for dismissing him from service. However, the fact that remains undisputed is that in the first instance, the petitioner was convicted and sentenced by the trial Court, basing on which, he was dismissed from service. Though an appeal is preferred against the said conviction and sentence and the conviction and sentence are suspended by the appellate Court, but, at the same time, the authorities cannot be prevented from taking action on administrative grounds against the petitioner in the present facts and circumstances of the case. Hence, I do not find any flaw in the order of the learned signle judge in dismissing the writ petition and as such, the order impuged in this appeal does not warrant any interference by this Court and thereby, the appeal is devoid of merits and the same is liable to be dismissed. Accordingly, the writ appeal is dismissed. No costs. ___________________________ Justice T. MEENA KUMARI _______________________ Justice SANJAY KUMAR Dated 17th July, 2009. Dvs/Gurc HONOURABLE SMT. JUSTICE T. MEENA KUMARI & HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 273 of 2009 (Judgment of the Division Bench delivered by Hon’ble Smt. Justice T. Meena Kumari) Dated 17TH July, 2009 .