IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWELTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 23526 of 2006 Between: 1 The Director of Town and Country Planning, A.P., Hyderabad. 2 The Commissioner, Uppal Kalan Municipality, Uppal Rangareddy District, Hyderabad. ..... PETITIONERS AND Sri Mohd. Q.M.K. Aqueel, S/o. Hider Khan, Town Planning Supervisor (under suspension) Uppal Kalan Municipalitym, Uppal, R.R. District .....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 issue an appropriate writ or direction, more particularly one in the nature of Writ of Certiorari, calling for the records connected with order dated 27-9-2006 in OA NO. 3675 of 2006 on the file of the Hon'ble Andhra Pradesh Administrative Tribunal, Hyderabad and to quash the same as erroneous and contrary to law and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioners: GP FOR SERVICES I Counsel for the Respondent : MR.A.SREEDHAR The Court made the following : THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 23526 of 2006 ORDER: (Per Hon’ble Smt. Justice T. Meena Kumari) This writ petition is filed by the petitioners seeking to set aside the order, dated 27.9.2006 passed by the A.P. Administrative Tribunal in O.A.No.3675 of 2006. The respondent herein is the applicant before the Tribunal. He filed the above O.A. seeking to set aside the proceedings No.4141/2004/M4-2, dated 1.6.2006 issued by the 1st respondent and consequently, to direct the respondent to reinstate him into service with all consequential service benefits including consideration of promotion on the ground that though he was not involved in any criminal activity, the respondents initiated disciplinary proceedings by suspending him on the ground of criminal charges. The tribunal having observed that when the report has specifically made four officers responsible, the respondents suspended the applicant whereas charge sheets have been issued against the superior officers and this amounts to selective and discriminatory suspension, allowed the O.A. Having aggrieved by the same, the present writ petition has been preferred by the authorities. Heard the learned Government Pleader for Services and the learned Counsel appearing for the respondent-applicant and perused the material available on record. When the matter is taken up for hearing, the learned Counsel appearing for the respondent submitted that in pursuance of the orders of the tribunal in the above O.A., the respondent has been reinstated into service as Town Planning Supervisor and posted as to Miryalguda Municipality, vide proceedings dated 21.2.2007. On the other hand, the learned Government Pleader also submitted that the disciplinary proceedings are pending against the respondent-applicant and therefore, the reinstatement of the respondent-applicant shall be subject to the result of the disciplinary proceedings. Under the above circumstances of the case and in view of the pendency of the disciplinary proceedings and in view of the nature of the allegations made against the respondent-applicant, We make it clear that the reinstatement of the respondent- applicant shall be subject to the result of the disciplinary proceedings. The petitioners-authorities are directed to conclude the disciplinary proceedings within six months from the date of receipt of a copy of the order. Subject to the above direction, the writ petition is disposed of. No order as to costs. ________________________ Justice T. Meena Kumari _____________________ Justice G. Chandraiah Date: 12th March, 2008 Nn/Gurc. THE HON'BLE SMT JUSTICE T.MEENA KUMARI and THE HON'BLE SRI JUSTICE G.CHANDRAIAH WRIT PETITION NO : 23526 of 2006 (Order delivered by the Hon’ble Smt. Justice T. Meena Kumari) 12/03/2008